FOWLER CITY COUNCIL MEETING  AGENDA FEBRUARY 2, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA93625  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 Raiph 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 wlll provide access to the City Councl! 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 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 oft the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on  telephonic participation.  the City's website at www.owlercty.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 Councilmember that the resolution or ordinance be read ini full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.  4.  Communications    5. Staff Reports  A) City Engineer's Report  1)  Consider Adoption of Resolution No. 2490, "A Resolution of the City Council of the City of Fowler Approving Final Tract Map No. 6188 and Accepting Street Dedication and Easements" Approve Retention Basin Agreement for Tract 6188 and Authorize the City Manager to Execute on Behalf of the City First Reading of Ordinance No. 2021-01 Amending the Title of Chapter 2ofTitle 7, and Adding Chapter 4 to Title 7 of the Fowler Municipal Code Pertaining to Requirements for Installation and Relocation of Provide Staff Direction Regarding Parking Strategies within the Downtown Area on Merced Street between 5lh Street and 7"h Street  2)  Utility Facilities Underground  3)  B) City Manager's Report  COVID-19 Update  C) Public' Works Director's Report D) Finance Department Report E) Police Department Report F) Fire Department Report City Attorney's Report  6. 7.  Consent Calendar - Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa Councilmember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councilmember objects to an item, then it should be removed and acted upon as a  separate item. A)  Ratification of Warrants - February 2, 2021 January 12, 2021, and January 26, 2021  B) Approve Minutes of the City Council Special Meetings - January 5, 2021, C) Adopt Resolution No. 2487, "A Resolution of the City Council of the City of Fowler Declaring Real Property Located at 131 North 6th Street to be Surplus Property and Directing the City Manager to Send Notices of Availability Pursuant to Government Code Section 54220, ET SEQ."  2    D) Approve Resolution No. 2488, A Resolution of the City Council of the City of Fowler, County of Fresno, State of California Confirming Assessments for Nuisance Abatement Costs for Violations for Property Related to a Public Nuisance as Provided Within Section 5, Chapter 23 of the Fowler Municipal Code; 403 South 5th Street, Fowler, CA, APN No. 343-253-09" E) Approve Resolution No. 2489, "A Resolution of the City Council of the City of F) Approve the City of Fowler's Fire Station Project Constructed by Klassen Corporation and Authorize the City Engineer to File the Notice of Completion Committee Reports (No action except where a specific report is on the agenda) Approve Mayor's recommendation to appoint Cesar Rodriguez and Adriana Prado tot the Planning Commission (unscheduled vacancies to the Planning  Fowler Approving Development and Planning Fees for 2021"  8.  Commission) Mayor Cardenas Mayor Pro-Tem Rodriquez Councimember Kazarian Councilmember Mejia Councilmember Parra Adjournment Next Ordinance No. 2021-02  9.  Next Resolution No. 2491  CERTIFICATION: 1, Corina Burrola, Deputy City Clerk oft the City of Fowler, California, hereby certify that  the foregoing agenda was posted for public review on Friday, January 29, 2021.  OQiu PaG Corina Burrola Deputy City Clerk  3    ITEM  5A-1  STAFF REPORT  DATE: JANUARY: 28, 2021  TO: RE:  MAYOR AND CITY COUNCIL TRACT 6188 FINALI MAP  FROM: DAVID PETERS, CITY ENGINEER  REQUESTED COUNCILACTION:  Consider the acceptance of the final map for' Tract 6188;  1. Adopt Resolution No. 2490 approving the final map for Tract 6188 accepting on behalf oft the public the streets and easements as offered on the map in accordance with the 2. Authorize the City Engineer to transmit the Final Map of Tract 6188 and associated 3. Authorize the City Manager to execute both the Subdivision Agreement and Retention  terms oft the dedications.  documents to the Fresno County's Recorder's Office for recording.  Basin. Agreement on behalf of the City.  DISCUSSION:  The applicant, Sunshine Raisin Corporation, a California Corporation, is proposing to develop a76 lot subdivision in the northeast corner of the Adams Avenue / Armstrong Avenue The applicant has complied with the conditions of approval oft the tentative tract map. These conditions, in addition to many other requirements, direct the project to mitigate it's project traffic impacts to the intersection of Adams Avenue / Armstrong Avenue through the payment ofaf fair share contribution to future capacity improvements at the intersection. The project will direct drainage to an off-site drainage basin adjacent to the proposed subdivision. A Retention Basin Agreement has been developed between the developer and the City to ensure the basin property will be operated and maintained consistently to accept The applicant has submitted the public improvement plans and the final map to the City, both of which have been reviewed and approved by the City Engineer. A public park will be  interesection in the northeast part ofl Fowler.  drainage discharges from the project.    STNPYREPORT-TRICTA 61881 FINALMAP  2  developed as part oft the subdivision. A conceptual plan of the park improvement is attached. The Council is required by law to accept the final map unless they can site deficiencies in the A subdivision agreement has been prepared for the development because the off-site improvements have not yet been constructed. The subdivision agreement requires that the applicant post bonds or instruments of security with the City in order to guarantee the construction of the improvements, which have been submitted to the City. The subdivision agreement also sets forth the development fees that the applicant must pay to the City prior The applicant has paid development fees as described above and in accordance with City fee resolutions. These fees will provide for review costs by the City and other capital The subdivision is zoned residential, and complies with the City's General Plan. Following acceptance of this map by the City, the City Engineer shall deliver the final map and subdivision agreement to the Fresno County Recorder for recordation.  final documents.  to the delivery oft the final map to the County Recorder.  improvement requirements.  Attachments:  1. Resolution of Acceptance 2. Subdivision Agreement 3. Final Map Tract 6188 4. Retention Basin Agreement 5. Conceptual Park Improvement Plan  DP  2    RESOLUTION NO. 2490  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OFI FOWLER APPROVING FINAL TRACT MAP NO. 6188. AND ACCEPTING STREET: DEDICATION AND EASEMENTS Subdivider, has presented to the City Council oft the City of Fowler, a Municipal Corporation, a Final Map  WHEREAS, Sunshine Raisin Corporation, a California Corporation, the Owner and  ofTract No. 6188 for approval by the City Council; and  WHEREAS, the City Engineer has verified that all of 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 Map is substantially the same as the Tentative Map thereof, as previously approved by the  City Council and Planning Commission; and dedication to the City of Fowler; 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 also determined that it would be in the best interests of the  easements be accepted by the City Council; and  City at this time to accept the streets and easements offered for dedication on the Final Tract Map No.  6188; and  WHEREAS; the City Council hereby authorizes the City Manager to enter into the  Subdivision Agreement, which has been previously executed by the Subdivider, related to the  construction of public improvements associated with the subdivision.  NOW THEREFORE, BE IT RESOLVED the Final Map of Tract No. 6188 and the  dedication of the street and easements offered for dedication as shown on Final Tract Map 6188 be accepted, and the Mayor and/or City Manager and City Clerk be authorized and directed to sign the  documents for improvements and recordation.  Dated: February 2, 2021  David Cardenas, Mayor  I,Corina Burrola, 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 February  2,2021, by the following vote:  Ayes: Noes: Absent: Abstain:  Dated: February 2, 2021  Corina Burrola, Deputy City Clerk City ofFowler    CITY OF FOWLER SUBDIVISION AGREEMENT TRACT NO. 6188  THIS SUBDIVISION AGREEMENT AGREEMENT) is made and entered into this Corporation "SUBDIMDER"), and the CITY OF FOWLER, a Municipal Corporation ("CITY").  day of  2021, by and between Sunshine Raisin Corporation, a California  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 SUBDIMIDER 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.  NOW THEREFORE, 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 SUBDIVIDER 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  Page I    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, SUBDIMIDER 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. In the case of asphalt concrete surfacing, the SUBDIVIDER'S Engineer shall, prior to surfacing, set grade stakes and shall be in attendance at SUBDIVIDER 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 SUBDIVIDER 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.  to 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  Page 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. oft 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 be 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, SUBDIMIDER 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 ofi insurance with a 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  Page 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 SUBDIVIDER, 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 of 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 oft 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 SUBDIMIDER, 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. SUBDIVIDER 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 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.  7.  Permits and Compliance. Should SUBDIVIDER be required to perform any Work  permit from the CITY or any other agency.  Subdivision Agreement for Tractl No. 6188  Page 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 SUBDIVIDER 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 SUBDIMVIDER 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 oft the improvements, ori in lieu of making such repairs, the SUBDIVIDER shall pay to 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. In 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. If in 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  Page 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. SUBDIVIDER 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 to 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 oft 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 SUBDIMIDER 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 SUBDIVIDER 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 of 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  Page 6    SUBDIMIDER 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 SUBDIVIDER 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. Acertification shall also bet furnished by the SUBDIVIDER'S engineer that all utility trenches have been uniformly compacted to the SUBDIVIDER 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 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 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 to 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. Ifs 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 bei included in the Agreement.  Subdivision Agreement for Tract No. 6188  Page 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 SUBDIMDER. 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 of 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, in 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 SUBDIMIDER 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, SUBDIVIDER forever waives it's right to request and receive any reimbursement, reimbursement agreement or Development Impact Fee credit.  solely responsible.  testing firm of the SUBDIVIDER'S choice.  billing therefore, the entire cost to the CITY of such dust control.  completion thereof.  Subdivision Agreement for Tract! No. 6188  Page 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 SUBDIVIDER, 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. SUBDIVIDER'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  Page 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 ini 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 relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related tot 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 oft 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  Sunshine Raisin Corporation, a California Corporation, it's General Partner  By:  By:  Jeannie Davis  APPROVED AS TO CONTENT:  ATTEST:  By:  By:  David Peters, PE City Engineer, City of Fowler  Fowler Deputy City Clerk  Subdivision Agreement for Tract No. 6188  Page 10    EXHIBIT 'A' TENTATIVE TRACT MAP  Subdivision. Agreement for Tract No. 6188  Page 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 CONSTRUCTIONCOSI  Site Preparation  Construction of all rough grading, 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. Dry Utilities  $  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 on 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  Page 12    SECURITY REQUIREMENTS  Performance Labor and Material Warranty Monumentation Security  $ $ $ $_  2,375,234.00 1,187.617.00 593,808.50 10,000.00  PLAN CHECK AND INSPECTIONF FEE  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 of 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 Tractl No. 6188  Page 13    RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF FOWLER 128 South 5th Street Fowler, CA 93625 Attn: Public' Works Director NO RECORDING FEES IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 6103 AND27383 The undersigned grantor(s) declare(s): DOCUMENTARY TRANSFER TAXI IS $0  Space above for Recorder'sUse  RETENTION BASIN AGREEMENT  THIS RETENTION BASIN AGREEMENT is made and entered into this day of  2020,  by and between Sunshine Raisin Corporation, a California corporation hereinafier called the Owner". and  the Cily of Fowler, a  hereinafter called the "City." RECITALS  WHEREAS, the Owner owns a fee simple inlerest in all the land more particularly described on Exhibit"A" WHEREAS, the Property is located adjacent to a proposed residential subdivision identified as Tract Map No. 6188 (Marshall Estates) in the City ofF Fowler, County of Fresno ("Benefitled Residenlial Projecl"). The Benefitted Residential Project has been approved for development subject toa Cily imposed Condition of Approval requiring the construction and long-term maintenance of a retention basin within the Property ("Retention Basin"). which retention basin shall be constructed in subslantial accordance with the improvement Plans dated March 2, 2020, as may be modified based upon requirements of the City ("'Improvement Plans"). The Retention Basin will service the Benefitted Residential Project until such time as the Benefitted Residential Project is connected to a permanent public storm drain basin to service the WHEREAS, it has been agreed that Owner shall cause the Retention Basin to be constructed within the portion oft the Property more particularly described on Exhibil "B" attached hereto and incorporated herein WHEREAS, upon completion of construction of the Retention Basin, the City desires to establish an easement for public drainage into the Retention Basin, and to and thereafter impose covenants upon the Property to ensure Owner does not remove or alter the Retention Basin, and to further ensure Owner adequately maintains such Retention Basin in accordance with all City requirements. NOW, THEREFORE, in consideration of the foregoing premises, the mutual çovenants contained herein, and for other good and valuable consideration, and the following terms and conditions, the parties hereto 1. Construction of Retention Basin. Owner shall cause the Retention Basin to be constructed by Owner concurrently with the construction oft the Benefitted Residential Project, and in accordance with the plans and specifications identified in the Improvement! Plans. The construction oft the Retention Basin shall  attached hereto and incorporated herein (the Properly").  Benefitled Residential Project. ("Relention Basin Easement Area").  AGREEMENT  agree as follows:  SMR#48290289.58985 092120  EXHIBIT" "A"  OHDW-321384    include, without limitation, construction andi installation of pipes and channels to adequately convey storm water from the Benefitted Residential Project to the Retention Basin and all structures and related 2. GranlofDrainagel Easemen!. Effective upon completion of the Retention Basin as evidenced bya letter from the civil engineer of record slating that the Relention Basin is built in accordance with the Improvement Plans, Owner hereby grants to the City an easement for public drainage purposes on, over, under, through and: across the Retentionl Basin Easement. Area. Owner acknowledges and agrees that the Citys shall! have ane easement: and right to drain water from the public storm water system from the Benefitted Residential Project into the Retention Basin inp perpetuily, unless this Agreement is terminated pursuant to 3. Owner Mainlenance Obligalions. The Owner shall adequately maintain the Retention Basin at Owner's sole cost ande expense, Adequate maintenancel is herein defined as good, clean, working condition so that the Retention Basin and associated improvements are performing their designed functions and includes, without limitation, the maintenance and repair requirements of the Owner as set forth in Exhibil "C" attached hereto and made a part hereof (collectively "Maintenance Requiremenis"). 4. Granl of Easementandi Right lo Inspect and Cure. The Owner hereby grants an easement to the City and its authorized agents, employees and contractors to enter upon the Properly and to enter the Retention Basin Easement. Area toi inspect the Retention Basin whenever the City deems necessary. The City shall provide the Owner copies oft thei inspection findings anda a directive to commence required repairs orr maintenance and the date such repairs and maintenance must be completed (R&MI Nolice"). In the event the Owner fails to maintain and repair the Retention Basin and the Retention Basin Easement Area as required by this Agreement, ora after delivery ofaR&M Notice and the! lapse oft the time periodi identified inthe R&N M Notice the Owner has failedt top perform the maintenance and repairs, the Cily may enter upon the Property and take whatever actions it deems necessary to perform the repairs and maintenance identified in the R&I M Notice and charge the costs of such repairs and maintenance to the Owner. City shall provide Owner with a written invoice identifying the costs incurred by the City in performing such repairs andi maintenance, including, without limitation, City employee costs, and Owner shallp pay tot the Cily all amounts identified int the invoice within thirly (30) days after the date oft thei invoice. This provision! shallr not be construed to allowt the City to erect any new or additional structure ofap permanent nature on the land of the Owner or to perform any work whatsoever outside of the Retention Basin Easement Area. Ilis expressly understood and agreed that the City is under no obligation to maintain or repair any portion of the Retention Basin ort the Retention Basin Easement Area and associated facilities, and in noe events shall this Agreement be construed toi impose anys such obligation on the City. 5. Reimbursement Obligalion. In the event that pursuant tot this Agreement the City performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner shallr reimburse the City within thirly (30) days after demand therefore. 6. Indemnity and Hold Harmless. This Agreement imposes no liability of any kind whatsoever on the City and the Owner agrees to hold the City harmless for the design, construction, operation, maintenance, repair or use of the Retention Basin and the Retention Basin Easement Area and all other stormwater management facilities to be developed, constructed or used by the Owner for the Property. Owner shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents ("City Parties") from any direct or indirect loss, damage, liability, claims and expense and atlorney's fees for any kind whatsoever, arising out of the design, constructian, operation, maintenance, repair, condition or use of the Retention Basina andi thel Retention Basin! Easement Area including any non-performance: oft this Agreement by Owner. Owner's obligation to indemnify the City Parties under this Section 6 shall apply to all Owner 7. Covenants Running with lhe Land. This Agreement, and all the terms and conditions of this Agreement, shall be covenants running with the land and shall be binding upon the Owner and all successors and assigns oft the Owner and alls successive owners of the Property who shalla assume and be  improvements.  the provisions of Seclion 14 below.  obligations under Section 15 of this Agreement,  SMR.482902885885 092120  EXHIBIT' "A"  OHDW-321384    bound by all the provisions of this Agreement, including, without limitation, all obligations and responsibillties of maintaining, repairing and operating said Retention Basin and the Retention Basin 8. Severabilily. In the event any Court of competent jurisdiction declares any part of this Agreement tol be unenforceable, such declaration shall not affect the enforceability of the remaining provisions of this 9, No Third Party Beneficiaries. This Agreement does not and shall not be deemed to confer upon or grant to anyt third party any right, whatsoever, including without limitation, anyr right to claim damages orto bring any lawsuit, action or other proceeding against the City, the Owner, or any respective successors and assigns of the City or the Owner because of any breach hereof or because of any terms, covenants, 10. California Law. The laws, rules, and regulations of the State of California shall be applicable int the 11. Attorney's Fees. Ifany party to this Agreement shall take anya action to enforce this Agreement or bring any action or commence any proceeding for any relief against any. other party, declaratory or otherwise, arising out of this Agreement, thel losing party shall payt to the prevailing party a reasonable sum fora attorneys' and experts' fees and costsi incurred in taking such action, bringing suchs suita and/or enforcing anyj judgment granted therein, all of which shall be deemed to have accrued upon the commencement of sucha action and shall be paid whether or not sucha action is prosecutedi toj judgment. Anyj judgment or order enteredi ins sucha action shall contain as specific provision providing for the reçovery of attorneys' and experts' fees and costs and such amounts due hereunder shall be determined by a court of competent jurisdiction and not by a jury. For the purposes of this Section, attorneys' and experts' fees and costs shall include, without limitation, feesi incurred in the following: (a) post-judgment motions; (b) contempt proceedings; (c) garnishment, levy, and debtor and third party examinations; (d) discovery; (e) bankruptcy litigation; and () 12. No Other 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 13. Amendments. No change, amendment or modification of this Agreement shall be valid unless the 14. Termination. In the event the Benefitted Residential Project is connected to a public storm drain system that provides drainage to an alternative public retention basin, which connection may occur in the City's sole and absolute discretion, the City and Owner shall cooperate to terminate this Agreement and 15. Notice. Any notice, consent, authorization, or other communication to be given hereunder shall! be inwriting and shall be deemed duly given and received when delivered personally, when transmitted by facsimile ore emaili ifreceipt is verified, one (1) business day after being deposited for next-day delivery with ar nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mall, charges and postage prepaid, properly addressed to the party to receive suchr notice att the last address furnished for suchp purpose byt thep party to whom notice is directed and addressed as follows:  Easement. Area in accordance with thep provisions oft this Agreement.  Agreement.  agreements or conditions contained herein.  enforcement, interpretation, and execution oft this Agreement.  appeals. Venue shall bei inl Fresno County, California.  covenants and agreements between the parties regarding said matters. same be in writing and signed by the parties hereto.  upon such termination, this Agreement: shalll be of no further force and effect.  City of Fowler: CITY OF FOWLER 128 South 5th Street Fowler, CA 93625 MRHA829-0288-8985 092120  Owner:  Sunshine Radsin Coyporaben Altention: Lindakal ABdoTan 06557h5 Fowler CA 93625  EXHIBIT"A"  OHDW-321384    Attn: Public Works Director With a copy to: CITY OF FOWLER 128 South 5th Street Fowler, CAS 93625 Attn: City Manager  Telephone: 559-834-578 Email: lalodulnan TgtataSm.to FEwwemoofe DowhiAarn #080, Palm Avc, Uhire Floo Fesno CA $5711 Attention:. HSENEALn Telephone: 55-V4500 Fax: 55452-4570 Emat/browAOECLAW-Con  Withac copy to:  The parties hereto may change their address as set forth int this paragraph by providing the other 16. Neither Owner nor any successive owner of the Property shall cause, permit or allow any toxic or Hazardous Substances, as defined by applicable Federal, State or local law, rule, regulation or ordinance, to be brought upon, treated, kept, stored, disposed of, discharged, released, generated, applied or used upon, about or beneath the Property or any portion thereof including, without limitation, the Retention Basin IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.  party with written notice thereof.  and the Retention Basin Easemen!. Area.  CIY:  OWNER:  Sunshine Ralsin Covporahin By: SAaa - Name:, Lindakay Abdulian Its: Feslnt Dated: 1-21  By:.  2022  SRH482X0288-8985 092120  EXHIBIT"A"  OHDW-321384    Anotary public or other officer completing this certificate verilies only the identity oft thei individual who signed the document to whicht this certificate isa attached, andr not the truthfulness, accuracy, or validity oft that document.  State of California County of Frcsno  On Jan 27452D21 before me, Movia D Garca  a Notary Public, personally  appeared Lindal Kon Alodian who proved tor me on the basis of satisfactory evidence tob be the person(s)whose' name(s)i is/are: subscribed! to the withini instrument anda acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, cerlify under PENALTY OF PERJURY under the laws of the State of California that the foregoing  executed the instrument. paragraph! is true and correct. WITNESS my hand and officials seal.  MARIA D. GARCIA ÇOMM. *2276842 Notary Public. California Fresno County. Myo Comm. Expires Feb. 7,2023  Signature Lllps -  An notary public or other officer completing this certificate verifies only the identity oft thei individual who signed thc document to which this certificate is attached, andr not the truthfulncss, accuracy, or validity oft that document.  State of California County of On appeared.  before me,  a Notary Public, personally  who proved to me on the basis of satisfactory evidence  to bet the person(s)whose name(s) islare subscribed to the within instrument anda acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, Icerlify under PENALTY OF PERJURY under the laws of the State of California that the foregoing  executed the instrument. paragraphi is true and correct. WITNESS my hand and official seal.  Signature  SMR482-0288-58985 092120  EXHIBIT "A"  OHDW-321384    EXHIBIT"A"  Parcel 1:  Lot 10 of Norris Colony in Section 10, Township 15 South, Range 21, East, Mount Diablo Base and Meridian, in the County of! Fresno, State ofCalifornia, according to the mapi thereofrecorded  April 8, 1886 in Book 21 Page 28 ofPlats, Fresno County Records. Excepting therefrom that portion ofs said lot bounded as: follows:  Beginning at the Southwest comer of said lot, thence running North along the West line ofs said Lot, 6r rods, thence at right angles East to the East line of said Lot; thence at right angles South on said East line, 6 rods to the Southeast corner of said lot; thence West to the point of  beginning. Parcel 2:  The North half of the North half of Lots 5 and 6 and the South six rods of Lot 10 of Norris Colony, in Southeast 10, Township 15 South, Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of Califoria, according to the map thereof recorded April 8, 1886  inl Book 21 Page 28 ofPlats, Fresno County Records.  08567.0262.0972761    NB926'14E 483.66'. PROPOSED TEMPORARY PONDING BASIN N89'26'14E 483.66'  -  WEST UNE OF SOUTHEAST QUARTER OF SECTION 10, T155, R.21E., M.D.B.6c,  N8926'14'E 638.96'   192.16  EAST ADAMS AVENUE  SOUTH QUARTER CORNER OF SECTION 10, T.15S, R 21 E., M.D.B. & M., FOUND 1" LP. MON., 12" DOWN., PER PARCEL MAP NO, 86-1, RECORDED IN BOOK 46 OF PARCEL MAPS, AT PAGE 70, F.C.R.  SCALE IN FEET 100 200  400  PROJECT: EXHIBIT FOR TEMPORARY NO. 6188 "MARSHALL ESTATES" STATE OF CALIFORNIA, APN: 340-130-14  uDe NO: 17-023 SCALE: 1"- 200 SHEET 1 1-  GATEWAY PONDING BASIN PURPOSES FOR TRACT DATE: 09/29/20  ENCINEERINC,INC DESCRPTONE: AP PORTION OF LAND IN P.559-320-09441 F. 559-3 320-03451WWW. GATEWAYENG.COM THE CITY OF FOWLER, COUNTY OF FRESNO,  CIVIL ENGINEERSILAND: SURVEYORS 405PARK CREEK DRIVE, CLOVIS,  CA 93611-4436    Exhibit' "C" Maintenance Requirements  Maintenance Monthly Maintenance toa as the' "Basin": Inspections  The following items represent the minimum acceptable levels of maintenance and repair work and services tob bep performed by Owner for the Retention Basina and the Retention Basin Easement Area. For purposes oft this Exhibit' "C", the Retention Basin and the Retention Basin Easement. Area will be collectively referred  The Basin shall be inspected monthly to determine the need for repairs, trash and debris removal, weed control, or rodent control and take all necessary steps tor maintain the Basin.  Maintenance  Maintain and repair of all outfalls, fences, gates, signs, locks and otheri improvements tot the Basin. Any damage to the Basin which adversely impacts the functioning of the Basin or the securityo of  the Basin must be repaired immediately. Trash and Debris Removal  All trash and debris within the boundaries of the Basin, including. but not limited to all trash and debris in and around the inlet or outlet structures, spillway, outlet channel and rip rap shall be removed from the Basin. Work shall be accomplished in a manner such that does not require unauthorized Confined Space Entry. Remove all trash and debris in all areas between the boundary fence and the street pavement, including the gutter during each scheduled inspection Allt trash, debris and other waste and refuse material collected within and around the site shall be properly disposed of at an approved dumping site. The Basin shall always be kept in a neal and  within 72 hours ofr notification of trash or debris in the Basin.  clean condition free of trash and debris.  Weed Control  Weed control shall be maintained through use of appropriate mechanical equipment and tools (grading, mowing, flailing, manual or power hand operated tools, etc.) or chemical applications as may be necessary in order to effect the elimination of weed and plant growth through outt the Basin including any rock lined spillway and outlet channels. Weed controls shall bey performed ina ar manner Ap pre-emergent shall be applied once to all fencel lines in October or November. No burning willl be Herbicides shall not be appliedi in a manner that will affect the growth of plants on land adjacent to the Basin and specifically to avoidi impact to all vegetation. Any damaged plants shalll be replaced Any and alli insecticides, herbicides, and all other chemicals or other applications shall be useda and appliedi in stricta accordance with the manufacturers: application instructions andi in accordance with applicable Federal, State and locall laws, rules, regulations and ordinances.  which will minimize damage to the Basin from erosion, permitted in the performance of this work.  immediately.  SMR48290285-58985 092120  EXHIBIT"C"  OHDW-321384    When the Basins site contains water, eliminate weeds and planti life between thet fence: and the water line. Special effort shall be made to eliminate the growth oft trees seedlings and weeds at the water Int the course of Basin maintenance, elimination of aquatic type weeds, plants and undesirable aquatic insects and marine life, such as midges, mosquitoes, frogs, toads, and other aquatic life within the Basin may be required. Such work and services shall be coordinated with control activities of any governmental agencies concerned with the elimination or control of undesirable insects andlor aquatic life, including coordination of work with appropriate Mosquito Abatement District. Elimination of undesirable aquatic growth and/or life may be accomplished by means of appropriate herbicides and pesticides. The elimination of aquatic growth shall be performed ins such a manner as not to endanger beneficial plant and animal life on! Basin or adjoining property. Eradicate pests andi rodents, sucha as ground squirrels, gophers, moles, skunks, etc. Pursuit ofsuch eradication measures and thet use of pesticides and other chemicals ore eradication techniques shall bei ina accordance with alla applicable local, State and Federallaws, rules, regulations and ordinances governing the use of such chemicals or techniques. In no event shall the actions effecting such Annual maintenance items include items that must be performed in addition to those performed as part of monthly maintenance, The following items represent the minimum acceptable levels of All trash and debris shall be removed from the Basini floor and disposed of at an approved When sediment has accumulated to a level on average of six inches depth, and if such sediment is accessible, all sediment shall be removed and disposed of off-site at an approved dumping site. Sediment removal shall be performed at no less than a 5-year  line,  Rodent Control  eradication resulti ina a danger lo humans, domestic animais or plant life.  Annual Maintenance  annual maintenance and repair services tol be performed for each site.  dumping site.  interval if accumulation does not reach 6" depth specified. Repair all erosion on side slopes and around Basin.  SMR+48290268-5885 092120  EXHIBIT "C"  OHDW-321384    NVId8BISWW> MVdSRIVIS3 TMVHSHVW MTOS oS SLVIS3 9819 Ju  AVMEVS  M   M I  BANBAVE ONOHISNV    ITEM  5A-2  STAFF REPORT  TO: FROM: DATE: CC:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: UTILITY UNDERGROUNDING ORDINANCE  JANUARY2 28, 2021  JEANNIE DAVIS, CITYMANAGER  REQUESTED ACTION:  Approve Ordinance No. 2021-01 amending the title of Chapter 2 to Title 7, and adding Chapter 4 to Title 7 of the Fowler Municipal Code pertaining to requirements for installation  and relocation of utility facilities underground. DISCUSSION /RECONMENDATION:  Development projects approved in the City of Fowler frequently issue "Conditions of Approval" (Conditions) as part of the entitlements on various projects. Frequently, those Conditions require the developer/applicant to adjust, modify, relocate or install new private electric and telecommunication utilities adjacent to proposed projects. In order to codify document the City's long practiced policies regarding undergrounding and provide guidance for future projects, the City has developed this Ordinancean Undergrounding Policy. Thise Ordinancepolicy sets forth requirements for placing existing and proposed private utilities underground and generally scales the requirements to the size and nature of the Previously, the Council considered a written Undergrounding Policy, and gave direction to staff to return with an ordinance codifying the provisions of the proposed policyadopted the Undergrounding Policy. This Ordinance will allow In order to provide for enforcement of the desired undergrounding requirements and conditionspolicy, it is proposed that it be  development.  codified by ordinance pursuance to the attached. Attachments: Ordinance 2021- 01    ORDINANCE NO. 2021-01  AN ORDINANCE OF THE CITY OF FOWLER AMENDING THE TITLE OF CHAPTERZTOTITLE 7, AND ADDING CHAPTER 4TO TITLE70F THE FOWLER MUNICIPAL CODE PERTAINING TO REQUIREMENTS FOR INSTALLATION AND  RELOCATION OF UTILITY FACILITIES UNDERGROUND  WHEREAS, above-ground and overhead electrical and communication facilities in the public right-of-way and on private property create public safety risks and adversely impact the  appearance and aesthetics ofthe City; and  WHEREAS, it is in the public interest to require electrical and communication facilities to be located underground when and where reasonable, and for the City to adopt regulations governing the installation and relocation of such facilities in the public right-of-way and on  private property. follows:  NOW, THEREFORE, the City Council of the City of Fowler does hereby ordain as  Section 1. The title of Chapter 2 ofTitle 7 oft the Fowler Municipal Code is hereby amended  tor read as follows:  CMAFTER3-UNDEAGROIND UTILITY DISTRICTS  Section 2. Chapter 4 is added to Title 7 ofthe Fowler Municipal Code to read in its entirety  as follows:  GAPTER-REQURENENTS FOR UNDERGROUND UTILITIES  Sections: 7-4.01 7-4.02 7-4.03 7-4.04 7-4.05 7-4.06 7-4.07 7-4.08 7-4.09 7-4.10 7-4.11  Findings and Purpose. Undergrounding Requirements. Exempt Facilities. Cost of Undergrounding. Permits and Fees. Street Lighting. Site Screening. As-Built Drawings. Joint Trenches. Director Review. Severability.  7-4.01 - Findings and Purpose.  The City seeks to decrease above-ground and overhead utility facilities in the public right-of-way and on private property, and thereby improve public safety and the appearance and aesthetics of the City by requiring utility facilities to be installed and relocated underground. The purpose of    this Chapter is to establish minimum requirements and procedures for the underground installation and relocation ofelectrical and communication facilities within the City. Notwithstanding the provisions of Chapter 7-2, this Chapter shall apply to electrical and communication facilities, including but not limited to electric power, telephone,  elccommunication, and cable television facilities within the City limits.  7-402-Undergroundimg Requirements. A. New Services and Facilities:  (1) All electrical service and communication service to a new commercial building shall be constructed underground including undergrounding of overhead utility lines across the (2) All electrical service and communication service to an existing commercial building shall (3) All electrical service and communication service to a new residential building exceeding two units shall be constructed underground including undergrounding of overhead utility (4) All electrical service and communication service to a new residential building having two units or fewer and accessory dwelling units shall be constructed underground where (5) All electrical service and communication service to a new residential building having two units or fewer and accessory dwelling units may be constructed aerially where existing  frontage oft the subject property.  be constructed underground from the point of connection.  lines across the frontage ofthe subject property.  existing surrounding services are underground.  surrounding services are aerial. B. Rebuilds, Replacements and Additions:  (1) All existing electrical service and communication service to a rebuilt residential building oftwo units or fewer where overhead service previously existed may remain overhead. (2) All existing electrical service and communication service to rebuilds or additions exceeding 50% of the original building area of existing commercial or residential facilities in excess of two units shall be constructed underground including overhead (3) All existing electrical service and communication service to rebuilds or additions of existing residential or commercial facilities not exceeding 50% of the original building area may be maintained overhead where existing surrounding services are overhead. Any new service must be placed underground from the point of connection in accordance with (4) A minor rebuild, replacement or relocation of existing overhead facilities that does not  utility transmission across the frontage of the subject property.  subdivision B(2) of this Section.  alter the essential system configuration may be constructed overhead.  2    (5) When there is casualty damage to an overhead service system or other major service (6) Installation of additional conductors to provide one three-phase circuit is allowed on (7) Reconductoring for routine maintenance that does not constitute a major rebuild is allowed on existing overhead facilities. Routine maintenance is also allowed on existing facilities for pole replacements and replacement of miscellaneous hardware.  outage, the facilities may be restored overhead.  existing overhead facilities.  C.R Residential tract transformers:  (1) Electrical transformers within residential tracts, approved by the City, shall be placed No work permitted by this Section shall result in an increase in the number of utility poles, except an additional pole may be installed if an existing pole that is suitable as a termination for underground installation from an overhead system that is intended to remain is not available  underground.  within 300 feet of the closest property line oft the development site.  7-4.03 - Exempt Facilities.  The following facilities are exempt from the undergrounding requirements of this Chapter: (a) Electric utility substations and switching facilities not located in the public right-of-way (b) Electric transmission systems ofa voltage of 115 kV or more (including poles and wires) (c) Telephone pedestals, cross connect terminals, repeaters, cable warning signs, and other (d) Municipal equipment, including but not limited to traffic control equipment and police  where site screening will be provided. and equivalent communication facilities. equivalent communication facilities. and fire vehicle detections systems. (e) Temporary services for construction.  (f) Replacement of existing overhead facilities due to damage by natural or manmade The Public Works Director shall decide ifa facility qualifies for an exemption under this Section,  causes.  and the Director's decision shall be determinative and final.  7-4.04- Cost ofUndergrounding.  The cost of constructing new facilities underground or relocating existing overhead facilities underground shall be borne by the impacted utilities and/or the owners of the real property to be served, as applicable, and shall include the cost of acquisition of any private property necessary  for such construction or relocation necessitated by the undergrounding work.  3    7-4.05 - Permits and Fees.  Except as otherwise provided in any existing franchise agreement with the impacted utility, an encroachment permit for underground construction shall be obtained from the City prior to  construction of facilities in the public right-of-way.  7-4.06- Street Lighting.  Street lighting facilities or systems in conformance with the applicable City standards shall be installed as an integral part of all underground projects constructed after the effective date of  this Chapter. 7-4.07- Site Screening.  Where a permit for an underground project is required by this Chapter, plans for any above- ground facilities shall be submitted to the City for approval of site screening and setbacks prior  toi issuance of an encroachment permit. 7-4.08-As-Built Drawings.  A drawing of the completed underground utility facilities in a form acceptable to the City and conforming to generally accepted engineering practices shall be submitted to the Public Works Department within thirty (30) days of the completion of any underground project within the City. The encroachment permit shall remain open until the as-built drawings are submitted.  7-4.09- - Joint Trenches.  Where several utilities are planned or required in the same corridor, every effort shall be made  by the impacted utilities to use joint trenches for such facilities.  7-4.10-1 Director Review.  The Public Works Director has authority to review and authorize minor deviations to the requirements of this Chapter upon a determination that there is an undue hardship or extenuating circumstances justifying an exception. The Director's determination shall be final. The Director may, in his/her discretion, refer any particular review and authorization to the City Council for consideration, in which case the City Council's determination shall be final.  7-.11-Severability.  Ifany section, subsection, phrase, or clause of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections,  phrases, or clauses be declared invalid.  4    SECTION3. This Ordinance shall take effect thirty (30) days afteri its adoption.  SECTION4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the  ordinance is adopted. The summary shall be approved by the City Attorney.  The foregoing ordinance was introduced at a regular meeting of the City Council held on  2021, and was adopted at a regular meeting of said Council held on  2021, by the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  5    ITEM  5A-3  MEMORANDUM  TO: FROM: DATE:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: DOWNTOWN PARKING STRATEGIES  JANUARY 28, 2021  REQUESTED ACTION:  Provide staff direction regarding parking strategies within the downtown area on Merced  Street between 5th Street and 7th Street.  DISCUSSION:  The downtown area along Merced Street between 5th Street and 7th Street is a vibrant commercial area. With the recent addition of outdoor dining areas, and in an effort to add additional parking in the downtown area, the City Engineer and Public Works Director have performed field surveys to observe handicap and standard parking stall use along the corridor. As a result of this field survey, possible improvements have been identified to improve parking in the downtown area. Some potential improvement include: upgrading existing Prior to pursuing funding and undertaking efforts to develop these improved and additional facilities, staff is requesting direction from Council on needs and parking strategies to be  handicap stalls, adding new handicap stalls, and addition oft timed parking.  undertaken in the downtown area. Attachments: Merced Street- - 5"hto6!h  Merced Street - 6"to7h    B:   SEI sisy    EU r  E  - a        ITEM  7A  .  6    ç  : : 000 o o - 000 o o 000 000 000000 9000000 o 888 888 00 - 00 d8 888 8 d8 888 888 888888 8888888 8  00  208 888 6  888 o  - 888 d0 f 888 888    088  999999990000909 o 200000 000 o - 10  9909090 o o   88888888888888 8 888888 888 8 8 08 00 8888888 8 8 88    20000 o 999999999999 o 10 090 0900 o 90009 000000 o 88888 8 888888888888 8 d8 00 888 8888 8 8888 888888 8  wwos 2  88 d Bs 85838 E    0000non  :  999999999999 0 o o  999999999999 0000 900000 888888888888 8888 888888 &  88 888888888888 8 8    NN  99999033 ARAR 600  88  9999999999999999999 io 000 00000 o e ie  20000 o  88888888888 8 888 88888 8 8 888 o 88888 8 &    30000 88888  00  90 o o 909009 00000 999999999999 9000 0000000 888 8 8 888888 88888 888888888888 8888 8888888 &  OON    -  0G &&& mm  8 0099990009999999999900009  000 o 0000 3888888888888888 8 888 8 8888 &    000000000 o 999999999999 o o :0 o 888888888 8 888888888888 8 8 888 8 8  9000000 8888888 8    o o 000090 o 0000000 o io 999999999999 000  00 00 00 o 00 00 o 88888 8 8888888 8 8 888888888888 888 &    000000 &&pR&g  : 10 000 90000 90000009 o 0 10 o 8888 888 88888 8888888 8 8 88 d0 - 00 d0  0000000 8888888  0 3  SEBE   95 8896 OPNOOC    o 900000 o 0000 3 00 : 888888 8 8888 &        ITEM  7B -  MINUTES OF THE FOWLER CITY COUNCIL MEETING  JANUARY5,2021  Mayor Cardenas called the meeting to order at 7:01 p.I m. Roll call was taken.  Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia and Parra (via teleconference)  City Staff Present:  City Manager Davis, City Attorney Cross, Public Works Director Dominguez, Fire Chief Lopez, City Engineer Peters, Planning  Commissioner Mellon, Deputy City Clerk Burrola  PUBLIC PRESENTATIONS  Craig Mellon, Fowler resident and Chairman oft the City of Fowler's Planning Commission, voiced Ryan Bedrosian, Fowler resident, recited the Deprivation of Rights, Color ofLaw, Section 242 of  his concerns regarding the current vacancies on the Planning Commission.  Title 18.  COMMUNICATIONS  None.  STAFF REPORTS CITY ENGINEER'S REPORT Street Dedication and Easements  Consider / Adopt Resolution No. 2486 Approving Final Tract Map No. 6274 and Accepting City Engineer Peters provided a PowerPoint presentation and gave background information on Tract 6274 final map. The applicant, Woodside Homes, is proposing to develop a 99 lot subdivision in the northeast corner of Sunnyside and Sumner Avenue. The applicant has complied with the conditions and a subdivision agreement has been prepared for the development. Mr. Peters noted the typo in the Agreement under Reimbursement" to state Sumner Avenue not Walter Avenue. The subdivision agreement requires that the applicant post bonds or instruments of security with the City in order to guarantee the construction of the improvements, which have been He said the applicant has submitted the public improvement plans and the final map to the City and has been reviewed and approved by the City Engineer. A request by the Council for another access onto Sumner Avenue has been incorporated into the final map and improvement plans. The access will be a right-in / right-out only access in order to manage traffic at this intersection. Mr. Peters said the subdivision is required to develop a neighborhood park, the applicant has submitted a conceptual plan for the development of the park. The Council is required by law to accept the final map unless they can site deficiencies in the final documents. Following acceptance of the map by the City, the City Engineer shall deliver the final map to the Fresno County Recorder's office.  submitted to the City.  The Mayor opened the discussion for public comments on the matter.    Ryan Bedrosian, Fowler resident, said it would be a good addition to the City.  Councilmember Kazarian made a motion to approve Resolution No. 2486, "A Resolution of the City Council of the City of Fowler Approving Final Tract Map No. 6274 and Accepting Street Dedication and Easements as amended; seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes: Kazarian, Rodriquez, Mejia, Parra, Cardenas. Noes: None. Abstain:  None. Absent: None. CITY MANAGER'S REPORT COVID-19 Update  City Manager Davis said the City applied for a Local Early Action Planning (LEAP) grant. LEAP provides one-time grant funding to cities and counties to update theiri incentives, resources, and accountability to meet housing goals. The City was awarded $65,000 which will be used to assist She said a pre-construction meeting for the Main Street project is scheduled to take place on City Manager Davis said she was unable to get this week's COVID updates, but as of December 28"h the City is currently at 508 total cases, 117 close contacts, 229 community spread, 6 travels, Ms. Davis said Interim Finance Director Sanchez and Temporary Accountant Lisa Sherman submitted an application to Fresno County 011 the CARES Act funding allocation and the City was  with the General Plan update.  Thursday, January 7th at 10:00 a.m. at the City Council Chambers.  and 28 are under investigation.  awarded $112,000 by the Fresno County Board of Supervisors.  PUBLIC WORKS REPORT during these current events. FINANCE DIRECTOR'S REPORT  Public Works Director Dominquez commended this staff for all their hard work and dedication  City Manager Davis said the Finance Department is working on getting the 2019 audit and budget  completed.  POLICE DEPARTMENT REPORT  No report was given.  FIRE DEPARTMENT REPORT  Fire ChiefLopez provided the monthly calls stats for the month of October and November 2020. Inl November there were 812 event calls, there has been an increase ini medical calls due to  COVID. Council.  He said he will be having training for his staff and will provide the 2021 training schedule to the    CITY ATTORNEY'S REPORT  City Attorney Cross said that he will be conducting a workshop on the changes to the Brown Act  at a future meeting. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - January 5, 2021; B) Approve Minutes oft the City Council Special Meetings - December 8, 2020 and December 15, 2020 Councilmember Parra pulled Item A and recused himself due to not being present in person and Councilmember Kazarian made a motion to approve Item B of the consent calendar, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Cardenas, Mayor Pro Tem Rodriquez made a motion to approve Item A oft the consent calendar, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Rodriquez, Mejia, Cardenas,  not having a copy oft the warrants in hand.  Mejia, Rodriquez. Noes: None. Abstain: None. Absent: None.  Kazarian. Noes: None. Abstain: Parra. Absent: None.  COMMITTEE REPORTS Board/Committe: Assignments  Mayor Cardenas confirmed Council assignments to various committee and boards:  Fresno County Council of Governments (COG). Highway 99 Beautification Committee. S.K.F. Sanitation District. Consolidated Mosquito Abatement District.. Five Cities Economic Development Authority. Southeast Regional Solid Waste Commission. Fowler Recreation Commission Friends oft the Fowler Library  David Cardenas - alternate: Dan Parra Mark Rodriquez - alternate: Juan Mejia David Cardenas - alternate: Dan Parra Karnig Kazarian - alternate: Mark Rodriquez Mark Rodriquez = alternate: Dan Parra  David Cardenas  Juan Mejia Juan Mejia Karnig Kazarian  San Joaquin Valley Air Pollution Control District Special City Selection  Committee. Finance Committee.  Mark Rodriquez alternate: Karnig Kazarian  South Kings Ground Water Sustainability yAgency Reappointment of Planning Commissioners  Dan Parra and Karnig Kazarian  Mayor Cardenas recommended reappointment of Craig Mellon and Kevin Kandarian to another term on the Planning Commission, as their terms expired on December 31, 2020. Councilmember Mejia made a motion, seconded by Mayor Pro-Tem Rodriquez, to re-appoint Craig Mellon and Kevin Kandarian to a new term on the Planning Commission. The Motion carried by roll call vote: Ayes: Mejia, Rodriquez, Cardenas, Kazarian, Parra. Noes: None. Abstain: None. Absent: None.    Mayor Cardenas said it was brought to his attention that the neon letters on the FOWLER sign at the intersection of Golden State Boulevard and Merced Street are out. Fire Chief Lopez said it's been a constant issue with the cold weather affecting the lighting of the sign. A discussion took Councimember Kazarian attended a South Kings GSA meeting; they are in the process of trying tor move forward with aj project that would qualify for a grant for the Kings sub-basin.  place to get the sign fixed.  CLOSED SESSION  Mayor Cardenas adjourned the meeting to a closed session at 8:03 p.m. to discuss pursuant to Government Code Section 54956.9(d)(1)c conference with Legal Counsel - existing litigation City of Fowler V. David Elias, Fresno County Superior Court Case No. 19CECG04298 and Government Code Section 54956.8 conference with Real Property Negotiators, Property: 131 N. 6'hs Street (Christian Church) Agency Negotiators Jeannie Davis, City Manager. Negotiating Party: The meeting reconvened to open session at 8:37 p.m. with no reportable action taken. Direction  Prodigy Health Care under Negotiation: Price and terms.  was given to staff. ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Mayor Pro- Tem Rodriquez to adjourn. The motion carried and the meeting adjourned at 8:37 p.m.    MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING JANUARY 12,2021  Mayor Cardenas called the meeting to order at 6:04 p.I m. Roll call was taken.  Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia and Parra (via teleconference)  City Staff Present:  City Manager Davis, City Attorney Wolfe, Avery Associates Paul  Kimura  PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  The meeting adjourned to a closed session at 6:05 p.m.:  Pursuant to Government Code Section 54957 - Public Employee Appointment /  Employment - Title: City Manager  The meeting reconvened to open session at 7:11 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 7:11 p.m.    MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING JANUARY 26, 2021  Mayor Cardenas called the meeting to order at 12:39 p. m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, Parra  City Staff Present:  City Manager Davis, City Attorney Cross, Paul Kimura, Avery  Associates  PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  The meeting adjourned to a closed session at 12:40 p.m.:  Pursuant to Government Code Section 54957 - Public Employee Appointment /  Employment - Title: City Manager  The meeting reconvened to open session at 4:21 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Mayor Pro- Tem Rodriquez to adjourn. The motion carried and the meeting adjourned at 4:21 p.m.    ITEM  7C -  1908  TO: FROM:  Fowler City Council Jeannie Davis, City Manager Scott Cross, City Attorney  SUBJECT: Declare Property as Surplus Property  A) Adopt Resolution No. 2487 Declaring Real Property Located at 131 North 6th Street to be Surplus Property and Directing the City Manager to Send Notices of Availability Pursuant to Government Code section 54220, etseq.  DATE:  January 19, 2021  ATTACHMENTS: Resolution No. 2487 Map of Property RECOMMENDATION  For the City Council to adopt Resolution No. 248/AReolutionoftieFowlerCiyCounil Declaring Real Property Located at 131 North 6th Street to be Surplus Property and Directing the City Manager to Send NoticesofAvalabilily, Pursuantt to GovernmentCode  section 54220, et seq. DISCUSSION  The City hasl been approached about selling or leasing the former. Fowler Christian Church property located at131 North 6th Street(Property". The City purchased thel Property in 2016. Pursuant to Government Code section 54220 et seq., the City is required to take formal action in a regular public meeting declaring that thel Property is surplus and is not necessary for the City'su use before disposing thel Property by sale orl lease. This resolution makes that declaration and directs the City Manager to take other actions required for the  City to be able to dispose of thel Property.    Following approval oft thisr resolution, thenextstep, requiredl by Government Code section 54222, is to send a written notice to certain governmental and non-governmental. entities that the Property is available. Legislative changes effective January 1,2020, expanded the list of entities that must receive notice, but Section 54222 still requires notices tol be sent to designated entities for purposes of low- or moderate-income housing, parks/open space, school use, and infill development. Any entity receivingr notice from the City has 60 days tor notify the City in writing of its interest in acquiring the Property. If the City receives noticeofinterest, the City is then required to negotiate with theinterested 6 entity foratleast Ifno interested entity responds to the City'snotice within 60 days, or ifno agreement is reached with an interested entity after the required negotiation period, the City is free to sell or lease the Property however and to whomeverit chooses. Any proposed sale orl lease agreement for the Property will have to be approved by the City Council.  90 days.  REASONS FOR RECOMMENDATION  The Property isnotneeded by the City, the existing structureisinasubstandardcondition, and the City has no other immediate need or use for the Property. The City has been approached about selling or leasing thel Property. Adopting this resolution to declare the Property to be surplus property and sending the required notices of availability are  prerequisites before the Property can be sold or leased to anyone.  ACTIONS FOLLOWING APPROVAL  The City Manager will send noticesofavailablity toi those entities required byG Government Code section 54222. The Council will be kept informed of any response from interested  entities and negotiations that may occur.  2    RESOLUTION NO. 2487  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER DECLARING REAL PROPERTY LOCATED AT 131 NORTH 6TH STREETTOE BE SURPLUS PROPERTY AND DIRECTING THE CITY MANAGER TO SEND NOTICES OF AVAILABILITY PURSUANT TO GOVERNMENT CODE SECTION 54220, ET SEQ. WHEREAS, the City of Fowler ("City") owns that certain real property located at 131 North 6th Street in the City of Fowler, County of Fresno, APN 343-142-14 ("Property"), which is  the former Fowler Christian Church; and  WHEREAS, the Property is not needed by the City, the existing structure is in a substandard condition, and the City has no otheri immediate need or use for the Property; and WHEREAS, pursuant to Government Code section 54220 et seq., the City desires to declare the Property to be surplus and satisfy the necessary steps sO that the Property may be  disposed by sale or lease; and  WHEREAS, following a declaration of surplus property the City is required to send notice of availability of the surplus property to designated entities as required by Government Code  section 54222; and  WHEREAS, it is in the best interests of the City to declare the Property to be surplus property pursuant to Government Code section 54221 and to begin the process to potentially NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES 1. The City Council finds that the Property is not necessary for the City's use and hereby declares the Property tol be surplus property pursuant to Government Code section 54221. The City Manager or designee is directed to prepare and send notices of availability in accordance with Government Code section 54222 to those entities identified in that section. 3. The City Manager or designee is authorized to take such other action and send such other notices as may be required or authorized by law, including but not limited to Government Code section 54220 et seq., which are necessary to satisfy any requirements sO that the Property may  dispose of the Property in accordance with applicable law.  AS FOLLOWS:  2.  subsequently be disposed ofby sale or lease to be approved by the City Council.  The foregoing resolution oft the City ofF Fowler was duly and regularly adopted by the City Council oft the City of Fowler at a regular meeting held on January 19, 2021, by the following vote:  1    AYES: NAYS: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  ile:lll-wdocsl00250256RES.00841201.DOCX  2    City Council Report January 19, 2021 ITEM  Code Enforcement Costs Assessment Resolution  7D  1908  TO: FROM:  Fowler City Council Wiley R. Driskill Deputy City Attorney  SUBJECT: Resolution No. 2488, a Resolution of the Fowler City Council Confirming  Assessment for Costs for AbatementofNuisance, 403 South 5th Street, Fowler,CA,  APN No: 343-253-09. January 19, 2021  DATE:  ATTACHMENTS:  Exhibit "A":. Abatement and Cost Recovery Agreement Exhibit "C". Abatement Cost Accounting Report  Exhibit "B": Resolution No. 2488  RECOMMENDATION  For the City Council to adopt Resolution No. 21-2488, a Resolution of the Fowler City Council Confirming Assessment for Costs for ADatementofNuisanc. 403 South 5th Street,  Fowler, CA, APN No: 343-253-09. EXECUTIVE SUMMARY  The City incurred costs of Fifteen Thousand Three Hundred Twenty Nine Dollars and Thirty Two Cents ($15,329.32) related to the demolition and removal ofa derelict structure located at 403 South 5th Street ("Property"). Thel Property owner, Joel Najarian, wasi invoiced by the City for these costs on December: 14, 2020. Pursuant to. Fowlerl Municipal Code$5- 23.104, Mr. Najarian had thirty (30) days from the date of thei invoice to pay these costs in full. To date, no payment has been made in any amount, nor has thej property owner, or any representative thereof, appealed the invoice under section 5-23.105 of thel Municipal  Code.  Code Enforcement Costs Recovery Resolution  Page 1of3    At this time the City is entitled to recover its abatement and enforcement costs from Mr. Najarian and the Property. Resolution No. 21-2488 will confirm these costs as an assessment and regular lien against the Propertyifnotpaid within 15 daysoftheapproval  of the Resolution. BACKGROUND  InJ January 2017,thes single-family residence on thel Propertyexperienced a severes structure fire. While the frame of the building remained upright and most of the roof remained On January 19,2 2017, the City's Building Official and Code Enforcement Officer Nolasco Baxa notified Mr. Najarian that the burned-out structure on the Property was unsafe, dangerous, and considered a Pubiemnusancr'avoation oft thel FowlerMunidpalCode. TheNotice compelled Mr. Najarian to abate thenuisanceby demolitionand. removald ofthe burned structure within thirty (30) days, and that failure to comply could result in fines Mr. Najarian failed to take any action within the thirty-day deadline, sO he was noticed Code EnforcementOficer Baxa sent Mr. Napriananothernotice oft thec continued nuisance and his failure to abate, along with a second administrative citation, on March 20, 2017. Finally, on September 21, 2017, Officer Baxa sent Mr. Najarian a final notice to abate the nuisance conditions on the Property by demolition of the burned structure within (30) days, or the City would demolish the structure by its own means and assess the costs against the Property, pursuant to Municipal Code section 5-23.103. This notice also informed Mr. Najarian ofhis right to file an administrative appeal, pursuant tol Municipal Code section 5-22.104. He never filed an appeal of any of the City's Notices of Nuisance On October 23, 2017, Mr. Najarian (through his attorney) requested a ninety (90) day extension of time to abate the nuisance property by demolition. The City granted this extension by letter dated November 1, 2017. However, at no time during the ninety day extension period did Mr. Najarian make any efforts to abate the nuisance structure on the Property. Accordingly, he was notified by letter dated February 1, 2018 that the City Eventually, in or about April 2018, the City and Mr. Najarian came to an agreement by which he would voluntarily allow the City to enter onto the property and demolish the burned structure through City contractors (thereby avoiding the need for a judicial abatement warrant). In exchange, Mr. Najarian expressly agreed to be responsible forall  intact, the property was in all other respects severely damaged.  and liens against the Property.  again on February 27, 2017 and issued an administrative citation.  and demands to abate.  would now proceed with the abatement through its own means.  Code Enforcement Costs Assessment Resolution  Page 2of3    abatement costs the City incurred, and thatsuch costs would be assessable as a lien on the Property, unless otherwise paid in full. (A copy of this Agreement is attached as Exhibit The City's contractor performed the demolition on or about December 19, 2018. Mr. Najarian wasi invoiced for the City's abatemento costs on Decemberl4,2020and. given thirty (30) days toj payi in full or the costs would be assessed as a lien on thej property. Todate, he  "A".)  has neither paid any of the costs, nor appealed the cost invoice.  PROPOSAL AND ANALYSIS  Pursuant to the City's Cost Recovery Ordinance (Chapter 5-23 of the Fowler Municipal Code), upon the Council's confirmation of the amount of the assessment, after notice is given to the owner (or legal epresemtativsofhis/he: estate)and] holdersofany mortgage or deed of trust, the City may record a notice of lien in the office of the County Recorder, creating al lien on the Property whichmay! be enforced eitherb by collection with the County Notice was provided to Mr. Najarian by letter on December 14, 2020. This notice and the  property taxes, or by foreclosure.  proposed notice of lien are attached as exhibits to the Draft Resolution.  FISCAL IMPACT  The City will collect Fifteen Thousand Three Hundred Twenty Nine Dollars and Thirty Two Cents ($15,329.32) either upon sale of the property or as part of the taxes collected  from thel Property.  REASONS FOR RECOMMENDATION  The City incurred substantial expenses in abating ai nuisance at the Property andi isentitled to recover those costs from Mr. Najarian, or as an assessment and regular lien against the  Property.  ACTIONS FOLLOWING APPROVAL  Ifafter 15 days following the passage of the resolution, Mr. Najarian has not paid the amount owed, the City will record the Notice of Lien with the County Recorder.  Prepared by: Submitted by:  Wiley R. Driskill, Deputy City Attorney  Nolasco Baxa, Building Inspector/Code Enforcement Officer  Code Enforcement Costs Assessment Resolution  Page 3 of3    EXHIIBIT "A"    05-01-'18 14:43 FROM- Shepard & Shepard  +559-896-0317  T-569 P0002/0002 F-132  CONSENTI FOR ENTRY ONTO PROPERTY  Address: 403 S. 5th street, Fowler, CA 93625  APN: ("Property").  343-253-09  LIOENAJARIAN, am the owner of the property located at 403S. Sth street, Fowler, ÇA 93625 Ireceived the City of Fowler's ("City"). January 19, 2017 and September 21, 2017 Notices of Dangerous Building Order to Demolish or Repair ("Order"). Those Orders required that I On October 23, 2017,I requested, and the City granted, a ninety (90) day extension of time to perfom the ordered domolition.. To date, I have not taken the necessary steps to repair or demolish the building and the City is seeking consent to demolish the building through its own agents. As part of the domolition, thc City requires a throe-step process which includes: an inspection of the Property for bazardous materials, including lead and asbestos; an inspection to obtain bids for the cost of demolition; and entry for the actual demolition oft the building. Ihereby authorize the City and its employees, agents, and contraotors, to enter the Property to conduct the inspections. Ifurther authorize the City, once the inspections have been. completed to enter the Property and to demolish the building and structures located on the Property; the abatement and enforcement costs related to the demolition to be placed as a special assossment or lien on the Property, pursuant to Fowler Municipal Code section 5-23.109, unless otherwise The City agrees to provide me with at least 48 hours' notice before entering the building by contacting me or my attorney, Jeff S. Shepard. This authorization will be valid for a period of  demolish or repair the building located at the Property.  paid in full.  six months from March 1, 2018 until September 1,2018.  Dated: Mnyl - 2018 ls  APPROVED ASTOF FORM:  Jeff S. pard Attornes fpA. Joe Najarko  1  sawpspingsyuTRee    EXHIBIT "B"    RESOLUTION NO. 2488  RESOLUTION BEFORE THE CITY COUNCIL OF THE CITY OF FOWLER,  COUNTY OF FRESNO, STATE OF CALIFORNIA  RESOLUTION CONFIRMING ASSESSMENTS FOR NUISANCE ABATEMENT COSTS FOR VIOLATIONS FOR PROPERTY RELATED TO A PUBLIC NUISANCE AS PROVIDED WITHIN SECTION 5, CHAPTER 23 OF THE FOWLER MUNICIPAL CODE; 403 SOUTH 5TH STREET, FOWLER, CA, APN No: 343-253-09. WHEREAS, the City found: numerous violations of Fowlerl Municipal Code (FMC) sections 5-16.02; 8-9.01 and 8-11.02 (Property Related Nuisances), at 403 South 5th Street,  Fowler, CA'Property:and  WHEREAS, thel Property owner failed to take any measures to abate the property nuisances after being served with multiple Notices to Abate, and multipleadministrative  citations; and  WHEREAS, the City was eventually forced to abate the nuisance Property by WHEREAS, the City incurred abatement costs totaling $15,329.32 in order to abate WHEREAS, on December 14, 2020, the City provided noticel by Letter ("Notice") to the Property owner of hisi responsibility for payment of the City's abatement costs, and of his right to appeal these costs (a copy of the Notice is attached hereto as Exhibit 1); and  demolition, through use of its own agents in December 2018; and  the Property by demolition; and  WHEREAS, the Propertyo ownerhasi not filed any appeal oft thea abatement costs, nor WHEREAS, the City scheduled January 19, 2021 as the time for the Council to consider: and confirm the amount of the abatement costs as an sesmentcAsesmene?  paid any of these costs; and  and  WHEREAS, the City provided notice by letter to the owner of the Property (Joe Najarian) at least 15 days before the date of the Councl'sconsideration of the assessment  (see, Exhibit 1); and  WHEREAS, thel Notice informed the owner that the Council would be considering  the. Assessment during the Council's January 19, 2021 Council meeting.    NOW THEREFORE, BE ITI RESOLVEDI by the Council as follows: Confirms the amount of the abatement costs ($15,329.32).  1. 2.  Authorizes the filing ofl Notice of Lien on thel Property in thel Fresno County  Recorder's Office which shall become a special assessment against thel Property, and may beadded tot thei next regulart tax bills levied against the. Property,and collected att thes same time and in thes same manner as the County collects] property taxes. TheNoticeoflienshall  be in substantially the form attached hereto as Exhibit2.  3.  Authorizes the Cityl Manager andl her designee(s) tot take whatever: actionsare  necessary and appropriate to perfect the recording of the Notice of Lien and collect the amounts due under the Assessment, which may include, but are not limited to ensuring that the Costs are added to the next regular tax bills and collected with property taxes, or byj judicial foreclosure or other sale, or any other means provided by law.  4.  Nothing ini this Resolution ori in the filing of thel NoticeofLien: shall preclude  the City from collecting the Costs in any other lawful manner, including collecting the The foregoing resolution was introduced and adopted at a regular meeting of the Council oft the City of Fowler held on the 19th day of] January, 2021, by the following vote to wit:  Assessment as a debt against the responsible owner.  APPROVED:  2021  David Cardenas, Mayor  Jeannie Davis, Cityl Manager/City Clerk    EXHIBIT - 1    LS'Lozano Smith  ATTORNEYS AT LAW  Wiley! R. Driskill Attomey atI Law December 14, 2020 Via U.S. Mail Joel Najarian 407 S. 5th Street Fowler, CA 93625  E-mail: arsillgloramomith.com  RE: Property located at 403 S.5 Sth Street, Fowler 91625:APN#34:251-09 Invoice and Notice of City Council Meeting to Confirm Code Enforcement and Abatement Costs and Place an Assessment Lien on Property  Invoice. Amount: $15,329.32  Dear Mr. Najarian:  As you are aware, the City of Fowler has responded to, and abated, a public nuisance at the property described above. In accordance with Sections 5-21.101, sub. (a)-(c),(,(), 5-21.202, 5- 21.203, and 5-21.301, sub. (b)-(c), as well as 8-9.01 of the Fowler Municipal Code, as the property owner or other responsible party, and pursuant to the parties' May 1,2018 "Consent for Entry" agreement, you are responsible for the City's abatement and enforcement costs in The Costs to date amount to at total of$15,329.32 as detailed in the enclosed invoices. If you fail toj pay these costs within thirty (30) days from the date oft this Invoice, the costs may be collected in any or all of the following ways: by a collection agency as a personal obligation, by the City Attorney's office through judicial action, or as a special assessment and lien attached to the You have a right to administrative review oft the accounting of the costs incurred by the City by filing a written request for such review with the City Clerk within fifteen (15) days oft the date of this Invoice. One administrative hearing will be scheduled, with the only subject for consideration being the actual amount of costs. The City's right to cost recovery, or the underlying basis for the abatement action, are not subject to review. A failure to request administrative review will be deemed a waiver ofai right to: review oft the amount of the costs. Before a special assessment is placed on the subject property, the costs will be confirmed by the City Council. This special assessment will be considered by the City Council at the January 19, 2021 meeting. If the costs are not paid by January 15,2021, the City Council will consider approval of a resolution confirming the Costs and authorizing the filing of a Notice of Lien on the Property in the Fresno County Recorder's Office which shall become a special assessment  responding to the nuisance ("Response Costs").  subject property.    Joe Najarian December 14, 2020 Page 2  against the Property, added to the next regular tax bills levied against the Property, and collected You have a right to appear at the January 19, 2021 meeting and present objections to the accounting. The basis for the code enforcement action will not be the subject of the Council's The filing of al Notice of Lien will not relieve the responsible parties from paying the Costs and If you plan to attend and present documentary evidence to the City Council, please present that evidence to the City Clerk before 12:00 p.m. on the Wednesday before the Council meeting (January 14, 2021)i in order for that information tol be timely considered by the City Council. This Invoice may be recorded as al Notice of Costs or Penalties in the Fresno County Recorder's This Invoice is separate and independent of any other notices you may have received relating to  in the same manner as the County collects property taxes.  consideration.  the Costs will remain a debt oft the responsible parties until paid.  Office.  abatement ofar nuisance on the property, Payment should be made as follows:  City ofFowler 128 S. 5th Street Fowler, CA 93625 Attn. City Clerk  Ifyoul have any questions or concerns, you may contact me at (559)431-5600.  Sincerely, LOZANOSMITH  MMEN Wiley R. Driskill Assistant City Attorney For City ofFowler  cc: Jeffs. Shepard, Attorney for Joel Najarian [Via Facsimile (559) 896-0317 and U.S. Mail)  Scott G. Cross, City Attorney Jeannie Davis, City Manager  Nolasco Baxa, Building Inspector/Code Enforcement Officer  Enclosures Mlwdo-si00250041V-90818993DOC    CITY OF FOWLER COST FOR ABATINGPUBLIC NUISANCE  Property Address: 403 S. 5th Street  Fowler, CA 93625 343-253-09 Joe Najarian  APN: Owner: ITEMS: 1-800-Boardup Lee Crippen Demolition City Time: Attached Citation: Fine Demolition Permit  DESCRIPTION  AMOUNT $2,694.91 $8,000.00 $1,187.36 $3,000.00 $447.05  TOTAL: $15,329.32    6f o0 0f 00 d0 d0 C  :  TT.EA.5 11 6    A  MIPIKALArxSN: CONTRACT  This Contract made Thursday, May 10, 2018 between Gty of Fowler here referred to as ("CITY"), and Lee Crippen Demolltion, of 425 S. Rollnda Fresno, Ca 93706 - Fresno County, here referred to as Lee Crippen Demolition hereby agrees to provide all labor materials, equipment, dumping, and fees to do all of the things necessary for the proper removal of debris and trash from property located at 403S. Fifth St Fowler CA. Contractor agrees to perform these services for Cty under the terms, and conditions  ("Contractor").  set forth in this contract. AGREEMENT: work:  1. DESCRIPTION OF WORK. Contractor will furnish all neoessary management, supervision, labor, materials, tools, supplies, equipment, transportation, and any other needed items for the following  SCOPE OF WORK:  1. Demolish &1 Remove burned house and detached garage 2. Remove concrete footings & walkways. 3. Remove: smail trees and shrubi within property lines 1. Hazardous waste material & testing 2. Soil8 & Compaction testing 3. Unforeseen! buried Items  EXCLUSIONS:  The scope of work will include dumping and all actions necessary for the proper removal of debris and trash from property located at 403 S. Fifth St Fowler CA. Property lines shalll bec designated by thes substantial marks, by City. All materials produced (e.g., debris, scrap) as a result of the work of Contractor will become property of the Contractor who may sell or dispose of at Is discretion, Contractor shall remove all rubbish and materlal from the premises as discussed with Clty at the completion of the  work and willl leave the premises clean and in good condition.  2. DURATION. Contractor shall commence the Work on specified date after directed by City and complete the Work by at ume agreed to: as directed by Lee Grippen Demolition ard  as  shall otherwise prosecube the Work in a prompt and diligent manner.  3, PAYMENT FOR: SERVICES. City will pay Contractor for performance oft the work the SUM of  $8,000 This sum will Include any fees needed for dumping of any removed materials,  425S. Rolinda- Fresno. Ca93706- Office: (559)4 485-0188. - Fax: (559) 485-8150    1  fimmaurlaax*3e  4. CHANGES TO SCOPE OF WORK. Any alteration or deviation from the: scope of works set forth in Paragraph 1 Involving extra cost of material or labor will become an extra charge over thes sum set forth int this Agreement. All change orders must ber made in writing and agreed to before work willl be 5. FORCE MAJEURE. Contractor shall not be lable for any damage to City fora a delay which may be caused by reason or on account of any strike of workmanship, an Act of God, unavoldable accidents, inability to: secure materials or to used materials In performance of work by reason of laws or regulations of the Unlted States of America or the State of California, or any other circumstance beyond its control. No such delay shall be deemed a default on the part of Contractor and Int the event ofa any such delay, Contractor's time lmit for performance of the work: shall be correspondingly extended.  performed.  6.1 INSURANCE. Contractor carrles public Hablity and property damage Insurance. In an amount 7.ATTORNEYS FEES. If any party shall bring any action against the other party under this Agreement, the prevailing party in such action shall be entitled to judgment for reasonable attomey's fees and costs to be fbed byt the court, Induding, without limitation, the costs of collection of any  of no less than $1,000,000, and agrees to name City additional insured.  judgment awarded by the court. 8. MISCELLANEOUS.  Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Callfomla. If action is brought It shall be In the County Of Fresno b. Successor and Assigns. This Agreement shall inure to the benefit of and shall be binding Authority. Each individual executing this Agreement on behalf of a corporation or other entity represents and warranbs that he is duly authorized to execute and deliver this Agreement on behalf of sald corporation or entity and that this Agreement is binding upon IN WITNESS WHEREOF the parties hereto have executed this Agreement in duplicate on the day  upon the partles hereto their successors and assigns. sald corporation or entityi in accordance with ks terms.  and year first above-written. Lee Crippen Demolition "Contractor" 425 S. Rolinda Ave Fresno CA, 93706 Signature: A  City of Fowler- "City" Jeanie Davis- City Manager -fibi  425S. Rolindu Fresio, Ca93706- Office: (559)4 485-0188 Fax: (559)485-8150    Lee Cyippen Demolition 425 S Rolinda Fresno, CA 93706 C-StpcAiNcmN INVOICE BILLTO City OIFowler  INVOICE# 972 DATE 12/19/2018 TERMS Due on recelpt  DATE 12/19/2018 DEMO  ACTIVITY  DESCRIPTION Demolish & Remove house located at 403 S.5 5th SLF Fowler  OTY RATE 1 8,000.00  AMOUNT 8,000.00  BALANCE DUE  $8,000.00    N BAY  TIMAE:  019/7.. H. FERpE LETER FPRBLIC MPISARCE  02/27/7  K HR K HR  SECOP HoTIcE. ! PINE fuf) TMED MopcE wl FINE (Rio)  ogjp Iii/7  I  HR.  oncEp ABATE FReperrYw! FE LETEF s OMHERS LAWYER GET PPeposAL FRept PE  (# looo  K WK. Ik HR. 1 Hg. 1% HR.  Dz/2818 03/ae/8 osbaje 4  FoR. PEmo. FoR PEMO  ETPPeposAL FPH LEEGPPPEN GET PROpoSAL FPOM.D.  FoR PEMO Hopa! GTT  3  NR.  ATPFOR..  THE PPEPAPApeW F. AFEIPANIT 47 SUPpoR oF AFFLICATRON FR-A ABPAMAPPAT EXECTLo oF CeNPACT  as/ols  M HPS.  FoR PEMo.  wz8/s  4  HRS.  COGDIAATE w/ PGGE 1 PISCONPECT SEPMICES    M288  N HES.  MAKE OF Hogic-E oF PEHDNG CopE EMFRCEACTeN FoR.  PECep-DATON  Iz/z/is  AS MIM.  LETTER. Fop oppicaio T OWPER FoR PEMO SCHEDULE OH 12/17/8.  oille  N - Hr6.  ASPECTION oF BUPNED HoUGENa! THE FIRE CHIEF  22,25 HRS. X39 $ - 4AR. 87799    COFIHA TME:  01/19/7,  HR. PPEPARATON DF LETTER  AMD MAAIL TO PoST OFFICE L! RETPN CAPP. MAIL-To RO. MalL 7o PO.  oEk77 0z/20/1 09/21/7  HR. HF HR  MARE. LETR GECOHD Hopice) MAKE LET-R GAgD Hopicr, MAE LETER 1 ARATE  I  PROPERTT AHD MALL To FO LEEE To. OWHERIS LAWSE AHD MAIL 7o PO  lo/oi/7  1  HE.  0 HEs. x C41Eh - 2ces    MANOE  LopEz  ovpa/ee  ZHS.  INepECTION OF BUPAED HOuGE ! THE 3LIPIG INSPECpR  N HRG % 56/R. 0332    908  lanuary19,2017 Joe Najarlan 4075.5"St. Fowler, Ca 93625  Subject: Burn Building 4035.5"St. Fowler, Ca 93625  Dear Mr. Najarian,  This Is to inform yout that your property located at 4035. 5th St. in Fowler, Ca 93625 (APN343-253-09)is Inv violation of the city Code 5-16.02 and Building Code as adopted by the city of Fowler. Please be advised that the building is declared to be unsafe, dangerous and considered a "Public Nulsance" as determined by the Building Officlal and therefore shall be abated by removal or Prior to the demolition of the building, a Demolition Permit Release Formi is required and can be obtained at San. Joaquin' Valley Air Pollution District. The central region office is located at: 1990 East In the event the demo permit is issued by the district, then a copy of the permit shall be submltted to Bel Informed too, thati installation of temporary fence is required to secure the property. The building department is giving your within 72 hours to secure the property and 30 days to comply for the demolition. Failure to comply could result inf formal action, including fines and liens againstsaid property. Ify you can'tcorrect the Public Nuisance within the given period oftime, please cali the bulding  demolition,  Gettysburg Ave. in Fresno, telephone number (559)230-6000. our office prior to Issuance of demolition permit from the city.  department for additional time and/or extension.  128 Suuth. Fifth Strect e Fovler, CA 93625 + Voice: 559-834-3118 * Fax: 559-834-0185    Ifyoul have any question and need additional Information, please do not hesilate to call me at (559)834-  3113 ext.1 119. Sincerely, Moay Nolasco D.Baxa  BuldingOficla/Code Enforcement Officer    February27,2017 Joe Najarian 4075.5"St. Fowler, Ca 93625 Subject: Burned Bullding 403S.5"St. Fowler, Ca93625 Dear Mr. Najarian,  Please be informed that you were contacted several times as a follow up on the letter dated. January 19 2017 that was sent to you concerning thei installation ofa at temporary fence andt the demolition oft the burned building on your property located: at 4035.5"St. In Fowler. At present time the city did not see The city! had given you, 30 days lo demolish/femove and abate the' "Public Nuisance" but you failed to comply. You didn't even call or contact our office about your plans and/or ask fora additional time or As you know the property is unsafe, dangerous andi itisa a' "Public Nuisance" therefore the city will now Ify you! have any question and need additional Information, please do not hesitate to call me at (559) 834-  any fence installed and cleaning activity done on: said property. extension for the removal of said' "Public Nuisance".  initiate at formal action Including fines and liens against sald property.  3113 ext. 119 Sincerely, ABaD -Nolasco D. Baxa  BuldingOficial/Code Enforcement Officer  128 Soutk. Fifth Street + Fowler, CA 9:3625 * Voica: 559-834-3113 e Fax: 559-834-0185    CABE Citation No. 3265  CITY OFFOWLER MUNICIPAL ÇODE VIOLATIONS D19T CIATION 3 Q4THCATON: 4500 OSTHA AND SUSSGUINT CITATIONE 8100 OFFENBESI DEEMEDI INFRACTIONS DOON $50g DAGALE FREMORKSSIA0A ROTHAR 62127 173:30 Aua. NAMFRRET OEFAST oE NAARIAN 403 VATONIOED 3.5n S FOWLEE a qai BUSENESSA ADDHEBS 0551 FOWIER,CB, MATENGADORESS DRMERSLRSAENA HAR VEMLEUOENEET Na VBAR WGE  OMAGRUEKEE MINCAALO OODELGONON VOAE 5-K.Dza) B-3.0! B-1.0E8-02  ADMINISTRATIVE CTATION aaNo arTIONStO  DWARNING OaRD OITATIONSRDD ODWAANING  EULDING ORE BAFETY CODE 91,000  XAMEABA ABOVE DOTHOR GKT welem u OPBANT MEMTYPA OBEADASOVE  sure OADS VE  Bo0r  COLOR  VIDLATOND OGAORIPTON  AHA a56 ouL  (See reyene side for paymenti instruations.) Oooctions laficledbolow requsedby a- 06-17ryai lb makot tha indicstad conecions by.his date, fhe nadl layd of citation may bo PEMOH AMp CA BEH  fasued. Corrections Required: STRCTURE ORRAY EUOFhICBA 0p DENTINT BuLPyNE aN  BSUKOEDE ozk7/17 POENINGE ESeM-R3xH  suudQd 2224166 Wfservlce by mall only sed Certyiad Pint Clas Ma READ REVERBE SIDE FORI IMPORTANT INFORMATION FNANCE/ACCOUNTS RECEMABLE-OOPY  POPMSURLMITED  1837    EXHIBIT 2    Recording requested by: The City of Fowler WHEN RECORDED MAIL TO: LOZANO SMITH Attn: Wiley R. Driskill 7404) N. Spalding Avenue Fresno, California 93720-3370 GOVERNMENT CODE $38773.5(e)  SPACE ABOVE1 THIS LINE FORI RECORDER'S USE  NOTICE OF LIEN APN343-253-09 Property Owner: Joe Najarian (Claim of the City ofFowler)  403 SOUTH 5TH STREET, FOWLER, CALIFORNIA  Under the authority vested by the provisions of Chapter 5-23 of Title 5 of the Fowler Municipal Code, the City Council of the City of Fowler did on the 19th day of. January 2021, confirm the costs of abatement on the real property hereinafter described; and the same has not been paid nor any part thereof and the City of Fowler does hereby claim al lien for such costs, to wit: the sum of $15,329.32 dollars. The same shall be a lien upon said real property until it has been paid in The real property hereinabove mentioned, and upon which al lien is claimed, is that certain parcel of land lying and being in the City of Fowler, County of Fresno, State of California, and more  full and discharged ofrecord.  particularly described as follows: 403 South 5th Street Fowler, California APN No. 343-253-09 DATED:  2021  JEANNIE DAVIS CITYMANAGERCITY CLERK CITY OF FOWLER 128S.5TH: STREET, FOWLER, CA 93625 (559)834-3113  [NOTARY ACKNOWLEDGMENT ATTACHED]    NOTARY ACKNOWLEDGMENT  An notary public or other officer completing this certificate verifies only the identity oft the individual who signed the document to which this certificate is attached, and not the truthfulness,  accuracy, or validity of that document.  State of California County of On  ) before me,  (insert name and title oft the officer)  personally appeared JEANNIE DAVIS, who proved to me on the basis of satisfactory evidence tol be the person whose name iss subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Icertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.  Signature  (Seal)  wdoss.0025004llmon0841135.DOC    EXHIBIT "C"    CITY OF FOWLER COST FOR. ABATING PUBLIC NUISANCE  Property Address: 403 S. Sth Street  Fowler, CA 93625 343-253-09 Joel Najarian  APN: Owner: ITEMS: 1-800-Boardup Lee Crippen Demolition City Time: Attached Citation: Fine Demolition Permit  DESCRIPTION  AMOUNT $2,694.91 $8,000.00 $1,187.36 $3,000.00 $447.05  TOTAL: $15,329.32    ITEM  7E  STAFF REPORT  TO: FROM: DATE: CC:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: 2021 DEVELOPMENT AND PLANNING FEES  JANUARY14, 2021  JEANNIE DAVIS, CITY MANAGER  REQUESTED ACTION:  Adopt Resolution 2489 approving development and planning fees for calendar year  2021.  DISCUSSION/RECOMMENDATION:  The Municipal Code allows for development and planning fees to be increased annually based on the Engineering News Record (ENR) Construction Cost Index. The ENR construction cost index for 2021 is 2.1%. Staffhas developed proposed development and planning fees for 2020, increasing the 2020 fees by 2.1% to accommodate increased costs inj processing and mitigating impacts generated by proposed development projects.    RESOLUTION NO. 2489  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING  DEVELOPMENT AND PLANNING FEES FOR 2021  WHERAS, pursuant to Government Code Sections 66000 and 66014 et seq. the City is authorized to WHEREAS, pursuant to Ordinance No. 2000-06 and Resolution No. 1805 (adopted by the City Council on July 18, 2000), Ordinance No. 2002-09 and Resolution No. 1895 (adopted by the City Council on December 2, 2002), and Ordinance No. 2206 (adopted by the City Council on October 19, 2010), and the City adopted development impact after finding a reasonable relationship between each fees use and the type of development project on which the fee isi imposed and as to how there is ai reasonable relationship between the need for the public  impose development impact and planning fees on new development projects; and  facility and the type of development project on which the feei is imposed; and  WHEREAS, the development impact fee ordinances, as reflected in Section 3-8.06 of the Fowler Municipal Code, allow for an annual inflationary adjustment in the development impact fees to reflect increases in construction costs. The measure used is the National Average Construction Cost Index according to the Engineer  News Record; and  WHEREAS, Resolution No. 2206 allows for the Planning Fees to be increased at the same rate as the WHEREAS, such inflationary adjustments do not increase the basis of the development impact or planning fees and are therefore not considered increases in development impact or planning fees pursuant to Government WHEREAS, the planning fees shall not exceed the estimated reasonable cost of providing the service for  Development Impact Fees annually; and  Code section 66001; and  which the planning fees are charged pursuant to Government Code section 66014;and  WHEREAS, the inflationary index for 2021 is 2.1%; and  WHEREAS, the rates set forth in Exhibit A and Exhibit B reflect a 2.1%i inflationary adjustment. NOW THEREFORE, BEI IT RESOLVED, by the City Council oft the City of Fowler as follows: Approve the rates, fees and charges set forth in Exhibit A as the development impact fees and in Exhibit B PASSED AND ADOPTED by the City Council oft the City of Fowler at a regular meeting held on the 19th  1.  for the planning fees for the City of Fowler effective January 1,2021.  day of. January 2021 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  ATTEST  Mayor David Cardenas City ofl Fowler  Deputy City Clerk, Corina Burrola    ExhibitA City of Fowler Development Fees 2021 2020 2021 2021 Fee New Fees Increase Fees Dollars Percent Dollars $270.92 2.1% $276.60 $207.82 2.1% $212.18 $207.82 2.1% $212.18 $270.92 2.1% $276.60 $270.92 2.1% $276.60 $270.92 2.1% $276.60 $870.31 2.1% $888.59 $669.92 2.1% $683.98 $669.92 2.1% $683.98 $870.31 2.1% $888.59 $870.31 2.1% $888.59 $870.31 2.1% $888.59 $1,120.98 2.1% $1,144.52 $862.88 2.1% $881.00 $862.88 2.1% $881.00 $1,120.98 2.1% $1,144.52 $1,120.98 2.1% $1,144.52 $1,120.98 2.1% $1,144.52 $5,010.35 2.1% $5,115.57 $5,195.91 2.1% $5,305.02 $6,680.46 2.1% $6,820.75 $7,979.41 2.1% $8,146.97 $8,721.70 2.1% $8,904.85 $4,082.50 2.1% $4,168.23 $2,969.09 2.1% $3,031.44 $2,690.75 2.1% $2,747.25 $2,683.55 2.1% $2,739.91 $2,690.75 2.1% $2,747.25 $2,690.75 2.1% $2,747.25 $2,690.75 2.1% $2,747.25 $2,690.75 2.1% $2,747.25 $3,091.57 2.1% $3,156.50 $2,390.13 2.1% $2,440.32 $2,390.13 2.1% $2,440.32 $844.89 2.1% $862.63 $196.68 2.1% $200.81 $0.87 2.1% $0.89 $55.68 2.1% $56.85 $2,990.60 2.1% $3,053.40 $2,990.60 2.1% $3,053.40 $2,990.60 2.1% $3,053.40 $2,990.60 2.1% $3,053.40 $2,990.60 2.1% $3,053.40  Fee Category City Management and General Services Low Density Medium Density High Density Commercial Industrial Institution & Parks Law Enforcement Low Density Medium Density High Density Commercial Industrial Institution & Parks Fire Protection Low Density Medium Density High Density Commercial Industrial Institution &F Parks Storm Drainage Low Density Medium Density High Density Commercial Industrial Institution & Parks Golf Course Water Supply Low Density Medium Density High Density Commercial Industrial Institution &F Parks Recreational Facilities Low Density Medium Density High Density Water Connection Charges Residential Multi-Family Commercial /Industrial Miscellaneous Charges Residential Water Meter Construction Water Low Density Medium Density High Density Commercial Industrial  Units  Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars PerA Acre Dollars Per Acre Dollars Per Acre Dollars PerA Acre Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Square Foot Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit  $523.57 2.1% $534.56 Dollars Per Equivalent Unit-asofs/28/02)  Wastewater Interceptor Sewer and Pump Stations  Public Facilities/ Institutions $2,990.60 2.1% $3,053.40    Exhibit B City of Fowler Planning Fee! Schedule 2021  Type ofA Application  2021  Notes  2020Fee Increase % 2021Fee $288.93 2.1% $295.00 $2,311.44 2.1% $2,359.98 $852.92 2.1% $870.84 See Notes 1,2 $144.47 2.1% $147.50 $6,038.67 2.1% $6,165.48 See Notes 1,2 $8,849.38 2.1% $9,035.22 See Notes 1,2 $577.86 2.1% $590.00 $30.04 2.1% $30.67 $146.78 2.1% $149.86 $469.22 2.1% $479.07 $548.97 2.1% $560.50 $763.37 2.1% $779.41 $545.27 2.1% $556.72 See Notes 1,2 $1,635.80 2.1% $1,670.15 See Note3 $98.15 2.1% $100.21 $4,907.40 2.1% $5,010.45 $1,090.54 2.1% $1,113.44 See Notes 1,2 2.1% $33.41 $452.58 2.1% $462.08 $2,059.50 2.1% $2,102.75 See Notes1 1,2 $2,133.46 2.1% $2,178.27 See Notes1,2 $1,018.19 2.1% $1,039.57 $2,022.94 2.1% $2,065.43 See Notes1,2 $1,014.19 2.1% $1,035.49 See Notes1,2 $156.02 2.1% $159.30 $4,622.90 2.1% $4,719.98 See Notes 1,2 $1,444.66 2.1% $1,475.00 $426.47 2.1% $435.42 $5,315.17 2.1% $5,426.79 Seel Notes 1,2,3 $6,643.10 2.1% $6,782.61 See Notes 1,2,3 $12,043.80 2.1% $12,296.72 See Notes1 1,2,3 $4,416.65 2.1% $4,509.40 See Notes1 1,2 $2,208.33 2.1% $2,254.71 See Notes 1,2 $6,543.19 2.1% $6,680.60 See Notes 1,2 $3,271.60 2.1% $3,340.30 See Notes 1,2 $30.04 2.1% $30.67 $43.63  Abandoned Residential Property Registration Abandonment ofF Right-of-Way Accessory Dwelling Unit Administrative! Review Administrative! Review- Sidewalk Displays Annexation, /Pre-z zone (0-6a acres) Annexation, / Pre-zone (6 plus acres) Annexation! Extension Appealt tot the City Council Appealt tot the Planning Commission Building Demolition Permit Building Moving Permit Deferral Agreement Density Bonus Request Finding ofE EIR Conformity Health and Safety! Inspection Out ofA Area Service Agreement Temporary Sign/Banner Water Well Demolition Conditional Use Permit Conditional Use Permit Conditional Use Permit- Amendment Conditional Use Permit- Extension Conditional Use Permit Major (greatert than1 1a acre site) Conditional Use Permit- Minor (lesst than 1a acres site/or usev withins structure) Temporary' Use Permit Development, Agreement Development Agreement- Amendment Environmental: Review Categoricall Exemption Environmentall Review- Negative Declaration Environmentall Review Mitigated Negative Declaration Environmentall Review- EIR Environmentall Notice of Determination- Negative Declaration Environmental Notice of Determination- EIR General Plan Amendment Major (greater than5 5a acres sites) Minor (5a acreork less sites) General Plan Amendment: with Concurrent Rezoning Major (greatert than5 5a acres sites) Minor (5: acred or less sites) Garage Sale Permit (after 2sales) Home Occupation Permit  $750.00  Inl Lieur Parking Fee (atl least 75%0 of parkingr requirement mustb ber met, per space)  $32.72  See Note4 See Note4  2.1% $44.54    Land Division Applications Lot Line Adjustment Tentative Parcel Map Final Parcel Map Revised Parcel Map Tentative Subdivision! Map- Small (5-10lots) Tentative Subdivision! Map- Greater than 10k lots Final Subdivision! Map- Small (5-10lots) Final Subdivision! Map- Greater than 10lots Revised Tentative! Subdivision Map Tentative Tract Map Extension Landscaping, /Conservation Review- Residential Landscaping/ /Conservation Review- Commercial Manufacturedi Housing Permit Sign Review Site PlanF Review Major (greatert than acres sites) Minor (1 acre or lesss sites) PreliminaryN Map/Site Plan Review (after 1review) Variance Major (commercial, industrial, multifamilyl) Minor (singlef familyr residential) Minor Deviation Zoning Classification ofz Zoning Use Rezoning Zone Map Amendment Zone Text Amendment Notes:  $1,700.07 2.1% $1,735.77 See Notes1,2 $4,468.04 2.1% $4,561.86 Seen Notes1,2 $4,160.60 2.1% $4,247.98 See Notes1,2 $1,682.73 2.1% $1,718.07 See Notes1,2 $8,940.69 2.1% $9,128.44 Seel Notes1,2 $10,636.13 2.1% $10,859.49 Seel Notes1,2 $2,969.05 2.1% $3,031.40 $4,577.82 2.1% $4,673.95 $6,088.35 2.1% $6,216.20 See! Notes 1,2 $1,018.19 2.1% $1,039.57 $609.06 2.1% $621.85 $1,249.34 2.1% $1,275.58 $414.90 2.1% $423.62 $122.50 2.1% $125.08 $2,420.98 2.1% $2,471.82 See Notes 1,2 $1,210.50 2.1% $1,235.92 See Notes 1,2 $1,679.42 2.1% $1,714.69 Seel Notes 1,2 $839.71 2.1% $857.34 See Notes 1,2 $121.36 2.1% $123.90 $577.86 2.1% $590.00 $4,356.68 2.1% $4,448.17 Seel Notes 1,2 $2,181.06 2.1% $2,226.86 See Notes 1,2 $4,436.82 2.1% $4,530.00 Seel Notes 1,2 $4,296.98 2.1% $4,387.22 See Notes 1,2  $750.00  $750.00  Major Change (map changes greater thansa acres) Minor Change (map change 5acres orl less/or texta amendment)  1.More Complex projects require ac consultant proposal fore estimated cost.  2.S Should ap project require additional study, staff time, public hearings, or notification, then additional funds shall be 3.For Negative Declarations and EIRS prepared by qualified consultants under contract tot the City, the fee shall be cost+ 4.CEQAf filing fees shall be as required by the California Department of Fish and Wildlife website ands shall include filing fees for the Fresno County Clerk. Checks int the required amount shall be deposited with the City prior tot thet final public hearing  deposited in an amount determined by the Director.  15%.  adopting the environmental document and shall be returned ift the project is denied.  Refunds:  1.Ifa an application is withdrawn or returned beforei itis deemed complete or within two weeks of submittal, whichever 2.lfa an application is withdrawn or returned after thei initial period described above, but no later than six months after submittal and prior to scheduling for ae earing or an administrative decision, thent the applicant shall ber refunded half oft the 3. After six months from application. submittal, or once an application has been scheduled for aj public hearing or  occurs first, thent the applicant shall be entitled to af fullr refund.  application fees.  administrative decision, whichever occurs first, no refunds shalll be given.    ITEM  7F  MEMORANDUM  TO: FROM: DATE: CC:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: ACCEPTANCE OF FOWLER FIRESTATION  JANUARY28,2021  DARIODOMINGUEZ: PUBLIC WORKS: DIRECTOR  REQUESTED ACTION /RECOMMENDATION authorize the City Engineer to file the Notice of Completion.  Accept the City of Fowler's Fire Station Project constructed by Klassen Corporation and  DISCUSSION  The City Council previously awarded a contract to Klassen Corporation for construction of the Fire Station Project. The project was constructed in accordance with the plans and specifications to the satisfaction of the City Engineer and the Public Works Department staff. The one-year warranty period will begin upon the filing of the Notice of Completion,  which will follow the Council's acceptance of the project.    ITEM  8  CITY OF FOWLER COMMITTEE/COMMISSION APPLICATION FORM  hereby request that I be considered as a nominee for the following City Commission or  Committee:  PLEASE CHECK ONE  R Planning Commission- Applicant must reside within the incorporated Fowler City  limits, or approved Sphere of Influence  D  Recreation Commission- Applicant must reside within thei incorporated Fowler City limits, approved Sphere of Influence, or within the jurisdictional boundaries oft the Design Review Committee (DRC)- 2 at-large applicants with a design or architectural background, 3 applicants must reside within the incorporated Fowler  Fowler Unified School District  City limits or approved Sphere of Influence Name APPRINEZ  Address Home Telephone No.  Business Telephone No.  lam employed E.CosUIe bauhy position is AEO lhave been a registered voter in the City of Fowler or City of Fresato  for Have you  S0years. Are you a United States Citizen? (es ever been convicted of a felony? Yes  No  (No  (If"yes", please explain  the nature of the felony conviction on a separate sheet of paper and attach to this  application form).  Please state your educational background. (Optional) Fbwlen n CTApE 3. Fietocatr MEEtES! IHTE hnsmuenes MAMKEMENT TNLAMA.  2. AMEIBTE DELGE HHEIRaL BEHH  Please list any organizations of which you are a member and any offices youl have held in LA CA hAt DrEbK TVIEN COMWTEE  those organizations.  Fot FCTT -  CE Taolen    l'am interested in serving for the following reasons (Please list any qualifications): 14m APD 16A4Ec # HAELLET AELEE THAE 75EAn5 EHELERE g AAATpAL ARIATZERLT FLTATIN EXAMEKE Lsil4p 1E A HnEAT UHHE TO Ils  PLALHAM Lonnssink References (Optional):  Signed  Dated Hlzsla  Please return your completed application to the City Clerk, 128 S. 5th Street, Fowler,  California, 93625.  POLICY REGARDING APPOINTMENT OF INDIVIDUALS TO SERVE ON ADVISORY BODIES SUCH AS COMMISSIONS AND COMMITTEES FOR THE CITY OF FOWLER: 1. Qualified applicants are invited to submit an application to an advisory body. Commissioners, committee and board members are invited to contact and encourage qualified applicants to apply for appointment, and are encouraged to submit their suggestions for nominees directly to City Councimembers. The City Clerk or City Manager will receive the commitee/commission applications on behalf of the City Council and place them on file for consideration at the proper time.  2. All nominees will be asked to complete a brief application form.  3. The City Council will screen nominees as a body of the whole or reserve the option to establish a screening committee from its membership. The City Council may Incumbent Commissioners are encouraged and invited to indicate in writing their interest in reappointment, to the City Clerk, or directly to the City Council. 5. When vacancies occur, notice shall be posted in accordance with law. Vacancy notices will be placed on the public notice board at City Hall, and other appropriate 6. Upon conclusion of the process, the selected applicant(s) will be appointed by the Mayor, subject to the consent of the Council, in accordance with the Fowler Municipal Code, except DRC members will be appointed by the City Manager upon 7. This policy is adopted to satisfy the requirements of Government Code Section  interview nominees for positions.  4.  places.  City Council recommendation.  54970 et seq.    CITY OF FOWLER COMMITTEE/COMMISSION APPLICATION FORM  DEC 18 2020 be Viadigplax  Ihereby request that I be considered as a nominee for the following City Commission or  Committee: V D  PLEASE CHECK ONE  Planning Commission- Applicant must reside within the incorporated Fowler City Recreation Commission- Applicant must reside within the incorporated Fowler City limits, approved Sphere of Influence, or within the jurisdictional boundaries of the Design Review Committee (DRC)- 2 at-large applicants with a design or architectural background, 3 applicants must reside within the incorporated Fowler  limits, or approved Sphere of Influence  Fowler Unified School District  City limits or approved Sphere of Influence  Name Advana Prado  Address Home Telephone No.  Business Telephone No.  lam employed by Brounand Broun Qee Ely position is Beaitor  Ihave been a registered voter in the City of Fowler or I years. Are you a United States Citizen? Yes ever been convicted of a felony? Yes  of Fower Cy No  for Have you  No_ V (If"yes", please explain  the nature of the felony conviction on a separate sheet of paper and attach to this  application form).  Please state your educational background. (Optional)  graduated Fowier HhgnSchool fovowed by Ottenching Fresno Stzte university where I received my BachaarkeSaiene Degrec. My Current Coreer path is the real estzte Idusny whoxe hove ben 0 licensen Realtor for over3yrs now. Please list any organizations of which you are a member and any offices you have heldi in FIA - Fowler Improvement Assodahon memboer since 2019) Fowley Becxeution Commissicn fommhee member (2020) Chairs eyson Br heoung Professionals Netwrk Wthe  those organizations.  Fresno Assocahon of Beuitors    lam interested in serving for the following reasons (Please list any qualifications): nove ahuge passisn ho Serve the Community that myse? Qnd my Ramily were rased In. I am th real ectzte prfessisnal in khe sowier Komumyand a lot bF my CAicnis iook tome to esipress my opinisns and persprchve abot certan Situutsns in the Orea. besieve that this oppsrhniy wil help open docrs to Bevvng and Yvonne Hemnandez has Qways bena buge adwrate fr  References (Optional):  gry bAcK f my Cummunty  me Ond Se Knous my WYK ethic. Signed pe  Juan Hhs  AAN He 0e whu veached ato me about applying Aor  meya  Dated 12/18/2020  Please return your completed application to the City Clerk, 128 S. 5th Street, Fowler,  California, 93625.  POLICY REGARDING APPOINTMENT OF INDIVDUALS TO SERVE ON ADVISORY BODIES SUCH. AS COMMISSIONS AND COMMITTEES FOR THE CITY OF FOWLER: Qualified applicants are invited to submit an application to an advisory body. Commissioners, committee and board members are invited to contact and encourage qualified applicants to apply for appointment, and are encouraged to submit their suggestions for nominees directly to City Councimembers. The City Clerk or City Manager will receive the commitee-commission applications on behalf of the City Council and place them on file for consideration at the proper time.  1.  2. All nominees will be asked to complete a brief application form.  3. The City Council will screen nominees as a body of the whole or reserve the option to establish a screening committee from its membership. The City Council may Incumbent Commissioners are encouraged and invited to indicate in writing their interest in reappointment, to the City Clerk, or directly to the City Council. When vacancies occur, notice shall be posted in accordance with law. Vacancy notices will be placed on the public notice board at City Hall, and other appropriate Upon conclusion of the process, the selected applicant(s) will be appointed by the Mayor, subject to the consent of the Council, in accordance with the Fowler Municipal Code, except DRC members will be appointed by the City Manager upon 7. This policy is adopted to satisfy the requirements of Government Code Section  interview nominees for positions.  4. 5.  places.  6.  City Council recommendation.  54970 et seq.