FOWLER CITY COUNCIL MEETING AGENDA NOVEMBER 17, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  This meeting will be conducted pursuant to the previsions of Paragraph 11 of the Governor's Executive Order N-25-20 which suspends certain requirements of the Ralph M. Brown Act, and as ar response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number listed below will provide access to the City Council meeting via teleconference. Please note: when Joining the meeting you will be asked your name which will be used to Identify  you during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference to have his/her/their phone set on "mute" to eliminate background noise or other interference from Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on  telephonic participation.  the City's website at www.lowlerciy.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.) Presentation of Employee Plaques for Years of Service  4.  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 in full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.    5. 6.  Communications Staff Reports  A) Adopt Second Reading of Ordinance No. 2020-06, "An Ordinance of the City Council of the City of Fowler Amending Chapter 5 of Title 9 Section 05 to Article 21, Clarifying Development Standards of Accessory Buildings, Section 715 to Article 7, Clarifying Development Standards of the R-1 Zone District, Section 1003 and 1005 of Article 10, Allowing for Grocery Stores, Section 1203 of Article 12 Allowing For Grocery Stores, Section 1402 of Article 14, and 1402 Allowing Automobile Repair, Section 1503 of Article 15 Clarifying Grammar of the Fowler Municipal Code and Sections 1705 and 1707 of  Article 17 Allowing for Grocery Stores"  B) City Engineer's Report  1)  Consider Adoption of Resolution No. 2480,  A Resolution of the City Council of the City of Fowler Designating the gth Street / Fresno Street Discussion/Drection Regarding Circulation Strategies at the State  Intersection as all -Way Stop"  2)  Route 99/Adams Avenue Interchange  C) City Manager's Report  1) 2)  COVID-19 Update  Approve Resolution No. 2481, "A Resolution of the City Council of the City of Fowler Extending the Temporary Outdoor Business Operations Assistance Program for Restaurants, Retail Businesses, and Service  Businesses in the City"  3) Consider and approve proposed Covid-19 Business Assistance Grant  Program  D) Public Works Director's Report E) Finance Department Report Police Department Report G) Fire Department Report  F)  7. City Attorney's Report  2    8.  Consent Calendar - Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa a Councimember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councilmember objects to an item, then it should be removed and acted upon asa  separate item.  A) Ratification of Warrants = November 17, 2020  B) Approve Minutes of the City Council Meeting - October 20, 2020  C) Approve Resolution No. 2482, "AF Resolution of the City Council of the City of Fowler Approving A Residential Water Service Discontinuation Policy" D) Approve the City of Fowler Temperance and Walter Pedestrian Improvements ATPL 5173 (031) Project Constructed by Power Design Electric, Inc. and Authorize the City Engineer to file a Notice of Completion  E) Approve Online Utility Payment User Agreement  9.  Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councimember Kazarian Councilmember Parra Councilmember Rodriquez  10. Adjournment  Next Ordinance No. 2020-07  Next Resolution No. 2483  CERTIFICATION: 1, Corina Burrola, Deputy City Clerk of the City of Fowler, California, hereby certify that  the foregoing agenda was posted for public review on Friday, November 13, 2020.  Cpre Poice -  Corina Burrola Deputy City Clerk  3    ITEM  6A  ORDINANCE NO. 2020- 06  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER. AMENDING CHAPTER5OF TITLE 9 SECTION 05 TO ARTICLE 21, CLARIFYING DEVELOPMENT STANDARDS OF ACCESSORY BUILDINGS, SECTION 715TO ARTICLEZ,CLARIFYING DEVELOPMENT STANDARDS OF THE R-1 ZONE DISTRICT, SECTION 1003 AND 1005 OF ARTICLE 10, ALLOWING FOR GROCERY STORES, SECTION 1203 OF ARTICLE 12 ALLOWING FOR GROCERY STORES, SECTION 1402 OF ARTICLE 14, 1402 ALLOWING AUTOMOBILE REPAIR, SECTION 1503 OF ARTICLE 15 CLARIFYING GRAMMAR OF THE FOWLER MUNICIPAL CODE, AND SECTIONS 1705 AND 1707 OF ARTICLE 17 ALLOWING FOR  GROCERY STORES  THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION 1. Section 05 of Title 9, Chapter 5, and Article 21 of the Fowler Municipal Code is A. No accessory building shall have a height greater than ten (10) feet, or one (1) story. The space between a dwelling and any accessory building on the same lot, when not joined by a common wall, B. Notwithstanding A., above, no playground structure shall have a height greater than twelve (12) feet. C. Notwithstanding A.. above, no fireplace. or similar structure as determined byt the Director.shall BD. An accessory building may be located areguredeleyardaseGnaNypaRdFRe-re8F-ORe-Aid 0Fa-etswbjecte-ne. miaionedeD,oiong aminimum of 3 feet from the side property line if located within the rear one-third of a lot. This applies to playground structures, fireplaces, and DE. Accessory buildings may be located no closer to the rear property line in R or RM districts than  hereby added to read as follows:  shall be a minimum of ten (10) feet.  have a height greater than six (6) feet.  structures determined to be similar by the Director.  shown below:  R-1-12 R-1-10 R-1-8.5 R-1-7 R-1-6 R-1-5  12 feet 10 feet 8.5 feet 7 feet 6 feet 5 feet    RM districts  5 feet  F. Notwithstanding E. above, no fireplace. or similar structure as determined by the Director,may 1. Such building may occupy not more than twenty (20) percent of the length of the required rear EG. On a reverse corner lot, an accessory building shall not be located closer to the rear property line than the required side yard on the adjoining keyl lot. An accessory structure shall not be closer to a side property line adjoining key! lot and not closer to a side property line adjoining the street than the SECTION2 Section 715 of Title 9, Chapter 5, and Article 7 of the Fowler Municipal Code is E. Any mechanical equipment, MepwuPmaNe-iw, diving boards, and or pool slides, shall not be located less than five (5) feet from an adjoining side or rear property line. This does not apply to fireplaces, fixed pool equipment such as pumps and filters or SECTION3 Section 1003 of Title 9, Chapter 5, and Article 10 of the Fowler Municipal Code is  bel located less than 3 feet from the rear property line.  yard, measured between side lot lines.  2. Roof lines or eaves shall not extend into adjacent property.  required front yard ont the adjoining key lot. hereby added to read as follows:  structures determined to be similar by the Director.  hereby added to read as follows:  A. Retail and service establishments primarily to serve thei immediate neighborhood: 23. Grocery stores not exceeding 10,000 square feet in area;  234. Hardware stores; 245. Hobby supply stores; 256. Ice dispensers (coin-operated); 267. Locksmiths; 278. Newsstands and magazine stores; 289. Offices; 2930. Parking lots;  301. Pressing, altering, and repairing of wearing apparel; 342. Radio and television stores and repair shops;  323. Restaurants and cafes, including outdoor cafes, but excluding the sale of alcoholic beverages;  334. Shoe repair shops; 345. Shoe stores; 356. Soda fountains; 367. Stationery stores; 378. Tailors and dressmakers; 389. Video rentals and sales;    3940. Variety stores, not exceeding ten thousand (10,000) square feet in area; 401. Other uses added by the Commission according to the procedure seti forth in this article; 442. Incidental and accessory structures and uses on the same site as a permitted use. SECTION 4 Section 1005 of Title 9, Chapter 5, and Article 10 of the Fowler Municipal Code is  hereby added to read as follows:  Uses permitted subject to a conditional use permit shall be as follows (see Article 25): 9. Grocerys stores exceeding 10,000 square feet ina area; 910. Laundromat, coin-operated laundry, and dry cleaning establishments; 101. Planned Unit Development subject to provisions of Article 28;  142. Private clubs and lodges;  123. Residential dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district; 134. Service stations, including service stations as part of a convenience store (gasoline), excluding  automotive repair services; 145. Tobacco stores. hereby added to read as follows: A. Retail and service establishments: 21. Grocerystores: 242. Hatcheries;  SECTION! 5 Section 1203 of Title 9, Chapter 5, and Article 12 of the Fowler Municipal Code is  223. Heating and air conditioning shops; 234. Household appliance repair shops; 245. Ice and food products dispensing machines; 256. Ice manufacturing; 267. Laboratories; 278. Laundry plants; 289. Mini-storage facilities; 2930. Parcel delivery services; 301. Photographic and blueprint processing and printing; 342. Plumbing and sheet metal shops; 323. Post offices, public and private;  334. Poultry and rabbit butcher shops for retail sales on the premises, including live storage; such  use shall not be established closer than five hundred (500) feet from any residential zone;  345. Railroad freight and passenger services; 356. Refrigeration sales and services; 367. Restaurants; 378. Service stations;    389. Sign shops;  3940. Stone and monument yards, retail; 401. Tire recapping and sales; 442. Upholsteryshops;  423. Veterinarians' offices, small animal boarding and hospitals, and kennels; provided however  such use shall not established closer than five hundred (500) feet from any residential district and shall be completely enclosed in al building of soundproof construction;  434. Warehouses and mini-storage uses; 445. Wholesale establishments. hereby added to read as follows: E. Automobile repair;  SECTION6 Section 1403 of Title 9, Chapter 5, and Article 14 oft the Fowler Municipal Code is  EF. Building materials, sales, and storage;  FG. Emergency shelter subject to the following development standards:  1. Facility compliance with applicable state and local standards and requirements;  a. Federal, State and local licensing as required for any program incidental to the emergency a. Compliance with applicable state and local uniform housing and building code b. The facility shall have on-site security during all hours when the shelter is open; C. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.  shelter; 2. Physiçal characteristics;  requirements;  d. Facilities shall provide secure areas for personal property; 3. Limited Number of Beds. Emergency shelters shall not exceed ten (10) beds;  4. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months 5. Parking. The emergency shelter shall provide on-site parking at a rate of one (1) space for each employee at the maximum shift plus one (1) space per six (6) occupants allowed; 6. Emergency Shelter Management. A management plan is required to address management, client supervision, client services, and food services. Such plan shall be submitted to and approved by the Community Development Department prior to operation of the emergency GH. Farm machinery and equipment manufacturing, sales, and service (including incidental auctions not 4J. Gasoline service stations, including dispensing of diesel and other fuels, and complete truck service;  inac consecutive twelve (12) month period;  shelter;  to exceed four (4) per year);  HI. Frozen food processing, storage, and accessory sales;  JK. Golf cart sales and service; KL. Hatcheries; LM. Ice and cold storage plant;    MN. Laboratories, experimental and testing;  NO. Machine shops; underground;  OP. Petroleum products storage, provided that gasoline, kerosene, and similar products shall be stored  PQ. Planning mill, excluding refuse burning; QR. Poultry and rabbit processing; RS. Prefabrication of buildings; TU. Secondhand stores; UV. Stables and riding academies; WW. Stone monument works;  SI. Public utility service yards, electrical and gas transmission stations;  X. Tire recycling, rebuilding, recapping and retreading;  *Y. Transit and transportation equipment, storage space and yards, except freight classification yards;  *Z. Trucking terminals;  ZAA. Warehouses and mini-storage uses. hereby added to read as follows: B. Heavy industrial and related uses including:  SECTION7 Section 1503 of Title 9, Chapter 5, and Article 15 of the Fowler Municipal Code is  18. Agricultural, industrial, and household chemical compounds manufacture;  SECTION8 Section 1705 of Title 9, Chapter 5, and Article 17 of the Fowler Municipal Code is  hereby added to read as follows:  A. The following uses shall be permitted in the Form-Based Code. Area: 13. Grocerystores not exceeding 1,500 square feet of sales area;  134. Hardware stores; 145. Health, fitness club; 156. Locksmiths; 17. Museum;  6/-Marketlese-nan:SPeP-OUsaN0.90/sqwareiest:  18. Non-profit charitable institutions;  19. Ofices--Business, professional, service, medical;  20. Parking lots;  21. Post offices, public and private; 22. School, public or private;  23. Studio: art, dance, martial arts, music, etc.; 24. Restaurant, café, coffee shop, not serving alcohol;    25. Variety stores not exceeding 1,500 square feet of sales area 886-Aan-teP-nOUSARd-40,009) 27. Other uses added by the Commission according to the procedure set forth in this article; 28. Incidental and accessory structures and uses on the same site as a permitted use. SECTION9 Section 1707 of Title 9, Chapter 5, and Article 17 of the Fowler Municipal Code is  squarefeet; 26. Video rentals and sales;  hereby added to read as follows:  1. Any use selling or serving alcohol, including liquor store; 2. Any commercial amusement use (indoor and outdoor); 3. Any permitted use having outside storage;  4. Automated car wash, including use of mechanical conveyors, blowers, and steam cleaning;  5. Automobile parts sales; 6. Automobile repair; 8. Bed and breakfast; 9. Card rooms;  7. Banquet facilities, dance halls, social halls, private clubs and lodges;  10. Churches and other religious institutions; 11. Drive through facilities; 12.Funeral home;  13. Grocery stores not exceeding 10,000 square feet in sales area;  134. Laundromat, coin-operated laundry, and dry cleaning establishments; except that such uses are not permitted in the downtown area bounded by Fourth Street, Tuolumne  Street, Golden State Boulevard, and Main Street; 4-MaketgreateFnaPen-tnousand-40,009)square-feet:  15. Mixed use residential component; 16. Motels and hotels; 17. Motorcycle sales and service; greater than 21.78 units/acre);  18. Multifamily dwellings, subject to the standards of the RM-3 district (including density  19. Parking structure; 20. Self-service car wash;  21. Service stations, including service stations as part of a convenience store (gasoline); 22. Single family dwellings subject to the provisions of the R-1-5 district;  23. Smoking bars and hookah lounges;  24.Tobacco shops;  25. Theater, auditoriums, cinema, or performing arts;  26. Variety store greater-than not exceeding ten thousand (10,000) square feet.    ITEM  6B-1  MEMORANDUM  TO: FROM: DATE:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER NOVEMBER 12, 2020  SUBJECT: ALL-WAY STOP -8"STREET/FRESNO: STREET  REQUESTED ACTION: Street intersection. DISCUSSION:  Adopt Resolution No. 2480 approving installation of an all-way stop at the 8th Street/F Fresno  The intersection of gth Street and Fresno Street until very recently has been a three-legged intersection with a STOP signs on the minor approach. Each approach to the intersection consists of one lane with no dedicated turn lanes. The centerlines are striped with a single yellow line. White crosswalks exist on the Fresno Street leg of the intersection. Sight distance is obscured by adjacent parking stalls and outdoor dining facilities on gth Street. Thirty five (35) mph speed limits signs are posted on the northbound and southbound gth Street approaches. A prima facie speed of25 miles per hour should apply on Fresno Street; although it is possible that a prima facie speed limit of 15 miles per hour would apply to the intersection based on limited visibility within 100 feet of the intersection (California Vehicle The State of California Department of Transportation California Manual on Uniform Traffic Control Devices for Streets and Highways. 2014 Edition (CMUTCD) Rev 5 sets forth the  Code 22352).  guidance for installation ofall-way stop signs as follows: Section 2B.07 Multi-Way Stop Applications  Support:  01 Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume oft traffic on the intersecting roads is approximately equal. 02 The restrictions on the use of STOP signs described in Section 2B.04 also apply to multi-  way stop applications. Guidance:  03 The decision to install multi-way. stop control should be based on an engineering study.    04 Thej following criteria. should be considered in the engineerings studyforamuli-way: STOP A. Where traffic control signals are. justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the B. Five or more reported crashes in a 12-month period that are. susceptible to correction by ai multi-way. stop installation. Such crashes include right-turn and lefi-turn collisions as  sign installation:  installation of the traffic control. signal. well as right-angle collisions. C.M Minimum volumes:  The vehicular volume entering the intersection from the major. street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor. street approaches (total ofboth approaches) averages at least 200 units per hour for the. same 8 hours, with an average delay to minor-street vehicular traffic of at least. 30 seconds per vehicle during the highest hour; but 3. Ifthe 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent ofthe values provided in Items 1 D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all. satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition.  an average day; and  and. 2.  Option:  05 Other criteria that may be considered in an engineering study include:  A. The need to control left-turn conflicts;  B. The need to control vehicle/pedestrian conflicts near locations that generate high . Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required D. An intersection oft two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic The sight distance deficiencies identified by the City Engineer qualify the intersection for all- way stop control in accordance with the provisions of Section 2B.07.05 of the CMUTCD set  pedestrian volumes; tos stop: and  operational characteristics oft the intersection.  forth herein.  2    RESOLUTION NO. 2480  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER DESIGNATING THE 8TH STREET, /FRESNO STREET INTERSECTION AS ALL -WAY STOP  WHEREAS, there is currently a two way stop sign at the 8TH Street / Fresno Street WHEREAS, the City desires to make the intersection of 8TH Street /E Fresno Street an all- way stop intersection by placing stop signs and markings stopping traffic on all WHEREAS, City staff has demonstrated a need for the all-way stop intersections for the (1) Sight distance deficiencies exist such that the road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless  intersection; and  intersection approaches; and following reasons:  conflicting cross traffic is also required to stop; and  WHEREAS, the City has the authority to install stop signs pursuant to Fowler Municipal Code sections 4-4.401 through 4-4.405 and California Vehicle Code sections 21101,21104,21351,21351.5,21354,21355,21362, ,21400, and 21401. NOW,THEREFORE, be it resolved by the City Council of the City of Fowler that: 1. The intersection of gth Street / Fresno Street is hereby designated an all-way stop 2. The City Clerk shall add said intersection to the Official List of Stop Intersections 3. The Public Works Director is authorized and directed to install all-way stop signs  intersection.  in accordance with Fowler Municipal Code section 4-4.401.  and marking at the affected intersection.  I,J Jeannie Davis, City Clerk of the City of Fowler, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Fowler City Council  held on the 17th day of] November 2020, by the following vote:  Ayes: Noes: Absent: Abstain:  Jeannie Davis, City Clerk City of Fowler    ITEM  6B-2  MEMORANDUM  TO: FROM: DATE:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER NOVEMBER 12, 2020  SUBJECT: STATE ROUTE 99/ADAMS AVENUE CIRCULATION STRATEGIES  REQUESTED ACTION: interchange. DISCUSSION:  Provide staff direction regarding circulation strategies at the State Route 99 1 Adams Avenue  There has been an increase in recent development activity in the vicinity of the Adams Avenue / State Route 99 interchange in northwest Fowler. Staff has determined that a new road connection near the existing southbound off-ramp is needed to support additional development and to provide circulation within the areas of Fowler bounded by Sumner Avenue, Clovis Avenue, Adams Avenue and State Route 99. Staffhas met with Caltrans and explored very preliminary: alternatives for circulation improvements at the interchange. One alternative is to construct a roundabout at the southbound off-ramp intersection with Adams Avenue. The roundabout alternative will provide for an additional leg which can be Another alternative was identified in the SW Area Traffic Impact Study approved by the Council in 2015. The report identified a potential combination type L-8/L-9 interchange as The next step in developing alternatives would be to prepare an interchange and freeway corridor study on State Route 99 between Clovis Avenue and Merced Street as directed by Caltrans. Staff is requesting Council direction regarding circulation strategies at the State  available to serve ai new road connection extending southerly into the City.  shown in the attached exhibit.  Route 99/Adams Avenue interchange. Attachments: Interchange alternative exhibits    ADAMS AVE.  SEE FIGURE 2  JAMESON   a DUSTIN AVE. SUMNER AVE.  CITY OF FOLWER ADAMS AVENUES/SR-99 CIRCULATION STUDY    SCALE: 1" = 300'  PETERS ENGINEERING GROUP  FIGURE 1    DWG: 201919-003doms Ave SR-99 Circulation.dwg USER: Phil Ginther DATE: Nov 11, 2019 1:41pm   - a Z GI G D D -  -  2    Figure 12 - Adams Avenue/State Route 99 Interchange Concept  - a o e n @ S E e : A E a a a @  M e  Southwest Development Traffic Impact Analysis  Page 36 R1970TIA007.docx  City of Fowler    ITEM  6C-2  RESOLUTION NO.2481  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER EXTENDING THE TEMPORARY OUTDOOR BUSINESS OPERATIONS ASSISTANCE PROGRAM FOR RESTAURANTS, RETAIL BUSINESSES, AND WHEREAS, the City Council of the City of Fowler declared a local emergency on March 17, 2020, with the approval of Resolution No. 2461, as a result of the threatened spread  SERVICE BUSINESSES IN'T THE CITY  ofCOVID-19 in the City, surrounding areas, and the state; and  WHEREAS, the Governor's adopted Executive Order N-33-20 on March 19, 2020, which ordered a Statewide stay at home/stay in place order ("Stay at Home Order") to address the threatened spread ofCOVID-19, allowing only essential businesses to remain open; and WHEREAS, to address the needs of various businesses in the City which were forced to close, cease or limit indoor operations, and/or operate at decreased capacities to accommodate required physical separation (social distancing) and other requirements of the various state and county orders actions, the City, with the approval of Resolution Nos. 2470 and 2474, approved a temporary permit program for certain businesses operating in the City to seek a temporary permit to conduct business operations and perform services outdoors, subject to certain  requirements; and  WHEREAS, in connection with the temporary permit program, the City approved Resolution No. 2475 approving a temporary Outdoor Business Operations Assistance Program ("Program"), funded with $10,000 of2020 Coronavirus Relief funds, which funding was available to eligible businesses ini the City for a limited period oft time; and  WHEREAS, the Program funding was not fully utilized and the eligibility period has expired under the original Program, and the City desires to extend the eligibility period ofthe Program but reduce the available Program funding to allow eligible businesses to continue to  seek the funding assistance under the Program; and  WHEREAS, the City expended funds to make certain outdoor seating and related improvements along Merced Street in the City's downtown which are utilized by four businesses and alleviated the need for those four businesses to participate in the Program, and as such, the City finds that those four businesses which utilize the outdoor seating areas installed by the City  should bei ineligible under the Program. RESOLVES AS FOLLOWS:  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER 1. The temporary Outdoor Business Operations Assistance Program approved by Resolution No. 2475 shall remain in effect until March 1,2021, unless modified or rescinded by subsequent resolution oft the City Council, and the Program is hereby modified as follows:    (a) The funding available under the Program is reduced from $10,000.00 to (b) The Program shall be administered as a reimbursement program, and the eligible Business Establishment must submit proofthat the eligible items were purchased  $5,000.00.  between June 17, 2020 and March 1, 2021.  (c) Alla applicationsfrequests for reimbursement under the Program must be (d) The following four businesses located along Merced Street in the City are ineligible under the Program: Fowler Donuts, Kebab Grill, Chinese Restaurant, and  received by the City no later than March 15, 2021 to be considered.  Ana's Restaurant. 2.  All other Program requirements shall remain as established with the approval of  Resolution No. 2475 and as described therein, unless modified or rescinded by subsequent  resolution of the City Council.  The foregoing resolution of the City Council oft the City of Fowler was duly and regularly introduced, passed and adopted at a regular meeting ofthe City Council on November  17, 2020, by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  AWDOCS0023025HES0022354DOCX  2    RESOLUTION NO.2475  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER ESTABLISHING A TEMPORARY OUTDOOR BUSINESS OPERATIONS ASSISTANCE PROGRAM FOR RESTAURANTS, RETAIL BUSINESSES, AND  SERVICE BUSINESSES IN THE CITY  WHEREAS, there exists a local emergency in the City of Fowler pursuant to Resolution 2461, approved by the City Council on March 17, 2020, where the City declared a local emergency as a result of the threatened spread of COVID-19 in the City, surrounding areas, and  the state; and,  WHEREAS, on March 19, 2020, with the adoption of Executive Order N-33-20, the Governor ordered a Statewide stay at home/stay in place order ("Stay at Home Order") to address the spread of COVID-19,allowing only essential businesses to remain open; and,  WHEREAS, the City is operating under the Governor's Stay at Home Order as WHEREAS, the Governor and Fresno County have begun the process for allowing WHEREAS, under the most recent State and County orders, many businesses that were allowed to open in accordance with State and County guidance that required physical separation (social distancing) and other actions, are now required to cease indoor operations for customers oro conduct indoor operations with severe occupancy and other restrictions that limit the number ofcustomers and will result in substantial hardship to the impacted businesses; and  supplemented by Fresno County; and,  restaurants, retail establishments, and other businesses to reopen in the County; and,  WHEREAS, recognizing the limitations on indoor operations faced by some businesses, the City Council approved Resolution No. 2470 on June 16, 2020, approving a temporary permit program for businesses operating in the Form-Based Code Zone District to seek a temporary  permit to operate outdoor seating on sidewalks and in alleys; and  WHEREAS, recognizing there was a need for further assistance in that restaurants, retail establishments, barber shops, hair salons, and other local service businesses that are prohibited from fully operating and serving customers indoors (hereinafter collectively referred to as "Business Establishments" and individually as a "Business Establishment"), the City Council approved Resolution No. 2474 on August 18, 2020, expanding upon the temporary permit program and authorizing Business Establishments located in the City to seek a temporary permit to conduct business operations and perform services outdoors, subject to certain requirements;  and  WHEREAS, in connection with the temporary permit program, the Cityalso desires to provide monetary assistance to Business Establishments that obtain a temporary permit and expend money on furniture, equipment and related items in order to locate seating or operate  business activities and services outdoors.    NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER  RESOLVES AS FOLLOWS:  1.  At temporary Outdoor Business Operations Assistance Program is hereby  established using the provisions identified below, and shall remain in effect until September 15, 2020, unless modified or rescinded by subsequent resolution oft the City Council.  2. Relief funds. 3. 4. 5.  This program shall be funded from a $10,000 allocation from the City General  Fund, and covered, to the greatest extent available, by the City'sa allocation of 2020 Coronavirus  Program funds will be distributed on a first come, first served basis until funding Only Business Establishments with active and valid business licenses with the This program is available only to eligible Business Establishments who obtain a  ise exhausted or replenished with additional allocations approved by the City Council.  Cityof Fowler are eligible for this program.  temporary permit from the City pursuant to either Resolution No. 2470 or Resolution No. 2474 and who expend money or incur expenses for the purchase of furniture, equipment and related items in order to locate seating or operate business activities and services outdoors.  6.  The program shall be administered as a reimbursement program, and the eligible  Business Establishment must submit proofthat the eligible items were purchased between June 17,2020 and September 15, 2020. For example, tables, chairs, umbrellas, misters, heaters, and similar items or equipment may be eligible. However, items or equipment purchased before June 17,2020, are not eligible for reimbursement: and moving existing tables, chairs, and other items or equipment outdoors to operate or perform services outdoors will not be eligible for  reimbursement. 7.  The eligible Business Establishment will receive reimbursement from available  program funds for eligible items purchased and used for outdoor seating or outdoor business operations and services. Reimbursement to a Business Establishment may not exceed Five  Hundred Dollars ($500.00).  8.  The City Manager is authorized to implement this program and determine the  eligibility ofany Business Establishment, including promulgation of program rules not  enumerated in this resolution.  9.  All applcationsfrequests for reimbursement must be received by the City no later  than September 30, 2020 tol be considered.  10. Ar report on program utilization, including number oft requests received and processed and amount disbursed, will be provided to the City Council in October 2020.  2    The foregoing resolution of the City Council oft the City of Fowler was duly and regularly introduced, passed and adopted at a regular meeting of the City Council on August 18,  2020, by the following vote:  AYES:Cardenas, Hammer, Parra, Rodriquez, & Kazarian  NOES:None ABSENT: None ABSTAIN: None  APPROVED:  Dlacahn David Cardenas, Mayor  ATTIST:  CaLknwe  Jwdocs' 00250.255 RES. 00781039.DOCX  3    ITEM  8A  $A 6    88888888888888888888 8 8 888888888 8 8 8 d8 d8 8 888 000000000000 o o 000000000 o o o o o o 000  RRRR  88  d 00000000 aaaaanaa  V2    RAR  88888888 3888888888 3888888888 8 8 888 d8 d8 88 0 00000000 0000000000 0000000000 o o 000 o o  NNNNNNE n00000o NNNNA! 2999999 999999 BRRRRI  NNNN 00 NNNNN! 000000og 99999995  9    > d8 088 8888 8 888 8 388888888888888888888 o o o o 000 o 000 o 0000000000000000000    5088 8  888 0080n BNN  Nc  Nmmuso  888 88888 8888 88888 88 8888888 888 888 8888888888 000 00000 0000 00000 o o o o 0000 000 000 0000000000  2 88  00    8888 8 8888888888 38888888888 88888 888888888 0000 o 0000000000 00000000000 00000 006060600  8886    8wB ERFaG RNS 33808 AoC 0 0  8888 8 8888 8 888 8 88888888888 888 888888 888 8 d8 8 0000 o 0000 o 000 o 00000000000 000 000000 000 o o o    888 866 SN  888888888 888888888888 8 888 8 8 888 8888 8 888 8 8 000000000 000000000000 o 000 o o 000 0000 o 000 o o  068  mm  8888  888 - S NN 888 5 mm   3 I  S  r    d0 00 d0 8 d8 08 8 888888888 8 8 d8 888888 8 8 d0 888 8 0 o 0 o o 000000000 o o o 000000 o o o 000 o o  o  8    I    8888888 8 888 8 88888 88888 8 888 d0  0000000 o 000 o o o o 0  00000 o o o o o  oeeeee 000000 anaaaa    DE    a  888 8 8 000 o o    A  8888 8 8 0000 o o      88888888888 8 8888888888 d8 8 00000000000 o 0000000000 o o  009990 0000000000 acaaaaaaee  ddd 000000000 aaaecacae  000006        88888 888 d8 d0 888 8 o o0 d0 0 00000 000 o o 000 o o  0 0  888888888888 0000000000000  2888  AA  0ou U a.  NN  JNN 8    d08 d0 o 8888 8 8 888 d0 8888888 8 8 d8 d0 d8 d8 888 d0 o 888  o  0000 o o 0  0000000 o o o o 000 o 000    0 16  888 8 888 d8 8888 8 8 888888 8 8 d8 d8 000 o o o o 0000 o o 000000 o o o  300000 00000 aaaaa  a    0 00            ITEM  8B  MINUTES OF THE FOWLER CITY COUNCIL MEETING  OCTOBER 20, 2020  Mayor Cardenas called the meeting to order at 7:00 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Rodriquez and Parra (via  Teleconference)  City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, Finance Director Uyeda, Police Chief Alcaraz, Public Works Director Dominguez, Fire Chief Lopez, Deputy City Clerk Burrola, City  Engineer Peters (Via Teleconference)  PUBLIC PRESENTATIONS There were no public presentations. COMMUNICATIONS  None.  STAFF REPORTS  Second Reading of Ordinance No. 2020-06  City Manager Davis said on October 6, 2020, the Council considered the first reading of Ordinance No. 2020-06. The Ordinance was introduced to the Council to clarify some oft the inconsistencies and problematic text for clarifying certain uses and standards in the Zoning Ordinance. Councilmember Kazarian requested to pull the item from the agenda to amend and to reintroduce the ordinance as a first reading. He proposed to add a provision for a Conditional Use Permit (CUP) for grocery stores in the Form Based Code to provide more flexibility on sales square footage. He is proposing to amend Section 1707 of Title 9, Chapter 5, Article 17 of the Form Based Code area with use of subject to Conditional Use Permit to add grocery stores not exceeding Councilmember Kazarian made a motion to approve Ordinance No. 2020-06 as amended, seconded by Mayor Pro Tem Hammer. The motion carried by roll call vote: Ayes: Kazarian, Hammer, Cardenas, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  10,000 square feet ofs sales area.  CITY ENGINEER'S REPORT  Approve Award of Bid for the Panzak Park iImprovements = ADA Compliant Restroom City Engineer Peters said on October 9, 2020 the City received three bids ranging from $231,689.00 to 343,850.00 the low bid was submitted by Flex-Pro Inc. The engineer's estimate for the project was $277,000.000. A summary oft the bids were attached. He said the bid information is currently being reviewed by Fresno County staffs, who administer the CDBG funding. The City  Facilities CDBG Project No. 19231 to Flex-Pro Inc.  anticipates that the Fresno County staff will approve the bid award.    Mr. Peters added that the project should be completed by the end oft the year.  Councilmember Rodriquez made a motion to approve the award of bid for the Panzak Park Improvements - ADA Compliant Restroom Facilities CDBG Project No. 19231 to Flex-Pro Inc. in the amount oft the $231,689.00; seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Rodriquez, Kazarian, Cardenas, Hammer, Parra. Noes: None. Abstain: None.  Absent: None.  CITY MANAGER'S REPORT COVID-19 Update  City Manager Davis said the numbers have not gone up too much; there were 243 total cases last week and this week the total is 346. There are 167 closed cases, 2 are under investigation and 3 total deaths. Ms. Davis said she has been in contact with the County of Fresno Health Department and there are some concerns that cases my slightly rise again. The County is currently at 6.5 per 100,000 new cases per day, County wide. The County is constantly monitoring the numbers.  PUBLIC WORKS REPORT  Public Works Director Dominguez said the resolution approved at the last Council meeting for the Mr. Dominguez said he submitted an advertisement for Request for Qualification (RFQ) for the Energy Conservation project, which is due October 30, 2020 and is hoping to award the project by Councilmember Kazarian spoke about the handicap parking in front of CVS Pharmacy that was discussed during the last meeting. He expressed the need to start off with temporary signage and asked for direction from the Council to evaluate where an appropriate sport would be for additional handicap parking. A discussion took place and the direction of the Council is to look into the additional parking in front of ACE Gift Shop and if there are any issues to bring it back to the A discussion took place on the reopening of City parks and playgrounds. City Manager Davis said she has been in contact with the Fresno County Health Department to pursue guidelines and  water grant has been submitted to the State for approval.  mid-November.  Council for further review and discussion.  recommendations on reopening the parks and playgrounds.  FINANCE DIRECTOR'S REPORT  No report was given.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz circulated the DOJ crime statistics for the month of September 2020.  FIRE DEPARTMENT REPORT No report was given.    CITY ATTORNEY'S REPORT No report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants October 20, 2020; B) Approve Minutes of the City Council Special Meeting and City Council Meeting October 6, 2020; C) Approve Agreement Between County of Fresno and City of Fowler - Fowler Senior Meals, CDBG 19321-CV; D) Approval of City Manager Job Description; E) Approve Proclamation "Condemning Azerbaijan's Aggression, with the Support of Turkey, Against the Artsakh Republic and Urging the President and Congress of the United States to Recognize the Artsakh Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Rodriquez. The motion carried by roll call vote: Ayes: Kazarian, Rodriquez,  Republic as a Free and Independent Nation  Cardenas, Hammer, Parra. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Mayor Cardenas said on October 10th the Central Valley Latino Mayors Coalition, Nisei Farmers League and the City sponsored a free cotton mask and hand sanitizer giveaway at Panzak Park. Mayor Pro Tem Hammer said Trunk or Treat is scheduled for next Thursday, October 29, 2020 from 6:00 p.m. to 8:00 p.m. at the Elwin Blyney Senior Center. This will be a drive thru event. He said the Veteran' 's Memorial Flag Raising event is canceled this year due to the current event. Councilmember Kazarian attended the Employee Appreciation Luncheon last Friday. The luncheon was catered by Robles BBQ; they're local and are interested in opening a BBQ restaurant Councilmember Parra also attended the Employee Appreciation luncheon and commended Robles  business in the City of Fowler.  BBQ catering.  He attended the League of California Conference virtual meeting.  Councilmember Rodriquez said he received some complaints on the. Jill Johnson property. He also The meeting was adjourned to closed session at 7:49 p.m. to discuss Government Code Section 54956.9(a) - Conference with Legal Counsel = Existing Litigation - Name of Case: Gordon The meeting reconvened to open session at 8:10 p.m. with no reportable action taken. Direction  received a complaint on a cement truck doing business within the City.  Panzak VS. City of] Fowler was given to legal counsel.    ADJOURNMENT  Having no further business, Mayor Pro Tem Hammer made a motion, seconded by Councilmember Kazarian to adjourn. The motion carried and the meeting adjourned at 8:10 p.m.    ITEM  8C  RESOLUTION NO. 2482  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING A RESIDENTIAL WATER SERVICE DISCONTINUATION POLICY WHEREAS, on February 1,2020, the State ofCalifornia's Water ShutoffProtection Act WHEREAS, the Act requires urban water suppliers to adopt a policy regarding the WHEREAS, on March 19, 2019, the City ofFowler adopted Ordinance 2019-01 which updated those provisions ofthe City Municipal Code that relate to the discontinuation ofresidential  ("Act") became effective; and  discontinuation ofresidential water service for nonpayment; and  water service for nonpayment; and  WHEREAS, the City of Fowler, in compliance with the Act, wishes to adopt the NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council ofthe City of I. The City of Fowler Residential Water Service Discontinuation Policy attached hereto as Exhibit 1, is hereby approved and is effective immediately.  Residential Water Service Discontinuation Policy attached hereto as Exhibit 1.  Fowler that:  The foregoing Resolution No. 2482 was passed and adopted by the Fowler City Council on  November 17, 2020, by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk    EXHIBIT1  2    City of Fowler October 19, 2020  Residential Water Service Discontinuation Policy  I.  Purpose of the Residential Water Service Discontinuation Policy  The purpose of this document is to outline the Residential Water Service Discontinuation Policy ("Policy") for the City of Fowler ("City"). The Policy sets forth the principles and objectives that should guide the City's decisions regarding the discontinuation of residential water service when the account is delinquent. The primary objectives of this Policy are to: establish timelines for discontinuation of water service, describe notice requirements, establish payment arrangement options for those seeking to avoid discontinuation, establish a formalized mechanism for customers to appeal or review bills, establish reconnection fee exceptions, and describe notice requirements pertaining to residential tenants/occupants. This Policy has been developed in accordance with California Health and Safety Code sections 116900-116926 ("Water Shutoff Protection Act"), as well as the guidance set forth in the City's Municipal Code sections 6-4.707, 6-4.709, and 6- 4.1109. It should be noted that this Policy only applies to residential potable water service, and does not include commercial water service, nor does it include any other  services provided by the City. II. Standard Discontinuation Timeline  An account shall be deemed delinquent if full payment for service has not been received within thirty (30) days from the issuance of the bill. Customers will be subject to discontinuation after their payment has been delinquent for sixty (60) days or more. Delinquent customers will be notified via written notice of their impending discontinuation at least seven (7) business days before discontinuation for lack of Notices will be mailed to the residence to which residential service is provided. Ifthe account holder does not live at the residence where service is provided, a notice will also be mailed to the billing address of the account holder. Ini that situation, the notice mailed to the residence where service is being provided will be addressed to The City will make a reasonable attempt to contact an adult person residing at the premises subject to discontinuation by telephone or personal contact at least 24 hours prior to termination of water service. If the City is not able to contact a person residing at the premises, the City shall post a notice of termination of service at least Customers may call the City Finance Department to discuss their account and ways to avert discontinuation at (559) 834-3113 ext. 100 (business hours are Monday-Friday,  payment.  "Occupant".  48 hours prior to termination.  8:00 a.m. - 5:00 p.m., lunch from 12:00 p.m. - 1:00 p.m.).  1    City of Fowler October 19, 2020  Residential Water Service Discontinuation Policy  If a customer's service is discontinued for nonpayment, the City will provide information to the customer on how to restore service to their property. These discontinuation policies only apply to customers who are subject to discontinuation for nonpayment of water services. Individuals may have their water shutoff immediately for any of the reasons provided in Municipal Code section 6-  4.1109, subdivision (a). II. Written Notices  All written notices under this Policy must include the following:  Customer name and address Amount of delinquency  Date by which payment or arrangement for payment is required in order to Process to apply for an extension of time to pay the delinquent charges (see Process by which customer may request a deferred payment or payment Procedure toj petition for bill review and appeal (see Section V)  avoid discontinuation ofr residential service  Section IV)  arrangement (see Section IV)  IV. Deferred Payments and Other Payment Arrangements  Circumstances may arise when customers are unable to make a scheduled residential water service payment. In such circumstances, they may request to defer payment or set up a payment arrangement. The City of Fowler shall offer either of the following: Deferred payment - customers may be granted a one-time deferral of the entire Payment arrangement = customers may be granted the opportunity to pay the statement balance over a period not exceeding twelve (12) months. This may be done These options will be available to customers only one time per twelve (12)-month period. Customers shall fill out and sign any arrangement in a form prescribed by the City. It should be noted that, while a customer is paying a particular billing-cycle balance on either a deferred payment or payment arrangement, they must stay current A customer may be subject to discontinuation of residential water service if they are sixty (60) days late on either their deferred payment or payment arrangement  statement balance for a period not exceeding twelve (12) months.  over weekly, bi-weekly, or monthly installments.  on both the arrangement and the current services.  2    City ofFowler October 19, 2020  Residential Water Service Discontinuation Policy  described above, or sixty (60) days late on or their current services payment. Customers will be notified according to Policy Sections II and III ofany imminent Ifa customer fails to comply with their payment arrangement with the City for sixty (60) days, or fails to pay their current residential service charges while under a payment arrangement with the City for sixty (60) days, the City may discontinue residential water service within five (5) days after City posts a final notice ofintent to disconnect service at the location ofwhere water service is being provided.  discontinuation.  V. Appeals  Any customer wishing to appeal their bill, or notice ofdiscontinuation for residential water service, shall direct such appeals, in writing, to the City Clerk at 128 S. Sth Street, Fowler, CA 93625. Appeals ofbills must be received no later than the billing due date ofthe bill being appealed. Appeals of discontinuation of residential water service must be received no later than five (5) business days prior to the water shutoff date. The scope ofthe appeal shall be limited to a particular bill that is due, or the City ofFowler staffwill review the written appeal and contact the customer to discuss all circumstances surrounding the appeal. Once all facts and circumstances have been discussed and reviewed, the decision of the Finance Director will be made and thereafter communicated to the customer. Discontinuation ofresidential water service will not occur while an appeal is pending. However, adjustments to the billing can either decrease or increase the amount, and all amounts due from the billing cycle will be due immediately upon the completion ofthe appeal process, or subject to such terms ofan alternate payment arrangement should the parties agree as such.  discontinuation ofservice notice.  VI Service Reconnection Fees  Service reconnection fees shall be set by Council resolution, and must be paid prior to water service being reconnected. (See Fowler Municipal Code section 6-4.1109, subd. Pursuant to the Water Shutoff Protection Act, reconnection fees should be set at fifty dollars ($50) for reconnections during normal business hours, and one hundred and Reconnection fees shall be subject to an armual adjustment for changes in the  (t).)  fifty dollars ($150) for reconnection during non-business hours. Consumer Price Index (CPI) beginning January 1, 2021.  3    City of Fowler October 19, 2020  Residential Water Service Discontinuation Policy  VII. Residential Tenants/Occupants in an Individually Metered Residence  The City shall make a reasonable, good-faith effort to inform tenants/occupants, by means of a written notice, when the water service is in arrears and subject to disconnection at least ten (10) days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become customers of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at that address. In order for this arrangement to proceed, the tenant/occupant must provide verification of tenancy by submitting to the City a signed authorization from the recorded owner of the property where service is being The City is not required to provide residential water service to any applicant who is  requested.  unable to meet the City's terms and conditions for service.  Awdos02s000rypo00811856DOCK  4    ITEM  8D  MEMORANDUM  TO: FROM: DATE: CC:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER IMPROVEMENIS - ATPL5173 (031) NOVEMBER 17,2020  SUBJECT: ACCEPTANCE OF TEMPERANCE & WALTER PEDESTRAIN  DARIO DOMINGUEZ-I PUBLIC WORKS DIRECTOR  REQUESTED/ ACTON/AECOMAERDATON  Accept the City of Fowler Temperance & Walter Pedestrian Improvements ATPL 5173 (031) Project constructed by Power Design Electric, Inc. and authorize the City Engineer to  file the Notice of Completion. DISCUSSION  The City Council previously awarded a contract to Power Design Electric, Inc. for construction of the Temperance & Walter Pedestrian Improvements 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  8E  STAFF REPORT  DATE: To:  10/24/20  Honorable Mayor and City Council Members  FROM: Randy Uyeda  SUBJECT: ONLINE UTILITY PAYMENT USER AGREEMENT  The City is using a temporary online payment system provided by our Sales Tax Consultants (HdL) while we continue to develop our own system with Infrosend, our current Utility Bill Part oft the requirements oft the online payment system the "User Agreement" which outlines the "Terms of Service" between the Customer (User) and the City. This is similar to the credit card agreement most people acknowledge when applying for a credit and outlines the terms,  mailing service.  conditions and remedies (ifany) in case of problems. sO we can proceed with the development oft the City system.  Itis hereby requested the City review and approve the Online Utility Payment User Agreement    Terms of Service City of Fowler Online BillPay Site  Effective Date: January 1, 2020  These Terms of Service, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, the "Terms of Service"), sets forth a legally binding agreement between you and the City of Fowler (as defined below) ("City of Fowler' * "we," "us," or "our"). These Terms of Service govern your access to and use ofany City of Fowler websites that link to these Terms of Service, including the website located at htpsy/bilpyonimelilerellercomlebpplowle! (the "Site"), and any content, functionality and services offered on or through the Site, whether as a guest or ai registered user, including the Online BillPay Services (as defined below) (collectively, the "Services"). In addition, the City of Fowler Terms ofUse and Privacy Notice are hereby incorporated and made aj part ofthese Terms of Service by this reference. Please read these Terms of Service carefully before accessing or  using the Site or any Services. 1.Acceptance of Terms; Binding Effect  By using the Services (whether as a guest or ai registered user), or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to be bound by these Terms of Service and to abide by all laws with regard to your use oft the Services. Except as specified herein, these Terms of Service govern your use ofthe Services, including. without limitation, the Online BillPay Services (as defined below). IN ORDER TOUSE THE SERVICES, YOU MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO] BE BOUND. BY THESE TERMS OF SERVICE, YOU MAY NOT USE THE In addition to these Terms of Service, your use of certain Services may require you to accept additional terms and conditions applicable to such Services, including, without limitation, any additional terms and conditions applicable to the Online BillPay Service (collectively, "Additional Terms"). When using particular Services, you shall be subject to any rules or policies applicable to such Services that may be posted or made available to you through the Services from time to time (collectively, the "City of] Fowler Policies"). The Additional Terms and City of] Fowler Policies are hereby incorporated and made a part oft these Terms of Service In the event of any direct conflict or inconsistency between the provisions contained in these Terms of Service and the provisions contained in the Terms ofUse, the provisions oft these  SERVICES.  by this reference.  Terms of Service will govern and control. 2. Changes to Terms of Service  City of Fowler reserves the right, at its sole discretion, to change, modify, update or supplement these Terms of Service and any Additional Terms that apply to a Service, at any time, including to reflect changes to the law or changes to the Services. When these changes are made, City of Fowler will make ai new version oft these Terms of Service available on the Site and any    Additional Terms will be made available to you from within, or through, the affected Services. All changes are effective immediately when we post them or otherwise make them available to you, and apply to all use ofthe Services thereafter. You acknowledge and agree that ifyou use the Services after the date on which these Terms of Service have changed, City ofFowler will treat your use as acceptance of the modified or updated Terms of Service. Iti is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes will mean that you accept and agree to the changes. Ifany changes are unacceptable to you, you must cease any further use oft the Services.  3. City of Fowler Account Creation  You may need to create a City of Fowler account in order to access and use the Services. To protect your City ofl Fowler account, please keep your username and password strictly confidential. You are solely responsible for maintaining the confidentiality of your username, password and other account information, and are fully responsible for all activities performed through use under your City of Fowler account. Ifr required, you will create a username and password for your City of Fowler account. You must provide accurate, complete and current registration information when you register and create a City of Fowler account. In consideration ofy your use of the Services, you agree to: (i) provide true, accurate, current, and complete registration information about yourself as prompted by the Service; and (ii): maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any registration information that is untrue, inaccurate, not current or incomplete. City of Fowler has the right tol limit, suspend or terminate your account and your access to the Services (or any portion thereof). You agree to immediately notify City of Fowler ofany unauthorized use of your City ofl Fowler account and ensure that you exit from your account at the end ofe each session. City ofl Fowler will not be liable for any damages arising from your  failure to comply with this Section. 4. Online BillPay Service  Registered users with an active City of Fowler account may access and use the City ofFowler online billing and online payment services that are accessible through the Site, which are made accessible and provided by City ofl Fowler (collectively, the "Online BillPay Service"). The Online BillPay Service is provided to you by City of Fowler to facilitate access to view and pay your bills online. The Online BillPay Service sends information about your City ofFowler account directly to your email address and, subject to the terms and conditions set forth herein, allows you to pay: your bills online. This email will include a link that will direct you to the Site where you can login to your City of Fowler account and obtain a digital or electronic copy of your bill. A third-party service provider that specializes in electronic bill processing and presentment, hosts the Online BillPay Service. By using the Online BillPay Service, you acknowledge and consent that, depending on the type of payment method used, the payment processing services for the Online BillPay Service are provided by a third-party service provider. By accessing or using the Online BillPay Service, you acknowledge and consent that the Online BillPay Service is made available to you by City of Fowler that has granted you (or the person authorizing you to access and use the Online BillPay Service on their behalf). By accessing or    using the Online BillPay Service, you acknowledge and agree that in no event shall City of Fowler be responsible or otherwise liable for any issues or disputes arising from or relating to any bills, invoices, statements, correspondences or other materials (including any and all information set forth therein) that are made available to you by or through the Online BillPay Services, including, without limitation, any errors, inaccuracies, deficiencies or omissions with  respect to such information.  5. Fees  City ofl Fowler charges you a fee for paying your bill using the Online BillPay Service. However, your eligible bank or other financial institution ("Financial Institution") may charge you additional fees related to your Bank or Credit Card (e.g., fees for attempting transfers without sufficient funds). Ifa transaction is not honored by your Financial Institution, City ofFowler may charge additional fees to your City of] Fowler account. City of Fowler reserves the right to begin charging fees for the Online BillPay Service after reasonable notice is provided to  registered users using the Online BillPay Service. 6. City of Fowler Account for Online BillPay Service  You must create a City ofFowler account in order to access and use the Online BillPay Services. As a user oft the Online BillPay Service, it is your responsibility to ensure that your contact and other required information such as your name and email address and bank account information is current, accurate, and updated promptly. Ify your contact information is not correct, City of Fowler will be unable to communicate with you regarding your City ofF Fowler account. You agree that you will not provide false or inaçcurate information when accessing or using the Online BillPay Service. You also agree that you will not falsify, forge, or otherwise tamper with any information ini the emails you receive as part oft the Online BillPay Service. You must treat your account information (including, without limitation, your username, password, and any other piece ofinformation required as part of our security procedures) as confidential, and you must not disçlose the foregoing to any other person or entity. You agree to notify us immediately of any unauthorized access to or use ofyour username or password or any other breach of security. You agree to be responsible for any use ofthe Services using your username, password, or other security information. Wel have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, ifyou violate any provision ofthese  Terms of Service. 7. Online Billing  The Online BillPay Service allows you to view your bill. Online bills are electronic versions of your paper bill that you will be able to receive, view, and pay online. All information you receive in your City ofl Fowler paper bill is presented online, and the frequency of the bill remains the same. You can print your bill for your records, and set reminders to pay your bill when payment is due. You are responsible for paying your bill in full and on time regardless ofwhether you receive ai notification from or on behalf ofCity of] Fowler. Late payment notices may be sent  electronically or by U.S. Mail to the mailing address on record.    8.) Paperless Billing  Ify you no longer want to receive aj paper bill, you have the option to enroll in paperless billing. When you enroll inj paperless billing, your bill will be available for viewing online and City of Fowler will no longer send you aj paper billi in the mail for those registered City ofFowler account(s). You may decide to withdraw from participating in the paperless billing program at any time without penalty. Ifyou wish to cancel your participation in the paperless billing  program, you may do sO within your account settings.  9.1 Bank Card  Toj pay your bill using the Online BillPay Service, you must designate an eligible deposit or other asset account accessible by a credit card or debit card ("Bank Card") at your Financial Institution from which payments will be made using. You hereby agree that, by scheduling automatic payments or a single payment from your Bank Card, you authorize City of Fowler to initiate debit entries to your. Bank Card in such amount(s), initiate any debit or credit entries to your Bank Card necessary to correct any error in aj payment, and communicate with your Financial Institution regarding your Bank Card, participation in and use of the Online BillPay Service. You also must authorize your Financial Institution to debit or credit your Bank Card in the amount ofs such payments or corrections. You represent that you have all necessary right, power, and authority to authorize each: such payment, and that you will take such steps as your Financial Institution requires to make such authorization. This authorization shall remain in full force and effect until City of Fowler has received notice from you of your termination of such authorization in such time and in such manner as to afford City ofFowler and your Financial Institution ai reasonable period of time to respond and act upon your written notice.  10. Payment Amount Limitations  For payments made through the Online BilIPay Service, the amount of funds you: may use is limited by the amount ofavailable funds you have on your Bank Card, including any overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds on your Bank Card to satisfy your Bill Payments and that City of Fowler will have no obligation to complete a transaction ifs sufficient funds are not available at the time your payment is submitted. You understand and agree that City ofFowler 's access to your Bank Card may be limited by your agreement(s) with your Financial Institution governing the Bank Card and by  applicable law. 11. Payment Processing  City of Fowler will update account balances and activity information daily, Monday through Friday, excluding holidays. City ofFowler will not be liable for any inability to access or use the Online BillPay Service, or for any failure to update any information, for whatever reason. Payments made Monday through Friday before 8pm Pacific Time will post to your account the next business day. Payments made after 8pm Pacific Time or on weekends or holidays will post to your account on the following business day (i.e., Monday through Friday, except for holidays). To avoid late payment please ensure that your payment is made prior to 8pm Pacific    Time on the due date oft the bill. You are solely responsible for making payments sufficiently  prior to the due date.  12. Recurring Payment Program  Recurring payments and automatic payments will continue to be processed against your Bank Card information on file until your notice of change has been received and processed by City of Fowler, CA. Changes to your contact and other information can be made online within your account settings. City of Fowler reserves the right to terminate your participation in the recurring  payment program if your payment is rejected repeatedly.  13. Refund Policy  Payments made in excess ofthe total amount due as set forth in the applicable bill will show as a credit on your next bill. Questions concerning refunds of erroneous payments may be directed to City ofl Fowler Customer Service. Ifapproved, the refund will be made in the form ofa credit on your City ofl Fowler account or, if no further amounts are due to City of Fowler, CA, then in the  form of a check made payable to the name on your account.  14. Privacy and Security  When you use the Online BillPay Service, you provide us with different types ofinformation. You acknowledge and agree that City of Fowler and our third-party service providers may receive personal information in connection with your use oft the Online BillPay Service. Please read our Privacy Notice, which explains how we collect, use and share information through the Online BillPay Service, as well as your choices regarding these activities. The Privacy Notice applies to use of the Online BillPay Service. The Online BillPay Service conforms to industry standards utilizing Secure Sockets Layer ("SSL") technology. By using SSL, we attempt to safeguard the confidentiality of your username, password and other personal information. For SSL to work, the internet browser you use must be capable of supporting SSL. Please check your  browser to ensure it supports SSL. 15. Unauthorized Transfers  Ifyou believe someone has improperly accessed your Bank Card through the Online BillPay Service without your permission, please contact the City ofl Fowlerimmediately. You should also immediately contact your. Financial Institution. Please be aware that you are solely responsible for any unauthorized transfers, although your Financial Institution may provide some  form ofi fraud protection.  16. Termination of Online BillPay Service  You may choose to cançel the Online BillPay Service at any time with no fee. If you wish to discontinue the Online BillPay Service, or discontinue automatic payments while still using the Online BillPay Service to pay individual bills, you may cancel by logging into your account and cancelling your enrollment. Your termination will be effective immediately upon your    cancellation. City ofl Fowler may suspend or terminate your access to the Online BillPay Service at any time, without notice and for any reason. City of Fowler will use: reasonable efforts to notify you of any material change to the Online BillPay Service or the suspension or termination ofthe Online BillPay Service by notifying you or posting ai notice on the City of Fowler website, provided that City of] Fowler shall not be required to do so nor shall City of Fowler be liable for any failure to do sO. City of Fowler reserves the right to discontinue the Online BillPay Service  at any time for any reason upon notice. 17. Services Offered by Third Parties  City of Fowler may from time to time make available to you the opportunity to purchase, access or otherwise use certain products or services by or through the Services from companies other than City ofFowler, CA. Any purchase or use of such third-party products and services will be subject to the terms and conditions oft the applicable third parties offering such products or services. Please read those terms and conditions carefully before purchasing or using any such third-party products and services. You expressly acknowledge and agree that we: make no representations or warranties, express or implied, with respect to such third-party products or services and wel have no responsibility or liability ofany kind or nature whatsoever with respect Your correspondence or dealings with or participation inj promotions oft third-party providers, vendors, and/or resources made available by or through the Services, including payment and delivery ofi related goods or services, and any other terms, conditions, warranties, or representations associated with: such correspondence or dealings, are solely between you and such third-party providers, vendors or resources. You acknowledge and agree that City of Fowler shall not be responsible or liable for any loss or damage ofany sort incurred as the result ofany such dealings or as the result of such resources that are accessible or made available by or The Services may provide or make available links to certain third-party websites and resources on the Internet. The Services may also enable you to access certain outside services provided by third-party web operators. In certain instances, the third-party content may be "framed" in such a wayi it appears you are still on the Site. You acknowledge and agree that City of Fowler is not responsible for the availability ofs such external websites or resources, and City ofFowler does not endorse and is not responsible or liable for any content, advertising, products, services or other materials provided on or otherwise made available from such websites or resources. You further acknowledge and agree that City of Fowler shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by ori in connection with use of or reliance on any such content, advertising, products, services or other materials available on or  to such third-party products or services.  through the Services.  through any such websites or resources. 18. Personal Information  From time to time, City ofl Fowler may send surveys requesting your interest or feedback on services or educational programs. If you choose to respond, this information may include collection and disclosure of your personal information. This information is collected only on    behalf of City of] Fowler, CA. Please visit our Privacy Policy page to see the notice of privacy  practices concerning your protected personal information.  19. Disclaimer  The Services provide registered and unregistered users with access to various types of information regarding City of Fowler services usage. Certain information will only be made available to registered users. Any and all information that is accessible or otherwise made available to you by or through the Services (including any use thereof) is provided on an "as is" and' "as available" basis. On occasion, information on that is accessible or made available to you by or through the Services may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update any information that is accessible or otherwise made available to you from time to time by or through the Services for any reason, including, without limitation, ifsuch information is incorrect, inaccurate or YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING ANY AND ALL INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES) IS. AT YOUR SOLE RISK. THE SERVICES (INCLUDING ANY ANDALL INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES) IS PROVIDED ONAN-"ASIS", AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILIY, FITNESS FOR. A PARTICULAR PURPOSE, ANDNON-NPRINGEMENT: WE MAKENO WARRANTY THAT THE SERVICES (INCLUDING ANY AND ALL INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES) WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR WILL OTHERWISE BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THATTHE: RESULTS THAT MAY BE OBTAINED BY OR FROM. ACCESS OR USE OF THE SERVICES WILL BE. ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY  incomplete.  ERRORS IN THE SERVICES WILL BE CORRECTED. 20. Limitation of Liability and Release of Claims  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR OUR AFFILIATES. SUBSIDIARIES, LICENSORS, SERVICE! PROVIDERS, SHAREHOLDERS. MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUTNOT: LIMITEDTO. DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING    FROM: (I). ACCESS TO OR THE USE OF ANY SERVICES, OR THE INABILITYTO ACCESS OR USE. ANY OF THE SERVICES; (II). ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TOOR. ALTERATION OF YOUR TRANSMISSIONSOR DATA; OR (V,STATEMENTS OR CONDUCT OF ANY THIRD PARIYTIROUGHTHE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY. AND ALL CLAIMSANDOR LIABILITY AGAINST City of Fowler AND OUR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS ARISING FROM OR RELATING  TO YOUR USE OF THE SERVICES.  21. Indemnification  You agree to indemnify, defend, and hold harmless City of Fowler, its affiliates. subsidiaries, and each oftheir respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes ofa action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys' fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any oft the foregoing) arising out of or in connection with: (i): your violation of these Terms of Service, including, without limitation, the Terms ofUse; (ii) your use ofthe Services; (ii) your violation ofa another person's rights; (iv)your violation oflaw, or (v) any negligent, intentional or reckless action or omission by you. This indemnification obligation will continue after you stop using the Services. In addition, you release City of Fowler from all claims, demands, actions, or suits in connection with any content, information, data or materials that you upload, post, email or otherwise transmit by or through the Services, including, without limitation, any liability related to our use or non-use ofany of the foregoing, claims for defamation, invasion of privacy, right of publicity,  emotional distress or economic loss.  22. Notices; Consent to Electronic Communications  By using the Online BillPay Service, you agree that any and all disclosures and communications regarding the Online BillPay Service between you and City of Fowler may be made electronically, including by City ofl Fowler posting to the City of Fowler website in accordance with applicable law. Any electronic disclosure or communication City of Fowler makes will be considered made when transmitted by City of Fowler or otherwise posted to the City of Fowler website. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices, disclosures and  communications be in writing. 23. Compliance with Applicable Laws  You represent, warrant and agree that you can and will comply with all applicable laws in accessing and using the Services and you will not perform or fail toj perform any act that you know or reasonably should know would place City of Fowler in violation of any applicable law. You agree to comply with all laws and regulations regarding online conduct and acceptable    content, as well as the transmission of data exported from the United States or the country from  which you access or use the Services. 24. Governing Law  These Terms of Service and your use oft the Services shall be governed by and construed for both substantive and procedural purposes in accordance with the laws oft the State of California, U.S.A., without giving effect to any principles ofany choice or conflict ofl law provision or rule (whether of the State of California or any otherjurisdiction) that would cause the laws ofany jurisdiction other than those oft the State of California to apply. The Services are intended to comply with U.S. state and federal laws and regulations. Ifyou are ai non-U.S.-based user. be advised that other countries may have laws, regulatory requirements that are different from those  ini the U.S.  25. Arbitration and Venue  Any dispute relating in any way to your use oft the Services shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate reliefin any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing oft the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. The selected arbitrator must have expertise in the subject matter ofthe dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever: shall first occur). The arbitrator award shall be binding and may be entered as aj judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise  required by law. 26. Class Action Waiver  To the fullest extent permitted by law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOUNOR WE WILL BE. ENTITLED TOJOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM. AS A CLASS REPRESENTATIVE, CLASS MEMBER, ORI IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) personal claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral    tribunal has no power to consider the enforceability oft this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.  27. Miscellaneous  The division of these Terms of Service into sections and the headings oft the various sections in these Terms of Service are for convenience ofr reference only and shall not affect the construction ori interpretation ofthese Terms of Service. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter ofthe agreement in the event ofany inconsistency or ambiguity in such agreement shall not apply to these Terms of Service. Our failure to insist upon or enforce strict performance ofa any provision oft these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course ofconduct between the parties nor trade practice shall act to modify any of these Terms of Service. We may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent. You will not assign any ofy your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation ofthis Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms ofService. There shall be no third-party beneficiaries to these Terms of Service. Any provision ofthese' Terms of Service that contemplates performance or observance subsequent to any expiration or termination of these Terms ofs Service, or which is otherwise necessary to interpret the respective rights and obligations oft the parties hereunder, shall survive any expiration or termination oft these Terms of Service and continue in full force and effect. Ifany provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with our Privacy Notice and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereofand supersede in their entirety any and all written or oral agreements previously existing between the parties with  respect to such subject matter. 28. Questions  Ify you have any questions or comments regarding these Terms of Service or the Services. please  feel free to contact City ofFowler Customer Service.