1908 AGENDA MAY 5, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  FOWLER CITY COUNCIL MEETING  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 vla teleconference. Please note: when Joining the meeting you will be asked your name which will be used to identify  you during any publlc comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  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  the City's website at www.fowlerciy.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 5r 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 in full, further. reading of the resolution or ordinance shall be Public Hearing - Consider and Adopt Resolution No. 2464, "A Resolution of the City Council of the City of Fowler Establishing a Fee Schedule for Copies of Public  deemed waived by unanimous consent of the Council.  4.  Records" Communications  5.  1    6.  Staff Reports  A) Approve Resolution No. 2465, "A Resolution of the City Council of the City of Fowler of Intention to Levy and Collect the Annual Assessments for Landscaping and Storm Drainage Facilities Maintenance District No. 1"  B) City Manager's Report  COVID-19 Update  C) Public Works Director's Report  Second Reading of Ordinance No. 2020-03, " An Ordinance Adding Chapter 4 to Title 7 of the Fowler Municipal Code to Provide Informal Bidding Procedures Under the Uniform Public Construction Cost  Accounting Act"  D) Finance Department Report E) Police Department Report F) Fire Department Report City Attorney's Report  7. 8.  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 - May 5, 2020  B) Approve Minutes of the City Council Meeting - April 21, 2020 9. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councilmember Kazarian Councimember Parra Councilmember Rodriquez  10. Adjournment  Next Ordinance No. 2020-04  Next Resolution No. 2466  2    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, May 1, 2020.  Crw foe Corina Burrola Deputy City Clerk  3    ITEM 4  RESOLUTION NO.2464  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER ESTABLISHING A FEE SCHEDULE FOR COPIES OF PUBLIC RECORDS WHEREAS, on January 20, 2004, the City Council adopted Resolution No. 1940 establishing a fee schedule for copies of public records ("2004 Fee Schedule"), ,including fees for  standing requests for meeting agendas and minutes; and  WHEREAS, with advances in technology and the internet, City Council, Planning Commission, and Recreation Commission agendas are now available on the City's website, and easily accessible to the public, and, therefore, there is no longer a need for a fee for standing  requests ofthose records; and  WHEREAS, at the time of adoption of the 2004 Fee Schedule, the Finance Director  prepared a cost analysis for copying paper records broken down as follows:  Copier costs: $0.13 per copy Maintenance $0.01 per copy  Paper Subtotal:  $0.01 per copy $0.15 per copy  Added to these costs were labor costs for running the copy machine based upon clerical staffaverage salary, which was determined to be $0.85 for the first page and $0.35 for each  additional page. Total copy costs therefore came to:  First page: $1.00 Second page: $0.50  WHEREAS, the costs set forth in the 2004 Fee Schedule were reasonable at the time WHEREAS, with modern technology and advanced scanners, most records are now WHEREAS, charging fees for the occasional request or need to provide paper copies has WHEREAS, the California Public Records Act, Government Code section 6250 et seq., sets forth the limits on what the City can charge for producing copies of public records; and WHEREAS, section 6253(b), provides that the City may charge "fees covering the direct  they were adopted, fully supported by a cost analysis; and provided electronically by e-mail free of charge; and  not proven to be al burden or dissuaded anyone from requesting records; and  costs of duplication"; and    WHEREAS, section 6253.9(a)(2), relating to records in electronic format, provides that WHEREAS, California Courts have interpreted "direct costs" to include the actual costs of duplicating the records, but not those tasks necessarily associated with retrieval, inspection,  the City may charge for "the direct cost of producing a copy ofai record"; and  and! handling oft the file from which copy is extracted; and  WHEREAS, for electronic records, section 6253.9(a)(2) elaborates further, allowing the City to recover specified ancillary costs in either oft two cases: (1) when the City must produce a copy ofthe electronic record between regularly scheduled intervals of production; or (2) when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record. Under those circumstances, the City may charge "the cost to construct a record, and the cost ofp programming and computer services necessary to produce a copy oft the record." (County ofSanta Clara V. Sup. Ct. (2009) 170C Cal.App.4th 1301, 1336.);  and  WHEREAS, the 2004 Fee Schedule has been reevaluated, and the Finance Director has WHEREAS, the Finance Director and City Clerk also conducted a review ofwhat many other cities charge throughout the State, including a number of other cities in the Central Valley,  prepared a new cost analysis attached hereto as Exhibit A; and  and the results are attached hereto as Exhibit B.  NOW,THEREFORE, THE CITY COUNCIL FINDS AS FOLLOWS:  1. 2.  Based on the analysis set forth in Exhibit A, the direct costs of duplication for Based on the results of the review set forth in Exhibit B, the average costs  paper copies are as follows: $1.56 first page, $.53 second page..  charged by cities statewide is between $ .21 to $.65 per copy, and the average costs charged by  cities in the Central Valley is approximately $. .24 per copy.  NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS  FOLLOWS: 1.  The fees for providing paper copies under the Public Records Act shall be $ .25  per page for black and white copies and $.45 per page for color copies, which is less than the City'sa actual duplication costs, but consistent with the average costs charged by other cities in  the State.  2. The fees for providing electronic copies shall be the costs oft the medium (CD, flash drive), or as otherwise authorized by applicable law, including without limitation  Government Code section 6253.9.  2    The foregoing resolution was approved at a regular meeting oft the City Council oft the  City of Fowler held on May 5, 2020, by the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  Jeannie Davis, City Clerk  Fidocs0025000ikes069607.DOCX  3    Exhibit A  Cost Analysis Copy cost of paperrecords Copier Costs .15 per copy Maintenance .02 per copy  $0.15 $0.02 $0.01 $0.18  Paper Sub Total  .01 per copy  Labor- staff time to make copy  .69 per minute, assume 2 minute setup = $1.38 .35 per minute based on 30 sec staff time per page  $1.38 first page $0.35 next page/s  Total cost First page Second page Color, add 10% First page Second page  $1.56 $0.53 $1.71 $0.58    ExhibitB Cities- Costf for Coples  CDor electronic DVDsor $5 $14  Costpercopy/1 1st $0.60 $0.20 $0.20 sozo)tirtacopiwsfiee copies $0.25 $0.25 lessthan 10pes $0.20 sozowe51.00coler $0.50 $0.05 $0.25 S025DSpgnadg $L00 $0.25 $1.00 $0.10 $0.26 $0.26 50.45/pageNon Residents. Color: 45, S.35/resident, $.45 $035 S0.35)nonresident: $5 nonsesident $0.15 $0.15 $0.20 $020 $D.25 S02Slegalstes60 $1.00 $0.10 $0.15 $0.10 $0.25 $0.25 $0.10. $0.10 $1.70 $o.05 $0.50 $050 $0.75 $015 $0.25 $0.25 $0.37 $037 $o.z0 $0.20 $0.10 $0.10 $0.20! $0.20 $0.10 $0.10m mustbedoubles sided Nofee $0.50 $o50 $0.25 $0.25 $1.25 $0.25 $0.40 $0.40 70/pagefor1 11'x17 Nofee $025 $0.25 $1.00 $0.08 jlessthan1 10- free. Moret than 10pages- so.08/pagef formore $0.10 $o.10.1 10ea $0.50 $02551.00color 0-2free. Color:$.50 for0-2, $5:3-10,$5 +50eamoreth than10. 3-10$1.00/11or Nocopyinge ofnon-city more 1.00.. 10ea $012/documents Cotor: $.25/page $.35 $0.10 so.10legalsz $0.25 $0.10 $0.20 $o20 $0.25 $0.2551.00color $0.25 $0.25s1.00colar $0.20 $0.20 $15.00 S01555loakupdharge $0.20 $020 $o.30/pp- 1-30 s.20/ppthereafter. saSretrievalfee! .30page $0.30 $0.20offsites storage Over3 30pgs-$.20 $0.25 $0.25 $0.15 $0.1550forralor s0.50fore colors scan $0.15 $0.15 $0.25 $0.25 $0.25 $025 $0.15 $015s0forcoler $1.00 $0.15 $0.25 $0255.60color Scopiesorlessfeeis $0.20 $0.20waived $0.30 5030s.sOlegalsite Nofee $0.25 50.25 $0.65 $0.21  DateFeelast  City Azusa Antioch Belmont Benesia Burbank Capitola Chowchilla chulay Vista Coalinga Duarte Fullerton Grand Terrace Greenfield Gridley Huntington Park Kerman Kingsbure LaPalma LaHabra take Forest Lakewood Lancaster Lawndale Lemoore_ Lomalinda ManhaltanB Beach Mendota Milbrae Mission Vieja Morro Bay Norwalk Ojai PleasantHill Porth Hueneme Reedley RioDell Sacramento Sanc Clemente Sanger SantaCruz SantaM Monica Selma Shafter SignalHl Talt ThousandOaks Tracy Upland Vacaville Vista Wasco WestCovina WestSacramento Westminster average  Page Cost-2ndPage, Additionalinfo. Cost-Scanned Copy copy Videotapes usB/Flash Updated ValleyCities  0.20/pagef first4  Zyrst $8.50 2010 2016 2009 2006 2017 $0.25 $0.10 2016  0.25 0.26  NoFee $0.15/page Nofee NoFee Nofee  $0.10 $o.so  $1 $2 $5 2004 $20 $z0 0.25 $15 $15 $1 $19 $S $5.50 $26.25 $5 $5 Slppelec. Dors. cDS2 $s $20 $20  1/1/20 2018 unknown 2014  than1 10pages  2016 2009  $0.25 $0.20 $0.25  NoFee  $5 $5 2019  Nofee  2015 10ryears currently underreview 2019  50.10/page  $0.24    ITEM  6A  STAFF REPORT  TO: FROM:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: LANDSCAPING AND STORM DRAINAGE FACILITIES  MAINTENANCE DISTRICT NO. 1 ANNUAL. ASSESSMENTS  DATE: CC:  5/05/2020  JEANNIE DAVIS, CITY MANAGER  REQUESTED ACTION:  Adopt Resolution No. 2465, apptoving the engineer's report pursuant to the Landscaping and Lighting Act of 1972 for the annual renewal of the Landscaping and Lighting District for fiscal year 2020-2021, set a public hearing for May 19, 2020, and authorize proceedings  for the annual levy and collection of assessments.  DISCUSSION:  The City provides for the operations and maintenance of landscaping and storm drainage facilities within various improved developments throughout the City of Fowler. The District, which was formed pursuant to the Landscaping and Lighting Act of 1972, provides for assessing parcels within these developed areas to fund these maintenance and operations activities. The District must be renewed annually through a series of City Council resolutions, culminating with a public hearing. The public hearing and adoption of a final In order to renew the districts, an assessment engineer must review and develop the benefit assessments for each parcel. Those assessments are based on the proposed budget for FY  resolution are proposed for the Council Meeting ofl May 19,2020.  2020-2021.  REQUESTED ACTION:  Staff recommends that the City Council adopt Resolution No. 2465, approving the engineer's report pursuant to the Landscaping and Lighting Act of 1972 for the annual renewal of the Landscaping and Lighting District for fiscal year 2020-2021, set a public hearing for May 19, 2020, and authorize proceedings for the annual levy and collection of  assessments.    RESOLUTION NO. 2465  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER OF INTENTION TO LEVY AND COLLECT THE ANNUAL ASSESSMENTS FOR LANDSCAPING AND STORM DRAINAGE FACILITIES MAINTENANCE RESOLVED, by the City Council oft the City of Fowler, County ofF Fresno, California, that: 1. Itis the intention of the said Council to order the levy and collection of assessment under the Landscaping and Lighting Act of 1972, part two of Division 15 of the Streets and Highways Code (beginning with Section 22500 of said code and herein the "act") for the Landscaping and Storm Drainage Facilities Maintenance District No. 1 of the 2. The territory of City Landscaping and Storm Drainage Facilities Maintenance District No. li is comprised of various territories generally located on the attached vicinity map which is the real property benefited and to be assessed for the maintenance and operation of the landscaping facilities of Landscaping and Storm Drainage Facilities Maintenance District No. 1 generally described in Exhibit A attached hereto and by 3. The City Engineer has prepared and filed with the Clerk of the City of Fowler a report labeled Engineer's Report of the City of Fowler Landscaping and Storm Drainage Facilities Maintenance District No. 1, dated May 2020 to which reference is hereby made by a description of the existing improvements, the boundaries of the assessment district and any zones therein (including the general location), and the proposed assessment upon assessable lots and parcels of land within Landscaping and Storm 4. Notice is hereby given that on the 19!h day ofl May, 2020 at the hour of7:00 p.m. in the regular meeting place of the City Council of the City of Fowler Council Chambers City Hall, 128 S. Fifth Street, Fowler, California, 93625 are hereby fixed as the time and place when and where all interested persons shall be heard on the question of the levy 5.A A copy of this Resolution shall also be published once prior to the hearing in a newspaper of general circulation within the City of Fowler, at least 10 days prior to the  DISTRICT NO.1  City of Fowler for fiscal year 2020-2021.  reference incorporated herein.  Drainage Facilities Maintenance District No. 1.  and collection of the proposed assessments.  public hearing.    Ihereby certify that the foregoing is a full, true, and correct copy of a Resolution duly and regularly adopted by the City Council oft the City of Fowler at a meeting thereof held on the 5th  day of May, 2020, by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk    ITEM  6C  STAFF REPORT  DATE: TO: FROM:  May 5, 2020  Honorable Mayor and City Councilmembers Dario Dominguez, Public Works Director  SUBJECT: Second Reading: an Ordinance adding Chapter 4 ofTitle 7 of the Fowler  Municipal Code to Provide Informal Bidding Procedures under the Uniform  Public Construction Cost Accounting Act  RECOMMENDATION:  That City Council approves the second reading and adoption of Ordinance No. 2020-03, adding  procurement procedures for public contracts to the municipal code.  SUMMARY:  On April 21, 2020, the Council considered the first reading of Ordinance 2020-03. Today, we present the Second Reading with the amended language as suggested by the Council, that all public project contracts under $60,000 pursuant to the Act, other than those by force account As you recall from the discussion at the prior meeting, the UPCCAA provides three thresholds  (use of City employees), would require Council approval. for bidding on public projects and they are the following: Public Projects with cost estimates $60,000 or less: employees), by negotiated contract, or by purchase order. Public Projects with cost estimates between $60,000-5200,000:  The City can opt to complete project by force account (which means the City can use its own  The City may contract by the informal bidding procedures set forth in UPCCAA. Projects must still be competitively bid. Ifac contractor's list is available, they will get a notice inviting them to  informally bid.    Public Projects with cost estimates of $200,000 and over: These projects shall still be let to contract by formal bidding procedures.  Staff has the concern, however, that if all public works projects under $60,000 (other than projects to be completed by use of City employees) must come before the Council for approval, that it eliminates the purpose of streamlining projects under the UPPCAA provisions. This can create a situation, for example, where if the City had to contract with a tree service to remove a tree in the amount of $3,000, the project would have to be delayed and placed on the next City Council agenda for approval. Or, if the City needed to have repairs done to the HVAC in the amount of$ $12,000, it would: need to be processed through the City Council; or if thel Public Works Department had an approved budgeted item to install fencing around aj ponding basin in the amount of $30,000, this would also be required tol have Council approval, and the list goes on. As discussed at the prior meeting, the need for oversight and accountability is also imperative. In view of this, Staffi is proposing that the Council consider alternative ordinance language (Alternative #2) or other such language as the Council deems appropriate, regarding (a) Public projects of Sixty Thousand Dollars ($60,000.00) or less may be performed by City employees byJ force account, by negotiated contract, or by purchase order. Nowithstanding any provision in the Fowler Municipal Code to the contrary, and provided the expenditure is within the budget limitation, the City Manager is authorized. to approve the use of City employees for public projects, and may approve and. sign any contract or purchase order for public projects not exceeding $60,000.00, provided the City Manager reports the approval ofany such contract orA purchase order to the City Council at the next available City Council meeting.  contracts under $60,000:  FISCALIMPACT:  There is no fiscal impact. Avoiding complex bidding procedures on small projects will save staff time and resources and allow the City flexibility in awarding small public works contracts. The City should expect to save tens of thousands of dollars immediately and potentially hundreds of  thousands in the future.    ORDINANCE NO. 2020-03  AN ORDINANCE ADDING CHAPTER 4TOTITLE70F THE FOWLER MUNICIPAL CODE' TOFROVIDEINFORMAL BIDDING PROCEDURES UNDER THE UNIFORM  PUBLIC CONSTRUCTION COST ACCOUNTING ACT  The City Council oft the City of Fowler does hereby ordain as follows:  SECTION1. Findings.  A. The City of Fowler: is currently required to advertise, bid, and award "public projects" (as defined in Section 20161 of the California Public Contract Code) in excess of $5,000in accordance with formal bidding procedures set forth in the Public Contract Code. B. The City Council desires to enable the City of Fowler to use more efficient and less cumbersome bidding procedures for public projects as allowed by the Uniform Public C. The City Council has approved Resolution No. 2462 in accordance with Public Contract Code Section 22030, and thereby elected tol become subject to the uniform construction cost accounting procedures set forth in the Act and promulgated by the California Uniform D. Upon electing to become subject to the Act, Public Contract Code Section 22034 requires the City Council to enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Public Contract Code Section 22032 (currently set as those projects with expenditures between $60,000.01 and $200,000.00, but which amount is subject to change every five years by the State Controller upon recommendation NOW,THEREFORE, the City Council of the City of Fowler does ordain as follows: SECTION2. Chapter 4 of Title 7 oft the Fowler Municipal Code is hereby added in its entirety  Construction Cost Accounting Act ("Act").  Construction Cost Accounting Commission.  by the Commission).  toread as follows:  Chapter 4  PROCUREMENT PROCEDURES FOR PUBLICI PROJECTS  Sections: 7-4.01 7-4.02 7-4.03 7-4.04  Authority and Purpose. Definitions. Contracting Procedures. Severability.    7-4.01 - Authority and Purpose.  This chapter is adopted toi implement the procedures for contracting for public projects as  authorized by the Uniform Public Construction Cost Accounting Act.  7-4.02-I Delinitions.  For the purposes of this chapter, unless otherwise apparent from the context, certain words and (a) "Contractors list" shall mean a list of qualified contractors, identified according to categories of work. The minimum criteria for the development and maintenance of the list shall be determined by the California Uniform Construction Cost Accounting  phrases used in this chapter are defined as follows.  Commission.  (b) "Public project" is as defined in Section 22002 of the Public Contract Code, and means  any of the following, but does not include 'maintenance work":  (1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated (2) Painting or repainting of any publicly owned, leased, or operated facility.  facility.  (c) "Maintenance work" includes all of the following:  (1) Routine, recurring, and usual work for the preservation or protection of any  publicly owned or publicly operated facility.  (2) Minor repainting.  (3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, (5) Work performed tol keep, operate, and maintain publicly owned water,  planting, replacement of plants, and servicing ofi irrigation and sprinkler systems.  power, or waste disposal systems.  (d) Facility" is as defined in Section 22002 of the Public Contract Code, and means any plant, building, structure, ground facility, real property, streets and highways, or other  public work improvement. 7-4.03- Contracting procedures.  The dollar amount thresholds provided in this chapter shall automatically adjust to the dollar amount thresholds provided under Public Contract Code Section 22032 upon the effectiveness of any adjustment notification by the State Controller in accordance with Public Contract Code Section 22020, without the necessity of amending this chapter or any section or subdivision  herein to reflect any such adjustment.  2    (a) Public projects of Sixty Thousand Dollars ($60,000.00) or less may be performed by City employees by force account, by negotiated contract, or by purchase order. The City Manageri is authorized to approve the use of City employees for such public projects, and may sign any contract or purchase order approved by the City Council for such public projects. (b) Except as provided in subdivision (4) below, public projects of Two Hundred Thousand Dollars ($200,000.00) or less may be let to contract byi informal bidding procedures as follows: (1) Informal Bid Procedures. Public projects, in accordance with the limits  listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract  Code.  (2) Contractors List. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California  Uniform Construction Cost Accounting Commission.  (3) Notice Inviting Informal Bids. A notice inviting informal bids shall be  prepared, which notice shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed, not less than ten (10) calendar days before bids are due, to either all contractors on the Contractors list for the category of work to be bid, or to and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of (A) Ifthere is no Contractors list maintained by the City for the particular category of work to bej performed, the notice shall be sent only to the construction (B) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice may be sent  the department soliciting bids, provided, however:  trade journals specified by the Commission.  exclusively to such contractor or contractors.  (4) Award of Contracts. Contracts for public projects in excess of $60,000.00 shall be awarded by the City Council. Ifall bids received are in excess of $200,000.00, the City Council may, by adoption of a resolution by four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, ifi it determines  the project cost estimate was reasonable.  (c) Public projects of more than Two Hundred Thousand dollars ($200,000.00) shall, except as otherwise provided in this section, be let to contract by formal bidding procedure in accordance with applicable provisions of the Public Contract Code, including, but not limited  to, Public Contract Code Section 22037.  3    7-4.04-S Severability.  If any section, subsection, phrase, or clause oft 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 subsection, phrase, or clause thereofimrespective of the fact that any one or more sections, subsections, phrases,or  clauses be declared invalid.  SECTION3. This Ordinance shall take effect 30 days after its adoption.  SECTION 4. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again (15) days after its adoption. Ifas summary oft the ordinance is published, then the City Clerk shall cause a certified copy of the full text oft 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.  Ihereby certify that the foregoing Ordinance No. 2020-03 was introduced at a regular meeting of the City Council of the City of Fowler held on April 21, 2020, and was thereafter duly adopted at a regular meeting of said City Council held on May 5, 2020, by the following  vote:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  hludecs0023024TORP0749077DOCX  4    Alemative*2  ORDINANCE NO. 2020-03  AN ORDINANCE ADDING CHAPTER 4TO TITLE70F' THE FOWLER MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM  PUBLIC CONSTRUCTION COST ACCOUNTING ACT  The City Council of the City of Fowler does hereby ordain as follows:  SECTION 1. Findings.  A. The City of] Fowler is currently required to advertise, bid, and award "public projects" (as defined in Section 20161 of the California Public Contract Code) in excess of $5,000 in accordance with formal bidding procedures set forth in the Public Contract Code. B. The City Council desires to enable the City of Fowler to use more efficient and less cumbersome bidding procedures for public projects as allowed by the Uniform Public C. The City Council has approved Resolution No. 2462 in accordance with Public Contract Code Section 22030, and thereby elected to become subject to the uniform construction cost accounting procedures set forth in the Act and promulgated by the California Uniform D. Upon electing to become subject to the Act, Public Contract Code Section 22034 requires the City Council to enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Public Contract Code Section 22032 (currently set as those projects with expenditures between $60,000.01 and 9200,000.00, but which amount is subject to change every five years by the State Controller upon recommendation NOW,THEREFORE, the City Council of the City of Fowler does ordain as follows: SECTION2. Chapter 4 of' Title 7 oft the Fowler Municipal Code is hereby added ini its entirety  Construction Cost Accounting Act ("Act").  Construction Cost Accounting Commission.  by the Commission).  tor read as follows:  Chapter 4  PROCUREMENT PROCEDURES FOR PUBLIC PROJECTS  Sections: 7-4.01 7-4.02 7-4.03 7-4.04  Authority and Purpose. Definitions. Contracting Procedures. Severability.    7-4.01-A Authority and Purpose.  This chapter is adopted to implement the procedures for contracting for public projects as  authorized by the Uniform Public Construction Cost Accounting Act.  7-4.02-1 Definitions.  For the purposes of this chapter, unless otherwise apparent from the context, certain words and (a) "Contractors list" shall mean a list of qualified contractors, identified according to categories of work. The minimum criteria for the development and maintenance of the list shall be determined by the California Uniform Construction Cost Accounting  phrases used in this chapter are defined as follows.  Commission.  (b) "Public project" is as defined in Section 22002 of the Public Contract Code, and means  any of the following, but does not include "maintenance work":  (I) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated (2) Painting or repainting of any publicly owned, leased, or operated facility.  facility.  (c) "Maintenance work" includes all of the following:  (1) Routine, recurring, and usual work for the preservation or protection of any  publicly owned or publicly operated facility.  (2) Minor repainting.  (3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, (5) Work performed tol keep, operate, and maintain publicly owned water,  planting, replacement of plants, and servicing ofi irrigation and sprinkler systems.  power, or waste disposal systems.  (d) Facility" is as defined in Section 22002 of the Public Contract Code, and means any plant, building, structure, ground facility, real property, streets and highways, or other  public work improvement. 7-4.03- Contracting procedures.  The dollar amount thresholds provided in this chapter shall automatically adjust to the dollar amount thresholds provided under Public Contract Code Section 22032 upon the effectiveness of any adjustment notification by the State Controller in accordance with) Public Contract Code Section 22020, without the necessity of amending this chapter or any section or subdivision  herein to reflect any such adjustment.  2    (a) Public projects of Sixty Thousand Dollars ($60,000.00) or less may be performed by City employees by force account, by negotiated contract, or by purchase order. Notwithstanding any provision in the Fowler Municipal Code to the contrary, and provided the expenditure is within the budget limitation, the City Manager is authorized to approve the use of City employees for public projects, and may_approve and sign any contract or purchase order for public projects not exceeding $60,000.00; provided the City Manager reports the approval of any such contract or purchase order to the City Council at the next available City Council meeting.endaesep+the cempatdpuliepetPe-Cyhaeearwmméaimaiaméasheriseliersening (b) Except as provided in subdivision (4) below, public projects of Two Hundred' Thousand Dollars ($200,000.00) or less may be let to contract by informal bidding procedures as follows: (1) Informal Bid Procedures. Public projects, in accordance with the limits  famsiseofcempetienamderasepiane.  listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract  Code.  (2) Contractors List. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California  Uniform Construction Cost Accounting Commission.  (3) Notice Inviting Informal Bids. A notice inviting informal bids shall be  prepared, which notice shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed, not less than ten (10) calendar days before bids are due, to either all contractors on the Contractors list for the category of work to be bid, or to and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission ina accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of (A) Iftl there is no Contractors list maintained by the City for the particular category of work tol be performed, the notice shall be sent only to the construction (B) Ift the product or service is] proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice may be sent  the department soliciting bids, provided, however:  trade journals specified by the Commission.  exclusively to such contractor or contractors.  (4) Award of Contracts. Contracts for public projects in excess of $60,000.00 shall be awarded by the City Council. Ifall bids received are in excess of $200,000.00, the City Council may, by adoption of a resolution by four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, ifit determines  the project cost estimate was reasonable.  3    (c) Public projects of more than Two Hundred Thousand dollars ($200,000.00) shall, except as otherwise provided in this section, be let to contract by formal bidding procedure in accordance with applicable provisions of the Public Contract Code, including, but not limited  to, Public Contract Code Section 22037.  7-4.04-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 subsection, phrase, or clause thereofirrespective of the fact that any one or more sections, subsections, phrases, or  clauses be declared invalid.  SECTION3. This Ordinance shall take effect 30 days after its adoption.  SECTION4. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in aj newspaper of general circulation in the community at least five (5) days prior to adoption and again (15) days after its adoption. Ifas summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five 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.  Ihereby certify that the foregoing Ordinance No. 2020-03 was introduced at a regular meeting of the City Council of the City of Fowler held on April 21, 2020, and was thereafter duly adopted at a regular meeting of said City Council held on May 5, 2020, by the following  vote:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  AWDOCS0023024TORD007496L.DOCX  4    ITEM  8A  $  N E  f    384,8888888 NNm  888  88888888888 88888 8 d8 d8 888888888888888 8 888 88 06000066066 00000 o o o 00000000000 o 000 0o    00 88888888 8 8 8888888888 88888 d8 d8 d0 d8 d8 8888 00000000 o o 0000000000 00000 o o o o o 0000    888888 88888 8 3888888888 888888 8 d0 8 000000 00000 o 000006666G 000000 o o o  80    8    888 8 8 000 o o  3e    5800 2   888 888 8 d8 8888 888 8 8888 f 10 00 10 000 000 o o 0000 000 o o o o o  88  VN IN 2 o0 g    588 d0 00 8 0  o    ITEM  8B  MINUTES OF THE FOWLER CITY COUNCIL MEETING  APRIL21,2020  Mayor Cardenas called the meeting to order at 7:01 p. m. Roll call was taken.  Councilmembers Present: Cardenas, Hammer, Kazarian, Rodriquez, Parra (via Telephone)  City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Deputy City Clerk  Burrola  PUBLIC PRESENTATIONS  Susie Rico-Vasquez, County of Fresno Department of Public Health, provided information on guidance and resources for COVID-19. She also provided updated information on the pedestrian and bicycle safety walk audit and workshop, the workshop has been postponed due to the COVID- Benita Duran, U.S. Census Bureau, provided updated information about the 2020 Census. Based on continuing assessments of guidance from federal, state and local health authorities in response toC COVID-19, the U.S. Census Bureau has adjusted 2020 operational plans for field activities only. Responding to the 2020 Census is everyone's civic duty and they have options to respond online, Leila Gholamrezaci-Eha, Fresno County Department of Public Health, spoke on smoke-free parks  19 situation.  by mail, or by phone.  and updating tobacco definitions in the municipal code.  COMMUNICATIONS  None  PUBLIC HEARING TO OBTAIN PUBLIC IMPUT AND REVIEW COPYING COSTS City Attorney Cross said this item is based on an agreement entered during a litigation case from late last year which involved a public records dispute. Part of the agreement was to review the City's coping costs, survey surrounding communities and take the publics input on copying costs and bring it back to the Council for consideration of updating the copying costs for public records. Mr. Cross said as part of the settlement agreement the City is required to conduct this public hearing and surveying, which has been completed by staff, with recommendation for the new copy costs. If there are any public comments tonight, than the item will be brought back for consideration at the next meeting for approval of the actual resolution adopting the newly Mayor Cardenas opened the public hearing for any public comments at 8:05 p.m. There were no  FOR PUBLIC RECORDS  recommended copying costs.  public comments the public hearing closed at 8:05 p.m.    STAFF REPORTS  SECOND READING OF ORDINANCE NO. 2020-02  Councilmember Rodriquez made a motion to waive the second reading and adopt Ordinance No. 2020-02, "An Ordinance oft the City Council of the City of Fowler Amending Section 6-1.306 and 10-1.05 of the Fowler Municipal Code Pertaining to Animals at Large, and Adding Chapter 2 to Title 10 Creating Leach Free Dog Park Area Regulations", seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes:  None. Abstain: None. Absent: None. CITY ENGINEER'S REPORT  Provide Staff Direction Regarding Proposed Restroom Replacement at Panzak Park City Engineer Peter's said the City received a Community Development Block Grant to remove and replace the restroom facilities in Panzak Park. The restroom facilities have been in use for many years and are in need of replacement due to maintenance and accessibility needs. Mr. Peter's provided a power point showing the design details of the floorplan and a photo from a similar Councilmember Kazarian suggested restoring the band stand to blend in with the new restroom facility. Councilmember Parra expressed the need for adding a few more amenities to the restroom. Mr. Peter's said this is aj pre-kit facility and is not sure ifamenities can be added but will look into it. The direction is to look into consideration on some of the suggested changes Mr. Peter's provided an update on the Maxco project. The landscaping and paving have been completed but there are some outstanding items that need to be finalized before approval of The fire station project is a little behind on schedule due to the contractor having uncertainty at the end of March on scheduling due to the pandemic. Also there have been some changes on the type  project.  mentioned and search for the right kit for the City's needs.  operation.  ofelectrical service from PG &E. CITY MANAGER'S REPORT  City Manager Davis said the City hosted two sessions for SBA business loan application events for Ms. Davis said Finance Director Uyeda was able to get a temporary online credit card payment system through the City's sales tax firm, HdL. The permanent online system is being developed She said the Senior Center is continuing to collect donations and food from the community. Jocy's  local business currently impacted by COVID-19.  and may be available sometime soon.  Mexican Restaurant will be providing a free hot meal to the seniors next week.    PUBLIC WORKS REPORT  First Reading of Ordinance No. 2020-03 and Approve Resolution No. 2020-2462  Public Works Director Dominguez said the items before the Council tonight pertain to the California Uniform Public Construction Cost Accounting Act (UPCCAA). Resolution No. 2020- 2462 is subjecting the City of Fowler to policies and procedures under the UPCCAA and Ordinance No. 2020-03 is adding procurement procedures for public contracts to the municipal code. He said under Public Contract Code, Section 20160, public works projects exceeding $5,000 must be formally bid and constructed by private companies. Many of the City's projects exceed this amount, and are: forced to contract out those projects even though a lot ofthose projects can be done with City staff. He said the Public Contract Code provides flexibility. Cities can elect by resolution to become subject to provisions of the UPCCAA. Public projects of $60,000 or less may be performed by City employees, by negotiated contract, or by purchase order. The City Manager would be authorized to approve the use of City employees for public projects, and approve and sign any contract or purchase order for public projects not exceeding $60,000, ift the expenditure is Councilmember Kazarian spoke in favor ofthe ordinance but also expressed the need for oversight and accountability. He said an option might be to provide a report to the Council shortly after a contract has been approved or by another means. City Attorney Cross said the Ordinance can be modified to say "all contracts come before the Council". A discussion took place and the Council's consensus is to amend the Ordinance language to read "The City Manager is authorized to approve the use of City employees for public projects, approve and sign any contract or purchase order for public projects not exceeding $60,000 subject to the approval of City Council". Councilmember Kazarian made a motion to waive the first reading as amended and approve Ordinance No. 2020-03, "An Ordinance Adding Chapter 4 to Title 7 ofthe Fowler Municipal Code to Provide Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act", seconded by Councilmember Rodriquez. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None. Councilmember Rodriquez made a motion to approve Resolution No. 2020-2462, : A Resolution of the City Council of the City of Fowler Electing to Become Subject to the Uniform Public Construction Cost Accounting Act (UPCCAA)", seconded by Mayor Pro Tem Hammer. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes:  within the budget limitation.  None. Abstain: None. Absent: None. FINANCE DIRECTOR'S REPORT  Finance Director Uyeda was not present but did provide a written report.  POLICE DEPARTMENT REPORT  No report was given.  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 = April 21, 2020; B) Approve Minutes of the City Council Special Meeting and City Council Meeting March 17, 2020; C) Approve Resolution No. 2020-2463, "A Resolution of the City Council of the City of Fowler for Inclusion in the 2020-21 Budget to incorporate a List of Projects Funded by SB 1: The Road Councilmember Kazarian made a motion to approve the consent calendar, seconded by Mayor Pro-Tem Hammer. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian,  Repair and Accountability Act".  Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Mayor Cardenas expressed his gratitude to Department Heads and City staff while working during  this difficult time dealing with the pandemic.  Mayor Pro-Tem Hammer said all recreation events during spring have been canceled. City Manager Davis said the Easter egg drive thru event was a huge success given the situation. Councilmember Parra said the SBA business loan event was a suçcess and he'll be having another  session this coming Friday. ADJOURNMENT  Having no further business, Councilmember Parra made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 8:25 p.m.