1908 AGENDA APRIL 21, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  FOWLER CITY COUNCIL MEETING  This meeting wlll be conducted pursuant to the previslons of Paragraph 11 of the Governor's Executive Order N-25-20 which suspends certain requirements of the Raiph M. Brown Act, and as a response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number listed below will provide access to the City Council meeting via teleconference. Please note: when joining the meeting you will be asked your name whlch will be used to identify  you during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  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  the City's website at www.fowlerciv.org. Meeting called to order Roll call  1. 2. 3.  Public Presentations (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.) With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.  4. 5.  Communications  Public Hearing to Obtain Public Input and Review Copying Costs for Public Records  1    6.  Staff Reports  A) Second Reading of Ordinance No. 2020-02, # An Ordinance of the City Council of the City of Fowler Amending Sections 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  B) City Engineer's Report  Provide Staff Direction Regarding Proposed Restroom Replacement at  Panzak Park  C) City Manager's Report D) Public Works Director's Report  1) First 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 Consider and Adopt Resolution No. 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)"  Accounting Act"  2)  E) Finance Department Report F) Police Department Report G) 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. If a 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 = April 21, 2020 Council Meeting - March 17, 2020  B) Approve Minutes of the City Council Meeting Special Meeting and City 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 Repair and Accountability Act"  2    9.  Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councilmember Kazarian Councilmember Parra Councimember Rodriquez Adjournment  10.  Next Ordinance No. 2020-04  Next Resolution No. 2464  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, April 17, 2020.  Cafot Corina Burrola Deputy City Clerk  3    ITEM 5 -  -  Exhibit A  Cost Analysis Copy cost of paper records 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 Copies  CDor electronic OVDsor $5 $14  Costperc copy/1st $0.60 $0.20 50.25 $0.20 50.50 50.25 $1.00 $1.00 $0.26 $035 $0.15 $0.20 $0.25 $1.00 $0.15 $025 5010 $1.70 $0.50 $0.75 $0.25 $037 $0.20 $0.10 $020 $0.10 so.s0 $0.25 $1.25 $0.40 $0.25 $1.00 $0.10 so.s0 3-10$1.00/11or more1.004.10es $0.10 $0.25 $0.20 $0.25 $0.25 $020 515.00lookup charge/S1 15page $020 $030 50.25 $0.15 $0.15 $0.25 $0.25 $0.15 $1.00 $0.25 $0.20 5030 50.25 50.38  DateFeelast  City Azusa Antioch Belmont Benecia Burbank Capitola Chowchlla ChulaVista Coalinga Duarte Fullerton Grand Terrace Greenfield Gridley HuntingtonP Park Kerman. Kingsburg laPalma laHabra lakeForest Lakewood Lancaster lawedale Lemoore Lomalinda MarhattanB Beach Mendota Millbrae Mission Viejo MOnOBy Norwalk Dai PleasantHill PortHueneme Reedley RioDell Sacramento Sanc Clemente Sanger SantaCruz Santa Monica Selma Shafter segnalHi Taft ThousandOaks Tracy Upland Vacaville Vista Wasco WestCovina WestSactamento Westminster Wheatland Approximatea average  Page Cost-2ndPage. Additionalinfo. Cost-Scanned Copy copy Videotapes USB/Flash! Updated ValleyCities  $0.20 $020_firstacopiest free copies $025 Lessthanl 10pgs s020bv/s100culor so.05 s25p5igsmodare $0.25 $0.10 $026 $0.45/pageN Non Residents. Color 45, $.35/resident, $.45 5035/nonresident: 55 ponr resident $015 $o20 so.25egalste.60 $0.10 $0.10 $0.25 $0.10 $0.05 $0.50 $0.15 $0.25 $0.37 $0.20 $0.10 $0.20 s0.10mustbed doublesided Nolee $0.50 $0.25 $0.25 $0.40 /pageferirir NoFee $0.25 $0.08 lessthan1 10- free. Morethan 1Opages. sa.DB/paget for more $0.10/s.10ea $0255100coler jo-2tree. Color: $.50 for0-2, $5:3-10;$5 SDeamorethan10. Nocoppingoinon-ciy $0.12documents Color: $.25/page $.35 so.1olegals: $o.10 $0.20 $0.25s1.00color $025/s100color $0.20 $0.15 $020 $0.3 30/pp- 1-30 s.20/ppt thereafter. s35r retrievalfee! $.30page $0.20uffsites storage Over3 30pgs-5.20 $0.25 $0.15 S0forc color sosofor colors scan $0.15 $0.25 $0.25 $0.15 50forcolor $0.15 $025/5.60color Scopieso oriessfeeis $0.20waived 50305.5 50legalsize NoFee $0.25 $0.21  0.20/pagefirst4  7yrse $8.50 2010 2016 2009 2006 2017 2016  0.25 0.26  NoFee $015/page Nofee  025  $7  NoFee_ NoFee  $1 $2 $s 2004 $20 $20 0.25 $15 515 $1 $19  1/1/20 2018 unknown 2014  than 10pages  2016 2009  0.25 0.2 0.25  NoFee  55 $5 $5 2019 $5.50 $26.25 ss $s Slppeler. Docs. CDS2 $s $20 520  Nofee  2015 10-years currently underreview 2019  50.10/page  $0.24    ITEM  6A  ORDINANCE NO. 2020-02  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTIONS 6-1.306 AND 10-1.05 OF THE FOWLER MUNICIPAL CODE PERTAINING TO ANIMALS ATLARGE, AND ADDING CHAPTERZTOTITLE 10 CREATING LEASH FREE DOG PARK. AREA REGULATIONS  THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN. AS FOLLOWS: SECTION1. Section 6-1.306 of Article 3 of Chapter 1 ofTitle 6 oft the Fowler Municipal Code is  hereby amended to read as follows:  6-1.306- Animals at large.  No owner of any animal, except a cat which has been spayed or neutered, shall cause, permit, or allow any such animal to be at large in the City. A violation oft this provision is an infraction. An animal that is at large threc (3) or more times within any 365-day period shall bc deemed a public nuisance and the owner shall remove the animal from the City incorporated limits. A failure to remove the animal in violation oft this section isa a misdemeanor. Thiss section shall not apply to a dog in any leash free area ofapark as  authorized by the City Council.  SECTION2. Section 10-1.05 of Chapter 1 ofTitle 10 of the Fowler Municipal Code is hereby  amended to read as follows:  10-1.05- - Rules and Regulations.  (t) Domestic Animals. Nodemesticamimaswalheallowatinie: park-exeeptfor egseiHemiherbywPiteremisiwmeFhe-Depariment: Pels and domestic animals as defined in Title 6, Chapter Lofthis Code.creprohbied. in parks and facilities, excepl for dogs on ( leash and uder the control oflheperson in possession thereo!. This prohibition does not apply t0 any leash free area ofa park as authorized by the City Council. The owner ofthe dog andlor the person in control or care oft the dog shall be responsible for, and to make good, any damage caused in any event bysuch dog whether or not leashed. The provisions ofthis subsection do not relieve the owner andlor person in control or care  ofsaid dog from liability to the Cityfor violation ofthis Section.  SECTION3. Chapter 2 to Title 10 is hereby added to the Fowler Municipal Code to read as  follows:  Chapter 2  LEASH FREE DOG PARK. AREA REGULATIONS  10-2.01 - Leash free dog park areas.    (a) The enclosed (fenced) dog park areas at Donny Wright Park are designated as leash free (off-leash) dog park areas. Additional leash free (off-leash) dog park areas may be designated by City Council ordinance or resolution. Use ofa any leash free dog park area is subject to rules and regulations adopted by City Council ordinance or (b) Signs listing the primary rules and reference to any applicable City ordinance and/or resolution shall be posted at any leash free dog area. The failure ofar rule or regulation to be included on a posted sign shall not preclude the enforcement oft the (c) Use ofanyl leash free dog park area where dogs run at large and are not leashed represents al hazardous recreational activity to all persons using or present at any leash free dog park area. Additionally, despite the rule requiring dog owners/handlers to clean up after their dog(s), the ground in the leash free dog area may be uneven as a result of, among other things, digging or dog toys or other debris left in the leash free dog area. The City of Fowler will not be liable for injuries to any person participating in such hazardous recreational activity by use or presence at  resolution.  rule or regulation.  any leash free dog park area. 10-2.02 - Rules and regulations.  Failure to observe and abide by the following rules and regulations, or any unauthorized use of or activities in any leash free dog park area, is unlawful and such violation(s) are  enforceable by any means.  (a) Dog owners are legally responsible for their dog(s) and any damage and/or injuries caused by their dog(s). Use oft the leash free dog area is at owner's risk, and the dog owner  shall be legally responsible for dog bites by their dog.  (b) Dog handlers must be at least 18 years old and capable ofH handling and controlling (c) Dogs shall not be left unattended in the leash free dog area. Handlers must remain (d) Dog(s) under the age of41 months are prohibited in any leash free dog area. (e). All dogs must have current vaccinations as required in section 6-1.501 oft the Fowler (f) All dogs must be licensed as required in sections 6-1.201 and 6-1.202 oft the Fowler Municipal Code. All licenses must be on the dogs' collarand the collar must be on the dog  any dog under their care or custody in the leash free dog area. with their dog(s) at all times in the leash free dog area.  Municipal Code.  atall times.  2    (g) Female dogs in season or in heat are not allowed within any leash free dog area. (h) Owners/handlers may not have more than three (3) dogs with them in the leash free (i) Dogs must be escorted to and from the leash free dog area on a leash which does not G) Owners/handlers are responsible for cleaning up after their dog(s), and properly disposing ofany feces from their dogs in the receptacles provided in or around the leash free  dog area at any given time. exceed six (6) feet in length.  dog area.  (k) No aggressive dogs are allowed within any leash free dog area. A dog displaying aggressive behavior towards any person or other dog must be immediately removed from the (I) Children under the age oft ten (10) are prohibited in any leash free dog area at all times. Children between the ages oft ten and fourteen (10-14) are prohibited in any leash  park by its handler for the remainder oft that day.  free dog area unless accompanied by an adult.  (m) Sports activities, bicycles, picnics, and similar activities are prohibited in any leash (n) The City of Fowler reserves the right to close any leash free dog area at any time. (o) Violators of any rules or regulations applicable to any leash free dog area may be  free dog area.  removed from the park and park privileges may be suspended.  SECTION4. EFFECTIVE DATE.  This ordinance shall go into effect and bei in full force and operation from and after thirty  (30) days after its final passage and adoption.  The foregoing ordinance was introduced at a regular meeting oft the City Council held on March 17, 2020, and was adopted at a regular meeting of said Council held on April 21,2020, by  the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  3    David Cardenas, Mayor  ATTEST:  Dated: April  2020  Jeannie Davis, City Clerk  AWDOCS00250241ORD0078117DOC  4    ITEM  6B =  MEMORANDUM  TO: FROM: DATE:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: PANZAKI PARK RESTROOM REPLACEMENT  APRIL17,2020  REQUESTED ACTION DISCUSSION  Provide staff direction regarding proposed restroom replacement at Panzak Park.  The City has 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. The project would replace the existing restroom facility with a new prefabricated unit, improve utilities and lighting, and provide accessible Attached are design details including layout, floorplan, elevations and a photo from a similar project.  access to the facility.  Staffi is requesting Council direction regarding the proposed project.  Attachments  1. Preliminary design details 2. Similar project photo    () (C    ) S  C    ,0'8-  B  &  S    de  8 3 J  ,0'91-    A    ITEM  6D-1  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 oft the City of] Fowler does hereby ordain as follows:  SECTION1.1 Findings.  A. The City of Fowler is currently required to advertise, bid, and award "public projects" (as defined in Section 20161 oft the California Public Contract Code) in excess of$5,000i 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 $200,000.00, but which amount is subject to change every five years by the State Controller upon recommendation NOW, THEREFORE, the City Council oft the City of Fowler does ordain as follows: SECTION2. Chapter 4 ofTitle 7 oft the Fowler Municipal Code is hereby added in 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-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 oft 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 ofthe Public Contract Code, and means  any oft 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 oft the following:  (1) Routine, recurring, and usual work for the preservation or protection ofany  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 oft 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) orl 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, approve and sign any contract or purchase order for public projects not exceeding $60,000.00, and accept the completed public project upon the City Engineer's recommendation and authorize the recording ofa notice of completion and/or acceptance. (b) Except as provided in subdivision (4) below, public projects ofTwo 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 ofthe Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., oft the Public Contract  Code.  (2) Contractors List. AI list ofq qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 oft 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 ofwork 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 oft the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of (A) Iftherei is no Contractors list maintained by the City for the particular category of work to 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 lofContracts. 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 ofai 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.  (c) Public projects oft 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  3    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 oft this chapter is for any reason held to be invalid, such decision shall not affect the validity oft 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.  SECTION 4. The City Clerk is hereby directed to cause a summary oft 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. Ifa summary of the ordinance is published, then the City Clerk shall cause a certified copy oft the full text oft the proposed ordinance to be posted in the office oft 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 ofthe 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  HWDOCS0025024TORD000BGIL.DOCX  4    ITEM  6D-2  908  STAFF REPORT  DATE: TO: FROM:  April 21, 2020  Honorable Mayor and City Councilmembers Dario Dominguez, Public Works Director Construction Cost Accounting Act (UPCCAA).  SUBJECT: Consider and Approve items pertaining to the California Uniform Public  A. Adopt Resolution No. 2020-2462 oft the City Council of the City of Fowler electing to become subject to the Uniform Public Construction Cost Accounting Act (UPCCAA). B. Introduce Ordinance No. 2020-03, an Ordinance adding Chapter 4 ofTitle 7 ofthe Fowler Municipal Code tol Provide Informal Bidding Procedures under the Uniform  Public Construction Cost Accounting Act.  RECOMMENDATION:  That City Council approves and adopts Resolution NO. 2020-2462 subjecting the City of Fowler to the uniform construction cost accounting policies and procedures existent under the UPCCAA, and approves Ordinance No. 2020-003, adding procurement procedures for public  contracts to the municipal code. BACKGROUND:  Under current 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 we are forced to contract out those projects even though, a lot ofthose projects can be done with City staff. Each formal bid project requires ai newspaper legal ad, the production and distribution of RFPs, oversight for bid opening, staff reports for bid award, and second staff reports for final acceptance of the project. This process adds a minimum oft three months to the project schedule and it can get expensive for both City and competing contractors. The Public Contract Code provides flexibility: Cities can elect by resolution to become subject to    the provisions oft the UPCCAA. This will substantially increase the City's current bidding thresholds and help to achieve more flexibility and time efficiency through an informal bidding process. After researching around and discussing with several municipalities that are already in the program, we have determined that the City would greatly benefit considering the following  benefits through UPCCAA:  Flexibility and efficiency in execution of public works projects or through aj purchase order to complete the project. Minimizing the probability ofbid protests. Ability to reject any bid at City's discretion.  Increase threshold from $5,000 to $60,000, allowing City employees, single contractor, Decreased stafft time and advertising costs for projects of $200,000 and under Saving time and monies in the reducing the number of formal bids.  The UPCCAA provides three thresholds 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 $64,000-5201,000:  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. Ifa 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.  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 oft thousands ofdollars immediately and potentially hundreds of  thousands in the future.    RESOLUTION NO. 2462  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER ELECTING TO BECOME SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST WHEREAS, public agencies must competitively bid all public projects (as defined in Section 20161 ofthe Public Contract Code) in excess ofs $5,000 in accordance with the requirements set WHEREAS, in 1983, the California Legislature adopted Assembly Bill 1666, which added Chapter 2, commencing with Section 22000, to Part 3 ofI Division 2, oft the Public Contract Code, which establishes a uniform cost accounting standard for construction work contracted out or self-performed by cities, and also provides for alternative informal procedures for bidding public WHEREAS, Public Contract Code Section 22030 provides that any city wishing to use the alternative informal procedures for bidding and contracting for public projects must elect, by resolution, to become subject to the construction cost accounting procedures set forth in the Uniform Public Construction Cost Accounting Act and must notify the State Controller ofits WHEREAS, Public Contract Code Section 22034 requires each public agency that elects to become subject to the Uniform Public Construction Cost Accounting Act to enact an ordinance WHEREAS, concurrently herewith, the City Council introduced Ordinance No. 2020-03, and upon adoption said ordinance will enact procedures governing public works contracts and establishes, among other things, informal bidding procedures in accordance with the WHEREAS, the City Council did hear all persons desiring to speak either in favor or in opposition ofthis Resolution and the City becoming subject to the Uniform Public Construction NOW, THEREFORE, the City Council of the City of Fowler does hereby resolve as follows: 1. That the City Council hereby elects under Public Contract Code Section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Uniform Public Construction Cost Accounting Commission* 's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended.  ACCOUNTING ACT (UPCCAA)  forth in the Public Contract Code, commencing with Section 20160; and  projects; and  election; and  fori informal bidding procedures; and  requirements of Section 22034 of the Public Contract Code; and  Cost Accounting Act.  2. 3.  That the City Clerk is directed to notify the State Controller forthwith oft this election.  This resolution shall take effect upon its adoption.    The foregoing resolution was adopted by the City Council oft the City of] Fowler, at a regular  meeting held on April 21,2020, by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  Awd0c9020241RES4IRES.0708607DOCX  2    ITEM  8A  $A    mon 88888888888  mNUN MHMNNN  3888888888888 d0 d0 888888888  0000000000  0000000 o o 06666ocoo  66 000t 00bt  300000008    388888888888 8888888888 88888888 88888888 d8 8 8 888 600000000000 6o6codoooo 00000000 00000000 o o o 000  990006  NNN    8888888888 8 888 888 d8 d8 00 888 8 d0 88 8 888 8 888 666066GoGG o 000 000 o o o 000 o o o d o 000 o 060  3 f  - 88 888  88888888    ou  d0 0 3888333888 8 8 8888 d8 8 8888 d8 888 888888888 600666666G o o 0000 o o 0000 o 000 060000000  88888 000000000 acaaaacae    8348888883882  888888888888 88888 3888888888888 888 888 8 00000000000000000000 00000 0000000000000 000 000 o    888888888888888 8 8 888 8 d0 8 8888888888 8 8 88888 8 000000000000000 o o 000 o o o 0000000000 o o 00000 o  9999999999999    emRaGan PN 809138288  888 88888888 8888888888 888 8 d0 8 d0 d8 00 888 8 88 00 000 00000000 666666oGoG 000 o o o o o 000 o ç ç    8888 8 888 f 888888 8 8 d0 888 8 8 d0 888 8888 8 888  0000 o  000000 o o o 000 0 0 o 000 0000 o 000  N N - - -  E - 88g    119933 sde  888888 8 8 8888888 8 8 8 d8 888 8888 88888 8 88888 000000 o o 0000000 o o o o 000 o o o o 00000 o 00000  29991  VNNNNNN & AE - 8888  00868    9        a  ngmme  88888 8 8 00000 o d    8888888888 8 d8 8 66060666GG o o o  BBBBRBRRR iiniu  2A9990908  ddde 000000000 eacaaaaea    1  8888888 8 d0 888 8 8 08 de 00 0000000 o o 000 o o o 0  00 d0 888888 d8 d8 888888 000000 o o 000000  033430303  Lou    d0 08 00 888 d0 8 8888888 d8 d0 d0 8 00 00 00 00 888 8 d0 8  o o o 000 o o 0000000 o o o o 0 o  o 000 o o o  N 5  55    2 888 8 8 000 o o  :  88        0 00 00 0    888 8 8 d8 000 o d o    ITEM  8B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING MARCH 17, 2020  Mayor Cardenas called the meeting to order at 7:01 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra  Councilmembers Absent: Rodriquez  City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, City Planner Marple, Public Works Director Dominguez, Police Chief Alcaraz, Finance Director Uyeda, Fire Chief Lopez, Deputy City Clerk  Burrola  Consider Approval of Resolution No. 2461, "A Resolution of the City Council of the City of Fowler Proclaiming the Existence or Threatened Existence of a Local Emergency (COVID- City Manager Davis said the Resolution is to take official action and all precautions available on the recent COVID-19 pandemic. The resolution requests the City Council to proclaim the existence or threatened existence of a local emergency. The Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments. On March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of Covid-19. City Manager Davis said City staff has been instructed to take all precautions available. Citizens may wish to pay their water payment by check or money order and drop offi in the mail slot located in front of City Hall. The City has temporarily closed the Edwin Blayney Senior Center, until further notice and postponed Councilmember Kazarian made a motion to approve Resolution No, 2461, 4 A Resolution of the City Council of the City of Fowler Proclaiming the Existence or Threatened Existence of a Local Emergency (COVID-19)", seconded by Councilmember Parra. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent:  19)"  or canceled City events.  Rodriquez. ADJOURNMENT  Having no further business, Councilmember Parra made a motion, seconded by Councilmember  Kazarian to adjourn. The motion carried and the meeting adjourned at 7:12 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  MARCH 17, 2020  Mayor Cardenas called the meeting to order at 7:13 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra  Councilmembers Absent: Rodriquez  City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, City Planner, Marple, Finance Director Uyeda, Deputy City Clerk Burrola  The Flag Salute and Pledge of Allegiance were followed by a moment ofs silence and reflection.  PUBLIC PRESENTATIONS There were no public presentations. COMMUNICATIONS  City Manager Davis said she received a phone call from Liz Gomez with Waste Management; they are currently having issues with telecommunications during this difficult COVID-19 situation. If Deputy City Clerk Burrola reminded Council to submit their FPPC 700 forms before the April 1St  there are any urgent issues, calls can be directed to Ms. Gomez.  deadline. STAFF REPORTS  PUBLIC MEETING TO CONSIDER ACCEPTING THE 2018 AND 2019 ANNUAL PROGRESS REPORTS ON THE MPLEMENTATION OF THE FOWLER GENERAL City Planner Marple provided background and project description of the 2018 and 2019 progress report of the Fowler General Plan Housing Element. She said Government Code 65400 requires that cities provide an annual report to the City Council, the Office of Planning and Research, and the Departments of Housing and Community Development. The Housing Development is an important State-mandated requirement of the General Plan. The Housing Element establishes comprehensive goals, policies, and programs to meet a jurisdiction's share of Regional Housing Ms. Maple said the City of Fowler is a member of the Fresno County Council of Governments (Fresno COG), which is composed of the 15 cities and the unincorporated areas for Fresno County. Fresno COG is responsible for distributing the RHNA to the local governments though an allocation methodology that is consistent with development and growth patterns. The City of Fowler's RHNA for the current eight-year projections period from December 2015 through December 2023 is 524 housing units and is equivalent to an annual production rate of6 661 units.  PLAN HOUSING ELEMENT  Needs Allocation (RHNA).    Staff has prepared the 2018 and 2019 Annual Housing Element Progress Reports (attached) describing the City's progress towards meeting its RHNA and progress towards implementing the Staff recommends that the City Council approve the attached resolutions accepting the 2018 and 2019 Annual Progress Reports for the 2015-2023 Housing Element as required by Government Councilmember Parra made a motion to approve Resolution No. 2459, "A Resolution before the City Council of the City of Fowler County of Fresno, State of California Accepting the 2018 Housing Element Annual Progress Report", seconded by Mayor Pro-Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain: None. Mayor Pro-Tem Hammer made a motion to approve Resolution No. 2460, "A Resolution before the City Council of the City of Fowler County of Fresno, State of California Accepting the 2019 Housing Element Annual Progress Report", seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain: None.  programs outlined in the MJHE.  Code Section 65400.  Absent: Rodriquez.  Absent: Rodriquez  FIRST READING OF ORDINANCE NO. 2020-02  Public Works Director Dominguez said the ordinance includes some necessary amendments to existing code sections, and a new Chapter addressing the leash free dog area rules/regulations. Councilmember Parra made a motion to waive the first reading and approve Ordinance No. 2020- 02, "An Ordinance of the City Council of the City of Fowler Amending Section 6-1.306 and 10- 1.05 oft 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 Mayor Pro-Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain:  None. Absent: Rodriquez.  SECOND READING OF ORDINANCE NO. 2020-01  Councilmember Kazarian made a motion to waive the second reading and adopt Ordinance No. 2020-01, "An Ordinance of the City Council of the City of Fowler Amending Section 7-1.05 of Chapter 1 of Title 7 of the Fowler Municipal Code Pertaining to Authorized Street Trees for Planting" , seconded by Mayor Pro-Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: Rodriquez.  CITY MANAGER'S REPORT  City Manager Davis said in conjunction with the tree list, Tree Fresno will be scheduling a special Ms. Davis thanked City department heads for working hard and thinking of ways to protect the  event on Arbor Day to feature the tree planting of the 10th street ponding basin.  City during the pandemiç.    She said during this time, the Senior Center is closed, Yvonne Hernandez, Senior Center Coordinator, has had many people reach out to assist in delivering meals, provide groceries and  activities to the Seniors of] Fowler. PUBLIC WORKS REPORT  Public Works Director Dominguez said Public Works staff had COVID-19 training today. During this time, the Public Works Department will continue essential maintenance of the water distribution system, maintenance of critical infrastructure and respond to all emergencies as they  arise.  FINANCE DIRECTOR'S REPORT  Finance Director Uyeda said there has been a significate reduction in traffic and general business which will have an adverse effect on sales taxes. Although the City has sufficient reserves to handle the situation, we have taken the additional step ofi implementing a new policy that any and  all expenditures greater than $2,500 must be pre-approved.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz circulated the DOJ Part 1 Crime statistics for the month of February 2020. Chief. Alcaraz said the department is taking extra precautions regarding the pandemic. He said the department is prepared and they have some procedures in place, they are prepared to offer services  by providing extra patrol. FIRE DEPARTMENT REPORT  Fire Chief Lopez circulated the Fire Department activity report for the month of February 2020. He said the fire department had additional training on Saturday for first responders who anticipate  There has been an increase ofmedical calls.  close contact with persons with confirmed or possible COVID-19.  CITY ATTORNEY'S REPORT  Consider Approval of Electrical Facilities Undergrounding Agreement - Maxco Supply, Inc. City Attorney Cross said three years ago the Maxco Project was approved and conditions of approval were provided. The conditions of approval for the development clearly required that all on-site utilities must be underground. In June 2020, the City received a request from the applicant to approve the overhead poles and to provide service overhead due to servicing scheduling with PG&E. The City temporarily approved the overhead provisions for those electrical services with the understanding that we come back for an agreement later with a short time period in which the applicant will still have to meet the conditions. The agreement provides for the applicant to complete the underground electrical service and remove the overhead power poles within 1-year from the date a certificate of occupancy is issued. Mr. Cross said it also requires a $105,000 surety bond orl letter of credit to protect against disruptions or financial loss due to the contractor's failure  to complete the project.    Councilmember Kazarian made a motion to approve the electrical facilities underground agreement with Maxco Supply, Inc. for SPR 14-05 project, and authorize City Manager to sign agreement, seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas,  Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: None.  CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - March 17, 2020; B) Approve Minutes of the City Council Special Meeting and City Council Meeting March 3, 2020; C) Approve Proposed Tree Planting List in Standard Drawings M-13 of the City Standards and Councilmember Kazarian made a motion to approve the consent calendar, seconded by Mayor Pro-Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra.  Specifications.  Noes: None. Abstain: None. Absent: Rodriquez  COMMITTEE REPORTS  Mayor Cardenas said he received notifications from SKF that the 6th Annual Selma Kingsburg and Mayor Pro-Tem Hammer said all recreation events for the City have been postponed until further Councilmember Kazarian said he met with the leadership of the Danish American Museum and toured the Adventist Health building. It was discussed to possibly section offa small portion oftl the  Fowler joint Chamber of Commerce Mixer has been canceled.  notice.  building for a future museum.  Discussion: Economic Development Committee  Councimember Kazarian said the City needs to consider forming an Economic Development Committee to improve the economic wellbeing and quality of life of the community. He would like to further discuss in a future meeting the consideration of forming a Committee, whether is A discussion took place and the Councils consensus was to table the discussion and to place on the  should be a formal committee, subject to the Brown Act.  agenda for an upcoming meeting. ADJOURNMENT  Having no further business, Mayor Pro-Tem Hammer made a motion, seconded by Councimember Parra to adjourn. The motion carried and the meeting adjourned at 8:28 p.m.    ITEM  8C  MEMORANDUM  TO: FROM: DATE:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: SB1FUNDING  APRIL17,2020  REQUESTED ACTION/RECOMMENDATION to the California Transportation Commission by May 1, 2020.  Approve resolution 2020-2463 and authorize the City Engineer to transmit the resolution and project list  DISCUSSION  In April 2017, the California State Legislature passed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. As part of the Bill, specific transparency and accountability provisions must be met: in order to ensure that the public is aware of the projects that have been completed utilizing SB 1 Each year, the City is required to update and provide a list of proposed projects to receive funding from Each year, cities and counties must adopt via resolution a project list comprised of projects they anticipate funding with SB1 funds. These project lists must be submitted to the California Transportation Commission (CTC) by May 1* in order to be eligible for SB 1 funding for that fiscal year and must  funds.  the Road Maintenance and Rehabilitation Account (RMRA), also known as SB 1.  include:  Location of the project Proposed schedule of completion Estimated useful life of the improvement  For FY19/20, the City is expected to receive $124,748 from the RMRA fund and proposes to use the  project to fund improve Main Street from 5h Street to 3" Street.  Attachments  1. Proposed Resolution 2020-2463    RESOLUTION NO. 2020-2463  AI 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 REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017: in order to address the significant multi-modal transportation funding  shortfalls statewide; and  WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents ofthe City ofl Fowler are aware oft the projects proposed for funding in our community and which projects have been completed each fiscal year; and  WHEREAS, the City of Fowler must include a list ofall projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City of Fowler budget, which must include a description and the location of each proposed project, aj proposed schedule for the project's completion, and the estimated useful  life oft the improvement; and  WHEREAS, the City ofl Fowler, will receive an estimated $124,748 in RMRA WHEREAS, this is the forth year in which the City of Fowler is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safetyimprovements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible  funding in Fiscal Year 2020-21from SB 1; and  without SB 1; and  WHEREAS, the City of Fowler has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City of Fowler used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Fowler maintain and rehabilitate one (1) streets/roads within the City of Fowler this year and similar projects into  the future; and  WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Fowler's streets and roads are in an "poor" condition and this revenue will help us increase the overall quality of our road system and over the next  decade will bring our streets and roads into a "good" condition; and  WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets    infrastructure, and using cutting-edge technology, materials and practices, will have  significant positive co-benefits statewide. Fowler, State ofCalifornia, that:  NOW, THEREFORE ITI IS HEREBY RESOLVED by the City Council oft the City of  1. The foregoing recitals are true and correct.  2. The following list of proposed projects will be funded in-part or solely with fiscal year 2020-21 Road Maintenance and Rehabilitation Account revenues:  Project Main Street Rehabilitation  Description Rehabilitate pavement  Location 51h Street to 7t Street ******  Estimated Anticipated Useful Life Construction 15Yr  Year of 2020  I, 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 oft the Fowler City Council held  on the day of Ayes: Noes: Absent: Abstain:  2020, by the following vote:  David Cardenas, Mayor  Jeannie Davis, City Clerk