FOWLER CITY COUNCIL MEETING  AGENDA MARCH 17, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  In compliance with the Americans with Disabilities Act, if you need special assistance to access the Council Chambers or to otherwise participate at this meeting, including auxiliary aids or services, please contact City Clerk Jeannie Davis at (559) 834-3113 ext. 302. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council 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  meeting. The City of Fowler is an equal opportunity provider and employer.  the City's website at www.fowlercity.org. Meeting called to order  1. 2. 3. 4. 5.  Flag Salute and Pledge of Allegiance  Invocation Roll call  Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.) With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read ini full, furtherr reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.  6. 7.  Communications: Staff Reports    A) Public Meeting to Consider Accepting the 2018 and 2019 Annual Progress Reports on the Implementation of the Fowler General Plan Housing Element 1) Approve Resolution No. 2459, "A Resolution before the City Council of the City of Fowler County of Fresno, State of California Accepting the 2) Approve Resolution No. 2460, " A Resolution before the City Council of the City of Fowler County of Fresno, State of California Accepting  2018 Housing Element Annual Progress Report"  the 2019 Housing Element Annual Progress Report"  B) First 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 C) Second Reading of 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  10 Creating Leach Free Dog Park Area Regulations  Planting"  D) City Manager's Report E) Public Works Director's Report F) Finance Department Report G) Police Department Report H) Fire Department Report City Attorney's Report  8.  Consider Approval of Electrical Facilities Undergrounding Agreement with Maxco Supply, Inc. for SPR 14-05 Project, and Authorize City Manager to  Sign Agreement  9.  Consent Calendar - Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa 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 - March 17, 2020 Council Meeting = March 3, 2020  B) Approve Minutes of the City Council Meeting Special Meeting and City  2    C) Approve Proposed Tree Planting List in Standard Drawings M-13 of the City  Standards and Specifications  10. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councilmember Kazarian Councilmember Parra Councilmember Rodriquez Adjournment  Discussion on Forming an Economic Development Committee  11.  Next Ordinance No. 2020-03  Next Resolution No. 2461  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, March 13, 2020.  OpuA Taid Corina Burrola Deputy City Clerk  3    ITEM STAFF REPORT  7A  0 CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  To: From: Date:  Fowler Cily Council Dawn Marple, Cily Planner March 17, 2020  Subject: Public Meeting to Consider Accepting the 2018 and 2019 Annual Progress Reports on  the Implementation of the Fowler General Plan Housing Element  F Recommendation  Staffrecommends that the City Council approve the dtlachedresolutions accepting the 2018 and 2019 Annual Progress Reports for the 2015-2023 Housing Element as required by Government Code Section  65400. II. Summary  General Plan State Law. Govemment Code 65400 requires that cities provide an annual report to the City Council, the Office of Planning and Research, and the Department of Housing and Community  Development that includes the following:  (A) The status of the plan and progress ini its implementation.  (B) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 andl local efforts to remove govemmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.  III. Background & ProjectDescriplion  The Housing Element 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 Regionall Housing Needs Allocation (RHNA). The determination of regional housing need begins with the HCD and California Department of Finance (DOF), which first calculate statewide housing needs based upon population projections and regional population forecasts used in preparing regional transportationplans. The Statewide needi is then distributed tor regional Councils of Government (COGs) throughout California, who work with cities and counties within their purview to assign each jurisdiction its share of the RHNA. The RHNA itself is divided into fivei income categories that encompass all levels of housing need, RHNA goals are measured by the number of housing units permitted by a local The City of Fowler is a member of the Fresno County Council of Governments (Fresno COG), whichi is composed of the 15 cities and the unincorporated areas of Fresno County. Fresno COG is responsible for distributing the RHNA to thel local governments through an allocation methodology thati is consistent with development and growth patterns. Fowler's RHNA for the current eight-year projection period from December 2015 through December 2023 is 524 housing units andi is equivalent to an annual production rate of 66 units. A large portion of Fowler's current RHNA goal (39%) is focused on the categories of Extremely-Low Income (ELI) households, Very-Low (VLI) Income households, and Low Income (LI) households, as defined by HCD. These categories serve those households with the greatest housing  jurisdiction.  Fowler Cily Council 2018 and 2019 Annual Housing Element Progress Reports  March 17, 2020    - CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT  need but are aiso the hardest to build because of the significant subsidies required to develop these The City Council elected to collectively prepare amullunisdictional Housing Element with the cities of Clovis, Coalinga, Huron, Kerman, Kingsburg, Mendota, Parlier, Reedley, San. Joaquin, Sanger, Selmac and the unincorporated areas of Fresno County (Fresno Mull-Jurisdictional 2015-2023 Housing Element The City Council adopted the 2015-23 Housing Element on April 5, 2016. HCD certified the Housing Element on July 22, 2016. The Housing Element establishes a comprehensive policy framework to implement Fowler's residential strategies and outlines the City's plan for meeting community housing  homes.  (MJHE)).  needs. These are the first annual reports since adoption of the MJHE.  IV. Discussion  Staff has prepared the 2018 and 2019 Annual Housing Element Progress Reports (Attachments B and C) describing the city's progress towards meeting its Regional Housing Need Allocation (RHNA) and  progress towards implementing the programs outlined in the MJHE.  V. ENVIRONMENTAL REVIEW  These annual reports are exempt from the requirements of the California Environmental Quality Act  (CEQA) per CEQA Guidelines Section 15378, definition of a' "Project."  VI. ATTACHMENTS A. Resolutions  B.A Annual Housing Element Progress Report- 2018 C.A Annual Housing Element Progress Report- 2019  Fowler City Council 2018 and 2019 Annual Housing Element Progress Reports  March 17, 2020    ITEM  7A-1  RESOLUTION NO. 2459 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA  ACCEPTING THE 2018 HOUSING ELEMENT ANNUAL PROGRESS REPORT  WHEREAS, Government Code S 65400 requires that the City of] Fowler City Council prepare an annual report on the status of and progress in implementation of its share of regional housing WHEREAS, the City Council has considered the efforts of both public and private parties to WHEREAS, the City's efforts and those of both public and private parties are summarized int the report entited"Annual Housing Element Progress Report for Reporting Period: Calendar Year WHEREAS, on March 17,2020, the City Council held a public meeting to consider the 2018 Annual Progress Report where members of the public were allowed to provide oral and written NOW, THEREFORE, BE IT RESOLVED, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL HEREBY APPROVES AND ACCEPTS the 2018 Annual Progress Report for the City of Fowler's efforts to implement Fresno Ihereby certify the foregoing is a full, true, and correct copy ofa resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the this 17th day of March, 2020 by the  needs; and  implement the Fresno Mult-urisdictional 2015-2023 Housing Element; and  2018";and  comments; and  Mult-urisdictional 2015-2023 Housing Element.  following vote: AYES: NAYS: ABSTAIN: ABSENT: Attest: City Clerk  Mayor    ITEM  7A-1  RESOLUTION NO. 2460 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA  ACCEPTING THE 2019 HOUSING ELEMENT ANNUAL PROGRESS REPORT  WHEREAS, Government Code S 65400 requires that the City of] Fowler City Council prepare an annual report on the status of and progress in implementation ofi its share of regional housing WHEREAS, the City Council has considered the efforts of both public and private parties to WHEREAS, the City's efforts and those of both public and private parties are summarized int the report entitled" "Annual Housing Element Progress Report for Reporting Period: Calendar Year WHEREAS, on March 17,2020, the City Council held a public meeting to consider the 2019 Annual Progress Report where members of the public were allowed to provide oral and written NOW, THEREFORE, BE IT RESOLVED, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL HEREBY APPROVES AND ACCEPTS the 2019 Annual Progress Report for the City of Fowler's efforts to implement Fresno Ihereby certify the foregoing is a full, true, and correct copy ofa resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the this 17hh day of March, 2020 by the  needs; and  implement the Fresno Mult-urisdictional 2015-2023 Housing Element; and  2019";and  comments; and  Mult-jurisdictional 2015-2023 Housing Element.  following vote: AYES: NAYS: ABSTAIN: ABSENT: Attest: City Clerk  Mayor        ootostota  EBEPREPERREEEPEPEREREE      S.    BEBTABTBTETETAETA    E        TableD ProgramsP PropresE Report  Program! Implementation Status pursuant! toGC8 Section 65583  2023 Ongoang ndior Ongoing Orgoing Ongoing  Proprse Report Cay wiioe Clywi ymid2 2020. 2u20tofacital SelHap ng. omplees. These progess. iy Bonus 2020a ofhousin ptions. es January. ingtheir the code ograns enesgy codes support encouage whemnaive Program.  Ongoing  Cy Central  Councio raal            Jurladiction Reporting Yoar  Fowier 2018  (Jan. 1-1 Dec, 31)  Entitled Units Summary Income Level Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted  Current Year 60 0 0 0 0 0 0 60  Very! Low Low Moderate Above Moderate Total Units  Note: units serving extremely low-income households are included int the  very low-income permitted units totals Submitted: Applications Summary Total Housing Applications Submitted: Number of Proposed Units in AIl Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Usa ofas 35 Bamininn Provialons Number of Applicatlons for Streamlining Number of Streamlining Applications Approved Total Developments Approved with Streamlining Total Units Constructed with Streamlining Units Constructed -SB 35 Streamlining Permits  34 34: 34 0 '0 0 0 0: Total 0 0 0 0 0  Income Very Low Low Moderate Above Moderate Total  Rental 0 0 0 0 0  Ownership 0: 0: 0 0 0:  Cells ing grey contain auto-calculation formulas        ojo  IOAOTATAO-TATRETOTE    adstt    EEEEEEREEES a8e  FE            TableD Progress  Program! Implementation Status pursuant toGCS Section 65583  County  Ongoing Ongoing Ongong Ongoing  CKys  Cay Midony  TheCky The  harprogrest. complant Sonus oly housing Jaruary. property sble ormobuyer onergyelicintyn sersiweenargy. tolendevs. roal far  on CodeE 14:Fin- Time Home uyer Resouces Energy HoaigChace Vouchers 17Fai Housing  oing Ongoing pslor Hoving  their inckuoea avslotioh Housing Choica Voucher Program.  paricpate.            Jurisdiction. Reporting Year  Fowler 2018  (Jan.1-Dec.31)  Entitled Units Summary Income Level Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted  Current Year 60 0 0 0 0: 0 0 60  Very! Low Low Moderate Above Moderate Total Units  Note: units serving extremely low- income households are included int the  very! low-i income permitted units totals Sobmitad Applicatons Summary Total Housing Applications Submitted: Number of Proposed Units in All Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Use of SB: 35 Streamlining Provisions Number ofA Applications for Streamlining Number of Streamlining Applications Approved Total Developments. Approved with Streamlining Total Units Constructed with Streamlining Units Constructed: -SB 35 Streamlining Permits  34 34 34 0 0 0 0 0 Total 0 0 0 0 0  Income Very! Low Low Moderate Above Moderate Total  Rental 0 0 0 0 0.  Ownership D 0 0 0 0  Cells ing grey contain auto-calculation formulas    9852335 PEAEMAA  E POBPPARAAPABEAAEE        a                            Jurisdiction Reporting Yoar  Fowler 2019  (Jan.1- Dec.31)  Bullding Permits Issued by Affordability Summary  Income Level Very! Low Low Moderate Above Moderate  Current Year 0 0 0 D 0. 22 29 51  Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted Deed Restricted Non-Deed Restricted  Total Units income permitted units totals Housing Applications Summary Total Housing Applications Submitted: Number of Proposed Units in All Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Uns uf Ba 35 Btoamlining Proviakts Number ofA Applications for Streamlining Number of Streamlining Applications Approved Total Developments Approved with Streamlining Total Units Constructed with Streamlining Units Constructed SB 35 Streamlining Permits  Note: Units serving extremely low-income households are includedi int the very low-  54 0 0 0 0. 0 0 0 Total 0 0 0 0 0.  Income Very Low Low Moderate Above Moderate otal  Rental 0 0 0 D 0  Ownership 0 0 0 0 0  Cells ing grey contain auto-calculation formulas    ITEM  7B  ORDINANCENO. 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 CHAPTERZTOTTLEIO 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 of the Fowler Municipal Code is  hereby amended to read as follows: 6-1.306- - Animals at large.  No owner ofany 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 ani infraction. An animal that is at large three (3) or more times within any 365-day period shall be deemed a public nuisance and the owner: shall remove the animal from the City incorporated limits. A failure to remove the animal in violation of this section isa misdemeanor. This section shall not apply to a dog in any leash free area ofay park as SECTION2. Section 10-1.05 of Chapter 1 ofTitle 10 of the Fowler Municipal Code is hereby  authorized by the City Council.  amended to read as follows:  10-1.05- Rules and Regulations.  (t) Domestic Animals. Nedomesieanmalsiealowetnteparkexepter eg>ema-easrerbywPitmpemisineefthe-Depatimet: Pets and domestic animals as defined in Title 6, Chapter 1 ofthis Code, are prohibited in parks and facilities, exceptfor dogs on a leash and uder the control ofthe person in possession thereof. This prohibition does not apply to any leash free area ofa park as authorized by the City Council. The owner ofthe dog and/or the person in control or care of the dog shall be responsible for, and to make good, any damage caused in any event bysuch dog whether or not leashed. The provisions of this subsection do not relieve the owner and/or person in control or care  ofsaid dogfrom liability to the Cityf for violation of this Section.  SECTION3. Chapter 2 to Title 10i 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 (offleash) dog park areas. Additional leash free (off-leash) dog park areas may be designated by City Council ordinance or resolution. Use ofany 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 ofa rule or regulation to be included on aj posted sign shall not preclude the enforcement oft the (c) Use of any 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 (a) Dog owners are legally responsible for their dog(s) and any damage and/or injuries caused by their dog(s). Use of the leash free dog area is at owner's risk, and the dog owner (b) Dog handlers must be at least 18 years old and capable of 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 of 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' collar and the collar must be on the dog  enforceable by any means.  shall be legally responsible for dog bites by their 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.  at all 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 of any feces from their dogs in the receptacles provided in or around the leash free (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  dog area at any given time. exceed six (6) feet in length.  dog area.  park by its handler for the remainder of 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 goi into effect and be 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 of the City Council held on March 17,2 2020, and was adopted at a regular meeting of said Council held on April 7, 2020, by the  following vote, to wit: AYES: NOES: ABSENT: ABSTAIN:  3    David Cardenas, Mayor  ATTEST:  Dated: March  2020  Jeannie Davis, City Clerk  AWDOCS023024TORD0071B117.DOC  4    ITEM  7C  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  PERTAININGTO. AUTHORIZED STREET TREES FOR PLANTING THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION1. Section 7-1.05 of Chapter 1 ofTitle 7 of the Fowler Municipal Code is hereby  amended to read as follows:  7-1.05-Planting: Permitted trees.  Itshall be unlawful to plant any tree in any public parking strip or in any area designated by the City for the planting oft trees, except for such species oftrees as provided in the City's  Standards and Specifications as may be amended from time to time.  SECTION2. EFFECTIVE DATE.  This ordinance shall go into effect and be 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 ofthe City Council held on March 3, 2020, and was adopted at a regular meeting ofs said Council held on March 17,2020, by  the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Dated: March  2020  Jeannie Davis, City Clerk  AWDOCS0S00TORD.00715732DOC    ITEM  8  ELECTRICAL FACILITIES UNDERGROUNDING AGREEMENT This Electrical Facilities Undergrounding Agreement ("Agreement"): is entered into California municipal corporation ("City") and Maxco Supply Inc., a California corporation  effective on March  2020 ("Effective Date-"), by and between the City of Fowler, a  ("Maxco"), with respect to the following.  Recitals  A. On August 29, 2017, the City approved Maxco's Site Plan Review Application No. 14-05, authorizing the construction ofMaxco's proposed approximately 280,000 square foot packaging facility on the northeast corner of Golden State Boulevard and East Manning Avenue  in the City ofl Fowler ("Project").  B.  Condition No. 62 oft the Project Conditions of Approval provides that "Tajll  electrical, cable TV, telephone, internet, etc. services shall be provided to the development shall  be undergrounded (including transformers)."  C.  As a result of some uncertainty by PG&E about the undergrounding requirement  in Condition No. 62, Maxco and PG&E arranged to install power poles and overhead power lines within the Project site to provide electrical service to the development (hereinafter "Maxco  Overhead Facilities").  D. In. July 2019, PG&E learned of the undergrounding requirement in Condition No. 62 and informed Maxco that the Maxco Overhead Facilities would not be completed. E. At Maxco's request, and to help avoid a potential substantial delay in the completion of the Project, the City authorized Maxco and PG&E to complete the Maxco Overhead Facilities and for electrical service to be provided to the development temporarily, on condition that the electrical facilities would be undergrounded in the near future. A copy ofa letter dated July 22, 2019, from the City Attorney to PG&E is attached hereto as Exhibit A, and  incorporated herein by reference.  F. City and Maxco desire and intend by this Agreement to set forth the terms and conditions of an agreement between them addressing the undergrounding and removal ofthe  Maxco Overhead Facilities serving the Project. contained herein, City and Maxco agree as follows:  NOW, THEREFORE, in consideration of the terms, promises, covenants and conditions  1. Agreement. 2.  Recitals. The recitals set forth above are true and are a substantive part ofthis Undergrounding of] Maxco Overhead Facilities. Maxco shall perform any and all  acts necessary for relocating the Maxco Overhead Facilities underground SO as to satisfy Condition No. 62, including, without limitation, making necessary arrangements with PG&E and    others. Such relocation shall include, without limitation, undergrounding electrical facilities (including transformers) serving the Project and removing all power poles, lines, transformers and other facilities located above ground. Such undergrounding and removal shall be completed no later than one (1), year after the date the City issues a certificate of occupancy for the Project, unless the City Council of the City of Fowler approves an extension oft the deadline upon terms desirable to the City Council. Maxco shall be solely responsible for all work necessary for the undergrounding and removal of the Maxco Overhead Facilities, including, without limitation, design and construction, engineering, obtaining necessary permits, preparation and (obtaining) approval of any necessary plans and specifications, preparing and overseeing any construction bids, entering into related contracts, and overall management of the undergrounding and removal ofthe Maxco Overhead Facilities. Maxco shall be solely responsible for all costs of undergrounding and removing the Maxco Overhead Facilities, notwithstanding the security for the estimated costs as provided in Section 3 ofthis Agreement. City shall cooperate with Maxco ini issuing any required permit(s) and conducting any required inspection(s) necessary for Maxco to complete the undergrounding and removal of the Maxco Overhead Facilities in a timely  manner as provided herein.  3.  Security for Estimated Cost ofUndergrounding Maxco Overhead Facilities.  Within five (5) days after the Effective Date oft this Agreement, Maxco must provide the City with security in the amount of$105,000.00 to secure the faithful performance oft the undergrounding and removal of the Maxco Overhead Facilities. The security may be in the form ofa surety bond in substantially the form provided in Government Code section 66499.1,ora letter of credit from a financial institution in a form acceptable to the City.  4.  Satisfaction ofCondition No. 62. Maxco'sp performance ofi its obligations under  this Agreement shall satisfy Condition No. 62 of the SPR 14-05 Project Conditions of Approval. Maxco's default under this Agreement will result in a failure to satisfy Condition No. 62, and will be grounds for the City's building official to immediately suspend or revoke the certificate ofoccupancy for the Project, and the City may make a claim or demand against the security provided under Section 3 ofthis Agreement, and also pursue any other legal or equitable  remedies. 5. Undergrounding Work.  Maxco's Authorization for City to Enter Project Site to Complete  (a) This Agreement is intended to be and will serve as Maxco's written authorization to the City to enter upon the Project site toj perform any work necessary to complete the undergrounding and removal of the Maxco Overhead Facilities ifthe following conditions are satisfied: (i) Maxco has failed to complete the necessary undergrounding and removal of the Maxco Overhead Facilities by the applicable deadline provided in this Agreement, (ii) the City has provided written notice to Maxco of such default at least thirty (30) days prior to entry, and the City has provided notice of Maxco's default to the issuer of security required under Section 3 ofthis Agreement. The authorization for entry shall include the City's employees, agents, consultants, contractors, PG&E, and any others the City determines is needed to complete the  necessary work.  2    (b) IfMaxco denies or otherwise prevents City's authorized access to the Project site, the Project shall be deemed in violation oft the SPR No. 14-05 Project Conditions of Approval, and the City's building official may immediately suspend or revoke the certificate of occupancy for the Project. In addition to any other remedies provided in this Agreement or available in law or equity, and notwithstanding Section 6 ofthis Agreement, ifMaxco denies or otherwise prevents City's authorized access to the Project site, the City may immediately commence proceedings to obtain a court order or warrant for entry. In such event, Maxco shall be responsible for reimbursing the City all costs and attorney's fees incurred by the City in seeking and attempting to obtain and enforce such court order or warrant. Interest at the rate oft ten percent (10%) per annum shall begin accruing on any unpaid balance of costs and attorney's fees owed to the City more than thirty (30) days after the City submits a written invoice to Maxco for payment. Dispute Resolution. Ifany dispute arises out of or relating to this Agreement, the  6.  parties agree, upon the request of either of them, to meet and attempt to resolve the dispute by negotiation for aj period of not less than sixty (60) days. Ifthe dispute is resolved or a settlement isi reached within said 60-day period the parties need not continue negotiating for the full 60 days. Ifthe dispute is not otherwise resolved, the parties shall attempt, in good faith, to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the parties mutually agree otherwise in writing. The parties shall mutually select the mediator, but in case ofdisagreement;, the parties shall each nominate one mediator and the two nominations shall mutually select the mediator, whom shall not be either of the nominations provided by the parties. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. Ifmediation fails to resolve the dispute, the parties may pursue any remedies as provided by law, including, without limitation, litigation in a court of competent jurisdiction located in the County of Fresno,  State of California for these purposes.  7.  Assignment. Neither party to this Agreement may assign or transfer by operation  ofl law or otherwise, any or all ofi its rights, duties or obligations hereunder without the prior  written consent of the other party.  8.  Notices. All notices, certificates or other communications hereunder shall be  deemed given when personally delivered or mailed by regular mail, postage prepaid, to the parties at their respective places ofb business. Notices may also be sent by facsimile provided that aproofoff facsimile transmission is made to verify the facsimile transmission. All communication and notices required by the Agreement shall be in writing and provided as  follows:  To City: City Manager City of Fowler 1733 Ninth Street Reedley, CA 93654  To Maxco: ChiefExecutive Officer Maxco Supply, Inc. 605 S. Zediker Ave. Parlier, CA 93648  3    9.  Binding Effect. This Agreement shall inure to the benefit of and shall be binding  upon each party and their respective authorized successors and assigns.  10. Severability. In the event any provision(s) of this Agreement shall be held invalid or unenforceable byai final order of court of competent jurisdiction, that provision shall be deemed stricken from this Agreement and such holding shall not invalidate or render unenforceable any other provisions of this Agreement, the entirety of which shall remain in full  force and effect.  11. Final Agreement. This Agreement and any documents, instruments and materials referenced and incorporated herein represents the entire agreement between the parties with  respect to the subject matter hereof.  12. Amendment. This Agreement may be amended, altered or modified only bya 13. Voluntary Agreement:; Representation by Counsel. City and Maxco each represent that they have read this Agreement in full and understand and voluntarily agree to all provisions herein. The parties each further represent that prior to signing this Agreement they each had the opportunity to apprise themselves of relevant information, through sources of their own selection, including consultation with legal counsel of their choosing, if desired, in deciding whether to execute this Agreement, and each oft the parties is fully informed as to the terms,  written document signed by duly authorized representatives ofboth parties.  conditions and covenants of this Agreement.  14. Interpretation. This Agreement is the result of the combined efforts of the parties hereto and their respective attorneys, and shall be construed according to its fair meaning and as ifp prepared by both parties hereto. Ifany provision of this Agreement is found ambiguous, the ambiguity shall not be resolved by construing this Agreement in favor ofor against any party,  but by construing the terms according to their generally accepted meaning.  15. Governing Law. The rights and obligations of the parties and all interpretations in performance oft this Agreement shall be governed in all respects by the laws oft the State of  California.  16. Partnership/Joint Venture. This Agreement does not evidence aj partnership or 17. Waiver. Any party's waiver ofa breach of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach oft that or any other  joint venture between City and Maxco.  provision oft this Agreement.  18. Attorneys' Fees in Suit on Agreement. The prevailing party in any suit to enforce the terms of this Agreement shall be entitled to recover reasonable attorneys' fees in such suit. 19. Authorized Representatives. Each signatory to this Agreement on behalfofa  4    corporation or entity other than an individual, represents and warrants that he or she is the duly authorized representative oft the party for whom the signatory executes this Agreement and may  bind such corporation or entity to this Agreement.  20. Execution in Counterparts. This Agreement may be executed in counterparts such  that the signatures of the parties may appear on separate signature pages. Facsimile or photocopy signatures shall be deemed original signatures for all purposes. below, enter into this Agreement effective on the Effective Date provided above.  WHEREFORE, Maxco and City, by the signatures of their authorized representatives  MAXCO  CITY: CityofFowler By: ATTEST: By:  Maxco Supply, Inc., a California corporation Max Flaming, Chief Executive Officer Kia Vang, Chief Financial Officer  By: By:  Jeannie Davis, City Manager  Corina Burrola, Deputy City Clerk  VAwdocs0250243AGT0071761DOC  5    EXHIBIT A    David Cardenas Mayor Leonard Hammer Mayor Pro-Tem Council Members: DaniclT. Parra Mark Rodrigucz Karnig Kazarian Jeannic Davis City Manager  6ipdfoforker  1285.SthSTREET - FOWLER, CA93625 VOICE:1559/843113 FAX:1559)834-0185  July 22, 2019 PG&E Attn:. JeffHeidinger Fresno, CA93720  Via U.S. Mail and E-mail eleinger@pecom,  8 River Park Place East, Room 3016C  Re: Overhead Power Installation at MAXCO Development = Manning Avenue and Golden State  Avenue in the City of Fowler  To Whom it May Concern:  This letter is written on bchalfofthe City ofFowler ("City") )and at the request ofthe property owner ofthe MAXCO development site along Manning Avenue near Golden State Avenue in the Cityof The City understands that power poles and overhead power lines have been installed on-site at the MAXCO property in anticipation of providing power to the development. Thc conditions of approval for the development clcarly require that all on-site utilities must be underground. The City has no idea how the property owncr and/or contractor could miss such an obvious condition. In any event, to prevent a substantial delay in the project's completion, the City and the property owner are working on an interim solution to address the property owner and/or contractor's obvious error. The details ofthe interim solution are still to be worked out between the City and property owner. However, the end result will be that the property owner will underground all on-site overhead power lines in the relatively near future in order to comply with the obvious condition of approval that was This letter is to inform PG&E that the City will not prevent PG&E from completing the current installation oft the poles and providing overhead power to the site. However, please be advised that the property owneri is to be making immediate arrangements with PG&E to schedule the upcoming subsequent undergrounding to be completed in 2020, and the property owner will be solely Please contact me at (559) 431-5600. or the Fowler City Engincer. David Peters, PE, at (559)299-  Fowler.  somehowi overlooked, ignored, or blatantly disregarded.  responsible for all costs ofs such undergrounding. 1544, with any questions regarding this letter. Hhh  Sincerely Scott G. Cross City Attorney  cc: Jeannic Davis, City Manager (via e-mail) David Peters, PE, City Engineer (via e-mail) Chris Brown, Counsel for MAXCO (via e-mail)  Idxo.S03FITR    ITEM  9A  $  @ de    88888888888 888 888 08 d8 388888888888888888888888888 Gododccodod 000 000 o o 0000000000000000006    8888888888888888 88888888 8888888 88888888888 0000000000000000 00000000 0000000 00000000000    00 o0r  8888888848 00  8888 8 8 8888888888 88888888 8 88888888 8 8888888888 0000 o o 6666666666 00000000 o 00000000 o 66666666co  36380838368 000000    8888888888 8 8888888888 8 8888888888 8 8888888888888 6666666666 o 6000066666 o 0000000000 o 0000000000000    38888888888888888888888888888888888 88888888 000000000000000000000006000000066666600000006 00000000    2992299222 INNN  888888 88888888888 88888888888888 00 00 00 00 8888888888  000000 00000000000  o o o o 66666666od    888   sas 9  8888 8 d0 00 888 00 00 - 888 d8 888 8 8 338888888888 8 0000 o o o 000 o o 0o o o 000 o ç 00006C606G0C o    3888888889883: KRAB  :  000  0A95  888 d8 00 00 888 8 88888 8 8 8 88888888888888 8888 888 000 o o o 000 o 00000 o d 0 aoddodddddddod 0000 000  00    800  8888 888888 8 d8 88888888888 8888 888888888 8 888 88 000 000000 o o 00000000000 0000 000000600 o 000 00  989899  dade KEERRRRRR    0  me  88 Ra  88888 8888 8 8 888 8 08 8888888888 8 8888 8 88888888 00000 0000 o o 000 o o 0666666666 o 0000 o 00000000  088        A  888    A  288  8888 8 8 0000 o o  990    41  88888888888 8 8 8 00000000000 o o o  d3d 0000000000  NNNN    1  38888888888888888888888888 8 888888 8 d8 8888888888888 0000000000000000000 o 000000 o o coccococccccc    6  388888888888888888888888888888888 00 00000000000000000000000000000000  888 d8 00 d0 8 000  o    -  AS 1  888 d8 8 d8 d8 88888 8 8 d8 d8 8888 08 8 000 o o d o 00000 o o o o 0000 o o  88  808    9  888 d0 000 0    9  0 0    ITEM  9B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING MARCH3, 2020  Mayor Cardenas called the meeting to order at 6:05 p. m. Roll call was taken.  Councilmembers Present: Cardenas, Hammer, Parra, Rodriquez, Kazarian (arrived at 6:06  p.m.) City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, City Engineer Peters, Public Works Director Dominguez, Attorney Jed Borghei  PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  The meeting adjourned to a closed session at 6:06 p.m.:  Pursuant to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel Existing Litigation Name of Case: City of Fowler V. The Dow Chemical Co.et al. San  Francisco Superior Court Case No. CGC-1 18-567967  The meeting reconvened to open session at 7:12 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Mayor Pro-Tem Hammer made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 7:12 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  MARCH3,2020  Mayor Cardenas called the meeting to order at 7:18 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez  City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, City Engineer Peters, Finance Director Uyeda, Planning/Police Secretary Zavala  The Flag Salute and Pledge of Allegiance were followed by a moment ofs silence and reflection.  PUBLIC PRESENTATIONS sweeping the streets. YOUTH FOOTBALL  Patric Jones, Fowler resident, expressed his concerns that the street sweeper is not thoroughly CONSIDER REQUEST TO APPROVE YOUTH SPORTS FUNDING FOR FOWLER City Manager Davis received a request for Youth Sports funding from Fowler Youth Football in the amount of $2,000.00. Lupe Orosco, President of the Fowler Youth Football said he would like to get the youth involved in sports; the goal is to get about 100 students, in three levels ranging from 71 to 13 years ofages and would like to purchase equipment and jerseys for these youths. Mayor Pro-Tem Hammer made a motion to approve the request for funding to Fowler Football in the amount of $2,000, seconded by Councilmember Rodriquez. The motion carried by unanimous voice vote: Ayes: Cardenas, Parra, Hammer, Kazarian, Rodriquez. Noes: None. Abstain/Absent:  None.  COMMUNINCATIONS  City Manager Davis said the City's Annual Rabies clinic is Saturday, March 28, 2020 from 10:00  a.m. to 1:00 p.m., in the City Hall breeze way.  STAFF REPORTS  FIRST READING OF ORDINANCE NO. 2020-01  Public Works Director Dominguez said the ordinance is to amend Section 7-1.05ifc Chapter 1 of the Title 7 oft the Fowler Municipal Code pertaining to Authorized Street trees for planting. City Attorney Cross said the list of the trees will be removed from the City's Municipal Code and instead a new updated tree list will be put into the City's Standard Specifications. A redline version oft the ordinance amendment which shows the text changes to the street tree provision was  provided.    Councilmember Parra made motion to waive the first reading and approve Ordinance No. 2020- 01, "An Ordinance of the City Council oft the City of Fowler Amending Section 7-1.05 of Chapter 1of Title 7of the Fowler Municipal Code Pertaining to Authorized Street Trees for Planting", seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  CITY MANAGER'S REPORT  City Manager Davis said escrow for the purchase of the property at 119 S. 6th Street has been She said the agreements have been signed by United Health Center (UCH) and escrow will be Ms. Davis said she was contacted by the Economic Development Corporation of Fresno. They will be partnering with a local broadcaster and would like to interview Councilmember Kazarian. The segment will be broadcasted on local television and will be posted on the City's website.  completed.  processed as soon as possible.  PUBLIC WORKS REPORT  Public Works Director Dominguez said he is currently working on providing proposals for LED  lighting.  FINANCE DIRECTOR'S REPORT Nor report was given.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz circulated the DOJ Part 1 Crime statistics for the month of January 2020.  FIRE DEPARTMENT REPORT No report was given.  CITY ATTORNEY'S REPORT No report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants = March 3, 2020; B) Approve Minutes of the City Council Meeting - February 18, 2020; C) Approve Participation in Fresno County's Urban County Community Development Block Grant (CDBG) Program for Program Years 2021-22, 2022-23 and 2023-24 and Authorize the Mayor or City Manager to Sign the Joint Powers Agreement on the City's Behalf; D) Approved Proposal from Peter's Engineering to  Develop a Municipal Water System Model for Amount not to Exceed $49,700.    Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer,  Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Mayor Pro-Tem Hammer said the Easter Egg Hunt event is scheduled for April 4", Spring Fest is scheduled for April 18+h and the Mayor's Breakfast will be at Mi Favorito Restaurant on May gth Councilmember Kazarian attended the Five Cities Economic Development meeting varies topics were discussed. He said they discussed marketing campaigning; they are in the process of deciding He mentioned that the City of Kingsburg announced that they are working on Agritourism; this is something he has wanted to get the City of Fowler involved in. He spoke with the City Manager of Councilmember Parra expressed the importance of filling out and submitting your 2020 U.S. Councilmember Rodriquez said the 82nd Airborne are starting to return from Iraq, his son is one  2020.  on a logo and website for not only business purposes but social interaction.  Kingsburg for the possibility ofp partnership.  Census packets.  who returned and his other son will be graduating from Virginia this month.  ADJOURNMENT  Having no further business, Councilmember Parra made a motion, seconded by Councilmember  Kazarian to adjourn. The motion carried and the meeting adjourned at' 7:47 p.m.    ITEM  9C  STAFF REPORT  DATE: TO: FROM:  March 17,2020  Honorable Mayor and City Councilmembers Dario Dominguez, Public Works Director  SUBJECT: Amendment to the City Standards and Specifications  RECOMMENDATION:  That the City Council approve the proposed Tree Planting List in Standard Drawing M-13 ofthe  City Standards and Specifications.  BACKGROUND:  The existing tree list located within the Municipal Code will be deleted and be relocated to M-13 oft the Standard Drawings and Specifications. This would facilitate amendments and or changes in the future, and we would only have one list instead of several lists in different locations. The existing tree list also was modified because historically there were some trees that have continuously brought problems to the City's facilities such as sidewalks. Public Works met internally several times and with the assistance of Tree Fresno and the new Community Landscape Plan, we were able to develop the tree list for your consideration today.  FISCAL IMPACT: No impact to General Fund.    CITY OF FOWLER TREE: LIST  TYPE D D D D D D D D EG D EG D D EG EG D D D D D D D EG EG EG EG D D  SCIENTIFIC NAME  COMMON NAME PALO ALTO SWEET GUM MAIDENHAIR TREE CHINESE FLAME TREE GOLDENRAIN TREE TULIP TREE SOUR GUM CHINESE PISTACHE LONDON PLANE TREE HOLY OAK RED OAK AFRICAN SUMAC CHINESE TALLOW TREE SAWLEAF ZELKOVA SOUTHERN LIVE OAK CAMPHOR TREE CRAPE MYRTLE BAYLAUREL TREE SCARLET OAK MARINA STRAWBERRY CHINESE FRINGE TREE CHINESE ELM SCARLET MAPLE CORK OAK DEODAR CEDAR COASTLIVE OAK ITALIANCYPRESS REDPOINTE MAPLE AUTUMN BLAZEMAPLE  FRANXINUS OXYOARPA RAYWOOD' GINKGO BILOBA AUTUMN GOLD' KOELREUTERIA HENRYI KOELREUTERIA PANICULATA LIRIODENDRONTULIPIFERA NYSSA SYLVATICA PISTACIA CHINENSIS PLATANUS ACERIFOLIA QUERCUS ILEX QUERCUS RUBRA RHUS LANCEA SAPIUM SEBIFERUM ZELKOVA SERRATA QUERCUS VIRGINIANA CINNAMOMUM LAGERSTROEMIA CULTIVARS LAURUS NOBILIS QUERCUS COCCINEA ARBUTUS "MARINA' CHIONANTHUS RETUSUS ULMUSI PARVIFOLIA ACER RUBRUM "OCTOBER GLORY QUERCUS SUBER CEDRUS DEODARA QUERCUS AGRIFOLIA CUPRESSACEAE SAPINDACEAE ACER FREEMANII  D=D DECIDUOUS EG= EVERGREEN  REVISION! DATE 3/17/2020  CITY OF FOWLER  STD.DWG. M-13 2OF 3  STREET TREE PLANTING