1908 AGENDA JANUARY 7, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625 FOWLER CITY COUNCIL MEETING Inc 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.fowlerciy.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 in full, further reading of the resolution or ordinance shall be Public Hearing: To Consider Supplemental Action Related to the Sunnyside-South deemed waived by unanimous consent of the Council. 6. Southwest Reorganization A. Consider Adoption of Resolution No. 2456, "A Supplemental Resolution Before the City Council of the City of Fowler County of Fresno, State of California Requesting that the Local Agency Formation Commission Undertake Proceedings for The Sunnyside-South Southwest Reorganization" 7. Presentations: A. Voter's Choice Act Update - Brandi L. Orth, County Clerk/Registrar of Voters 1. Consideration of Approval Resolution No. 2457, "A Resolution of the City Council of the City of Fowler, California, in Support of the Voter's Choice Act" B. FIA Restoration Project - Fowler Improvement Association 8. Communications 9. Staff Reports A) City Engineer's Report B) City Manager's Report C) Public Works Report D) Finance Department Report E) Police Department Report F) Fire Department Report 10. City Attorney's Report 11. 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 Councimember objects to an item, then it should be removed and acted upon as a separate item. A) Ratification of Warrants - January 7, 2020 B) Approve Minutes of the City Council Meeting - December 3, 2019 C) Consider Approving Staff's Recommendation to Reject Late Claim Application D) Approve Resolution No. 2458, "A Resolution of the City Council of the City of Jennie Klapperich, Claimant, VS. City of Fowler Fowler Approving Development and Planning Fees for 2020" 2 12. Committee Reports (No action except where a specific report is on the agenda) Mayor Cardenas Mayor Pro Tem Hammer Councimember Kazarian Councilmember Parra Councilmember Rodriquez 13. Closed Session: Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 130 S. 6th Street. Agency Negotiators: City Manager. Negotiating Party: United Health Centers. Under Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 119 S. 6th Street. Agency Negotiators: City Manager. Negotiating Party: Alex Sheriffs and Joan Rubinstein. Pursuant to Government Code Section 54956.9(d)(1) = Conference with Name of Case: City of Fowler V. The Dow Chemical Co. et al. San Francisco Superior Court Case No. CGC - 18-567967 Negotiation: Price, terms. Under Negotiation: Price, terms. Legal Counsel - Existing Litigation 14. Adjournment Next Ordinance No. 2020-01 Next Resolution No. 2459 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, January 3, 2020. OpaPade Corina Burrola Deputy City Clerk 3 TO: FROM: SUBJECT: DATE: City of Fowler City Council Dawn E. Marple, City Planner Jeffrey O'Neal, AICP, Deputy City Planner Public hearing to consider supplemental action related to the Sunnyside-South Southwest Reorganization January 7,2020 - RECOMMENDATION Staff recommends that the City Council initiates proceedings to detach approximately 67.17 acres at the southwest corner Sumner Avenue and Sunnyside Avenue and the northeast corner of Parlier Avenue and Sunnyside Avenue from the Kings River Conservation District as part of the Sunnyside-South Southwest Reorganization. II. BACKGROUND & PROJECT DESCRIPTION On May 7,2019 the City Council took several actions to approve a proposal from RJ Hill to subdivide, prezone, and initiate annexation of lands associated with Vesting Tentative Tract Map No. 5952 at the southwest corner of Sunnyside and South Avenues (APN 345-100-195). Also included in the approved prezoning ordinance and annexation initiation was APN 345-100-07 at the northeast corner of Parlier Avenue and Sunnyside Avenue. From the May 7,2 2019 staff report: Annexation No. 19-01. The project site is within the City's Sphere of Influence and is adjacent to the SOI boundary on the west and south. The Fresno Local Agency Formation Commission (LAFCO) will consider a request for annexation once the City has approved the project and initiated the annexation process. At the request of the applicant, the subject parcel as well as APN 345-100-07, a 28.67-acre parcel located southeast of the VTSM No. 5952 site, would be The tax-sharing MOU between Fresno County and the City requires that at least 50% of land proposed for annexation be subject to a land use entitlement such as a tentative tract map. In this case, VTSM No. 5952 on 39.91 acres would allow the 28.67-acre second parcel to also be annexed. APN 345-100-07 is designated Medium Low Density and would be pre-zoned R-1-7. When development is proposed on this parcel, analysis of the development plan and annexed approximately 67.17 acres in total). environmental review will be required by the City. Fowler City Council Detachment from Kings River conservation District January 7 2020 1 Should the project be approved, an application will be prepared, and fees will be paid by the applicant to LAFCo, which would conduct its own hearings on the annexation. At the conclusion of thel May 7, 2019 public hearing, the City Council adopted the following: 1. Resolution No. 2426, adopting the Initial Study/Mitigated Negative Declaration prepared for the 3. Ordinance No. 2019-02, prezoning the subject properties R-1-6 and R-1-7, respectively; project; 2. Resolution No. 2427, denying a General Plan Amendment; 4. Resolution No. 2428, approving VTTM: No. 5952; and Resolution No. 2429, initiating reorganization proceedings. Specifically, Resolution No. 2429 requests that Fresno LAFCO "undertake proceedings for the Sunnyside-South Southwest Reorganization," which consists of "annexation to the City of Fowler and the Selma-Kingsburg- Fowler County Sanitation District and detachment from the Consolidated Irrigation District and the Fresno County Fire Protection District." However, upon annexing to the City of Fowler, the lands must also detach from the Kings River Conservation District (KRCD), which staffinadvertently omitted from the resolution. Figure 1 contains an aerial photo showing the project site in relation to other facilities. Figure 2 shows the Fowler General Plan land uses. Figure 3i illustrates the zoning of the site and vicinity. III. ANALYSIS In order to move the project forward, the City must request that LAFCO detach the project site from KRCD. The attached resolution will serve as a supplement to Resolution No. 2429 and willl be submitted to LAFCoV with the application package. IV. CEQA As mentioned above, the City Council adopted Resolution No. 2426, adopting a mitigated negative declaration. The request to detach from KRCD, which should have been included in the original resolution initiating the reorganization and was accidentally omitted, does not change any of the analysis contained within the adopted IS/MND. Attachments: Figure 1-4 Aerial Figure 2- General Plan Figure 3-Zoning Fowler City Council Detachment from Kings River Conservation District January 7 2020 2 BAVepIsAuunss, eAV SIAOIS S: PAVIIH OAV ueuowis PAVApues eAvepiskuuns S OAV SIAOIDS yueuowrs AV/9PISAWunSS ITEM W 6A RESOLUTION NO. 2456 OF THE CITY OF FOWLER RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA SUPPLEMENTAL RESOLUTION REQUESTING THAT THE LOCALAGENCY FORMATION COMMISSION UNDERTAKE PROCEEDINGS FOR THE SUNNYSIDE-SOUTH SOUTHWEST REORGANIZATION WHEREAS, via adoption of Resolution No. 2429, incorporated herein by reference; the City of Fowler requested that the Fresno Local Agency Formation Commission initiate proceedings pursuant to the Conee-Kmox-Hetzhetg Local Government Reorganization Act of 2000, Division 3, commencing with Government Code Section 56000 for the proposed Sunnyside-South Southwest Reorganization; and WHEREAS, the specific changes of organization requested in Resolution No. 2429 consisted of "annexation to the City of Fowler and the elma-kimgbuplowlet County Sanitation District and detachment from the Consolidated Irrigation District and the Fresno County Fire Protection District," and WHEREAS, the Project Site is situated within the Kings River Conservation District and WHEREAS, on January 7, 2020 the City Council did conduct a duly noticed public hearing WHEREAS, the City Council, via Resolution No. 2426 has adopted a mitigated negative WHEREAS, the City Council finds that detachment from the Kings River Conservation District does not materially change any of the description or analysis, nor change any of the NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL HEREBY ADOPTS this Supplemental Resolution of Application and the Local Agency Formation Commission of Fresno County is hereby requested to initiate proceedings for the Sunnyside-South Southwest Reorganization in the manner prescribed by Ihereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the 7th day of January 2020 must be detached from that District as well; and to consider said detachment; and declaration for the project pursuant to the California Environmental Quality Act. determinations, contained within the adopted mitigated negative declaration. the Comese-nox-Hetzbetg Local Government Reorganization Act of2000. by the following vote: AYES: NAYS: ABSTAIN: ABSENT: David Cardenas, Mayor Attest: Jeannie Davis, City Clerk ITEM 7A-1 RESOLUTION NO. 2457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER, CALIFORNIA, IN SUPPORT OF THE VOTER'S CHOICE. ACT WHEREAS, on March 12, 2019, the Fresno County Board of Supervisors voted to transition to the Voter's Choice Act ("VCA") election model in March 2020, rather than continuing with the current precinct model; and WHEREAS, the VCA model increases voter's opportunity to receive service by increasing the days and opportunities for voters to vote, and reduces the total number of staff that must be recruited and trained for elections, resulting in well-trained, experienced staff; and WHEREAS, the County held five community outreach meetings regarding the transition, and the majority ofattendees favored the VCA model over the current precinct mode; and WHEREAS, the VCA requires participating counties to fle and follow an education WHEREAS, the City ofFowler supports the County's change to the VCA model and outreach plan to prepare their citizenry for the voting method change; and and wishes to participate in the citizen outreach. NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City ofFowler as follows: 1 The City ofFowler supports Fresno County's transition to the VCA election model 2 The Council hereby requests to participate in education and outreach meetings 3. The Council hereby requests the County Clerk provide notice to the Council regarding the date, time, and location ofall future community meetings regarding the transition and any public hearings held in compliance with the VCA. 4 As allowed within federal and state grant requirements, City staffv will work with the County Clerk to provide free or reduced price rides using City buses on days ballots are being accepted during the voting period. City Staff will also work with the County Clerk to ensure that voting centers are placed along or near City bus routes. inMarch 2020. required by the VCA. Thef foregoing resolution was duly approved byt thel Fowler City Council ata regular meeting held onthe7th dayo of January 2020byt thef following vote, towit: AYES: NOES: ABSTAIN: ABSENT: David Cardenas, Mayor Attest: Jeannie Davis, City Clerk DEC182019 BY:. CITY OF FOWLER AGENDA REQUEST FORM ITEM 7B Check one: Please place the following item on the next regular agenda for discussion: % Iwould like to report on the following subject: FTA restoratim prajcck Requested by: AAN KINNEV Name 12/8/19 Date fwler Imptouemert Bssoc. (559) Organization Address Phone number Fax number Nop fowler Reportslattachments to bei included: Yes Please note: A request to be placed on the City Council agenda must be received no later than 12:00 noon on the Wednesday preceding the Council meeting. The City Council meets on the first and third Tuesdays oft the month at 7:00 p. m. ITEM 11A 6 888 8 8888888888 3888888883 3888888833 d8 8 88888 o 000 o 0000000000 0000000000 0000000000 o o 00000 888888888 3888888 0000000 888 ogoo 00000000000 aasasaaaaae - 5 ife 888 888 8 ç 0 0 0 00 do d0 d0 0 888 8888888 o 000 0000000 88800 2 00009 388888888888 8 888 00 88888 88 88 08 000000000000000000000 o o o o o 00000 o o o o 2999999999999885 8888888888888 8 8 6666006000000 o o 09999999 000000000000 om 888 Noolo 6R6 Es 88 88 d8 888 888 888888 888 d8 8 d8 888888888 8 8 8 o o 000 000 000000 o 000 o o o 000000000 o o o 39999999 eooo 0000U anaaa 00 00 ITEM 11B MINUTES OF THE FOWLER CITY COUNCIL MEETING DECEMBER3,2019 Mayor Pro Tem Hammer called the meeting to order at 7:00 p. m. Roll call was taken. Councilmembers Present: Hammer, Kazarian, Parra Councilmembers Absent: Cardenas, Rodriquez City Staff Present: City Manager/City Clerk Davis, City Attorney Cross, Finance Director Uyeda, Police Chief Alcaraz, Public Works Director Dominguez, City Engineer Peters, Deputy City Clerk Burrola The Flag Salute and Pledge of Allegiance were followed by a moment of silence and reflection. PUBLIC PRESENTATIONS Suzie Rico-Vasquez, Fowler resident and employee with the Fresno County Public Health Advocates said she submitted an application to California Walks. The Community Pedestrian and Bicycle Safety Training (CPBST) program is a joint project of UC Berkeley SafeTREC and California Walks. The CPBST includes training and skill building in pedestrian and bicycle safety and creates opportunities for collaboration among communities, local officials and residents. The goal is to help make communities safer and more pleasant for walking and biking. A grant was Marlon Dick, Fowler resident, said he has been attending monthly meetings at the Fresno County Registers of Voters Office. He said starting in March 2020; you have 3 choices for how to vote: by mail, drop box, or vote center, 10 vote centers will be open for 11 days and 40 Voter Centers will be open 4 days including weekends. He said Fowler may likely have a voter center located at awarded to the City to perform a walk and bike audit. the Fresno County Library ini the City. SPECIAL RECOGNITION Mayor Pro-Tem Hammer presented certificates of recognition to five elementary students from Fowler. They were honored and recognized for their hard work to raise funds by selling lemonade. Karina Cleveland, Gavin Martin, McKenna Garcia, Delilah Ayon, and Audrina Ayon raised $3200 and decided to use the money to support the Fowler Senior Citizens Center and Kids Closet at Marshall Elementary School. FOWLER COMMUNITYLANDSCAPE PLAN2019- TREE FRESNO City Manager Davis introduced Mona Cummings, Lee Ayres, and Bruce O'Neal from Tree Fresno. Mona Cummings, CEO with Tree Fresno provided a PowerPoint presentation on the Fowler Community Landscapes Plan. Ms. Cummings said the overall purpose of the Community Landscapes Plan is to reduce emission, and increase the absorption of greenhouse gases and to improve the environment with trees and green vegetation. There were two community events that took place at Sutter Middle School which included input from the community. A consultant team used their expertise to provide knowledge into the landscape plan. The Fowler Community Landscapes Plan will build upon the legacy of trees in the San Joaquin Valley's environment history and result in cleaner air; thanks to the larger tree canopy, less asphalt, and more public open space, greenways and beautiful landscapes. Ms. Cummings said Fresno County communities are currently at 10% urban tree canopy coverage, the average for the State of California is 15%, studies show that 25% to 35% is where we need to be. Trees planted along transportation thoroughfares will not only filter pollutants from the air, but also mitigate noise pollution from passing automobiles and trains, thereby improving environmental conditions for Fowler's residents. Planting the right trees in the right plaçes in the future will build upon Fowler's agricultural history. Ms. Cummings said a resolution has been submitted for approval for the acceptance oft the document and to approve forwarding to staff and general plan consultants for Bruce O'Neal, Chair of the Board with Tree Fresno, said they worked with Fresno COG on this project and they intend to present it to the COG policy board. Lee Ayes, former CEO, with Tree Councilmember Kazarian made a motion to approve Resolution No. 2452, "A Resolution of the City Council of the City of Fowler County of Fresno, State of California Accepting the City for Fowler Community Landscapes Plan", seconded by Councimember Parra. The motion carried by voice vote: Ayes: Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: Cardenas, consideration. Fresno presented this plan last year. Rodriquez. COMMUNINCATIONS City Manager Davis said the Christmas Tree Lighting event is Saturday, December 7, 2019 from 2:00 p.m. to dusk and the Children's Shopping Day is Saturday, December 14, 2019 from 11:00 a.m. to 1:00 p.m. STAFF REPORTS CITY ENGINNER'SH REPOT City Engineer Peters said the applicant, K. Hovanian CA Land Holding, LLC is proposing to develop a 74 lot subdivision. The subdivision is in the second phase approved under TTM 5834 in 2007. The applicant has complied with condition of approval of the approved tentative map. The applicant has submitted the public improvements plans and the final map to the City, both of which have been reviewed and approved by the City Engineer. Following acceptance oft this map by the City, the City Engineer shall deliver the final map to the Fresno County Recorder. Councilmember Parra made a motion to approve Resolution No. 2453, "A Resolution of the City Council of the City of Fowler Approving Final Tract Map No. 6259 and Accepting Street Dedications and Easements", seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: Cardenas, Rodriquez. CITY MANAGER'S REPORT City Manager Davis said City staffi is currently busy working with current development projects. PUBLIC WORKS REPORT currently being set up. Manning Avenues. Public Works Director Dominquez said the Christmas decorations are up and the Christmas tree is He: said cleanup has been completed on southbound Golden State Blvd between Adams and FINANCE DIRECTOR'S REPORT Finance Director Uyeda said as discussed and approved inj previous Council meetings, he proposed to enroll the City into the Fresno County Teeter Program, where the City receives all property taxes billed on a fixed schedule rather than collected. He recommends the Council approve resolution requesting the Fresno County Board of Supervisors authorize the Fresno County Auditor-Controller/Treasurer- Tax Collector to apportion property taxes to the City of Fowler Councilmember Kazarian made a motion to approve Resolution No. 2454, "A Resolution of the City Council of the City of Fowler Requesting Inclusion into the Alternative Method of Property Tax Distribution Known as the Teeter Plan", seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: according to the Teeter Plan. Cardenas, Rodriquez. Approval of Purchase of Water Meter Reader/Transmitters Finance Director Uyeda said the City installed a new water meter reading system due to equipment failure. The new system features the ability to read water meters and transmit data directly via cell phone to the City's water usage/billing system with having to cone into the office. Each device costs $2,650 and he is recommending the purchase of3 totaling $8,663.51. The cell phones are Councilmember Kazarian made a motion to approve the purchase of Water Meter Readers/Transmiters, seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: Cardenas, Rodriquez. free and would only cost the City the minimum monthly usage fee. POLICE DEPARTMENT REPORT Police Chief Alcaraz said the department received a $500 donation from an anonymous donor for the Explorer Program. He said on November 22, 2019 the Explorers were taken to the Museum of He mentioned the department will be hosting "Coffee with a Cop" on Thursday, December 12th, Tolerance. from 8:00 a.m. to 10:00 a.m. and 5:00 p.m. to 7:00 p.m. at the Fowler Starbucks. FIRE DEPARTMENT REPORT Noi report was given. CITY ATTORNEY'S REPORT Noi report was given. CONSENT CALENDAR The consent calendar consisted of: A) Ratification of Warrants - December 3, 2019; B) Approve Minutes of the City Council Special Meeting and City Council Meeting November 19, 2019; C) Approve Resolution No. 2454, "A Resolution of the City Council of the City of Fowler in the Matter of Federal Transportation Project Selection and Implementing Timely Use of Funding" Councilmember Kazarian made a motion to approve consent calendar items B, seconded by Mayor Pro-Tem Hammer. The motion carried by voice vote: Ayes: Hammer, Kazarian. Noes: None. Councilmember Parra made a motion to approve consent calendar Items A and C, seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Hammer, Kazarian, Parra. Abstain: Parra. Absent: Cardenas, Rodriquez. Noes: None. Abstain: None. Absent: Cardenas, Rodriquez. COMMITTEE REPORTS Mayor Pro Tem Hammer said he attended the Sikh Parade; attendance was low due to the rain. The Christmas Tree Lighting is scheduled for Saturday, December 7th rain or shine. Councimember Kazarian attended the Sikh Parade. He said he met with the representative of the Danish American Museum to look at sites for the proposed project. Councimember Parra attended the Sikh parade. CLOSED SESSION The meeting adjourned to a closed session at 8:05 p.m. pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: 130S.6" Street. Agency Negotiators: City Manager. Negotiating Party: Untied Health Centers. Under Negotiation: Price, terms. The Council reconvened into open session at 8:14 p.m. with no reportable action taken. ADJOURNMENT Having no further business, Councilmember Parra made a motion, seconded by Councilmember Kazarian to adjourn. The motion carried and the meeting adjourned at 8:14 p.m. CITYOF FOWLER 128 S. 5TH STREET FOWLER, CA 93625 (559)834-3113 (559,834-0185FAX CLAIM. FORM FORMB (Please Type Or Print) (Name of Entity) ITEM 11C SUEIVA MAY 20 0 2019 BY: CLAIMAGAINST Claimant's name: SS#: Claimantsaddress: City of Fowler Jennie Klapperich DOB: Gender: Male Female X Address where notices about claim are tol bes sent, ifdifferent froma above: Datec ofincident/accident; 03/11/19 Location ofincident'acident: Approximately 10:30 a.m. Date injuries, damages, or losses were discovered: 034149_Approximately. 11:00a.m. Manning and De WolfAve What did entity or employee do to cause this loss, damage, ori injury? Repair road (Use back oft this form ors separate sheeti ifn necessary to answer this question in detail.) What are the names oft the entity's employees who caused thisi injury, damage, or loss (ifknown)? What specific injuries, damages, or losses did claimant receive? See attached document Jennie & Jeremy Klapperich (Useb back oft thist form ors separate sheeti ifn necessary to answer this question in detail.) What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of jurisdiction. Note: IfSuperior and Municipal Courts are consolidated, you must represent whether itisa" "limited civil case" [see Government Code910(01 How was this amount calculated (please itemize)? See attached (Use back oft this form or separate sheet fnecessary nswer this questioni detail.) Date Signed: Ifs signed by representative: Signature: Representative's) Name Telephone# Relationship to Claimant Jennie apperich Address 23 October17-2019 B Response to the Form B from the City of Fowler Good afternoon, My Name is Jennie Klapperich. Iwould like to request to be reimburse for $874.98 for the cost to replace my rim on the right front side of my 2004 Lexis. My car rim was damage on March 11th at 10:30 a.m. by a pothole. I was preceded to drive down Manning Ave and just aslwas crossing Golden State Hwy going west down on Manning Ave approximately 65 feet after the railroad. Ihit al large pothole about three feet wide and fivei feet long that damage myf front right rim. (Please see attached) The nearest cross road is De Wolf Ave and is still within the City Icalled Fresno County to report the pothole and the woman said that it was within the City of Fowler city limits, and that al large amount of people has been reporting the potholes and that people had been calling regarding pothole in Fowler. The next day, Icalled the City of my damage rim due to the pothole. She said that I can turn in a clam form for the cost of the rim. She said she was new to thej job and did not have too much information as she was new to the The pothole just keeps getting filled with asphalt and you still have the same problem next winter and spring during the rains, and the holes just get! large and large with asphalt and is not getting correctly repaired and not being repaired properly, which causes damage to many car of Fowler. position. Please see attached fori the amount fori the cost of my rim to my car. rims and vehicles to become damaged. 275 NOV1 5.2019 H: AGW November 15, 2019 Dear: City Clerk I'm requesting for the claims to be reconsidered as a late claim under the government code 910.6 in not meeting the specified time present within six months of the claim that was originally submitted and returned within the Six months' time frame but needed addental information that was originally summited. Iwas sure that is the statement was drop off with all information needed explaining how the damage was done and locations. I am asking for my claim to reconsider as to mistakenly misplaced information (statement) needed. If you need addental information, please contact me at Klapperich T- RESOLUTION NO. 2458 ITEM 11D AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING DEVELOPMENT AND PLANNING FEES FOR 2020 WHERAS, pursuant to Government Code Sections 66000 and 66014 et seq. the City is authorized to impose development impact and planning fees on new development projects; and WHEREAS, pursuant to Ordinance No. 2000-06 and Resolution No. 1805 (adopted by the City Council on July 18, 2000), Ordinance No. 2002-09 and Resolution No. 1895 (adopted by the City Council on December 2, 2002), and Ordinance No. 2206 (adopted by the City Council on October 19, 2010), and the City adopted development impact after finding a reasonable relationship between each fees use and the type of development project on which the fee is imposed and as to how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and WHEREAS, the development impact fee ordinances, as reflected in Section 3-8.06 of the Fowler Municipal Code, allow for an annual inflationary adjustment in the development impact fees to reflect increases in construction costs. The measure used is the National Average Construction Cost Index according to the Engineer News Record; and same. rate as the Development Impact Fees annually; and WHEREAS, Resolution No. 2206 allows for the Planning Fees to be increased at the WHEREAS, such inflationary adjustments do not increase the basis of the development impact or planning fees and are therefore not considered increases in development impact or planning fees pursuant to Government Code section 66001; and WHEREAS, the inflationary index for 2020 is 2.6%; and WHEREAS, the rates set forth in Exhibit A and Exhibit B reflect a 2.6% inflationary NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fowler Approve the rates, fees and charges set forth in Exhibit A as the development impact fees PASSED AND ADOPTED by the City Council of the City of Fowler at a regular adjustment. as follows: 1. and in Exhibit B for the planning fees for the City of] Fowler effective. January 1,2 2020. meeting held on the 7th day of. January 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST David Cardenas, Mayor City ofFowler Jeannie Davis, City Clerk STAFF REPORT TO: FROM: DATE: CC: MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER SUBJECT: 2020 DEVELOPMENT AND PLANNING FEES JANUARY2,2 2020 JEANNIE DAVIS, CITY MANAGER REQUESTED ACTION: Adopt Resolution 2020- approving development and planning fees for calendar year 2020. DISCUSSION/RECOMMENDATION: The Municipal Code allows for development and planning fees to be increased annually based on the Engineering News Record (ENR) Construction Cost Index. The ENR construction cost index for 2020i is 2.6%. Staff has developed proposed development and planning fees for 2019,increasing the 2019 fees by 2.6%1 to accommodate increased costs inj processing and mitigating impacts generated by proposed development projects. Exhibit A City ofF Fowler Development Fees 2020 2019 2020 2020 Fee New Fees Increase Fees Dollars Percent Dollars $264.05 2.6% $270.92 $202.55 2.6% $207.82 $202.55 2.6% $207.82 $264.05 2.6% $270.92 $264.05 2.6% $270.92 $264.05 2.6% $270.92 $848.26 2.6% $870.31 $652.94 2.6% $669.92 $652.94 2.6% $669.92 $848.26 2.6% $870.31 $848.26 2.6% $870.31 $848.26 2.6% $870.31 $1,092.57 2.6% $1,120.98 $841.01 2.6% $862.88 $841.01 2.6% $862.88 $1,092.57 2.6% $1,120.98 $1,092.57 2.6% $1,120.98 $1,092.57 2.6% $1,120.98 $4,883.38 2.6% $5,010.35 $5,064.24 2.6% $5,195.91 $6,511.17 2.6% $6,680.46 $7,777.20 2.6% $7,979.41 $8,500.68 2.6% $8,721.70 $3,979.04 2.6% $4,082.50 $2,893.85 2.6% $2,969.09 $2,622.56 2.6% $2,690.75 $2,615.55 2.6% $2,683.55 $2,622.56 2.6% $2,690.75 $2,622.56 2.6% $2,690.75 $2,622.56 2.6% $2,690.75 $2,622.56 2.6% $2,690.75 $3,013.23 2.6% $3,091.57 $2,329.56 2.6% $2,390.13 $2,329.56 2.6% $2,390.13 $823.48 2.6% $844.89 $191.70 2.6% $196.68 $0.85 2.6% $0.87 $54.27 2.6% $55.68 $2,914.81 2.6% $2,990.60 $2,914.81 2.6% $2,990.60 $2,914.81 2.6% $2,990.60 $2,914.81 2.6% $2,990.60 $2,914.81 2.6% $2,990.60 Fee Category City Management and General Services Low Density Medium Density High Density Commercial Industrial Institution & Parks Law Enforcement Low Density Medium Density High Density Commercial Industrial Institution & Parks Fire Protection Low Density Medium Density High Density Commercial Industrial Institution & Parks Storm Drainage Low Density Medium Density High Density Commercial Industrial Institution &F Parks Golf Course Water Supply Low Density Medium Density High Density Commercial Industrial Institution &F Parks Recreational Facilities Low Density Medium Density High Density Water Connection Charges Residential Multi-Family Commercial, /Industrial Miscellaneous Charges Residential Water Meter Construction Water Low Density Medium Density High Density Commercial Industrial Units Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Square Foot Dollars PerE Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit $510.30 2.6% $523.57 Dollars Per Equivalent Unit-lasof8/29/02) Wastewater Interceptor. Sewer and Pump Stations Public Facilities/ /I Institutions $2,914.81 2.6% $2,990.60 Exhibit B Planning Fee Schedule 2020 Typec ofA Application 2020 Notes 2019Fee Increase% 2020Fee $281.61 2.6% $288.93 $2,252.87 2.6% $2,311.44 $831.31 2.6% $852.92 See Notes 1,2 $140.81 2.6% $144.47 $5,885.64 2.6% $6,038.67 See Notes 1,2 $8,625.13 2.6% $8,849.38 See Notes 1,2 $563.22 2.6% $577.86 $29.28 2.6% $30.04 $143.06 2.6% $146.78 $457.33 2.6% $469.22 $535.06 2.6% $548.97 $744.03 2.6% $763.37 $531.45 2.6% $545.27 See Notes 1,2 $1,594.35 2.6% $1,635.80 See Note 3 $95.66 2.6% $98.15 $4,783.04 2.6% $4,907.40 $1,062.90 2.6% $1,090.54 See Notes 1,2 $31.89 2.6% $32.72 $441.11 2.6% $452.58 $2,007.31 2.6% $2,059.50 See Notes 1,2 $2,079.40 2.6% $2,133.46 See Notes 1,2 $992.39 2.6% $1,018.19 $1,971.68 2.6% $2,022.94 See Notes1 1,2 $988.49 2.6% $1,014.19 See Notes1,2 $152.07 2.6% $156.02 $4,505.75 2.6% $4,622.90 See Notes1 1,2 $1,408.05 2.6% $1,444.66 $415.66 2.6% $426.47 $5,180.48 2.6% $5,315.17 See Notes 1,2,3 $6,474.76 2.6% $6,643.10 See Notes 1,2 2,3 $11,738.60 2.6% $12,043.80 See Notes 1,2,3 $4,304.73 2.6% $4,416.65 See Notes 1,2 $2,152.37 2.6% $2,208.33 See Notes 1,2 $6,377.38 2.6% $6,543.19 See Notes 1,2 $3,188.69 2.6% $3,271.60 See Notes 1,2 Abandoned Residential Property Registration Abandonment of Right-of-Way Administrative Review Administrative Review- Sidewalk Displays Annexation/ / Pre-zone (0-6a acres) Annexation/ / Pre-zone (6p plus acres) Annexation! Extension Appealt tot the City Council Appealt tot the Planning Commission Building Demolition! Permit Building Moving Permit Deferral Agreement Density Bonus Request Finding ofE EIR Conformity Health and Safetyl Inspection Outo ofA Area Service Agreement Temporary: Sign/Banner Water Well Demolition Conditional Use Permit Conditional Use Permit Conditional UseF Permit- Amendment Conditional Use Permit- Extension Conditional Use Permit- Major (greatert than1 acres site) Conditional Use Permit Minor (less thania acres site/or usev within structure) Temporary Use Permit Development. Agreement Development, Agreement- Amendment Environmental Review Categorical Exemption Environmentall Review Negative Declaration Environmentall Review Mitigated Negative Declaration Environmental Review- EIR Environmentall Notice of Determination- Negative Declaration Environmental Notice of Determination- EIR General Plan Amendment Major (greatert than5 5a acres sites) Minor (Sa acre orl lesss sites) General Plan Amendment with Concurrent Rezoning Major (greatert than5 5a acres sites) Minor (Sa acred ork lesss sites) Garage Sale Permit( (after 2sales) Home Occupation! Permit Inl Lieu Parking Fee( (atl least 75% ofp parking requirement must ber met, pers space) See Note 4 See Note 4 $29.28 $42.52 2.6% $30.04 2.6% $43.63 Land Division Applications Lotl Line Adjustment Tentative Parcel Map Final Parcel Map Revised Parcel Map Tentative! Subdivision Map- Small (5-10lots) Tentative! Subdivision! Map- Greater than 10lots Final Subdivision! Map- Small (5-10lots) Final Subdivision Map- Greater than 10lots Revised" Tentative Subdivision Map Tentative Tract Map Extension Landscaping, / Conservation Review- Residential Landscaping / Conservation Review- Commercial Manufactured Housing Permit Sign Review Site Plan Review Major (greater than1 1 acres sites) Minor (1a acre or lesss sites) Preliminary! Map/Site Plan Review (after lreview) Variance Major (commercial, industrial, multifamily!) Minor (singlef familyr residential) Minor Deviation Zoning Classification ofz Zoning Use Rezoning Major Change (map changeg greatert thans 5a acres) Minor Change (map changes 5a acres orl less/ort texta amendment) Zone Map Amendment Zone Text Amendment Notes: $1,656.99 2.6% $1,700.07 See Notes 1,2 $4,354.81 2.6% $4,468.04 See Notes 1,2 $4,055.17 2.6% $4,160.60 See Notes 1,2 $1,640.09 2.6% $1,682.73 See Notes 1,2 $8,714.12 2.6% $8,940.69 See Notes 1,2 $10,366.60 2.6% $10,636.13 See Notes 1,2 $2,893.81 2.6% $2,969.05 $4,461.81 2.6% $4,577.82 $5,934.06 2.6% $6,088.35 See Notes 1,2 $992.39 2.6% $1,018.19 $593.63 2.6% $609.06 $1,217.68 2.6% $1,249.34 $404.39 2.6% $414.90 $119.40 2.6% $122.50 $2,359.63 2.6% $2,420.98 See Notes 1,2 $1,179.82 2.6% $1,210.50 See Notes 1,2 $1,636.86 2.6% $1,679.42 See Notes 1,2 $818.43 2.6% $839.71 See Notes 1,2 $118.28 2.6% $121.36 $563.22 2.6% $577.86 $4,246.28 2.6% $4,356.68 See Notes 1,2 $2,125.79 2.6% $2,181.06 See Notes 1,2 $4,324.39 2.6% $4,436.82 See Notes 1,2 $4,188.09 2.6% $4,296.98 See Notes 1,2 $750.00 $750.00 1. More Complex projects require a consultant proposal for estimated cost. 2. Should a project require additional study, staff time, public hearings, or notification, then additional funds shall be 3. For Negative Declarations and EIRs prepared by qualified consultants under contract to the City, thet fees shall be cost +15%. 4. CEQA filing fees shall be as required byt the California Department of Fish and' Wildlife website and shall include filing fees for the Fresno County Clerk. Checks int the required amount shall be deposited with the City prior to thef final public hearing Refunds: 1.Ifa an application is withdrawn orr returned before iti is deemed complete or within two weeks ofs submittal, whichever 2.Ifa an application is withdrawn orr returned after the initial period described above, but nol later than six months after 3.After six months from application submittal, or once an application has been scheduled for ap public hearing or