1908 FOWLER CITY COUNCIL MEETING AGENDA NOVEMBER 19, 2019 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 oft the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read ini full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent oft the Council. 6. Communications 7. Staff Reports A) Consider Accepting the 2016 and 2017 Annual Progress Reports on the Implementation of the Fowler General Plan Housing Element - Dawn Marple, Planning Consultant 1) Adoption of Resolution No. 2448, "A Resolution Before the City Council of the City of Fowler County of Fresno, State of California Accepting the 2016 Housing Element Annual Progress Report" Adoption of Resolution No. 2449, " A Resolution Before the City Council of the City of Fowler County of Fresno, State of California Accepting the 2017 Housing Element Annual Progress Report" 2) B) Authorize the City Manager to Submit an Application for SB2 Planning Grant Funds - Dawn Marple, Planning Consultant 1) Adoption of Resolution No. 2450, "A Resolution Before the City Council of the City of Fowler County of Fresno, State of California Authorizing Application for, and Receipt of, SB2 Planning Grants Program Funds" C) Second Reading of Ordinance No. 2019-04, " An Ordinance of the City Council of the City of Fowler Amending the Official Zoning Map of the City to Reflect a Change of Zone for Assessor's Parcel Nos. 343-020-15" D) City Engineer's Report Approve Award of the S. Temperance and E. Walter Pedestrian Improvement Project to Power Design Electric in the Amount of $62,407.00 E) City Manager's Report Public Works Report G) Finance Department Report H) Police Department Report Fire Department Report F) I) 8. City Attorney's Report 9. 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. 2 A) Ratification of Warrants - November 15, 2019 B) Approve Minutes of the City Council Special Meeting and City Council C) Approve Resolution No. 2451, "A Resolution of the City Council of the City of Fowler in the Matter of Federal Transportation Projects Selection and Meeting - November 5, 2019 Implementing Timely Use of Funding" D) Accept the City of Fowler Adams Avenue Reconstruction STPL 5173 (028) Project Construction by Seal Rite Paving & Grading and Authorize the City Engineer to File the Notice of Completion 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 11. Closed Session: Government Code Section 54956.90d)).CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION David Weisser V. City of Fowler (Public Government Code Section 54956.9(d)1) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION David Weisser V. City of Fowler Records Act Case) (Employment Case) Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 127 S. 6th Street. Agency Negotiators: City Manager. Negotiating Party: Richard and Lucinda Wadda. Under Negotiation: Price, terms. 12. Adjournment Next Ordinance No. 2019-05 Next Resolution No. 2452 CERTIFICATION: 1 Corina Burrola, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoingegenda was posted for public review on Friday, November15, 2019. Cpaa Fate Corina Burrola Deputy City Clerk 3 ITEM STAFF REPORT 7A CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT California To: From: Date: Fowler Cily Council Dawn Marple, Cily Planner November 19, 2019 Subject: Public Meeting to Consider Accepting the 2016 and 2017 Annual Progress Reports on the Implementation oft the Fowler General Plan Housing Element R Recommendation Sltaffrecommends that the City Council approve the aftachedi resolutions accepting the 2016 and 2017 Annual Progress Reports for the 2015-2023 Housing Element as required by Government Code Section 65400. II. Summary General Plan State Law. Government Code 65400 requires that cifies 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 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) ofsubdivision (c) of Section 65583. III, Background & Project Description 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 Regional 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 transportation plans. 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 dividedi into fivei income categories that encompass alll 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), which is composed of the 15 cities and the unincorporated areas of Fresno County. Fresno COG is responsible for distributingt the RHNA toi the local governments through an allocation methodology thati is consistent with development and growth patterns. Fowler's RHNA fori the current eight-year projection period from December 2015 through December. 2023i is 5241 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 City Council 2016 and 2017 Annual Housing Element Progress Reports November 19, 2019 CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT California STAFF REPORT need but are also the hardest to build because of the significant subsidies required to develop these The City Council elected to collectively prepare a mull-jurisdictional. Housing Element with the cities of Clovis, Coalinga, Huron, Kerman, Kingsburg, Mendota, Parlier, Reedley, San Joaquin, Sanger, Selma and the unincorporated areas of Fresno County (Fresno Muli-Jurisdictiondl 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 2016 and 2017 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 outlinedin 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. AITACHMENTS A. Resolutions B.A Annual Housing Element Progress Report- 2016 C.Annual Housing Element Progress Report- 2017 Fowler City Council 2016 and. 2017 Annual Housing Element Progress Reports November 19, 2019 ITEM 7A-1 RESOLUTION NO. 2448 OF THE CITY OF FOWLER RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA ACCEPTING THE 2016 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 needs; and WHEREAS, the City Council has considered the efforts ofboth 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 implement the Fresno Mult-Jurisdictional 2015-2023 Housing Element; and 2016"; ;and WHEREAS, on November 19, 2019, the City Council held a public meeting to consider the 2016. Annual Progress Report where members oft the public were allowed to provide oral and written comments; and NOW, THEREFORE, BE IT RESOLVED, BASED UPON THE ENTIRE RECORD OF THE PROCBEDINGS, THE COUNCIL HEREBY APPROVES AND ACCEPTS the 2016. 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 19th day of November, 2019 Mult-urisdictional 2015-2023 Housing Element. by the following vote: AYES: NAYS: ABSTAIN: ABSENT: David Cardenas, Mayor Attest: Jeannie Davis, City Clerk 0e o o 6 ITEM 7A-2 RESOLUTION NO. 2449 OF THE CITY OF FOWLER RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA ACCEPTING THE 2017 HOUSING ELEMENT ANNUAL PROGRESS REPORT WHEREAS, Government Code S 65400 requires that the City ofE Fowler City Council prepare an annual report on the status of and progress in implementation of its share of regional housing needs;and 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 in the report entitled' "Annual Housing Element Progress Report for Reporting Period: Calendar Year implement the Fresno Muli-Jurisdictional 2015-2023 Housing Element; and 2017";and WHEREAS, on November 19, 2019, the City Council held a public meeting to consider the 2017 Annual Progress Report where members oft 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 2017 Annual Progress Report for the City of Fowler's efforts to implement Fresno comments; and Mulu-junsdictional 2015-2023 Housing Element. Ihereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council oft the City of Fowler at a meeting held on the this 19th day of November, 20191 by the following vote: AYES: NAYS: ABSTAIN: ABSENT: Attest: David Cardenas, Mayor Jeannie Davis, City Clerk 5 8 & H N o O O o a 6 8 8 8 8 6 d8 d8 do jo B 3 to B- 3 0 N B * $ 88 & $ ITEM 7B CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT Califormia STAFF REPORT TO: FROM: DATE: SUBJECT: City ofFowler City Council Dawn! Marple, Planning Consultant November 19, 2019 Grant Funds Public Meeting to Authorize the Cily Manager to Submit an Application for SB2 Planning - Recommendation necessary for the use of funds. II. Summary housing production. Staff recommends that the City Council approve the attached resolution authorizing the City Manager to submit an application for SB 2 Planning Grant Funds and execute any agreements Authorizing the submittal of a grant application allows the City the opportunity to apply for $160,000 of grant funding for planning activities to streamline housing approvals and incentivize III. Background & Project Description In2 2017, Governor Brown signed several bills enacting legislation to address the State's housing shortage and high housing costs. Part of this package established a recording fee on real estate documents toi increase the supply of affordable homes in California.. As part of accomplishing this task, the Department of Housing and Community Development (HCD) is providing funding and technical assistance to local govemments to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Project applications are required to show a nexus between the work proposed to be performed with the funds and the acceleration of housing production, or the 1. Rezone to Permit By-Right-rezoning: fors significant additional housing capacity without, or 2. Objective Design and Development Standards = includes pre-approved site and 3. Specific Plans or Form based Codes Coupled with the Californial Environmental Quality Act proposed work must qualify under a State Priority Policy Area, whichi includes: lesser, discretionary review; architectural plans that faciitate non-discretionary permitting; (CEQA) Streamlining; 4. Accessory Dwelling Units or Other Low-Cost Building Strategies; 5. Expedited Processing- -streamlined processes for housing projects; or 6. Housing Related Infrastructure Financing and Fee Reduction Strategies. CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT Callfornia STAFF REPORT IV. Discussion The current SB 2 funding is programed SO that any. jurisdiction that meets the threshold criteria could potentially be funded. The threshold requirements include: (1) Have an HCD-compliant housing element; and (2) have: submittedarecent Housing Element Annual Progress Report (APR). The City will comply with both threshold requirements with the submittal of the 2016and 2017 APR in November 2019. In addition, the application must be for work that has a direct nexus to accelerating housing production or work that is consistent with State Planning Priorities Based upon the requirements of the SB 2 program, and the need to: support the Clly'supcoming work, staff is preparing a grant application for submittal to the State's Housing and Community 1. An update to zoning code, including specific amendments to implement adopted Housing Element programs such as reducing constraints on housing for persons with disabilities, and providing for density bonus provisions, residential care facilities, manufactured housing, Single-Room Occupancy (SRO) housing, omworker/employee housing, and accessory dwelling unit (ADU) regulatory changes. The update will also include reorganization of the zoning code and clarification of the processing requirements for development projects. Strategies to streamline those processing requirements will be considered during the update of the zoning code as well. 2. Local process improvements that improve and expedite local planning, including a new Staffintends tos submit the grant application following Council approval of the Resolution of grant authorization. HCD anticipates a 60 to 90-day review and approval period of the grant. Staff is estimating 18 months to complete the project. The grant must be closed out by June 30, 2022. This application is exempt from the requirements of the California Environmental Quality Act Government Code Section 65041.1) or other planning priorities. Development department to fund work resulting in: computer: server. V. Environmenta. Review (CEQA) per CEQA Guidelines Section 15378, definition of a "Project." VI. Attachments A. SB2 Grant Application B. Resolution Number 2450 ITEM 7B-1 RESOLUTION NO. 2450 OF THE CITY OF FOWLER RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California, Department of] Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 28, 2019, for its Planning Grants Program (PGP);and WHEREAS, the City Council of the City of Fowler desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in thel Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP: Program; and WHEREAS, the Department is authorized to provide up to $123 million under the SB2 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described inl Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2) NOW, THEREFORE, BE IT RESOLVED, THE COUNCIL HEREBY RESOLVES AS SECTION 1. The City Council is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application in an amount up to $160,000. SECTION 2. In connection with the PGP grant, if the application is approved by the Department, the City Manager is authorized to enter into, execute, and deliver a State of California Agreement (Standard Agreement) for an amount up to $160,000, and any and all other documents required or deemed necessary ora appropriate to evidence and secure the PGP grant, the City's obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents"). SECTION 3. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are tol be used for allowable expenditures as specifically identified in the Standard. Agreement. The application. in fulli is incorporated as part oft the Standard. Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 related to the PGP Program. FOLLOWS: Planning Grants Program Application. SECTION 4. The City Manageris authorized to execute the City ofl Fowler Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the City as Ihereby certify the foregoingi is a full, true, and correct copy ofai resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the this 19th day of November, 2019 required by the Department for receipt oft the PGP Grant by the following vote: AYES: NAYS: ABSTAIN: ABSENT: Mayor Attest: City Clerk ITEM 7C - ORDINANCE NO.2019-04 AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FOWLER AMENDING THE OFFICIALZONING MAP OF THE CITY TO REFLECT A CHANGE OF ZONE FOR ASSESSOR'S PARCELNOS. 343-020-15 THE CITY COUNCIL OFTHE CITY OF FOWLER DOES ORDAIN AS) FOLLOWS: SECTION1. The Official Zoning Map of the City of Fowler is hereby amended to indicate SECTION2. This ordinance shall take effect and be in full force and effect from and after thirty Assessor's Parcel No. 343-020-15 as R-1-5 (One Family Residential - 5,000 Square (30) days following its final passage and adoption. Within fifteen (15) days after its adoption, the ordinance, or a summary oft the ordinance, shall be published oncei in a Foot Minimum Lot Size) as indicated in Exhibit "A" hereto. newspaper ofg general circulation. The foregoing ordinance was introduced at a meeting oft the City Council of Fowler held on the 5h day ofNovember 2019 and passed and adopted at a regular meeting of the City Council held on the day of AYES: NOES: ABSTAIN: ABSENT: 20191 by the following vote: Mayor, City of Fowler ATTEST: City Clerk 8 DD @8) G A @ e QuO-NYIS & G 8 & B DGoz ITEM 7D MEMORANDUM TO: FROM: MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER SUBJECT: STEMPERANCE & E WALTER PEDESTRIAN IMPROVEMENTS ATPL5173 (031) 11/15/2019 DATE: REQUESTED ACTION /RECOMMENDATION Award the S Temperance & E Walter Pedestrian Improvements project to Power Design Electric in the amount of $62,407.00. DISCUSSION On November 5, 2019, the City received 3 responsive bids for the City's S Temperance &E Walter Pedestrian Improvements project. The project proposes to improve the safety of pedestrians crossing at the intersection of S Temperance Ave & E Walter Ave by installing a new crosswalk, solar flashing and warning beacon systems, and a new curb ramp. The bids received for the Base Bid ranged from $62,407.00 to $$83,841.63. The Engineer's Estimate The project is fully funded by state funds through the. Active Transportation Program. for this project was $81,000.00. Attached is the summary of the 3 responsive bids received. ITEM 9A 6 SA 2 888 8 8 888888 8 8 88888 d0 8888 8 888 8 888 00 000 o o 000000 o o o o o o o o 0000 o 000 o o o o o 5 A88 wmi AN6 3b ss o 888 8 0 000 o o 00 0 00 00 d0 d0 88888 8888 888 8888 8 o 00000 0000 000 0000 o 888 #99e nmmm 888 00 d0 888 d0 d0 88888888 888 8 88 8 000 o o o o o 00000000 000 o o o o 8 U 88888888 8 8 00000000 o o 0000000 888 aes N0c d0 d0 888 8 888888 8 88 - 08 d0 o o o 000 o 000000 o o o o o & 888 d8 d0 000 o de 55 ITEM 9B MINUTES OF THE FOWLER CITY COUNCIL SPECIAL MEETING NOVEMBERS,2019 Mayor Cardenas called the meeting to order at 5:31 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez City Staff Present: City Manager/City Clerk Davis, Public Works Supervisor Dominguez, Fire Chief Lopez, City Attorney Wolfe, Police Chief Alcaraz, City Planner Marple, Deputy City Clerk Burrola PUBLIC PRESENTATIONS There were no public presentations. WORKSHOP TO CONSIDER A COMMUNITY REPORT, STAKEHOLDER FEEDBACK SUMMARY KEY ISSUES REPORT, AND DRAFT COMMUNITY VISION IN SUPPORT OFTHE FIRST COMPREHENSIVE GENERAL PLAN UPDATE SINCE 1976 City Planner Marple introduced Sara Allinder and Brynae Emerzian, Planners from Provost and Prichard. Ms. Marple and Ms. Allinder provided a PowerPoint presentation on the General Plan Update. Ms. Marple said the City has initiated a comprehensive General Plan update process, once completed the General Plan will be an overarching policy document that guides City actions and provides a blueprint for land use and development within the City. The City adopted its first General Plan in 1976 and adopted subsequent updates for land use, circulation, and economic development in 2009. Update efforts will look ahead to the year 2040. The update also brings the General Plan into compliance with new laws related to climate adaptation, complete streets, and floodplains. During the months of April and May of 2019, the consultant team for the City's General Plan update conducted 14 stakeholder interviews. The interviews were intended to solicit an understanding of issues and challenges the community currently faces, what the aspects of the community stakeholders found to be beneficial to residents and local businesses, as well as what issues should be addressed as a priority in the General Plan update. Ms. Marple said the General Plan update required a Community Report, which summarizes exiting conditions. The information conveyed in the Community Report will help community members, City staff, and elected officials make informed decisions throughout the rest ofthe General Plan update. Together, the stakeholder responses and the Community Report identified the key issues that will be considered in the drafting oft the General Plan update. These documents were presented to the Planning Commission at a public workshop held on October 3, 2019. Ms. Marple said the stakeholders overall value of the City is its small town character, safety, location, and school district. She provided a list of the top priorities for the City for the next five to twenty years. In order to keep the public informed on the status of the project, information is available online at the City's website or they can contact the Planning Secretary to be placed on ai notification list. AJOURNMENT Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 6:33 p.m. MINUTES OF THE FOWLER CITY COUNCIL MEETING NOVEMBER5, 2019 Mayor Cardenas called the meeting to order at 7:00 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez City Staff Present: City Manager/City Clerk Davis, City Attorney Wolfe, Finance Director Uyeda, Police Chief Alcaraz, Public Works Director Dominguez, Fire Chief Lopez, City Planner Marple, Deputy City Clerk Burrola The Flag Salute and Pledge of Allegiance were followed by a moment of silence and reflection. PUBLIC: PRESENTATIONS Tomas Carrasco, Fowler resident, asked the Council to recognize five Fowler students who sold lemonade to raise money to purchase a television and blinds for the Fowler Senior Center and made a donation to a local pantry. INTRODUCTION OF NEW OFFICER AND BADGE PINNING CEREMONY Police Chief Alcaraz gave an introduction and badge pinning of new police officer Karl Kulow. Mayor Cardenas called a recess for al briefr reception in honor ofthe newly sworn inj police officer. PUBLIC HEARING VESTINGTENTATIVE SUBDIVISION MAP NO. 6274 (WOODSIDE HOMES) City Planner Marple stated that the item being presented is to consider Vesting Tentative Subdivision Map No. 6274, Zoning Ordinance Amendment No. 2019-04, annexation to the City of Fowler and adoption of a Mitigated Negative Declaration submitted by Woodside homes. In May 2019 Woodside homes submitted a tentative map application proposing to subdivide 19.25 acres on the northwest corner of East Sumner Avenue and South Sunnyside Avenue into 100 single family lots. The site is within the City's Sphere of Influence but is not currently with the City limits. She said the applicant is proposing to change the zone district from the AE-20 (Fresno County Zone District) to R-1-5 (One family residential - 5,000 square foot minimum lot size). The proposed lots sizes range between 5,000 and 8,900 square feet, which is consistent with the General Plan. At3.2 persons per household, the 100-unit project will accommodate approximately 320 people. Development of VTSM No. 6274 is expected to occur over a 2.5 year period with project construction beginning in 2020 and completed by 2022-23. Circulation within the site would be provided by a system of four interior local streets generally forming a grid pattern, with cul-de-sacs proposed at locations where through-streets are not possible or practical. The interior circulation system will connect to the City's existing collector street system on South Sunnyside Avenue, located on the east side of the subdivision. No access to either East Sumner Street or to the north is proposed. She stated streets connections to the west are proposed to allow for future circulation. Ms. Marple said the General Plan policy requires the project include 5 percent open space policy, this is in addition to any required development fees. Ms. Marple opened for any questions from City Council. Councilmember Kazarian commented on the inconsistency of the zoning for the project location. The Council discussed the project layout that showed one access point at Sunnyside Avenue, expressing concerns on the traffic issues it may create. Ms. Marple said staff worked with the City's Engineer and it was decided that this was the best layout for access points. Steve Barela, Fowler resident, expressed his concerns regarding traffic accessing out of the Kerry Medellin, Controller for Woodside Homes, said they have been trying to accommodate the conditions for the project. The challenge with the map was the density blending of zoning; they tried to get the largest lot to stay within the General Plan. Ms. Medellin said they provided a map that was in compliance to the requirements and recommendations of the General Plan for this The consensus of the Council is for the developer to make a good faith effort to add an additional access to Sumner Avenue within the project by possibly removing the access roads at Dustin and Walter Avenues. If the changes and feasibility cannot be accommodated, than the existing map Councilmember Rodriquez made a motion to adopt Resolution No. 2445, "A Resolution before the City Council of the City of Fowler County of Fresno, State of California Adopting A Mitigated Negative Declaration for Vesting Tentative Subdivision Map No. 6274 and Zoning Ordinance Amendment 19-02 Pursuant to the California Environmental Quality Act", seconded by Mayor Pro Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Councilmember Parra made a motion to adopt Resolution No. 2446, "A Resolution before the City Council of the City of Fowler County of Fresno, State ofCalifornia Approving Vesting Tentative Subdivision Map No. 6274", with the stipulation that a concerted effort be made to incorporate an additional access to Sumner Avenue by closing Dustin and Walter Avenues. If unable to make changes, then the existing map shall be approved, seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Councilmember Kazarian made a motion to adopt Resolution No. 2447, "A Resolution Before the City Council of the City of Fowler County ofl Fresno, State of California Requesting that the Local Agency Formation Commission Undertake Proceedings for the Sunnyside - Sumner Northwest Reorganization", seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None. Councilmember Parra made a motion to waive the first reading and approve Ordinance No. 2019- 04, "An Ordinance of the City Council of the City of Fowler Amending the Official Zoning Map of the City to Reflect a Change of Zone for Assessor's Parcel No's 345-020-15", seconded by Mayor Pro Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, The Mayor opened the duly noticed public hearing on the matter at 7:42 p.m. subdivision and possibly adding another access point to avoid traffic congestion. project. The public hearing closed at 7:48 p.m. shall be approved. Rodriquez. Noes: None. Abstain: None. Absent: None. Abstain: None. Absent: None. Parra, Rodriquez. Noes: None. Abstain: None. Absent: None. COMMUNICATIONS City Manager Davis said the Council has been invited to attend the Dedication Ceremony for State Ms. Davis mentioned the upcoming Veteran's Day Ceremony is Monday, November 11, 2019 at Route 269 bridge project, Tuesday, November 12, 2019, 10:00 a.m. in Huron. 11:00 a.m. STAFF REPORT CITY MANAGER'S REPORT City Manager Davis said a South Kings GSA workshop is scheduled for Tuesday, November 19, 2019 at 5:30 p.m. She mentioned there was a bid opening today for the Temperance and Walters Avenues Pedestrian Improvements. PUBLIC WORKS REPORT Public Works Director Dominguez said he will be applying for the Public Safety Power Shutoff Grant. These funds are appropriated and made available for California incorporated cities to prepare for and respond tol Public Safety Power Shutoff events. Funds appropriated may be used to procure fixed, long term emergency electrical generation equipment, continuity plans, risk assessments for critical infrastructure, post event reports, public education materials or supplies to prepare for electric disruption. FINANCE DIRECTOR'S REPORT Preliminary Financial Results for Fiscal Year 2018-19 Finance Director Uyeda provided information on the financial results for fiscal year 2018-19. He said the pre-audit report shows the City is on a positive trend for both the General Fund and the Water Enterprise fund. The Utility tax fund is self-funding and the large expenditures are the results of the Fire Station Project. He has been keeping transfers into the General Fund at a minimum and only as needed. Discussion on Capital Projects - Water Storage Tanks Mr. Uyeda expressed that the City is in need of water storage tanks. These tanks would supply water for both residential and fire in times of power outages, assist in water pressure stabilization, and by pumping water at night into the tanks and letting them provide water during the day, which would reduce electrical costs. He recommends two tanks, one on either side of the 99 highway. Mr. Uyeda said the City needs a Water Plan before he can pursue grant/loan options with the USDA, California Water Board. Peter's Engineering has estimated this initial cost to be $50,000. Mr. Uyeda said the on Tuesday, October 29th, Sally Tripp, USDA Agent, performed her regularly schedule inspection oft the Fire station construction project, a few minor administrative matter were addressed and the inspection was approved. POLICE DEPARTMENT REPORT No report was given. 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 - November 5, 2019; B) Approve Minutes of the City Council Special Meeting and City Council Meeting October 15, 2019; C) Approve Agreement for CDBG Capital Improvement Project Engineering Services - Panzak Park ADA Restroom Facilities; D) Approve Resolution No. 2444, "A Resolution of the City Council of the City of Fowler County of Fresno, State of California Authorizing Investment of Monies in the Councilmember Kazarian pulled Item C. His question was what the bids for this project were since they were not included in the staff report and it was awarded to Peter's Engineering. City Manager Davis said she reviewed the two proposals received, which were evaluated on experience and other factors, including costs. City Attorney Wolfe mentioned a revised contract agreement has been Councilmember Parra made a motion to approve consent calendar items A, Cand D, seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Councilmember Parra made a motion to approve consent calendar Items B, seconded by Mayor Pro Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Parra, Rodriquez. Local Agency Investment Fund". provided to the Council. Parra, Rodriquez. Noes: None. Abstain: None. Absent: None. Noes: None. Abstain: Kazarian. Absent: None. COMMITTEE REPORTS State Route 269 Bridge in Huron. 2,000 in attendance this year. Mayor Cardenas said he will be attending the dedication ceremony as master of ceremonies for the Mayor Pro Tem Hammer said the Fowler Trunk or Treat was a huge success; there were nearly Councilmember attended the truck or treat event. Councilmember Parra attended the League of California Cities conference in Long Beach, CA. Councilmember Rodriquez attended the Trunk or Treat event, and commented on the participation ofthe community. CLOSED SESSION The meeting adjourned to a closed session at 8:34 p.m. pursuant to Government Code Section 54956.9d)0.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION David Weisser V. City of] Fowler (Public Records Act Case) Government Code Section 54956.9(d)1) CONFERENCE WITHLEGAL COUNSEL - EXISTING LITIGATION David Weisser V. City of Fowler (Employment Case) Government Code Section 54956.9 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation ofLitigation Pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 (Deciding Whether to Initiate Litigation) One On motion by Councilmember Kazarian seconded by Mayor Pro Tem Hammer, the Council on a 5-0 vote authorized the initiation of litigation. The details will be Potential Case. available once the case is filed. The meeting reconvened to open session at 9:00 p.m. with no reportable action taken. ADJOURNMENT Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 9:01 p.m. ITEM 9C MEMORANDUM TO: FROM: DATE: MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER SUBJECT: 2019 CMAQ CALL FOR PROJECTS NOVEMBER 13, 2019 REQUESTED ACTION /RECOMMENDATION Adopt Resolution 2018- 2451 committing to the timely use of federal and state funding. DISCUSSION On September 26, 2019 the Fresno Council of Governments (FCOG) Policy Board officially initiated the 2019-20 Congestion Mitigation and Air Quality (CMAQ) Call for Projects. Projects will be awarded based on both Lifeline and Regional Competitive Bids. The lifeline funding is distributed to each member agency based on a population calculation. The grant application packages for the regional bid funds were submitted on November 15, To comply with the requirements of the application package for the current cycle of the CMAQ federal transportation funding programs, the City must adopt a resolution committing to the timely use of the federal funding or risk the loss of such funds. A Staff recommends adopting the resolution committing to the timely use of the federal funding and requests that the Council provide concurrence with the proposed projects to be submitted in the grant applications and/or provide further direction as appropriate. 2019. resolution stating this commitment is attached. RESOLUTION 2019-2451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER IN THE MATTER OF FEDERAL TRANSPORTATION PROJECT SELECTION AND IMPLEMENTING WHERAS, AB 1012 has been enacted into State Law inj part toj provide for the "timely use" of WHEREAS, the City of Fowler: is able to apply for and receive Federal and State funding under WHEREAS, the City of] Fowler desires to ensure that its projects are delivered in a timely WHEREAS, iti is understood by the City of Fowler that failure for not meeting project delivery WHEREAS, the City of] Fowler must demonstrate dedicated and available local matching funds; NOW THEREFORE BEI ITI RESOLVED, that the City Council oft the City of] Fowler hereby agrees to ensure that all project delivery deadlines for allj project phases willl be met or exceeded. BEI ITFURTHER RESOLVED, that failure to meet project delivery deadlines may be deemed as sufficient cause for the Fresno Council of Governments Policy Board to terminate an agency's project and TIMELY USE OF FUNDING State and Federal funding; and the Congestion Mitigation and Air Quality Program; manner to preclude the Fresno Region from losing those funds for non-delivery; and dates for any phase ofap project may. jeopardize federal or state funding to thel Region; and and reprogram Federal/State funds as deemed necessary. NOW, THEREFORE, BEI ITI RESOLVED that the City Council of the City of] Fowler does direct its management and engineering: staffs to ensure all projects are carried out in a timely manner. as per the requirements of AB 1012 and the directive of the City Council of the City ofF Fowler ******* I,Jeannie Davis, City Clerk oft 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 19th day ofNovember 2019. Ayes: Noes: Absent: Abstain: David Cardenas, Mayor Jeannie Davis, City Clerk ITEM 9D MEMORANDUM TO: FROM: MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER SUBJECT: ACCEPTANCE OF ADAMS AVENUE RECONSTRUCTION PROJECT STPL5173 (028) NOVEMBER1 13, 2019 DATE: CC: DARIODOMINGUEZ - PUBLIC WORKS DIRECTOR REQUESTED ACTION /1 RECOMMENDATION Accept the City of Fowler Adams Avenue Reconstruction STPL 5173 (028) Project constructed by Seal Rite Paving & Grading and authorize the City Engineer to file the Notice of Completion. DISCUSSION The City Council previously awarded a contract to Seal Rite Paving & Grading for construction of the Adams Avenue Reconstruction Project. The project was constructed in accordance with the plans and specifications to the satisfaction of the City Engineer and the Public Works Department staff. The one-year warranty period will begin upon the filing of the Notice of Completion, which will follow the Council's acceptance of the project.