FOWLER CITY COUNCIL MEETING AGENDA NOVEMBER 5, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  In çompliance 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, pléase contact City Clerk Jeannie Davis at (559) 834-3113 ext. 302. Notification at léast 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 posfed on  meeting. The City of Fowler is. an equal opportunity provider and employer.  the City's website aty www.fowlercity.org. Meeting called to order  1. 3. Invocation 4. Roll call 5.  2. Flag Salute and Pledge of Allegiance  Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council om any matter not déscribed on this agenda. Presentations are limited to 5 minutes per person and noi 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 Counciimember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be Introduction of New Police Officer and Badge Pinning Ceremony: Officer Karl Kulow 7. Public Hearing: Vesting Tentative Subdivision Map No. 6274. (Woodside Homes), Zoning Amendment, Annexation, and Initial Study/Mitigated Negative Declaration  deemed waived by unanimous consent of the Council.  6,  1    A) Consider Adoption of 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 B) Consider. Adoption of Resolution No. 2446, " A Resolution Before the City Council oft the City of Fowler County of Fresno, State of California Approving C) Consider Adoption of Resolution No. 2447, "AI 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 D) First 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  Environmental Quality Act"  Vesting Tentative Subdivision Map No. 6274"  Sunnyside - Sumner Northwest Reorganization  Change of Zone for Assessor's Parcel No's 345-020-15"  8. Communications 9. Staff Reports  A) City Engineer's Report B) City Manager's Report C) Public Works Report D) Finance Department Report  1) Preliminary Financial Results for Fiscal Year 2018-19 2) Discussion on Capital Projects - Water Storage Tanks  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 Councilmember objects to an item, then it should be removed and acted upon as a  separate item.  A) Ratification of Warrants - November 5, 2019  2    B) Approve Minutes of the City Council Special Meeting and City Council C) Approve Agreement for CDBG Capital Improvement Project Engineering D) Approve Resolution No. 2444, Al Resolution of the City Council of the City of Fowler Çounty of Fresno, State of California Authorizing Investment of Monies in the Local Agency Investment Fund"  Meeting = October 15, 2019  Services - Panzak Park. ADA Restroom Facilities  12. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councilmember Kazarian Councilmember Parra Counailmember Rodriquez  13. Closed Session:  Government Code Section BBBOTICONFERENCE WITH. LEGAL COUNSEL EXISTING LITIGATION David Weissera V. City of Fowler (Public Government Code Section 54956.9(d)1) CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION David Weisser V. City of Fowler Government Code Section 54956.9 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation ofl Litigation Pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 (Deciding Whether to  Records Act Case)  (Employment Case)  Initiate Litigation) Oné Potential Case  14. Adjournment  Next Ordinance No. 2019-05  Next Resolution No. 2448  CERTIFICATION: 1 Corina Burrola, Deputy City Clerk oft the City of Fowler, Califormia, hereby certify that  the foregoing agenda was posted for public review on Friday, Novemberl, 2019.  Corina Burrola Ooaufat Deputy City Clerk  3    ITEM 7  TO: FROM;  City of Fowler City Council Dawn E, Marple, City) Planner  SUBJECT: Public heating to consider Vesting' Tentative Subdivision Map (VTSM) No. 6274, Zoning  Ordinance. Amendment (Rezone) No. 19-02, annexation to the City of Fowler (Annexation Request No. 19-02), and adoption of a Mitigated Negative Declaration, submitted by Woodside 06N, LP for approximately 19.25 acres at the northwest correr of East Sumner  Avenue and South Sunnyside Avénue. November 5, 2019  DATE:  F RECOMMENDATION  Staff recommends that the City Council affirms the recommendations of thel Fowler Planning Commission" to adopta mitigated negative declaration, approve Rezonel No. 19-02, apptove. Vesting Tentative Subdivision) Map  No. 6274, andi initiate: annexation to the City ofl Fowler. I.E BACKGROUND & PROJEGT DESGRIPTION  In May 2019, Woodside 06N, LP submitted a) tentative map appliçation proposing to subdividei thel land at the northwest coinet of Bast Sumner Avenue and South Sunnyside. Avenue (APN. 343-020-15). VTSMI No. 62741 proposes 100 single-familyl lots on 19.25: acres. Thes site is within the City's Sphere of Influence buti ist not currently within the City limits. An annexation (Application 19-02) is associated witht the Projeçt: and will be acted on. separately by the City Counçil,- The General Plan Designation for the site is split between Medium Low Density Residential and. Medium Density Residential, The site is currently zoned AE-20 by Fresno County. Proposed zoning is R-1-5 (One Family Residential - 5,000 square. foot minimum lot size). Proposed. lot sizes: range between 5,000 and 8,899 square feet. This range of sizés is consistent with the General Plan, which prescribes a dersity 6F3.7-5.5 dwelling units per gross acre (du/ga) for Medium Low Density Residential. anda density of5.6-13.5 du/ga for Medium Lowl Density. Residential. Based on the acreage of each General. Plan Land Use within thep project site, development must provide between 4.9 and 8.7 du/ga in order tor maintain consistency; VTSM 62741 ay-tytwpa"w du/ga andt thus meets thec density Development of VTSM No. 62741 is expected to occut overa a 2.5-year period with project construction beginningi in 2020 and completed by2 2022/2023.. At 3.2p persons per houschold, the1 100-unit project will 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-strects are not possible Ot practical, The interiot circulation system will connect to the City's existing collector street system on South Sunnyside  provisions of the General Plan,  accommodate approximately: 320 people.  Fowler City Council  Vesting Tentative. Subdivision: Map No. 6274  November. 5, 2019    Avenue, located on the east side oft the subdivision. No access to either East Sumner Street or to the northi is Figure 1 contains an: aerial photo showing thej project site in relation to other facilities. Figure 2 shows the Fowler General Plan land use designations. Figure 3. illustrates the: zoning of the site and vicinity. Figure4  proposed. Street connections to the west: are proposed to allow for future circulation.  contains proposed Vesting Tentative: Subdivision Map No. 6274.  Fowler City Council  Vesting Tentative. Subdivision. Map No. 6274  November. 5, 2019    Figure 1: Aerial Photo  2018A NAIPAetial Imag  Annexation Area (VTME 6274). Fowler City Limits  HE    EBT.1000 PROVOST& PRITCHARD: CONBULTING AnEmployee  9412019:GAFoWer. Cityo 21p289190Woxdse Homes. Tract 27405MapPEmxd  Fowler City Council  Vesting Tentative. Subdivision Map No. 6274  November 5, 2019    Figure 2: General Plan  Annexation Area Fowler City Limits General Commercial Neighborhood Commercial Lighti Industrial Parks/Open Space Medlumt Low Residential Medium Residential  City of Fowler General Plan Land Use Designation  ADAMS  CoufyGAEROO Gentrellplland; UoDodlineflets Agplouituri! Openspaco  PROVOST& PRITCHARD  CKaTTNEA Woodside Homes Tracie 274915WapgmPan.md  Fowler City Council  Vesting Tentative: Subdivision. Mapi No. 6274  Novémber 5, 2019    Figure 3:Z Zoning  AnnexationArea Fowler Cily Limits Fresno County Zoning AE-20 Exclusive Agricultural AL-201 LimitedA Agricultural C-6 General Commercial  City of Fowler Zoning C-1 Neighborhood- Commerçial C-3 General Commercial M-1) Light) Industrial  ADAMS  R-1-6 Single Family Residential (6,000 SFL Lot) R-1-7 Single Family Residential (7,0 000 SFLat) R-2/P1 Multi Family Residenlial/Precise: Plan Overlay RCO Resource Conservation, Public Use & Open Space  uS I  uSIW SUMNER ALM  150 300 Feet EDTA1ED PROVOST& PRITCHARD CONBULTING CAOUP AnEmployoe Owod  7/23/2019: G:Fowler_ Cityo 0h-26191201919005 Woodside! Homes Tracte 627465MapZoning. mxd  Fowler City Council  Vesting Tentative. Subdivision. Map No. 6274  November 5, 2019    Figure 4: VTSMI No. 6274  Fowler City Council  Vesting Tentative. Subdivision. Map No. 6274  November 5, 2019    Adjacent land uses and: zoning are: North: Agriculture West: Agriculture South: Rural Residences, Agriculture East: Single-Family shlNvisom/condominum:  AE-20 (Courity) AE-20 (County) AE-20 (County) R-1-7,R-2/P1 (City)  Proposed Homes Within the Subdiyision, The developer has not provided. floor plans or elevations. If approved, the developer/builder willl be required to comply with the provisions of Fowler Municipal Code (FMC) Section 9-5.1605 related to single- family design criteria. The developer/builder will be required to submit elevations for consideration by thel Development Review Committee prior toi issuance ofal building  permit for anyl lot within the subdivision. III. ANALYSIS 3.1 Growth. Management. Policy  In 2004, the City Council adopted. a growth management policy to implement the desired growth rate contained in the General Plan without creating adyerse effects on. City services and thel Fowler Unified School. District, The policyi is tol be reviewed with each subdivision. application. Policy! No. 1 oft the Growth Management, Policy states, "The desirable annual population and housing growth rate should nots exceed: the average of the planned: growth rate through 2025 of 3% over any five-year period (50-60 units), and should not exceed 6% in any single year (80- Even with a mild upswing in ther number of dwellings constructed. in 2017: and 2018, the City remains well below the 3% and 6% growth râtes, respectively. At the assumed rate of development mentioned above, the project is Fowler Unified School. District, Students from the project would attend. Marshall Elementary (K-2), Fremont Elementary (3-5), Sutter Middle: School (6-8), and] Fowler! High School (-12). Thes student generation. factor within Fowler Unified has ranged! between 0.5: and 0.6 students perl household, indicating that the proposed) project would In accordance with State) Law, any new development willl be subject to school deyelopment fees as a condition of building permit to offset potential impacts to's schools, These funds, in combination with bondi financing authorized by) District voters and. State assistance will provide facilities and reduce overcrowding in thel long-term.  90 units)."  expected to contribute approximately 401 building permits towards thè overall growth rate.  generate 501 to 60 students.  3.2 Vesting Tentative Subdivision. Mapi No 6274  VTSM No. 6274 proposes 100s single-family lotsi in a) proposed R-1-5: zone district ranging from 5,000 square feèt to 8,899: square feet. As previously discussed, this range of sizés: results in a number of lots that is consistent with The California Subdiyision Map Act (Gov, Code Sec. 66410, et seq.). allows local agencies to regulate the design and improvement of subdivisions. The City's Subdivision Ordinance provides more detailed: requirements for design and improvement as well as processing applications. Staff has met with the developer and the project engineer to discuss relevant issues and thé résulting configuration gencrally mcets the City's requirements.  the General Plan designation.  Remaining points of discussion include: Fowler City Council  Vesting Tentative. Subdivision: Map No. 6274  November 5, 2019    1. Development ofa collector street along the northern portion of thes subdivision. Thes adopted circulation map shows the alignment ofa collector street within thel Project. The City of Fowler isi in the process of updating its General Plan and local ordinances to gain consistency with the overall goals and néeds oft the city. Among these changes is correcting the Circulation Plan to reflect existing development patterns. The Circulation system envisioned for the General Plan update would form a complete street pattern having both motor vehicle traffic lanes and bicycle traffic lanes and would re-align the subject collector street. tol be located along the. northern. boundary of VTSM 6274. Walter Avenue runs east and west along the northern portion of VISM 6274 and will be construéted as shown at a 60-foot right-of-way implementing the General Plan Circulation Element and forming a completé street pattern ands satisfying the colleçtor street requirement. 2. Open Space. General Plan Policy 4.3.16.b requires that single- -family projects include 5% open space within the project site. This isi in addition to any required development fees. The tentative map provides a 0.99 acre 3. TrafficStudy The City completed a traffic study for the southwest area including this patcel, The developer will be requited to reimburse the City a "fair share" of the study's cost as well as install recommended improvements and/or pay traffic mitigation fees generated. from. the study. Installation ofas southbound left  park/open space area in conformance with the. General Plan Policy.  right-turn pocket: in S. Sunnyside Avenue. is required, asi indicated in the traffic study.  3.3 Prezone No. 19-01  The project proposes ptezoning to the. R-1-5 (One Family Residential = 5,000 square foot minimum lot) zone district, which would allow lots with a minimum area 6f5,000 square feet and would facilitate development: tata density consistent with the range presctibed in the Medium Low Density and Medium: Density residential  designations.  3.4 Annexation: to the City of Fowler  Ifthep project is approved byt the City Council, an: application for annexation can bes submitted toI LAFCO. However, recommendations for annexation are not within the purview of the Commission; annexation is acted upon In accordance with Statel law, any new dèvelopiment will be subject to school development fees as a condition of building! permit to offset potential impacts tos schools: These funds, in combinationv with bond financingauthorized. byl District voters and State assistance will provide facilities and reduce overcrowding in the long-term.  independently by the Council.  MV. CEQA  The proposed project has been reviewed for compliance with CBQA. The City prepared an initial study and on this basis determined that the proposed project will not have significant adversé effects on the envitonment with incorporation of recommended mitigation, The City has prepared a proposed Mitigated Negative Declaration in accordance: with CEQA requirements. Comments reçeived on the proposed Mitigated Negative Declaration and  responses are attached. for Commission review.  V. FINDINGS tentative map: Fowler City Council  The Subdivision Map Act (Sec. 66474): requires that a City makes the following findings prior to approval ofa  Vesting Tentative. Subdivision. Map No. 6274  Novembèr 5, 2019    1. That thej proposed map is consistent witb qpplitable generald and sperifc! plans as sperifedi in. Section 65451.  Based on the acreage of each General Plan Land Use within the project site, development must provide between 4.9 and 8.7d du/gai in order to maintain consistency; VTSM 6274 proposes a density of approximately 5.19 du/ga and thus meets the density provisions of the General Plan. The proposed project is consistent with the 2004 Fowler Gencral Plan  Because the prezoning and annexation request is forl land located contiguous to existing development where public facilities ands services are: available, the requested annexation. is consistent with the General Plan policies related tol logical and efficient growth and prevention of premature conversion of 2. That the design or mprovement of the proposed subdivision is consistent with qpplicableg general and. sperific plans. The City is empowered to regulate the design andi improvement of subdivisions by the Subdivision Map Act and the City's Subdivision Ordinance. Based on meetings between staff and the development team the project has been reconfigured to meet the City's design requirements. Conditions of approval will  agricultural land.  ensure consistency with General Plan standards andj policies. 3. That tbe site is physically. suilable for the bypes of develgpment.  Thc site is generally flat and level andi is capable ofs supporting single-family development.  4. That tbe site is physically suitable for tbe! proposed densily of develgpment.  Infrastructure needed to serve the development. isl located within adjacent public rights-of-way, or its installation will be required as conditions ofa approval. The flat, level nature oft thes site in conjunction with the proximity of infrastructure and project conditions ensure that the site is physically suitable for 5. That the derign gf the subdivision or the proposed improvements. are not likely to cawse substantial environmental. damage or An initial study was prepared to evaluate the potential impacts of thes subdivision on the environment. Thei initial study determined that, with incorporation of recommended mitigation, the subdivision would  the proposed density of development density oft the project. swbstantially and avoidably injur aj fisb ori willije habitat. havea al less than significant impact on the environment.  6. That the derign of the. subdivision or bpe gfi improvements is not likely to cawse, serious public bealth problems. Therei is no evidence in the record that the project is likely to cause serious public health problems. 7. That the design gf the. subdivision orA tbe bpe ofimprovements willr not conflicti witbe easements, acquired by the public at large,  for access tbrough or use oh prperly within the prapased suhdivision. The project will not conflict with easements.  With conditions, including those related to open space and lot dimensions, all of the above findings can be made.  Fowler City Council  Vesting Tentative. Subdivision Map No. 6274  November 5, 2019    ITEM 7A  RESOLUTION NO. 2445 RESOLUTION BEFORE THE CITY COUNCIL OF THE CITY OF FOWLER GOUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION. ADOPTING AMITIGATED NEGATIVE DECLARATION FOR VESTING TENTATIVE  SUBDMISION MAP NO. 6274AND ZONING. ORDNANCEAMENDMENT 19-  02 PURSUANT TO THE  CALIFORNIAENVENVIRONMENTAL QUALITYACT  WHEREAS, an application for Vesting Tentative. Subdivision Map No. 6274 and Zoning Ordinance Amendment No. 19-02 has been submitted for APN 343-020-151 located at the northwest WHEREAS, the City of Fowler caused to be prepared an Initial Study for the Project to WHEREAS, the City Caused tol be prepared al Mitigated Negative Declaration fort the Project; WHEREAS, the Mitigated Negative Declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq., and the Guidelines for implementation of CEQA, Title 14  corner of] East Sumner and South Sunnyside. Avenues; and evaluate potentially significant adverse environmental impacts; and  and  California Code of Regulations, Chapter 3sections 15000, et seq and  WHEREAS, a duly noticed public hearing was held on this matter by the Planning WHEREAS, the Planning Commission. adopted Resolution No. 645 recommending that the WHEREAS, the City Council has independently feviewéd and considered the. Mitigated Negative: Declaration and has evaluated and considered all comments; written and oral, received from persons who. reviewed the Mitigated Negative Declaration, or otherwise commented on the Project. NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE  Commission on October 3, 2019;a and  City Council adopts the Mitigated Negative Declaration; and  PROCEEDINGS, THE COUNCIL RESOLVES AS FOLLOWS:  1. Thati itl has reviewed the recommendation oft the Planning Commission.  2. That the Initial Study andi Mitigated Negative Declaration for the) Project are adequate and have been completed. in compliance with the California Environmental Quality Act and  the State CEQA Guidelines,    3. That it has independently reviewed and considered the information contained in the Initial Study and Mitigated Negative Declaration prior to approving the project 4. Finds on the basis of the whole record before it,i including thel Initial Study, Mitigated Negative Declaration, and any comments received that there ist no substantial evidence in the record that the Project will have a significant effect on the environment. BEITFURTHER RESOLVED that thel Fowler City Council hereby adopts thel Mitigated Negative Declaration for Vesting Tentative Subdivision Map No. 6274 with mitigation measures as contained in Exhibit "A", which have been incorporated into the Project Conditions of Approval. Ihereby certify the foregoingi is a full, true, and correct copy ofat resolution duly and regularly adopted by the City Council oft the City of Fowler at a meeting held on the 5"h day ofNovember 2019 by the  following vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    Exhibit "A" Mitigation Measures  Mitigation Measure Bio-1:  Prior to ground disturbance, al biological resources field survey shall bej performed by a qualified biologist. The biological resources field survey shall be conducted no more than 30 days prior to the start of construction and shall be submitted to the Planning Department prior to issuance of  grading permits. Mitigation Measure Bio-2:  Prior to the start of construction, ifa active nests are discovered near work areas, the biologist shall determine and recommend appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines and/or the biology of the species in question. Thel Project proponent shall ensure that construction buffers meeting the biologist's recommendations are identified with flagging, fencing, or other easily visible means, and shall ensure that the buffers are maintained until the biologist has determined that the nestlings have fledged. Prior to submittal ofaf final map, the developer shall retain the services ofa qualified professional to evaluate structures on-site for purposes of determining ift the structures are eligible by the State Historical Resources Commission for listing in the California Register of Historical Resources (PRC: Section 5024.1,Title 14 CCR, Section 4850, et seq.). Ifthe structures are determined to be eligible for listing, said structures shall not be demolished and the final maps shall be revised to allow structures eligible for listing to remain intact. Final maps revised in accordance with this mitigation measure may be found to be ins substantial  Mitigation Measure CUL-1  conformance with the approved tentative map. Mitigation Measure CUL-2: the SSJVIC.  Ifstructures on the Project site are found by a qualified professional, to be eligible for listing in the California Register of Historical Resources, said structures shall be properly recorded with  Mitigation Measure CUL-3:  Should archaeological remains or artifacts be unearthed during any stage of Project activities, work int the area of discovery shall cease until the area is evaluated by a qualified archacologist. Ifmitigation is warranted, the Project proponent shall abide by recommendations oft the  archaeologist.  Mitigation Measure CUL-4:  Int the event that any human remains are discovered on the project site, the Fresno County Coroner must be notified oft the discovery (California Health and Safety Code, Section 7050.5) and all activities in the immediate area of the find ori in any nearby area reasonably suspected to overlie adjacent human remains must cease until appropriate and lawful measures have been implemented. Ift the Coroner determines that thei remains are not recent, but rather ofNative American origin, the Coroner shall notify the Native. American Heritage Commission (NAHC) in Sacramento within 24 hours toj permit the NAHC to determine the Most Likely Descendent  (MLD) of the deceased Native American.    ITEM 7B  RESOLUTION NO. 2446 RESOLUTION BEFORE THE CITY COUNCIL OF THE CITY OF FOWLER COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION. APPROVING VESTING TENTATIVE SUBDIMISION MAP NO. 6274  WHEREAS, an application for Vesting Tentative Subdivision Map No. 6274 has been submitted for APN343-020-15) located ont thet northwest comerof Bast Sumner and South Sunnyside; WHEREAS, a duly noticed public hearing was held on this matter by the Planning, WHEREAS, the Planning Commission adopted Resolution No. 647 recommending that the WHEREAS, an Initial Study/Mitigated Negative. Declaration has been prepared, citculated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, ct seq., and the Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3, Section 15000, ct seq.; and  and  Commission on October 3, 2019; and  City Council approves Vesting Tentative Subdivision. Map No. 6274; and  WHEREAS, the City Council has adopted Resolution No. 2445. adopting the Initial WHEREAS, the City Council has made the following mandatory findings for the Tentative 1. That the proposed map is consistent witb applicable general and. pecific plans as. sperifed in Seckion 65451 2. The design or improvement. ofA Hhe proposed subdivision is consistent wilh applicable general and. sperific plans.  Study/Mitigated Negative Declaration; and  Map approval as prescribed by the State Subdivision Map Act (Sec. 66474):  with approval of General Plan Amendment. No. 10-01,  3. That the. site is pbysically siitable for the sype dfa development. 4. Tbat the, site is physically smilable for fhey propased densily dfa development. damage ors sabstantially aid avoidably injure afish or wildlife babitat.  5. That the derigng gf thes subdivision or the) proposed improvements are not likely to caMe. ahtantialmhnommemta 6. That the design of Whe. sabdivision or bpe of improvements is mot. likely to cause. sérious publio bealfh problems. 7. Tbat the design of tbe stibdivision or the sype gfimprovements will Hot conflict ilb easements, acguired by the WHEREAS, the City Council as a rèsult of its inspections, investigations, and studies made on its behalf and of testimonies offered at said hearing and the rccommendation of the Planning  public at large, for access through OTA Hse 0A priperty wibin the proposed subdivision.    Commission, has established that the best interests of the City of Fowler and of its residents is to NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCILHEREBY APPROVES Vesting' Tentative Subdivision Map No. 6274 as shown on Exhibit "A" and subject to the Conditions of Approval attached as Exhibit Ihereby certify the foregoingi is a full, true, and correct copy ofai resolution duly and regularly adopted by the City Council oft the City of] Fowler at a meetingl held on the 7t day ofMay 2019b by the following  approve Revised Vesting Tentative Subdivision Map No. 6274.  "B."  vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    Exhibit"A"  Revised Vesting Tentative Subdivision Map No. 6274    Exhibit "B"  Conditions of Approval VTSM No. 6274  General:  1. All conditions of the applicant shall be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards. 2. The design and improvement oft the subdivision shall conform to' Titles 1 through 15 ofthe City of Fowler Subdivision Ordinance and to the City of Fowler Standard Specifications ("Standard Specifications"), unless otherwisé specified in thése conditions. 3. The applicant shall enter into a subdivision agreement with the City if the final map is recorded prior to completion oft the off-site improvements. 4. The applicant shall pay all fees as required by existing ordinances and schedules. 5. All water wells and septic systems that served the property shalll be abandoned pursuant to City, County, and State standards. The septic system shalll be removed and the wellcapped, 6, The: applicant shall pay all: fees as required by existing ordinances and schedules. 7. All public infrastructure improvements must deemed substantially complete by the City 8. As many energy-conserying: features as possible shall be included in the project. Examples include, buta arei not] limited to, increased wall and ceiling insulation, EPA-certified fireplace inserts and/or wood stoves or natural gas firéplaces, electrical and natural. gas outlets installed around the exterior of the units to encourage use of electric yard. mainténance equipment and gas-fired barbeques, and each home wired for computers/nternet. and 9. To: réduce construction noise, construction contracts shall require that all equipment be. maintained according to the manufacturers' specifications, and that noise-generating 10. Hours of construction shall bel limited tot thel hours of6:00: amt to 7:00 pm, Monday through +. amaaipwilwwhwae sagserlhephsemeniafimaMsy-iagsesihalinsd-w: Ayesaspet olesien-Fiedeveiepethidisahwei-eehawelwnewilin 12. Crosswalks shall bej provided across Street' 'A' and Street 'B' tos ensure pedestrian safety for access to the park area. A crosswalk shall also be provided at Sumner and Sunnyside AImht-lyheAay eveepmet-Parser-emd Tthese crosswalks shall be decorative such thermoplastic 13. Projects shall include all street lights, street signs, stop signs, and other designated by the City fors street call names and traffic control. All signs shall be provided per City Municipal 14. The developer shall annex to the City Lighting and Landscape Maintenance District. 15. Per Public Works Standard Drawing W-2.fFire) hydrants shall be spaced at a distance not to exceed 400 300_feet en-eenter and shall be valved separately from the Water main, Locations shall be approved by the City) Engineer, and Fire Chef,msr-yaffw-e.  Engineer prior to thej issuance ofbuilding permits.  electronic meter reading.  equipment be equipped with mufflers.  Saturday.  the-subdivision  pavement, striping and/or stamped and colored concrete. Code and shall be in like kind constructed ons adjacent streets.    16. The developer shall comply with the provisions ofFMC Section 9-5.1605 related to single-  family design criteria prior to recordation ofai final map.  Final Map:  17. A right-to-farm covenant shall be recorded prior toj récordation oft the final map. 18. The minimum frontage ofeach lot shall comply with the City ofFowler Zoning Ordinance. 19. Lots adjacent to Sumner Avenue and Sunnyside Avenue shall have no direct access to said 20. Street right of way andj pedestrian/utility easements shalll be dedicated to the City of] Fowler 21. Street names shall be verified by City staff prior to finalizing the final. map. Street names shall) be consistent with streets along similar alignments throughout the City  streets.  as indicated on the tentative map.  Circulation:  22. The developer shall mitigate the project's traffic impacts at. the intersection ofE. Sumner Avenue/ Sunnyside Avenue and the future unnamed collector street/Sunnyside Avenue, through payment of a fair share contribution eimterssien-impovenenis-melaéimgte 23. The intersection of Sumner Avenue and Sunnyside. Avenue shall be improved to includea southbound. right left turn. pocket. Developer shall dedicate right of way necessary to 24. Avense-A'shalheesesmauwhemamthkaunhpefhemhivaionasasbsie-er evelepmeniecuringielemash-Aaethwnthumiaehepisaiasedaihemonthtemins 25. Developer shall construct curb, gutter and a 5-foot sidewalk, street lighting and publicright ofway landscaping along Sumner. Avenue and Sunnyside. Avenue frontages. Aj pavement overlay may be required beyond the centerline to provide for a smooth transition. Transition grade greater than 4 percent will not be allowed. The street section shall be 26. Additional street right-of-way shall be dedicated such that a 72-foot right-of-way is provided along Sunnyside. Avenue and a 70-foot right-of-way is provided along Sumner 27. Developer shall construct curb extensions along A and B. Avenues to calm traffic. 28. LED-Sstreet lights shall be constructed per City Standards along Sumner Avenue and Sunnyside Street Avenue along the frontage of the project. LED bulbs shall bei installed.in 29. Local street pavement section shall be a minimum of2.5 inchés of hot mix asphalt over 5 30. A geotechnical report shall be prepared to provide the recommended. street pavement section on Sunnyside Avenue and Sumner Avenue. A traffic index of 6 shall be. used in 31. Traffic and street signs shall be installed by the Owner/Developer per City requirements. 32. Pasheiwpdea-eiw-t  malaionofalle-gmle.  construct. this improvement,asshown. on the tentative map.  efthe-street:  striped for two-way traffic and approyed by the City ofFowler.  Avenue.  the City Standard street lights.  inches. of Class II aggregate and verified by a project soils report.  thej pavement analysis,  PPreva-byte-ansimgDepertmemtentand-Ciy-Engineer:    33. E. Sumner Avenue and Sunnyside Street Avenué shall be constructed top provide one travel lane, a bike lane, and an 8-foot shoulder in the eastbound direction and one travel lane in 34. Develeper-shal-pave-eme-HA-WAd#r-ane-eenstewb,gHer-end-a-s-teot-Sidewalk-on heaureummemsdselewlaseraeSamyrieAremehow-lalamgleenemhemboumiay Fliepropeadimei-Almpenyltmeoumémyhenguisasatiow-ePefie Whe-tmeremenéeroftaecelelerssreePumévelepeioped-Swsyeetie-negetiatien-bekween ne-develeperan-tRedevelepetmaybealoweeie-bReerthe-enstFueHeR-e:  the west. bound direction along the frontage oft théj project.  seid-mprevements:  Water:  35. Al looped water system be developed within the subdivision and bet tested and accepted. by the City of Fowler Public Works Department. Each parçel shall be equipped a water 36. All interior water mains. shall be an 8-inch water main and loop within each phase of development. The completed interior water system shall be connected tot the 12-inch water 37. Frehydmaishal-beinsalaéat3w-owtnemabhatieiaumiamw-eifieéby-eFire 38. Two water sample stations shall be installed within the subdivision at the locations 39, Applicant shall dediçate property (Lot 30): forj placement ofTCP water treatment façilities to treat water supplied by nearby Well 8A, Costs oft the dedicated property will be eligible  meter/box.  mains in the major collector streèts at each entrance street.  Chiefand-CiyEngineer: specified by the Public Works Director.  for reimbursement  Sewer:  40. The developer shall comply with the conditions set forth by elma-kingsburgeowlet  County Sanitation District and pay all associated fees.  Grading and Drainage:  41. A grading and drainage plan. shall be submitted for review and approval by the City Engineer. The developer shall obtain a grading permit for all on-site, grading work. 42. The developer's engineer shall provide drainage calculations for the subdivision. Developer shal! direct drainage to the basin east of State Route 99 adjacent to 10th. Street or another suitable location approyed by the City Engineer, Any system upgrades, including upsizing of existing pipes and associated facilities, shall be constructed with the subdivision'sinfasinelure improvements and shall be the. responsibility oft the developer. 43. The developer's engineer shall submit a storm drain plan and hydraulic calculations showing location ofinlets, manholes, and pipelines (including sizing) to City Engineer for 44. The developer shall obtain an NPDES permit from the Regional Water Quality Control Board. Thej plan shall provide for the mitigation ofsoil erosion from thej project site during  review and approval prior to preparation. of improvement plans.    the construction and warranty periods and be submitted to the City prior to the start of construction. Developer shall supply City with the approved SWPPP and' WDID: number. 45. As aj part ofthe mitigation: measures for soil erosion, the developer shall be responsible for  street sweeping during the one-year warranty period.  Aesthetics:  46. A landscape and irrigation plan shall be submitted for review and approval by the City Engineer for the park and areas along the frontage of South Sunnyside Avenue and East 47. Lots comprising a minimum of 5% oft the total project site shall be. reserved and developed as open space. Proposed improvements shall include benches, play structure, concrete 48. A 6-foot high decorative block wall shall be constructed eron lots adjacent to Sunnyside Avenue and Sumner Avenue. Block walls shall be treated with. an approved anti-graffiti  South SumnerAvenue.  flatwork and landscaping as approved by the City Engineer. coating and/or screened with. vines as approved. by the City Engineer. 49. Each lot shall have. a streêt tree planted along its frontage.  Utilities:  50. All existing overhead utilities adjacent to and within the subdivision shall be undergrounded hneaarsna, including_along the frontages of this VTSMalong) E. Sumner Avenue and Sunnyside Street Avenue to the western and northern 51. The developer shall provide as street light plan forréview and approval by the City Engineer prior to approval of the improvement plans and prior to thé start of construction. Streetlights shall be provided by the developer and maintained by the City pursuant to 52. Developer shall work with PG&E fort the preparation ofau utility plan, subject tot the review and approval by the City Engineer prior to approval oft the improvement plans and prior to the start of construction. All work shall be completed. such that no street surface need be  boundaries oft the proposed tract. PG&E: rate schedule LS2C, reopened for service.  Irrigation:  53. Any irigation pipelines maintained by CID shall be relocated outside of the street right- of-way, except at street crossings. Anyi irrigation lines that must remain ins service shall be  reconstructed with rubber gasket) reinforced concrete pipe. 54, All abandoned irrigation lines serving the property shall be removed.  Hold Harmless and Indemnification Condition:  55, Hold) Harmless and Indemnification Condition. Approval oft this Project is for the benefit of the Applicant. The submittal of applications by the Applicant for this Project was a voluntary act on the part ofthe Applicant noti required byt the City. Therefore, asacondition of approval of this Project, the Applicant agrees to defend, indemnify and hold harmless    the City of Fowler and its agents, officers, consultants, independent contractors and employees ("City") from any and all claims, actions or proceedings against the City to attack, set aside, void, or annul an approval by the City concerning the Project, and forany and all costs, attorney's fees, and damages arising therefrom (collectively "Claim"). The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. Ift the City fails to promptly notify the Applicant of any Claim or ift the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to Nothing in this condition shall obligate the City to defend any Claim and the City shall not ber required to pay or perform any settlement arising from any such Claim not defended by the City,unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any Claim, and ift the City decides to independently defend a Claim, the Applicant shall be responsible for City's attorney'si fees, expenses of litigation and costs for that independent defense. Should the City decide toi independently defend any Claim, the Applicant shall not be required to pay or perform any settlement arising from  defend, indemnify, or hold harmless the City.  any such Claim unless the Applicant approves the settlement.  Signature ofA Applicant:  Date:    ITEM 7C  RESOLUTION NO. 2447 RESOLUTION BEFORE THE CITY COUNCIL OF THE CITY OF FOWLER COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION UNDERTAKE PROCEEDINGS FOR THE SUNNYSIDE-SUMNER NORTHWEST REORGANIZATION WHEREAS, the City ofFowler desires toj initiate proceedings pursuant to the Cortese-Knox- Hertzbergl Local Government Reorganization Actof2000, Division 3, commencing with Government Code Section 56000 for the proposed. Sunnyside-South Southwest Reorganization; and WHEREAS, the specific changes of organization consist of anhexation to the City of Fowler and the Saima-Kingburg.owler: County Sanitation District and detachment from the Kings Rivet Conservation District, Consolidated Irrigation District and the Fresno County Fire. Protection  District; and  WHEREAS, the territory proposed to be changed is uninhabited, and on this day contains WHEREAS, an illustration of the boundaries of the territory is set forth in Exhibit "A" hereto, and a map and written description accurately depicting said territory shall be forwatded to the. WHEREAS, this proposal is consistent with the City of Fowler sphete ofi influence; and WHEREAS, the City of Fowler does not desire to subject the proposal to additional terms WHEREAS, thej proposed reorganization is intended to: 1) facilitate evelopmentofyesting Tentative Subdivision Map No. 6274, said map occupying Assessor's Parcel No. 343-020-15. and approved with conditions by the City of Fowler City Council via Resolution No. 2446 on November  no registered voters, established by virtue oflack ofhabitable structures; and  Local Agency Formation Commission upon application; and  or conditions; and  5,2019, which comprises approximately 19.25: acres; and  WHEREAS, the City Council, via Resolution No. 2445 has adopted a mitigated negative NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCILHEREBY ADOPTS this Resolution of Application and the Local Agency Formation Commission of Fresno County is hereby tequested to initiate proccedings fort the Sunnyside-Sumner Northwest Reorganization in the manner prescribed by the Cortese-Knox-  declaration for the project pursuant to the California Environmental Quality Act.  Hertzberg Local Government Reorganization Act of 2000.    Ihereby certify the foregoingi is a full, true, and correct copy ofar resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the 5h day of November 20191 by the  following vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    €)  JAY wvisnoe @  @  SdsINnS  ()   s ! as    ITEM 7D  ORDINANCE NO. 2019-04  AN ORDINANCE OF THE CITY COUNCIL OF' THE CITY OF FOWLER AMENDING THE OFFICIALZONING MAP OF THE CITYTO REFLECT. A CHANGE OF ZONE FOR 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 NOS. 343-020-15  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 of the ordinance, shall be published once. in a  Foot Minimum Lot Size) as indicated in Exhibit "A" hereto.  newspaper of general circulation.  The foregoing ordinance was introduced at a meeting of the City Council of Fowler held on the 5h day of November 2019: and passed and adopted at a regular meeting oft the City Council held on the  day of AYES: NOES: ABSTAIN: ABSENT:  2019 by the following vote:  Mayor, City of Fowler  ATTEST: City Clerk    8  @  En  G  duO-NVIS  &  40  &  8 de &  d  lel    ITEM  9D-1  STAFF REPORT  DATE: TO: FROM:  10/30/19  Honorable Mayor and City Councilmembers Randy Uyeda, Finance Director  SUBJECT: Preliminary Financial Results for F2018 and 2019 -] Information Only both the General Fund and the Water Enterprise Fund. Some important notes:  The attached pre-audit financial results for FY2018 and FY 2019 shows the City is on a positive trend for  General Fund  1. Although budgeted as inj prior years due to time constraints, certain revenues such as the Tax Increment, COPS grant, and the Recycle grant are no longer in the General Fund. Several new funds/restricted accounts have been created to correct this problem. Asl Inoted in previous meetings non general fund revenues and expenditures were processed via the General Fund and never properly reviewed. Actual sales tax revenue is below projection due to CDTFA system problems, aj positive adjustment is pending. Note: FY 2018 Revenues were significantly higher 2. Overall expenditures are significantly down due to the discontinuance of non-general expenditures such as street projects and other grant related expenditures being properly accounted for in the applicable grant fund. Implementation of tighter controls and required review ofinvoices by department supervisors and City management also played an important part of cost cutting  due to Building Permits.  process. Water Fund  1. Slight increase in water revenues due to rate increase.  2. Reduction in expenditures due to non-allocation of certain General Fund expenses, mainlya portion of the finance department salary. Iam reviewing the appropriate percentages ofa allocation 3. The creation ofa Water Well Maintenance fund, said fund supported by Development/Permit fees which were specifically created for this purpose. In the past, these funds were comingled in the Water Fund and used to offset the deficit. Major well work during the year is now charged to the 4. The final adjustment may cause the water fund to show a deficit but nowhere as large as previous deficits. I remind Council that I am trying to get an accurate cost ofa all City operations. Utility Tax fund is self-funding and the large expenditures are the results oft the Fire Station Project. I have been keeping transfers into the General Fund at a minimum and only as needed. As always I am always available for further discussions ini my office.  toi insure these allocations are appropriate for the work performed.  proper Fund thus reducing the Water Fund expenditures.    Financial Summary FY 2018-2019  FY2017-18 Pre Audit $4,564,447  FY2018-19 FY2018-19 Budget $4,666,290  FY2018-19 Under/Over -11.05%  Revenues Total General Fund  Pre Audit $4,150,860  Department Expenditures City Council Administration City Clerk Finance City Attorney General Government Police Firè Animal Control Street Maintenance Planning Building Dept Park Maint Recreation Senior Center  $41,350 $263,332 $26,231 $266,525 $135,232 $332,467 $1,581,569 $96,017 $12,227 $410,750 $298,245 $57,463 $158,502 $64,987 $67,397 $3,812,294 $752,153 $1,291,383 $1,272,676 $18,707 $389,355 $1,099,832 -$710,477  $51,855 $361,957 $82,252 $321,647 $150,000 $283,056 $1,888,415 $119,950 $16,000 $656,831 $176,148 $102,781 $273,450 $79,497 $67,942 $4,631,781 $34,509 $1,151,700 $1,601,496 -$449,796- $380,500 $527,772 -$147,272  $20,862 $331,507 $82,491 $393,815 $90,064 $237,758 $1,670,731 $89,545 $10,728 $442,991 $278,819 $98,135 $165,440 $68,534 $59,660 $4,041,080 $109,780 $1,177,063 $1,163,837 $13,226 $556,747 $460,927 $95,820  -59.77% -8.41% 0.29% 22.44% -39,96% -16.00% -11.53% -25.35%. -32.95% -32.56% 58.29% -4.52% -39.50% -13.79% -12.19% -12.75% 218.12%. 2.20% -27.33% 102.94% 46.32% -12.67% 165.06%  Total G/F Expenditures  Net  Water Water  Revenues Expenditures  Net  Utility Tax Revenues Utility Tax Expenditures  Net    ITEM  9D-2  STAFF REPORT  DATE: TO: FROM:  10/25/19  Honorable Mayor and City Councilmembers Randy Uyeda, Finance Director  SUBJECT: Capital Projects = Water Storage Tanks  BACKGROUND: Council is aware that we are working on a 5 year Capital Improvement Plan initially concentrating on the City's data processing system, vehicles and equipment. Now that I am more familiar with Fowler's infrastructure there is a glaring need for Water Storage Tanks. These tanks would supply water for both residential and firei 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, reduce our electrical costs (the main well pump averages $9K a month and is the highest of our electrical costs). Other outside reasons includes the State requiring the City to provide additional water storage or put al hold on the City's expansion such as they did to Orange Cove; insurance companies refusing new business insurance due to perceived inadequate water availability (Best Buy in Dinuba is a good example, required Dinuba to build the water tank seen behind the development). Initially Ir recommend two tanks, one on either side of FISCALIMPACT: We need a "Water Plan/Model" before I can pursue grant/loan options with the USDA, Sacramento, or the California Water Board. Peters Engineering has estimated this initial cost to RECOMMENDATION: To begin the process of finding outside funding for the initial Water Plan costs or failing that, utilize the Water Impact Fees toj pay for same and begin the process of gathering information on grants/loans available for this project and design/enginering: firms. Ihave already had talks with the USDA and they agree with my recommendation and they also stand ready to assist in  the 991 Highway.  be $50,000.  funding the project.    ITEM 11A  $ 6A    8888888888888888 88888888 8 8 888 d8 888 8 d8 8  00000000 o o o o o o 000 o o >  88  8    8888 198  8 cocc1 NE Rec  ns  8 88888 888888 d8 88888 8 8 88888888 8 8888 88 0000 0o o o o o o 00000 o o 00000000 o 0000 00  0u  Duvtd  288  888    8888m8  888 8 888888888888888888888 888888 888 88888888 8 8 8 000 o 000000000000000000000 000000 000 00000000 o o o    888 8 888 8 8 8888888888 d0 d0 d0 o 000 o o 0000000000 o    888 d8 8 000 o o  489 NN    888888888888888 8 8 00000000000000000 o o    88888888888 8 8 8 6066660666G o o o  9R9        00%  88888 d8 00 0 00 00 of 888 8 8 888 d8 d0 d0 d0 d0 d0 88 88888  00000 o  000 o  0000  a    9  o0 of  00 00 0 00    E  d0 0    A  888 8 8 000 o o EE  88    a        ITEM 11B  MINUTES OFTHE FOWLER CITY COUNCIL  SPECIAL MEETING OCTOBER 15,2019  Mayor Cardenas called the meeting to order at 6:30 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Parra, Rodriquez  Councilmembers Absent: Kazarian  City Staff Present: PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  City Manager/City Clerk Davis, City Attorney Cross  The meeting adjourned to a closed session at 6:32 p.m. pursuant to Government Code Section 54957: Public Employee Performance Evaluation, Title: City Manager and Government Code Section 54957.6; Conference with Labor Negotiator Agency Negotiator: City Attorney The meeting reconvened to open session at 6:57 p.m. with no reportable action taken.  Represented Employee: City Manager,  ADJOURNMENT  Having no further business, Councilmember Rodriquez made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 6:57 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  OCTOBER 15, 2019  Mayor Cardenas called the meeting to order at 7:01 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Parra, Rodriquez  Councilmembers Absent: Kazarian  City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, Finance Director Uyeda, Police Chief Alcaraz, Public Works Director Dominguez, Fire ChiefLopez, Deputy City Clerk Burrola  The Flag Salute and Pledge of Allegiance were followed by ai moment ofs silence and reflection.  PUBLIC PRESENTATIONS There were no public presentations. NANAK PARKASH PARADE  APPROVE REQUEST TO CLOSE CITY STREETS FOR THE GURDWARA GUR Harpreet Binning, Gurdwara Gur Nanak Parkash representative, asked the Council to approve closing the streets for their annual parade on Sunday, December 1, 2019. Preparations and safety arraignments have been made with Caltrans, Highway Patrol and Fowler Police Department. Councilmember Rodriquez made a motion to approve the request to close City streets for the Gurdwara Gur Parkash Parade On Sunday, December 1,2 2019; seconded by Councilmember Parra. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Parra, Rodriquez. Noes: APPROVE REQUEST TO USE PANZAK PARK FOR USTAD LAL CHAND YAMLA Rajinder Brar, Fowler resident, asked the Council to approve the use of Panzak Park to celebrate a memorial fair with musical performances, in honor of the inventor of the Tumbi musical instrument. The event will be held on Sunday, October 20, 2019 from 1:00 p.m. to 6:00 p.m. Councilmember Rodriquez made a motion to approve the request to use Panzak Park for the Ustad Chand Yamla Jatt Memorial Fair on Sunday, October 20, 2019; seconded by Mayor Pro Tem Hammer. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Parra,  None. Abstain: None. Absent: Kazarian. JATTMEMORIAL FAIR  Rodriquez. Noes: None. Abstain: None. Absent: Kazarian.  COMMUNICATIONS  City Manager Davis said the Council has been invited to attend the State of Reedley College and Community Award Ceremony, Wednesday, November 6, 2019,7:30: a.m. to 9:00a.m. Ms. Davis mentioned the upcoming Lions Club Band Review this Saturday, October 19, 2019. The Household Hazardous Waste event will be held in Sanger at the Sanger City Hall parking lot.    STAFF REPORT CITY MANAGER'S REPORT  City Manager Davis said a General Plan workshop is scheduled for Tuesday, November 5, 2019at 6:00 p.m. She said the City Engineer will be scheduling a SKGSA workshop for Tuesday, November 19, 2019; discussion will also include development processing and City standards.  PUBLIC WORKS REPORT  Public Works Director Dominguez circulated the Outside District Assessment expenses for 2019  fiscal year.  FINANCE DIRECTOR'S REPORT toj present for the next Council meeting. POLICE DEPARTMENT REPORT  No report was given. He did mention he will have a preliminary report of 2019 fiscal year results  Approve Resolution No. 2441, "A Resolution Authorizing of Individual to Make Application for and Administer the New Alternative Fuel Vehicle Purchase Program Approve Resolution No. 2442, "A Resolution of the City Council of the City of Fowler, Fresno County, Approving the Application for the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program: New Alterative Fuel Vehicle Police Chief. Alcaraz said the department is addressing the needs for the community by identifying traffic as a serious concern ini maintaining the safety of the children and community as a whole. He expressed the need to purchase a motorcycle to allow the ability to be much more flexible and efficient in enforcing traffic laws which will subsequently lower traffic collisions and ensure the safety oft motorists and pedestrians. A grant would allow for the purchase ofai motorcycle up to the amount of $20,000. In addition to the purchase of the motorcycle, he is recommending the purchase of an electric Toyota Prius. The cost of this vehicle, which would meet the grant requirements, is quoted at $30,225.56. The grant would cover up to $20,000, if granted; he would work within the budget to meet the additional $10,225.56 for the purchase of this vehicle. Chief Alcaraz said he is implementing a Volunteer in Policing program, which would create an opportunity for citizens to volunteer with the police department. The Vehicle would be used by the volunteers and staff as they perform their daily activities such as filing cases with the District Councilmember Rodriquez made a motion to approve Resolution No. 2441, "A Resolution Authorizing of Individual to Make Application for and Administer the New Alternative Fuel Vehicle Purchase Program through the San Joaquin Valley Air Pollution Control District"; seconded by Councilmember Parra. The motion carried by unanimous voice vote: Ayes: Cardenas,  through the San Joaquin Valley Air Pollution Control District"  Purchase"  Attorney's office and other support services.  Hammer, Parra, Rodriquez. Noes: None. Abstain: None. Absent: Kazarian.    Mayor Pro Tem Hammer made ai motion to approve Resolution No. 2442, "A Resolution of the City Council ofthe City of Fowler, Fresno County, Approving the Application for the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program: New Alterative Fuel Vehicle Purchase" seconded by Councilmember Rodriquez. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Parra, Rodriquez. Noes: None. Abstain: None. Absent: Kazarian.  FIRE DEPARTMENT REPORT No report was given. CITY ATTORNEY'S REPORT  Consider and Approve City Manager's Advancement to Step D on the Salary Schedule as Authorized in the City Manager's Employment Agreement City Attorney Cross stated the Council has evaluated the City Manager and recommended moving City Manager Davis to Step D of the City Manager's Salary Schedule ($12,224.61). Councilmember Rodriquez made a motion to approve City's Manager's Advancement to Step D of the City's Manager's Salary Schedule, seconded by Mayor Pro Tem Hammer. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Parra, Rodriquez. Noes: None. Abstain:  None. Absent: Kazarian. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants = October 15 2019; B) Approve Minutes of the City Council Meeting = October 1,2019; C) Approve Agreement between County of Fresno and the City of Fowler to Administer and Implement the Community Development Block Grant (CDBG) Program - Fowler Panzak Park ADA Restrooms; D) Consider Approving Staff Recommendation to Reject Claim - (Mercedes Tovar), Claimant. Councilmember Parra made a motion to approve the consent calendar, seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer, Parra, Rodriquez. Noes: None. Abslain:  None. Absent: Kazarian. COMMITTEE REPORTS  Mayor Pro Tem Hammer said the Fowler Farmer's Market has been a huge success; the last day will be Wednesday, October 30, 2019. The Christmas Tree Lighting is scheduled for December 7,  2019.  CLOSED SESSION  The meeting adjourned to a closed session at 7:48 p.m. Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 130 S. 6th Street. Agency Negotiators: City Manager. Negotiating Party: Untied Health Centers. Under Negotiation: Price, Mayor Cardenas left due to owning property near subject property oft the closed session item. The meeting reconvened to open session at 8:02 p.m. with no reportable action taken.  terms.    ADJOURNMENT  Having no further business, Mayor Pro Tem Hammer made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 8:02 p.m.    ITEM 11C  STAFF REPORT  TO: FROM:  Honorable Mayor and City Councilmembers Jeannie Davis, City Manager  SUBJECT: CDBG Consultant Selection - Engineering Services  DATE: Requested action:  November 5,2019  Award. contract to Peters Engineering Group in the amount of $48,790.00 to provide design and construction engineering services related to the Panzak Park Restroom Replacement Project.  Discussion /I Recommendation:  The City has received Community Development, Block Grant funds which have been designated to the Panzak Park Restroom Replacement Project. The project will replace the existing restroom building with ai new. modular pre-manufactured building and will include associated infrastructure upgrades to support the new building. As required by CDBG guidelines, the City issued al Request for Proposals to provide engineering services rélated to the project for both the design and  construction phases. Proposals were received from the following firms:  Peters Engineering Group (Clovis) 4-Creeks (Visalia).  Staff evaluated- the proposals and determined Peters Engineering Group to bet the most qualified to perform services on thej project based on completion of similar projects and their vastl knowledge of local conditions. The agreement is for a three-year fiscal year period beginning in 2019/20 and ending in 2021/22. Proposals are available for review in the office of the City Clerk.    AGREEMENT FOR PROFESSIONAL: SERVICES  THIS AGREEMENT is entered into on the  day of  20 by and  between  "CLIENT" City of] Fowler 128 S. Fifth Street Fowler, California 93625  "CONSULTANT" Peters Engineering Group A California Corporation 952 Pollasky Avenue Clovis, California 93612  as follows:  CLIENT engages CONSULTANT to perform professional services for a project known and described as ADA Compliant Restroom Facilities at Panzak Park (CDBG Project No. 19231)in  Fowler.Califoria hereinafter called the PROJECT."  CLIENT and CONSULTANT, for mutual consideration, agree as follows:  1. Scope of Services. CONSULTANT agrees to provide and perform certain professional services for CLIENT in connection with the PROJECT as set forth in Exhibit "A" attached hereto and 2. Schedule. CONSULTANT shall perform its services in accordance with the schedule set forth inl Exhibit "A." CLIENT agrees that CONSULTANT shall not be responsible for delays which are due to causes beyond CONSULTANT's reasonable control. In the case of any such delay, the time for MP-EPMACONSULTANTS services hereunder shall be extended. accordingly. a. Fees. CLIENT agrees to pay CONSULTANT as compensation for its services in accordance with the fee set forth in Exhibit "A". Additional services will be billed in accordance the most reçent approved Hourly Rate Schedule. Fees and all other charges will be billed monthly as the work progresses, and the net amount shall be due at the time of billing. Should CLIENT dispute in good faith any portion of an invoice, CLIENT shall pay the undisputed portion as provided herein. Interest of 1% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts wrongfully withheld or not paid within thirty days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorneys' fees or other costs incurred b. Retention. Ifany portion OfCONSULTANT'S: fee is held in retention, such amount shall be released within thirty days after completion of the corresponding services. Interest shall be paid on all retention amounts at the rate of 1% per month from the date retained. 4. Standard ofCarc. In the performance of its professional services, CONSULTANT will use that degree of care and skill ordinarily exercised under similar conditions in similar localities and no other warranties, express or implied, are made or intended in any of CONSULTANT'S proposals, contracts or reports. CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by CLIENT or others without independent review or evaluation unless provided otherwise in Exhibit "A." CONSULTANT shall perform its services in connection with applicable laws, rules, regulations and standards that are in effect as of the date of this agreement. If any changes occur in such laws, rules, regulations or standards that  incorporated byt this reference.  3. Compensation.  in collecting any delinquent amount shall be paid by CLIENT.    materially affect the scope of work or schedule of this agreement, CONSULTANT'S 5. Limitation of Liability. In recognition of the relative risks and benefits of the PROJECT to the parties, CLIENT agrees to limit CONSULTANT's liability for damages to CLIENT arising out of services performed hereunder to a sum not to exceed $10,000 or CONSULTANT'S fee, 6. Instruments of Service. All tracings, survey notes, machine-readable information and data ("CADD data") and other original documents are instruments of service and shall remain the property of CONSULTANT, except where by law or precedent these documents become public 7. Reuse of Documents. Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this agreement are not intended or represented to be suitable for reuse by CLIENT or others on extensions ofthe PROJECT or on any other project. 8. Fees and Permits. CLIENT shall pay the cost of all fees, permits, bond premiums, title company charges, blueprints and reproductions in connection with the PROJECT and CONSULTANT'S services hereunder unless otherwise specified in Exhibit' "A." 9. Termination of Agreement. In the event CLIENT fails to pay CONSULTANT within thirty days after an invoice is rendered, then CLIENT agrees that CONSULTANT shall have the right to consider said default a total breach oft this agreement and the duties of CONSULTANT under 10. Other Agreements. There are no understandings or agreements except as herein expressly stated. Any purchase order issued by CLIENT for the services to be provided hereunder shall be deemed to have been issued for its own purchasing, accounting and other record-keeping purposes only and shall not be deemed to be aj part of this agreement or to modify or amend this 11. Counterparts. This agreement may be executed in one or more counterparts, cach of which shall be deemed an original, but all of which together shall constitute one and the same 12. Governing Law. This agreement shall be governed by and construed in accordance with the 13. Responsible Charge. The engineering work related to this project will be prepared under the responsible charge of at least one of the following registered Civil Engineers in the State of IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated, the day and year first above written.  compensation shall bei renegotiated accordingly.  whichever is greater.  property.  this agreement terminated upon five days' written notice.  agreement in any way. instrument.  laws oft the state ofCalifornia.  California: David Peters, RCE: 52685; John Rowland, RCE52753.  "CONSULTANT" Peters Engineering Group By: Title:  "CLIENT" SER. Jobs for Progress By: Title:    Exhibit "A" SCOPE OF SERVICES (CDBG Project No. 19231) Fowler, California  ADA Compliant Restroom Facilities at Panzak Park  INTRODUCTION  Peters Engineering Group (Consultant) will provide City of] Fowler (Client) with engineering serviçes for the project as described herein. Consultant's services will prepare design plans for the replacement ofrestroom facilities at Panzak Park with aj pre-manufactured. unit. Work will include design engineering, project administration, construction administration, and  inspection and materials testing. WORK TASKS  The Consultant will perform the following work tasks: Task 101 Kickoff Meeting & Site Visit  Consultant will attend al kickoff meeting with Client and Client's representatives to determine  applicable design standards and other details applicable to1 the project.  Task 102 30% Design Plans  Thirty percent (30%) engineering design plans will be prepared for the subject improvements. Engineering plans will identify horizontal limits of construction and will provide preliminary  vertical design information to identify impacts to existing facilities. Three sets of preliminary plans will be submitted for City Review. Task 103 70% Plans, Specifications. & Estimate (PS&E)  Based upon City review of the 30% design plans, Consultant will prepare seventy percent (70%) construction plans, technical specifications and opinion of probably construction cost for the project improvements. Project construction document will be prepared to comply with County of Fresno and. CDBG requirements. Three sets of the 70% PS&E documents will be submitted to the City for review. Two sets of the 70% PS&E documents will be  submitted directly to the County of Fresno for review.  Task 104 100% PS&E  Based. upon City review of the 70%. PS&E, Consultant. will prepare one. hundred percent (100%) PS&E. Three sets of the 100% PS&E documents will be submitted to the City for review. Two sets of the 100% PS&E documents will be submitted directly to the County of  Fresno for review.  Task 105 Construction Bid Documents  Upon approval of the 100% PS&E submittal by the City and County, Consultant will prepare final construction plans and opinion of probably construction cost for the project. One set of  reproducible plans and specifications willl be submitted to the City.    Task 106 Bidding Assistance  Consultant will assist Client in answering questions and preparing addendums (if necessary) during the bidding phase of the project. Consultant will also review the bids and provide  recommendations regarding the bid award ifs so desired by the Client.  Task 107 Construction Phase Services  Consultant will provide necessary construction staking for the proposed project improvements, provide daily inspection, materials testing, and construction administration services such as labor compliance, review of submittals, coordination with the County, and  general compliance. The Client shall:  CLENTSDUTIESAND RESPONSIBILITIES  a) Provide all criteria and full information concerning Client's requirements for the Project. b) Apply for and obtain all approvals and permits from all governmental agencies having jurisdiction over the project, and such approvals from other entities as may be necessary for the project, with the assistance from the Consultant or as additionally authorized. c) Client shall pay all fees and charges associated with securing permits and approvals not d) Give prompt notice to Consultant whenever Client observes or otherwise becomes aware ofany development that affects the scope or timing of Consultant's services. e) At Client's discretion, authorize and direct Consultant to provide necessary Additional  previously described.  Services.  ADDITIONALSERVICES  The Client may, at its sole discretion, request that Consultant perform Additional Services. Both parties, prior to proceeding with these services, shall execute a written amendment to this Agreement. Hourly rates for time and material work approved as Additional Services  shall bei in accordance with Exhibit "B."  RIGHTTORELY  Consistent with the professional standard of care, Consultant shall be entitled to rely upon the accuracy of data and information provided by the Client or others without independent  review or evaluation unless specifically required in the Scope of Services.    COMPENSATION  Consultant's fee for the services shall be as follows: Design Engineering (Tasks 101-106) Construction Engineering (Task 107)  =$29,274 =$19,516 Total =$ $48,790  Compensation for Additional Services shall be in accordance with the most recent approved  Hourly Rate Schedule.    PETERS ENGINEERING GROUP  AC CALIFORNIA CORPORATION  Exhibit"B"  HOURLY RATE SCHEDULE (Effective 1/1/19 to 12/31/19)  CLASSIFICATION Principal Civil Engineer Senior Civil Engineer Civil Engineer Land Surveyor Staff Engineer Clerical Robotic Total Station Litigation Support  RATE $180/hr $165/hr $130/hr $120/hr $115/hr $90/hr $68/hr $35/hr $350/hr  Dratspersom/Technician/Inspector  REIMBURSABLES SCHEDULE (Effective 1/1/19 to 12/31/19)  DESCRIPTION Mileage Travel Subsistence Postage Reproduction Subconsultant  RATE $0.64/mile Actual Cost + 10% Actual Cost + 10% Actual Cost +1 10% Actual Cost + 10%  Work requiring an accelerated schedule is subject to a 25% labor surcharge. Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from  the date of original invoice. Finance charges will apply to unpaid balances.  952 Pollasky Avenue * Clovis, California 93612 + (559)299-1544 + mypetei-engnerimgcom    RESOLUTION NO. 2444  ITEM 11D  AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER COUNTY OF FRESNO, STATE OF CALIFORNIA AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND WHEREAS, the Local Agency Investment Fund is established in the Start Treasury under Government Code Section 16429.1 et. Seq. for the deposit of money of a local agency for purposes of WHEREAS, the Fowler City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund is accordance with Government Code Section 16429.1 et. Seq. for the purpose of investment as provided therein is in the best interests of the City of Fowler. NOW THEREFORE, BE IT RESOLVED, that the Fowler City Council hereby authorizes the deposit and withdrawal of City of Fowler monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code Section 16429.1 et. Seq. for the purpose of investment Section1. The following City of Fowler officers hold the title(s) specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purpose of this resolution and the transactions contemplated  investment by the State Treasurer; and  as provided therein.  BE FURTHER RESOLVED, as follows:  hereby: Jeannie Davis (Name) City Manager (Title) (Signature)  Randy Uyeda (Name) Finance Director (Title) (Signature)  David Cardenas (Name) Mayor (Title) (Signature)  Section 2.This Resolution shall remain in full force and effect until rescinded by the Fowler City Council by resolution and a copy oft the resolution rescinding this resolution is file with the State Treasurer's PASSED AND ADOPTED, by the Fowler City Council oft the City of Fowler County of Fresno, State of  Office.  California on November 5, 2019.  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  Jeannie Davis, City Clerk