08 AGENDA AUGUST 20, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  FOWLER CITY COUNCIL MEETING  Councilmember Dan Parra will be attending the meeting by teleconference at the following public location: Hotel Lobby - Hyatt Regency Chicago, 151 E. Wacker, 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  Chicago, IL 60601  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 ofi resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.    6.  Approve Request to Close Fresno Street between First and Second Streets for the Fowler Chamber of Commerce First Annual Car Show on Saturday, September 7,  2019 Communications Staff Reports A)  7. 8.  Discussion/Drection Regarding Request by National Raisin - Tract No. 6188 to Remove Open Space Requirement From Condition of Approval for the B) Second Reading of Ordinance No. 2019-03, "An Ordinance of the City Council of the City of Fowler Amending Section 9-5.21.09 of Article 21 of Chapter 5 of Title 9 of the Fowler Municipal Code Pertaining to Fences,  Subdivision  Walls, and Hedges" C) City Manager's Report D) Public Works Report E) Finance Department Report F) Police Department Report G) Fire Department Report  1)  Adopt Resolution No. 2439, "A Resolution of the City Council of the City of Fowler for the Fresno County Multh-Jurisdictional Local Hazard Mitigation Plan and Incorporating it Into The Safety Element of The County General Plan; and Authorizing The Emergency Services Director To Implement Future Updates to the Fresno County Multi- Jurisdictional Local Hazard Mitigation Plan in Compliance with Local,  State or Federal Codes"  9. City Attorney's Report  10. Consent Calendar - Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa 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 - August 20, 2019  B) Approve Minutes of the City Council Meeting - July 16, 2019 and City Council and Fowler Public Financing Authority Special Joint Meeting - July30,2019  2    C) Approve Fresno County Audior-Controler/tax Collector Authority Special  Assessment Changes  11. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councimember Kazarian Councimember Parra Councimember Rodriquez  12. Adjournment  Next Ordinance No. 2019-04  Next Resolution No. 2440  CERTIFICATION: 1, Corina Burrola, Deputy City Clerk oft the City of Fowler, California, hereby certify that  the foregoing agenda was posted for public review on Friday, August 16, 2019.  Opidu forl  Corina Burrola Deputy City Clerk  3    ITEM STAFF REPORT  8A  CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT: CITY OF FOWLER CITY COUNCIL  UPDATE TO COUNCIL ON PARKS AND OPEN SPACE REQUIREMENTS IN RESIDENTIAL  DEVELOPMENT To: Fowler City Council From: Dawn E. Marple, City Planner Date: August 20, 2019  Subject: Update to Council Regarding Parks and Open Space Requirements in Subdivisions  .B Background and Discussion  Onl Tuesday, July 30, 2019 during the Public Presentation portion of the Council meeting the applicant's representative for approved Tentative Tract Map No. 61881 requested that the open: space condition! be removed from the conditions of approval based on the assertion that other tract maps within the City The City of Fowler General Plan (2025 General Plan) Land Use Element was updated in June of 2004. In  have not been held to this requirement.  that update General Plan Policy 4.3.16 was added stating the following:  All residential projects shall provide usable open space within the boundaries of the development. This open space shall be in addition to any development fees paid for a) Withinmulifamily projects, including mobile home parks, ar minimum of 10% oft the project site shall be developed with usable open space which could include swimming pools, b). Within single family projects, either attached or detached, a minimum of 5% of the project site shall be developed with usable open space which could include common recreation areas, mini-parks, common green belts/recreation trails, and landscaping. Such open space shall be maintained by assessment district, andscape/Ighting district,  neighborhood or community park space.  green space, landscaping, and recreation/meeling rooms.  homeowners' association, or other appropriate maintenance entity.  Inc order to implement the adopted 2025 General Plan, the Fowler Zoning Ordinance was updated in March of 2009. This update included updates to Article 16- - Design Review. Section 9-5.1605 -S Single-  Family Residential Subdivision Design Criteria was added stating the following:  K. Open Space. All residential subdivisions shall provide usable open space within the boundaries of the development. A maximum of fifly (50) percent of the cost of the open 1. Within single-family projects, either attached or detached, a portion of the site shall be developed with usable openspace: suchas commonrecredtion areas, mini-parks, green belts/trails, and landscaping to be maintained by a landscape/lghting district,  space facility may be in-lieu of required park fees.  homeowners' association, or other appropriate maintenance entity.  Since the adoption of the General Plan in 2004, seven residential subdivisions have been submitted for processing; six of which have been processed through to City Council with one new residential  subdivision currently being reviewed by staff.  City of Fowler  Planning & Community Development    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT  Of the six that have been processed through to City Council one was simply a revision to a map that was approved prior to the adoption of the General Plan Update, two others never were developed, onei is currently being developed (Tract No. 5834, K. Hovnanian), and the remaining two were recently approved by Council on May7,2019. The tentative map currently under review meets the open space All of the maps that have been processed were subject to the open space requirements of the 2025 General Plan. The only map that does not meet the open space requirements is Tract No. 5834. However, this map was accepted for processing prior to the Zoning Ordinance update in 2009. This map was processed by previous staff with the explanation that Tract 5834 is located at the northwest corner of South and Sunnyside Avenues and is positioned between two proposed park sites: Donny The General Plan Policy and Zoning Ordinance requirements are a way for the City toi implement parks and open space. The 1976 General Plan Environmental Resources Management Element established that "Thirteen acres of developed public recreation land should be provided for every 1,000 persons" and "Developed public recreation land should be within walking distance of potential users. ...an Inorderf fort the condition of ther required openspace tol be removed the applicant would need to apply for a General Plan Amendment and a Zoning Text Amendment to remove the requirements for open space. If those processes were tol be approved, the requirements for open: space as described, above, would not apply to any future subdivision maps. The applicant could then process a revised tentative  requirement.  Wright Park (now operational) and the future Sports Park.  optimum walking distance for parks is defined as one-half mile."  tract mapi forr review and approval by the Planning Commission and Council.  II, ATTACHMENTS Subdivisions Map  City of Fowler  Planning & Community Development    PROVOST& PRITCHARD  15352  CilyLimits Sphere ofinfluence Subdivisions ParcelBoundary    ITEM  8B  ORDINANCE NO. 2019- 03  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTION 9-5.21.09 OF ARTICLE 21 OF CHAPTER 5 OF TITLE 9 OF THE FOWLER MUNICIPAL CODE PERTAINING TO FENCES, WALLS, AND HEDGES.  THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS:  SECTION 1. FINDINGS.  1. State Law Findings. Civil Code Section 835 authorizes the use of an "electrified security fence" subject to certain requirements and restrictions, and only if allowed by a local ordinance. Accordingly, local agencies such as ac city may prohibit electrified security fencing altogether or authorize such fencing subject to the requirements and restrictions in Civil Code Section 835. 2. City Findings. It is in the interest of the City of Fowler to adopt and maintain its own effective Zoning Ordinance and land use regulations, including standards and regulations relating to fencing within the City's jurisdictional boundaries. Itis also in the City's interest to ensure that certain design and development requirements are applied to electrified security fencing, if and where such fencing may be authorized in the City. Consequently, the City finds it is in the public interest to adopt standards for the installation and  operation of electrified security fencing in the City.  SECTION: 2. Section 9-5.21.09 of Title 9, Chapter 5, and Article 21 of the Fowler  Municipal Code is hereby amended to read as follows:  9-5.21.09- Fences, Walls and Hedges A. Normal Corner Lots.  1. Along the side lot line of the street or alley side.  a. Anywhere within any required front yard area. Fences and walls shall be fifty (50) percent or more open and shall not exceed a b. Anywhere along the side lot line measured from the rear lot line to the beginning of the front yard area. Fences and walls shall not exceed six (6) feet in height; provided, however, if a garage or carport is constructed with entrance from the side street, the  maximum height of forty-two (42) inches.    fence or wall shall not exceed forty-two (42) inches in height from  the carport to the front line.  B. Reverse Corner Lots.  1. The same height restrictions shall apply as described for normal corner 2. Hedges, trees and architectural features may be located in front yards and front the side lot lines adjacent to the front yard and along the street side, side yard, from the main structure to the front lot line and to the rear lot line, provided they are maintained in such a manner as not to create a  lots.  hazard to life or limb to pedestrians or vehicular traffic.  C. When there is a difference in the ground level between two (2) adjoining lots, the height of any wall or fence constructed along any property line shall be determined by using the level lot line of the highest contiguous lot. D. Barbed Wire, Razor Wire, Electrified Fences, and Electrified Security Fences. 1. The use of barbed wire, razor wire, electrified fencing, or electrified security fencing is prohibited in the City except as authorized in subsections 2 and 3 herein, or unless otherwise required by any law enforcement agency or 2. The installation and use of barbed wire or razor wire fencing may be allowed int the M-1 (Light Industrial), M-2 (Heavy Industrial), and RCO (Resource, Conservation, Public Use, and Open Space) zones upon Administrative Approval, and may be allowed in any commercial zone district subject to the approval of a conditional use permit and any conditions imposed by the 3. Electrified security fencing meeting the definition in Civil Code section 835, and all other electrified fencing of any nature, is prohibited in the City.  regulation of the State of California or any agency thereof.  planning commission or city council.  SECTION 3. If any article, section, subsection, sentence, clause, or phrase of this ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions this Ordinance. The City Council hereby declares that itwould have passed this Ordinance, and each article, section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that one or more articles, sections, SECTION 4. The City Clerk is hereby directed to cause this ordinance or a summary thereof to be published in a newspaper of general circulation in accordance with the SECTION 5. The City Clerk is further directed to cause this ordinance to be codified  subsections, sentences, clauses, and phrases be declared invalid.  provisions of Government Code Section 36933.  after its adoption.  Page 2    SECTION 6: This ordinance shall take effect and be in full force thirty (30) days after its  final passage and adoption.  The foregoing ordinance was introduced at a regular meeting of the City Council  held on held on AYES: NOES: ABSENT: ABSTAIN:  2019, and was adopted at a regular meeting of said Council  2019, by the following vote, to wit:  David Cardenas, Mayor  ATTEST:  Dated:  Jeannie Davis, City Clerk  Page 3    ITEM  8G-1  RESOLUTION NO. 2439  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER FOR THE FRESNO COUNTY MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AND INCORPORATING ITI INTOTHE SAFETY ELEMENT OF THE COUNTY GENERAL PLAN; AND AUTHORIZING THE EMERGENCY SERVICES DIRECTORTO IMPLEMENT FUTURE UPDATES TO THE FRESNO COUNTY MULTI- JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN IN COMPLAINCE WITH  LOCAL, STATE OR FEDERAL CODES  WHEREAS, the City of Fowler recognizes the threat that natural hazards pose to people and property WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and WHEREAS, an adopted Multi-Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre-and post-disaster mitigation grant programs; and WHEREAS, The City ofl Fowler fully participated in the FEMA-prescribed mitigation planning WHEREAS, the California Office of Emergency Services and Federal Emergency Management Agency, Region IX officials have reviewed the Fresno County Multi-Hazard Mitigation Plan (and approved it()contingent upon this official adoption ofthe participating governing body; Now, therefore, be it resolved that the City Council oft the City of Fowler adopts the Fresno County Bei it resolved that the City of] Fowler adopts the Fresno County Multi-Hazard Mitigation Plan by reference into the safety element oftheir general plan in accordance with the requirements ofAB Bei iti further resolved City of] Fowler will submit this adoption resolution to the California Office of Emergency Services and FEMA Region IX officials to enable the plan's final approval in accordance with the requirements oft the Disaster Mitigation Act of2000 and to establish conformance with the The foregoing resolution was adopted at a regular meeting oft the City Council oft the City of Fowler  within our community; and  property from future hazard occurrences; and  process to prepare this multi-hazard mitigation plan; and  Multi-Hazard Mitigation Plan as an official plan; and  2140, and  requirements of AB2 2140.  held on the 20th of August, 2019, by the following vote to wit:  AYES: NOES: ABSTAIN: ABSENT:  David Cardenas, Mayor  Jeannie Davis, City Clerk    COUN  Board Agenda Item 33  FRES  DATE: TO: SUBMITTED BY: SUBJECT:  April 23, 2019 Board of Supervisors  Jean M. Rousseau, County Administrative Officer/ / Emergency Services Director Updated Fresno. County Mult-Junsdictional Local Hazard Mitigation Plan  David Pomaville, Director, Department of Public Health  RECOMMENDED ACTION(S):  1. Adopt Resolution for the Fresno County Multi-Jurisdictional. Local Hazard Mitigation Plan and incorporating iti into the Safety Element of the County General Plan; and, 2. Authorize the Emergency Services Director to implement future updates to the Fresno County MultiJurisdictional Local Hazard Mitigation Plani in compliance with local, State or Approval of recommended actions will update the County's Multi-Jurisdictional. Local Hazard Mitigation Plan (Plan) and add itt to the Safety Element oft the County General Plan. The second recommended action will allow the Emergency Services Director to implement future revisions, as necessary. The update will allow the County to remain eligible for State and Federal pre-disaster mitigation funding. This itemi is countywide. There is no viable alternative action. Thel Plani must be updated to allow the County to remain eligible for pre-disaster mitigation funding and enhanced California Disaster Assistance Act (CDAA) reimbursement. There is no Net County Cost associated with the recommended actions. Without an adopted Plan, ina disaster event, the County will not be eligible for possible additional CDAA funding, conditional CDAA1 funding would only provide minimal compensatory cost-share. Future funds allocated for pre-disaster mitigation  Federal codes.  ALTERNATIVE ACTION(S):  FISCAL IMPACT:  funding willl be presented to your Board for approval.  DISCUSSION:  The Federal Disaster Act of 2000, Assembly Bill 2140 (Chapter 739, Statutes of 2006), became effective in January 2007 and required local jurisdictions to adopt their current, Federal Emergency Management Agency (FEMA) approved local hazard mitigation plani into the Safety Element of their General Plan. This action allowed thej jurisdiction to be eligible for consideration of part or all of its local costs on eligible public assistance provided by State funding through CDAA. The Board adopted thei initial Plan on December 1, The updated Plan was prepared pursuant to the requirements of the Disaster Mitigation. Act of 2000, Public Law 106-390, sot thatt the County would be eligible for FEMA Hazard Mitigation. Assistance Grants, including  2009.  County ofF Fresno  Page1  File! Number: 19-0318    File Number: 19-0318 premiums.  Pre-Disaster Mitigation (PDM) and Hazard Mitigation Grant programs as well as lower flood insurance In October 2016, the County was awarded al FEMAI Pre-Disaster Mitigation grant toi fund the update oft the County's Plan. The County's Office of Emergency Services (OES) administered the grant and oversaw the development of the Plan, coordinated by a consultant, Wood, Inc. Various County departments, cities, and special districts participated in the development of the Plan. Both California OES and FEMAI have approved the completed updated Plan, contingent upon formal adoption by eachj jurisdiction's governing body, prior to Considerate planning identified over 100 stakeholders from cities, local districts, and other) jurisdictions within the County. Ally were encouraged to participate in the development oft the updated Plan. The Plan provided ai forum that allowed constituents to participate through a' Web survey and two communty-planning meetings. The Plant facilitated some jurisdictions to produce an annexation to the Plan, which provides a more detailed assessment of disaster impacts to their specific) jurisdictions. Along with community partners, various departments including Agriculture, Auditor-ControllerTreasurer-Tax Collector, Public Health, Public Works and Planning, Internal Services, and Sher#t-Coroner-Public Administrator's Office contributed to the Mitigation plans are the foundation for a community's long-term strategy to reduce disaster losses and break the cycle of disaster damage, reconstruction, and repeated damage. Mitigation is an investment in the community's future safety and sustainability. The critical importance of mitigation is to:  granting final official approval.  development of the Plan.  Protect public safety and prevent loss of life and injury; Reduce harm to existing and future development;  Prevent damage to a community's unique economic, cultural, and environmental assets; Minimize operational downtime and accelerate recovery of government and business after disasters; Reduce the costs of disaster response and recovery and the exposure to risk for first responders. Through the process, County staff and participating local jurisdictions identified disasters that have occurred orn might occur int the County. Utilizing thei information a list of mitigation projects were developed tor reduce With your Board's approval of the first recommended action, the updated Plan will serve as at tool to direct mitigation activities andr resources. A State and Federal mitigation plan preserves the County's eligibility for receipt of Federal PDM grants tot fund mitigation projects. The Plan will bei included (incorporated by reference) into the Safety Element oft the County General Plan. As part of the Plan, the County must review and revise the updated plan to reflect changes in development, progress in local mitigation efforts, and changes in priorities and resubmit it for approval five years to continue to be eligible for FEMA mitigation project grant funding. The second recommended action will allow the Emergency Services Director to  and  thei impacts of the most significant disasters that could impact the County.  update and modify the Plan. REFERENCE MATERIAL: BAI #53, May 24, 2016 BAI #19, December 1, 2009 ATTACHMENTS INCLUDED AND/OR ONFILE: Ont file with Clerk- Resolution Ont file with Clerk- Updated Plan CAO ANALYST: Sonia M. De La Rosa County ofFresno  Page 2  File! Number: 19-0318    1 2 3  BEFORE THE BOARD OF SUPERVISORS COUNTY OF FRESNO STATE OF CALIFORNIA  4 IN THE MATTER OF THE UPDATING THE COUNTY OF FRESNO MULTANURISDICTIONA 5 LOCAL HAZARD MITIGATIONPLAN  RESOLUTION NO. 19-157  6 7  WHEREAS, the Board of Supervisors oft the County of Fresno finds that the potential exists for a  8 major catastrophe due to an earthquake, flood, fire other natural or technological disaster, or terrorism, 9 and recognizes the threat that these hazards pose to people and property within the community; and 11 Federal government to ensure the most effective and economical allocation of resources for the  10  WHEREAS, the preservation ofl life and property is an inherent responsibility ofl local, State and  12 maximum benefit and protection of its population in time of emergency; and  13  WHEREAS, the Fresno County Multi-Jurisdictional Local Hazard Mitigation Plan (Plan) has  14 been developed to ensure proactive mitigation policies and actions that help reduce risk and create  15 safer resilient communities within Fresno County; and  16 18  WHEREAS, on December 1, 2009, the Board of Supervisors adopted the last Plan to comply WHEREAS, the Fresno County Plan identifies mitigation goals and actions to reduce or  17 with State and Federal Emergency Management Agency (FEMA) requirements; and  19 eliminate long-term risk to people and property in Fresno County from the impacts of future hazards  20 and disasters; and  21 23 25 and 26 II 27 I 28 I  WHEREAS, the County of Fresno has prepared a Plan, hereby known as Fresno County Plan in WHEREAS, local governments without a State and Federal approved Plan will not be eligible to  22 accordance with the Disaster Mitigation Act of 2000; and  24 receive future mitigation project funding awarded through the Pre-Disaster Mitigation grant programs;    1  WHEREAS, by planning, preparing and adopting al Plan, the County of Fresno is taking  2 proactive all-hazards planning approach to reduce and/or eliminate the impacts of hazards before they 3 occur, and incorporates and complies with the principles and requirements found in laws, regulations, 4 and guidelines of Federal, State codes and the Fresno County Ordinance Code; and  5 7 9 and 10  WHEREAS, the County has now updated the Plan and the updated Plan supersedes the 2009 WHEREAS, State and the FEMA have both reviewed andi independently approved the Fresno  6 Fresno County Plan or any prior plan; and  8 County Plan preliminarily, formal approval is pending adoption oft the Plan by the Board of Supervisors;  WHEREAS, the Plan has been updated to meet Federal and State requirements that Plani is  11 complete, and hereafter the plan will be updated by the Emergency Services Director as necessary to  12 meet changing conditions; and  13  WHEREAS, the Board of Supervisors gives its full support to the updated Plan and urges all  14 officials, employees, public and private organizations, and citizens, individually and collectively, to do  15 their share in furthering the total planning effort oft the County;  16  NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Fresno,  17 State of California hereby adopt and approve the updated Fresno County Plan to become effective  18 immediately. 19 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 I 28 II  BEIT FURTHER RESOLVED, that the adopted plan will be submitted to the State and FEMA.    1  THE FOREGOING, was passed and adopted by the following vote of the Board of  2 Supervisors of the County of Fresno this 23rd day of  April  2019,  3 to wit: 4 5 6 AYES: 7 NOES: ABSENT: None 8 ABSTAINED: None 9 10 11 12 13 ATTEST: 14 Bernice E. Seidel 15 Clerk oft the Board of Supervisors County of Fresno, State of California 17 By: Susan Bishop -  Supervisors Brandau, Magsig, Mendes, Pacheco, Quintero  None  2543 the County of Fresno  Nathan Magsig, Chairman of the Board of Supervisors of  16 18 19  Deputy  20 File ID. #19-0318 21 Agenda Item #33 Resolution: #19-157 22 23 24 25 26 27 28    ITEM 10A  A  6  E    88  SSks 085  888 8 8 d8 8888 d8 d0 00 888 888 88888 88888888 8 8888 8  000 o o 0000 o  000 000 00000 00000000 o 0000 o  aaaaaa  - f    88 888 8888888 8 88888888 888888 8 d0 d0 00 888 8 8 00 000 o o 0000 o 00000000 000000 o o o o 000 o o    8888 d8 8 d8 8888 8 8888888 d8 0 00 d0 d0 d8 do 00 0  0000 o o o 0000 o 0000000 o  o  5:  000  0o    M co00c0  HNmmae  8888888 88888888 8888888 88888 08 8888 8 8 d8 0 0000000 00000000 0000000 00000 o 0000 o o o o    888 2  888 8 8 888 888888 8888888 8 888 000 o o 000 000000 0000000 o 000  000  8000838e8 000000    a -  AGAASSN  888 8 888888 d8 d8 d0 d0 8 d0 d0 00 888888888 8 d0 d0 00  000 o 000000 o o  o  000000000 o  38888    LNE  00 oo  8888888 d8 d8 88 0000000 o o o    888 8 8 000 0        9  88888888888 8 8888 8 8 00000000000 o 0000 o o  00d08 0000000000 aaacaaa0  a 00U aaa  499    RB05 NO mh  8888 88888 888 8888 d8 8 de d0 0 0000 00000 000 0000 o 0  3ogoe 00UU aaaa    888  888 d0 00 3 889 S  00  N  8e 8888 88 88 888 8 00 888 8 8 00 888 8 8 88888 8 8 0 0000 o o o 000 o o 000 o o o 000 o o 00000 o o  088  0  1 Co 8    88 0f d0 8888 00  o o o        00    ITEM 10B  MINUTES OF THE FOWLER CITY COUNCIL MEETING  JULY: 16, 2019  Mayor Cardenas called the meeting to order at 7:00 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra  Councilmembers Absent: Rodriquez  City Staff Present:  City Manager/City Clerk Davis, City Attorney Lerner, Police Chief Alcaraz, Finance Director Uyeda, Public Works Supervisor/Fire Chief Lopez, Deputy City Planner O'Neal, Deputy City Clerk  Burrola  The Flag Salute and Pledge of Allegiance were followed by a moment of silence and reflection.  PUBLIC PRESENTATIONS  Susana Esparza de Pinal, Partnership Specialist with the U.S. Census Bureau provided information about the 2020 Census. She provided information on how the 2020 Census will be conducted. Most households will receive an invitation in the mail in March 2020 and every Murry McManus Fowler resident expressed his concerns about mosquitos and other insects. It was suggested he go to the Consolidated Mosquito Abatement District website where they have a PRESENTATION: PLAQUE TO CITY COUNCIL- FRESNO COUNTY RURAL  household will have the option to respond online, by mail, or by phone.  feature for service request for spraying.  TRANSIT AGENCY  Moses Stites, Operations Manager of Fresno County Rural Transit Agency (FCRTA) presented a plaque to City Council for their partnership with FCRTA. The recognition reflects the efforts the City of Fowler along with other cities that play a role in the transportation of residents of Fresno PUBLIC HEARING: TO CONSIDER AMENDMENT TO THE FOWLER ZONING ORDINANCE SECTION 9-5.21.09 - FENCE, WALLS, AND HEDGES CLARIFYING THE USE OF ELECTRIFIED SECURITY FENCING, BARBED WIRE, AND RAZOR  County.  WIRE FENCING  FIRST READING OF ORDINANCE NO. 2019-03  Deputy City Planner Jeff O'Neal said in April 2019 Electric Guard Dog, LLC submitted an application requesting that a variance be granted to the City's fencing standards to allow installation of electrified security fencing at the Pape Machinery Construction Facility located on San Antonio Drive. The applicant has initiated Zoning Text Amendment No. 19-01 requesting to amend Fowler Zoning Ordinance to allow electrified fencing within certain zone districts subject tol building permit approval. On June 6, 2019 the Planning Commission held aj public hearing and    made a recommendation, by a 3-2 vote, to amend the Fowler Zoning Ordinance allowing for the installation and use of barbed wire or razor wire fencing in the M-1 (Light Industrial), M-2 (Heavy Industrial), and RCO (Resource, Conservation, Public Use, and Open Space) zones upon administrative approval and in any commercial zone district, except the Form Base Code Area, subject to the approval of a conditional use permit. The Commission also included in their recommendation the allowance for the installation and use of electrified security fencing as defined by the Civil Code Section 835 to be allowed in all non-residential zone districts except the Form Based Code Area. Mr. O'Neal noted that at the Planning Commission meeting in June, staff presented both the ordinance proposed by the applicant, as well as an Ordinance with a text amendment alternative that would prohibit electrified fencing in the City entirely. Councilmember Parra asked if the options presented to the Commission were available to review. Mr. O'Neal said the Ordinance alternative toj prohibit the fencing was not included ini the agenda packet because that was not the recommendations oft the Planning Commission, however, Keith Kaneko representing Electric Guard Dog, LLC provided aj presentation on how the system operates. Mr. Kaneko said Electric Guard Dog is ai nationwide perimeter security company; they currently have 5,000 installations across the United States, ten percent which are in the state of California. Mr. Kaneko said Pape Machinery contacted the company because their existing security system is not working and this is what brought about the code amendment application process. Mr. Kaneko continued to provide information stating electric security fences are safe and does not lead to ventricular fibrillation due to the short 0.0003 second shock duration. The system has been tested and met the requirements of an appropriate consensus-based product  but it can be provided at the Council's request.  safety standard.  The Mayor opened the duly noticed public hearing on the matter at 7:57 p.m.  Gary Mukai, Fowler resident and Planning Commissioner for the City of Fowler spoke that the majority of the Planning Commission recommends approval. He expressed his concerns of denying this product to businesses in order to secure their businesses from being victimized. Patric Jones, Fowler resident expressed his concerns regarding safety. He provided a scenario on the possibly of someone coming in contact with the fence accidently, will the system be turned off remotely and who is liable. Mr. Kaneko said Electric Guard Dog owns and maintains the product; therefore they would be liable, in reference to the hypothetical the system would be grounded out. Steve Barela, Fowler resident and former correctional officer spoke against the product. Mr. Barela expressed that the product would give the appearance of a correctional Mike Higgins, General Manager for Pape Machinery in Fowler and also oversees the store in French Camp, CA. expressed his concerns on issues the business is experiencing on theft. He stated the company is self-insured and the items being stolen are not covered under any insurance. He said seven months ago they purchased this security system for the French Camp store and have had no problems with theft since the purchase. Mr. Higgins said they have tried  facility.  all types ofs security options to prevent burglary, nothing has worked.  There were no other comments from the public and the hearing closed at 8:28 p.m.    The Council discussed the ordinance recommended by the Planning Commission. Mayor Cardenas said that he is concerned about business theft and wants to look into further solutions, but it was also important to protect the image ofthe City and safety ofthe citizens. He said that he was not convinced that this is the only alternative to stop crime in certain areas. It was discussed that the aesthetics of the product may bring in an institutional or correctional facility appearance to commercial and business areas. Councilmember Kazarian said that the City is concerned about and wants to protect its businesses, and that there are other ways to look at doing SO, such as with having the Police Chief work with businesses on security assessments. Councilmember Parra stated that the product sends the wrong message, particularly to new Mayor Pro-Tem Hammer asked if the ordinance could be further modified. Mr. O'Neal explained that ifi new modifications are proposed that the Planning Commission did not consider at the June 6th hearing than it would have to be referred back to the Planning Commission to make a recommendation on the Council's] proposal. Councilmember Kazarian said that it would be too complicated to modify or narrow down the ordinance, and issues would endure because of subjectivity of future councils, administration, and SO on. Councilmember Parra stated that he Councilmember Kazarian made a motion, seconded by Councilmember Parra, to oppose the ordinance. Mr. O'Neal then stated that if the Council chooses to deny the ordinance, then it may be entirely possible that what Mayor Pro-Tem Hammer suggested will happen regardless, because staff would probably meet with the applicant outside of the confines of the hearing to possibly provide another solution and submit it for a future public hearing. Councilmember Kazarian stated that there was also an option to propose an amendment to prohibit electric fences. Mr. O'Neal stated that since the Planning Commission considered an ordinance to prohibit the electric fencing at their June 6th meeting, the Council could also consider such ordinance at this time. City Attorney Lerner reminded that a motion was already on the table to deny the ordinance, SO the Council would need to withdraw that motion and restate it. Councilmember Kazarian and Councilmember Parra withdrew their motions to deny ordinance Councilmember Kazarian said that he wished to introduce the ordinance containing the outright prohibition, as presented at the Planning Commission meeting, and made a motion to waive the first reading of Ordinance No. 2019-03, "An Ordinance of the City of Council of the City of Fowler Amending Section 9-5.21.09 of Article 21 of Chapter 5 of Title 9 of the Fowler Municipal Code Pertaining to Fences, Walls, and Hedges." Mr. O'Neal read the text of the ordinance with the prohibition: The Ordinance prohibits the use of barbed wire, razor wire, electrified fencing, or electrified security fencing, subject to the following exceptions: (1) the installation and use of barbed wire or razor wire. fencing may be allowed in the M-1 (Light Industrial), M-2 (Heavy Industrial), and RCO (Resource, Conservation, Public Use, and Open Space) zones upon administrative approval; and (2) the installation and use of barbed wire or razor wire fencing may be allowed in any commercial. zone district subject to the approval ofa conditional use permit and any conditions imposed by the Planning Commission or City Council. The Ordinance prohibits the installation and use of any and all electrified fencing and electrified security, fencing in the City. The motion was seconded by Councilmember Parra, and carried by  businesses wishing to come in to the City.  agreed with those concerns.  No. 2019-03.    aroll call vote: Ayes: Cardenas, Kazarian, Parra. Noes: Hammer. Abstain: None. Absent:  Rodriquez.  COMMUNICATIONS  City Manager Davis said the League of California Cities South San Joaquin Valley Division will be having a general membership meeting on Thursday, August 8, 2019 in the City of Tulare. The meetings topic will be SGMA and the Friant-Kern Canal Subsidence damage.  STAFF REPORTS  ACTION TO SELECT VOTING DELEGATE AND ALTERNATES)  City Manager Davis mentioned that the League of California Cities asks that cities select a voting delegate and alternates for their business meeting at the League's Annual Conference in Councilmember Parra made ai motion, seconded by Mayor Pro Tem Hammer to select Dan Parra as the voting delegate, Karnig Kazarian as the alternate. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent:  Long Beach, October 16-18,2019.  Rodriquez.  CITY MANAGER'S REPORT  City Manager Davis said a special budget meeting was tentatively scheduled for July 23, 2019 but due to an upcoming event, National Night Out, which falls on a regular scheduled meeting date on August 6, 2019, she asked if the Council would consider having a special meeting on July 30, 2019 in order for the Council and staff to attend the National Night Out event. The consensus oft the Council was to schedule the special meeting for July 30, 2019 at 6:00 p.m. She mentioned the pickle ball court dedication ceremony has been scheduled for Wednesday,  July 24, 2019 at 10:00 a.m. PUBLIC WORKS REPORT  Supervisor Lopez circulated the water production report for the month of May. He said the CCR pamphlets have arrived and have been mailed out with the water bill statements. He mentioned he currently has a crew working on cleaning out the ponding basins but due to the past rain the Supervisor Lopez said concrete walkways have been installed at Panzak Park around the park  basins are taking a while to drain. bench tables for ADA compliancy. FINANCE DIRECTOR'S REPORT  No report was given.    POLICE DEPARTMENT REPORT  Police Chief Alcaraz circulated the DOJ Part 1 Crime statistics for the month of. June 2019. He mentioned the National Night Out event will take place on Tuesday, August 6, 2019 at Panzak  Park.  FIRE DEPARTMENT REPORT  Fire ChiefLopez reported that the fire department was extremely busy on the 4t ofJuly. There were five vegetation fires due to illegal fireworks. He was able to issue citations to a few  individuals using illegal fireworks. CITY ATTORNEY'S REPORT  City Attorney Lerner expressed her gratitude for the opportunity to serve on the City ofl Fowler's Planning Commission. City Attorney Scott Cross will be attending future Council meetings.  CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants = July 16, 2019; B) Approve Minutes of the City Council Meeting - June 18, 2019; C) Approve Resolution No. 2435, "A Resolution of the City Council of the City of Fowler Concerning Local Transportation Purpose Councilmember Kazarian made a motion to approve the Consent Calendar, seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian,  Funds Extension (Measure "C" Extension)".  Parra. Noes: None. Abstain: None. Absent: Rodriquez.  COMMITTEE REPORTS  Mayor Cardenas met with the Mosquito Abatement District on Monday. It was reported that the population of mosquitos has grown since the past year. He shared a letter he received from Adventist Health / Valley Children's! Medical Center thanking the City for its support. Mayor Pro Tem Hammer said the Farmer's Market will begin July 31st from 5:00 p.m. to 9:00 Councilmember Kazarian attended the 4th of July celebration. He said that it's a great representation of Fowler and expressed that it's may be one of the best fireworks shows in the He attended the bi-monthly GSA meeting; there was a slight setback with the South Kings ground water sustainability agency contract that he was directed to approve from the last Councimember Parra expressed his gratitude for the City accommodating his teleconference  p.m. at Panzak Park.  valley.  meeting, there was last minute change in language by CID. during the last Council meeting on June 18, 2019.    CLOSED SESSION  The meeting adjourned to a closed session at 8:58 p.m. pursuant to Government Code Section 54956.9(d) (1) - Conference with Legal Counsel Existing Litigation: Name of Case: City of Fowler V. The Dow Chemical Co. et al. San Francisco Superior Court No. CGC-1 18-567967 The meeting reconvened to open session at 9:07 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Mayor Pro- Tem Hammer to adjourn. The motion carried and the meeting adjourned at 9:07 p.m.    MINUTES OF THE FOWLER CITY COUNCIL AND FOWLER PUBLIC FINANCE AUTHORITY  JOINT MEETING JULY 30, 2019  Mayor/Chairman Cardenas called the meeting to order at 6:00 p. m. Roll call was taken. CoumcimemberyDirgors Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez  City/Authority Staff Present:  City Manager/Executive Director Davis, Public Works Supervisor/Fire Chief Lopez, City Attorney Cross, Finance Director/Treasurer Uyeda, Police Officer Duron, City Planner Marple, Deputy City Clerk Burrola  The Flag Salute and Pledge of Allegiance were followed by the Invocation delivered by a moment  ofsilence and reflection. PUBLIC PRESENTATIONS  Joey Daggett Engineer for Bedrosian's 80-lot subdivision located at the corner of Adams and Armstrong Avenues said the plans are complete and the final map has been submitted to the City Engineer for review. He expressed that one of the conditions for the project is to dedicate 5 percent to open space (park) which equals to (4) - 15,000 square foot lots. He did some research and discovered that all of the newer subdivisions in the City do not have this condition placed as a requirement. He and the applicant, Brian Bedrosian, are requesting that this condition be waived as part of the project. Mayor Cardenas stated this would be a staff decision and suggested that he contact City staff regarding this project request and it could be brought back to the Council at a later time. City Manager Davis said it was discussed at a earlier staff meeting; they are looking Paul Bedrosian, Fowler resident requested to be placed on the next City Council agenda for the first annual car show presented by the Chamber of Commerce for September 7, 2019 at St.  into it and will get back to him with further information.  Gregory's' Church.  PRESENTATION- PUBLIC HEALTH ADVOCATES  Lourdes Perez, Program Manager with Pubic Health Advocates, provided an overview on the update and progress oft the Prop. 68 Statewide Parks Program application. Ms. Perez said Prop. 68 passed in 2018 allocating 4 billion dollars for park improvement and water infrastructure. Out of the four billion dollars 720 were allocated to support underserved communities. She mentioned that twelves cites throughout California are being supported and the City of Fowler is one of those twelve. In January 2019 community outreach workshops were conducted, community surveys were collected in person and online to gather information regarding interests, concerns, and how they could be addressed on park amenities and features. Danielle Claybon, Project Specialist, provided a presentation on the community outreach workshops conducted in the City and the benefits and engagement process involved. Information was gathered from the workshops and KDI prepared basic site plans from the communities' feedback. The site plans were taken to mobile pop-ups in the City, Public Health advocates held community events to gather input on the concept    plans. Ms. Perez summarized and explained the engagement results of the final features of the concept plan which were prioritized and voted on by the residents. The final concept plan will be submitted along with the application if the resolution is adopted by the Council. The grant scope for the entire project totaled to $6,425,000 which includes a 15% contingency. Ms. Perez said the CEQA compliance is currently pending; a placeholder will be submitted with the application packet indicating the City will comply with the CEQA analysis once the project is awarded which would begin in January 2020. The Resolution is authorizing the City to pursue the grant funding for Prop 68 and authorizing City Manager Davis as the representative for the City to sign the application. If awarded the City is committed for operation and maintenance of the project for thirty years. Mayor Cardenas asked where the City currently stands compared to the other eleven cities being supported on the project. Ms. Perez stated the application deadline is August 5, 2019 and all the other cities are ready to submit their applications. Ms. Perez expressed her gratitude for the opportunity to work with the City and being able to provide and support the community. The Mayor opened the discussion for public comments on the matter. Mayor Cardenas thanked Ms. Perez and the agency for providing information and support to the community on the park project. Councilmember Rodriquez made a motion to adopt Resolution No. 2436, "A Resolution of the City Council of the City of Fowler, County of Fresno Approving the Application for Statewide Park Development and Community Revitalization Program Grant Funds", seconded by Councilmember Parra. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer,  Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None. CONSIDERAPPROVE FISCAL YEAR 2019-2020 BUDGETS  Finance Director Uyeda provided an overview of the City's proposed general and water fund budget for fiscal year 2019-2020 and the budget for the Fowler Public Financing Authority. He said the City is still in the process of closing fiscal year 2018-19 and various adjustments are still to be recorded. There are actual expenses pertaining to 2018 in 2019 that will need to be pushed back to fiscal year 2017-18 as the audit nears completion. Mr. Uyeda said he is confident that the adjustments to the General Fund will end in a positive for both fiscal year 2018 and 2019. Fiscal year 2020's budget will be left at status quo, based on this review of last year's operating costs. He said he was approached by a couple of councilmembers about reinstating all the holidays along with a 2% COLA increase for full-time employees, which has been included in the budget. He mentioned Sally Tripp, USDA, inspected the fire station project and everything is looking good. There have been some concerns on having glass doors placed for the project, the City Engineer and the contractor are looking at other options to replace them, and this will save the City money. Councilmember Kazarian asked if the grant funding received for ground water GSP prep was included under other reimbursements, and how much is showing on what is received to date. Mr. Uyeda said it's covered under the general ground water fund. He said a grant was approved for the new GPS development and the City covered the costs. He asked Mr. Uyeda to look into the grants funded for this project along with other grant projects projected in the budget in order to reconcile the costs. He also had some concerns on the district tax funding covering transfer costs for the Police Department. Another general concern is the salary and benefits' year after year showing an increase of about 11 percent and the general fund is decreasing by 4 to 5 percent. Mr. Uyeda stated the City wants to keep their employees and the City's salary schedule is similar to other cities and most of the City's employees are at top salary step. Mayor Cardenas opened the discussion for public comments on the matter before considering adoption of the resolutions. There were no  comments from the public.    City of Fowler  Councilmember Parra made a motion to adopt Resolution No. 2437, "A Resolution of the City Council of the City of Fowler, County of Fresno, State of California, Adopting the City Annual Budget and Appropriating Revenue of the City of 2019-2020 Fiscal Year", seconded by Councilmember Rodriquez. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None. Councilmember Kazarian made ai motion to adopt Resolution No. 2438, "A Resolution of the City Council of Fowler, County of Fresno, State of California, Establishing the Appropriation Limit for Fiscal Year 2019-2020 Pursuant to Article XIIIB of California Constitution" seconded by Mayor Pro-Tem Hammer. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer,  Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  Fowler Public Financing Authority  Vice-Chair/Mayor Pro Tem Hammer made a motion to adopt Resolution No. PFA 2019-01, "A Resolution of the Fowler Public Financing Authority, County of Fresno, State of California, Adopting the Financing Authority Annual Budget and Appropriating Revenue of the Agency for the 2019-2020 Fiscal Year", seconded by Director/ Councilmember Rodriquez. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None.  Abstain: None. Absent: None.  DISCUSSION REGARDING HONORARY STREET NAMING  City Manager Davis said she was approached by Jessie Hudgins, representative of the Valley Children'S/Adventist Health Clinic, with a request to place the honorary street name of Leon S. Peters Boulevard on 10th Street, south of Merced Street. This is due to Leon Peters having a strong connection to the Fowler community and his foundation has provided significant investment to the newly built clinic. Ms. Davis said she wanted to bring the subject ofhonorary street naming to the Council for discussion in the event the Council may want to grant the request, since there will likely be a number of similar requests with Fowler having a history of many beloved individuals who have contributed to the community over the years. She recommended that a policy and Ms. Davis said that honorary street name signs are posted above standard city street name signs, and are intended to recognize and honor certain individuals or groups without changing the official name of the street or the addresses of residences and businesses on the street. Staff researched the topic and received information and policies from other cities. She noted that developing a policy would require a deliberative process, as there are numerous factors and variables that would need to be considered. Some of them include: Who would initiate and have input on the process; which streets would be eligible; would only the name of an individual be considered, or would community groups, organizations, and businesses be included. Would a certain percentage of property owners need to be in favor; would it be allowed for living individuals or limited to a posthumous honor. Would it be based on a certain length of community service, or a certain level ofr monetary donations to the community or to as specific project, and SO +  process for honorary street naming be developed.  forth.    Councimember Rodriquez expressed his opposition on the idea, saying it would complicate and create issues due to the possibility of many requests to honor an individual. Councilmember Kazarian expressed that it would be a good opportunity to honor and recognize certain individuals in the community, but to limit the number of honorary street names allowed per year according to policy restrictions. It would also be an opportunity to increase the aesthetic charm of the community. Councilmember Parra said that it would create difficulties in determining who would be eligible for the honor, especially when weighing in with the citizens who live on those streets, and other criteria. Mayor Cardenas said that the idea brought back the time when many similar considerations for the Veterans Monument project had to be decided, and how difficult it was. The consensus of the council was not to move forward with honorary street naming and to table the  discussion. ADJOURNMENT  Having no further business, Councilmember/Director Rodriquez made a motion, seconded by Vice- Chair/Mayor Pro Tem Hammer to adjourn. The motion carried and the meeting adjourned at  7:47 p.m.    ITEM 10C  1908  "The Blossom Trail City"  FRESNOCOUNTY AUDITOR-CONTROLLER/TAX COLLECTOR AUTHORITYTO APPROVE: PECIALASSESSMENTE CHANGES  The following persons are authorized to add, change, or delete any special assessments that are placed on  thel Fresno County Tax Roll. NAME Jeannie Davis Randy Uyeda Adina McCargo Christine Drazil  TITLE City Manager/City Clerk Finance Director Financial Analyst, NBS Financial Analyst, NBS  NOW, THEREFORE, MAY IT FURTHER BE RESOLVED, that the Fowler City Council adopted the  foregoing at an official meeting held on Tuesday, August 20, 2019.  AYES: NOES: ABSTAIN: ABSENT: CERTIFIED  By:  David Cardenas, Mayor  128 South Fifh Street * Fowler, CAS 93625 * Voice: 559-834-3113+ Fax: 559-834-0185