1908 AGENDA JUNE 4, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  FOWLER CITY COUNCIL MEETING  Inc compliance with the Americans with Disabilities Act, if you need special assistance to access the Council Chambers or to otherwise participate at this meeting, including auxiliary aids or services, please contact City Clerk Jeannie Davis at (559) 834-3113 ext. 302. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on  meeting. The City of Fowler is an equal opportunity provider and employer.  the City's website aty www.fowlercitvy.org. Meeting called to order  1. 2. 3. 4. 5.  Flag Salute and Pledge of Allegiance  Invocation Roll call  Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.) With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.  6.  Public Hearing  A) To Consider Adoption of Resolution No. 2433,"A Resolution of the City Council of the City of Fowler California Confirming Diagram and Assessment Annual Levy 2018-2019 Landscaping and Storm Drainage Facilities  Maintenance - District No. 1"    7. 8.  Communications Staff Reports  A) City Engineer's Report  Discussion/Dlrection to Staff Regarding Request by Maxco, Inc. to Modify Conditions of Approval for Site Plan Review (SPR).14-05  B) City Manager's Report C) Public Works Report D) Finance Department Report E) Police Department Report F) Fire Department Report City Attorney's Report  9.  10. Consent Calendar Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. If a Councilmember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councimember objects to an item, then it should be removed and acted upon asa  separate item. A)  Ratification of Warrants = June 4, 2019  B) Approve Minutes of the City Council Special Meeting and the City Council Committee Reports (No action except where a specific report is on the agenda)  Meeting - May 21, 2019  11.  Mayor Cardenas Mayor Pro-Tem Hammer Councimember Kazarian Councimember Parra Councimember Rodriquez  12. Closed Session:  Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 130 S. 6th Street. Agency Negotiators: City Manager. Negotiating Party: United Health Centers. Under  Negotiation: Price, terms.  13. Adjournment  2    Next Ordinance No. 2019-03  Next Resolution No. 2434  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, May 31, 2019.  Corina Burrola Deputy City Clerk  Coataide  3    ITEM  6A  STAFF REPORT  TO: FROM:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER MAINTENANCE DISTRICTNO.1 JEANNIE DAVIS, CITY MANAGER  SUBJECT: LANDSCAPING AND STORM DRAINAGE FACILITIES  DATE: CC:  MAY29,2019  RECOMMENDATION:  Staff recommends that the City Council adopt Resolution No. 2433 setting the assessments, and instructs the City Engineer to transmit assessments to the Assessor's office for fiscal  year 2019-2020. DISCUSSION:  The City provides for the operations and maintenance of landscaping and storm drainage facilities within various improved developments throughout the City of Fowler. The District, which was formed pursuant to the Landscaping and Lighting Act of 1972, provides for assessing parcels within these developed areas to fund these maintenance and operations activities. The District must be renewed annually through a series of City Council On May 21, 2019 the City Council passed a Resolution of Intent, approved the Engineer's report for the District, set the public hearing for June 4, 2019, and authorized proceedings for the annual levy and collection of assessments. Staff recommends that the City Council adopt a resolution setting the assessments and instructs the City Engineer to transmit the assessments to the Assessor's office assessments for fiscal year 2019-2020.  resolutions, culminating with a public hearing.    WHEN RECORDED MAILTO: ADDRESS: 128 S. Fifth Street  NAME: CITY: STATE: ZIP:  City of Fowler Fowler California 93625  RESOLUTION NO. 2433  ARESOLUTION OF THE CITY COUNCIL CITY OF FOWLER, CALIFORNIA CONFIRMING DIAGRAM AND ASSESSMENT ANNUAL LEVY - 2018/19 LANDSCAPING AND STORM DRAINAGE FACILITIES MAINTENANCE DISTRICT NO.1  OFTHE  WHEREAS, on March 12, 1985, pursuant to. Part 2 of Division 15 of the Streets and Highways Code, thel Landscaping and Lighting. Act of 1972, the City Council of the City of Fowler did adopt its Resolution Initiating Proceedings for formation oft the Landscaping and Storm Drainage Facilities Maintenance District No. lofthe City of Fowler (herein' "L&SDMD  No. 1"); and  WHEREAS, the Council did thereafter declare itsi intention to: form and did form the said L&SDMD: No. land did levy and collect the first assessment and subsequent annual assessments for the maintenance and operation oft the landscaping facilities ins said L&SDMD No. 1; and did  further direct the City Engineer to prepare and filear report; and,  WHEREAS, the said report has been prepared and filed with the City Clerk and is entitled the "Engineer's Report ofthe City of Fowlerl Landscaping and Storm Drainage Facilities Assessment District No. 1,2019/20", a copy ofv which is attached hereto; and  WHEREAS, all of the property owners within the territory OfL&SDMD No. 1 have consented to the formation of the said District and to the levy of assessments for tax year 2019/20 as  shown on the attached exhibit.  NOW,THEREFORE,TI IS RESOLVED AND ORDERED, as follows:  1. The Council hereby determines that the territory within the L&SDMD No. 1, whose boundaries are set forth in the Engineer's Report oft the City of Fowler L&SDMD No. 1 dated May 2019, and on file with the City Clerk will be the territory benefited by the maintenance and servicing oft the  improvements described in said Engineer's Report.  2. The hearing on said annual levy of assessment was held in accordance with law.  3. The Engineer's Report, the diagram for the assessment district, and the assessment of the estimated costs of the improvements contained therein and each and every part of said Report, is    adopted, confirmed, and approved; the assessment of the total amount of the costs and the individual assessments thereof upon the several subdivisions ofl land in said L&SDMD No. 1in proportion to the benefits to be received by said subdivisions, respectively, from said improvements, and oft the expenses incidental thereto, be and the same hereby is finally approved 4. The Council hereby orders the levy of the assessments described in said Resolution of Intention 5. The assessment diagram showing the assessment district referred to in said Resolution of Intention and also the subdivisions of land within the District, as contained in said Engineer's Report, be and it is hereby, finally approved and confirmed as the diagram oft the properties to be 6. The City Clerk shall file the diagram and assessment, as confirmed, or a certified copy thereof, The foregoing resolution was regularly introduced and adopted by the City Council of the City ofFowler at a regular meeting held on the 4th day of June, 2019, at the City Hall in the City of Fowler, by the  and confirmed as the assessment toj pay the costs.  and thel Engineer's Report.  assessed toj pay the costs oft the improvements. with the Auditor of the County of Fresno.  following vote: AYES: NOES: ABSTAIN: ABSENT:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk    ITEM  8A  STAFF REPORT  TO: FROM:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: DISCUSS AND PROVIDE DIRECTIONTO STAFF  REGARDING REQUEST BY MAXCO, INC.TO MODIFY CONDITIONS OF APPROVAL FOR SPR 14-05 JEANNIE DAVIS, CITY MANAGER  DATE: CC:  5/31/2019  EQUESIEDACTON  Discuss Maxco's request to modify the Conditions of Approval for the subject project, and provide direction to staff as to whether Or not to pursue alternative projects or funding for the required improvements. Council alternatives are as 1. Direct staff to review alternative projects or funding for the improvements, 2. Reject the request to modify Condition of Approval No. 37 related to frontage  follows:  and report On any alternatives at a future Council meeting.  improvements along Manning Avenue.  DISCUSSION  On August 3, 2017, the Fowler Planning Commission approved Site Plan Review 14- 05 filed by Maxco Packaging for development of a box manufacturing plant at the corner of Golden State Boulevard and Manning Avenue. The project was approved with certain Conditions of Approval (attached). Condition No. 37 states Applicant shall construct frontage improvements along Manning Avenue (including, but mot limited to, curb, gutter; sidewalk, landscaping, and street lighting) in accordance with Cily standards. This condition of approval specifically requires the construction of sidewalk over the railroad tracks to abut to the curb ramp at the northeast COrner of the Golden State Boulevard and Manning Avenue intersection. The condition also requires construction of sidewalk, and street lights along the section of Manning Avenue abutting the Carsey property to the east because the Carsey property is included in    the Site Plan and the primary access is provided via this property. The project "frontage" does not necessarily need to be entirely owned by the Applicant, thus the On August 29, 2017, the City Council approved Site Plan Review 14-05 maintaining the Conditions of Approval approved by the Planning Commission without The City Municipal Code allows for the appeal of conditions of approval as follows:  applicability of the condition.  modification.  9-5.418 Appeals  A. Any person aggrieved by a fnal decision of the Commission may appeal the decision in writing to the Council within ten (10). days of the date tbe decision isj final. B. The written qppeal shall contain specific reasons for the qppeal, including areas in that it is believed the Commission erred in its judgment or did not follow procedures as outlined in tbis Prior to May 2019, no formal correspondence was received from the applicant regarding Condition of Approval No. 37. On May 7,2019 the City received an email from Mr. Chris Brown, Esq. with Dowling Aaron Incorporated stating the Applicant believes the conditions would not apply to the sidewalk installation across the railroad tracks nor would they apply to the portion of the project that provides frontage across the Carsey property to the east. Furthermore, Mr. Brown requested 1. Maxco will not be required as a condition to development to construct Or fund the pedestrian railroad track crossing at the northeast corner of Manning Avenue and Golden State Boulevard. The City will endeavor to construct the improvements as part of the Golden State Corridor Improvement Project. 2. Maxco will be responsible for installing the sidewalk along its southern frontage including the adjacent Carsey property to the new signaled intersection On Manning Avenue. Maxco may construct the improvements prior to opening the new facility Or defer the improvements by providing the City with a performance bond equaling the cost of construction of the improvements, provided that the improvements occur no later than concurrent with the above referenced railroad track crossing improvements. 3. Maxco will put in the four crosswalks at the new signal light intersection at Manning Avenue along with the ADA pedestrian signals, crosswalk striping and paving modifications and installations of related curb returns and ADA  chapter.  that Condition No. 37 be modified as follows:  2    ramps. (This item has not been disputed but has been included to clarify the  revised condition ofapproval.)  The estimated cost of the sidewalk improvements across the railroad track is approximately $250,000. Staff has spoken to Fresno COG regarding the potential for including the sidewalk crossing over the railroad tracks as part of the Golden State Corridor project (GSCP). The improvements may be included in the GSCP; however, no additional funding will be allocated to Fowler's portion of the project for these improvements. The City currently has an approximate surplus in the GSCP project that could be allocated towards the railroad track sidewalk improvements. Additionally, the City has spoken with the California Public Utilities Commission regarding the likelihood of obtaining a Section 130 railroad crossing upgrade grant and received a favorable response related to possible future funding, but no timetable Staff believes Condition 37 sufficiently places the burden of the sidewalk over the railroad crossing and frontage improvements along the Carsey property On the Applicant. Moreover, the time for any objections to Or appeal of the project conditions has long since expired. Additionally, Staff has had numerous discussions related to the sidewalk improvements over the railroad tracks and understood from communications received from the Applicant's engineer that these improvements were previously being coordinated with Union Pacific Railroad and a permit for such work was being pursued. Nevertheless, Staff has made some initial inquiries regarding potential alternatives for these improvements. However, Staff seeks direction from the City Council as to whether to further pursue alternative projects Or funding for these mprovements, and whether the Council desires a report from Staff and discussion at a future Council meeting on any potential alternatives before the Council considers modifying the improvements required by Condition No. 37.  on such potential funding was given.    CONDITIONS OF APPROVAL  SITE PLAN REVIEW NO. 14-05 (Maxco Packaging - Manning Avenue and Golden State Boulevard)  General Conditions  1. 2. 3. 4. 5.  The site is located ini the M-2zoning district and standards oft this district shall apply. The: site plan shall be revised as appropriate to reflect all approved conditions and requirements of the City Engineer and submitted for approval prior to the issuance of building permits. All contractors or sub-contractors working in the City of Fowler must obtain al business license All development fees shall be paid prior to the issuance of a building permit as set forth in the Fowler City Code. The amount of such fees shall be calculated by the Building Official during Plan check and inspection fees will be calculated during the building plan check process, and 6. Any free standing or occupancy signs shall be approved by the Building Official by means of a separate sign review process in accordance with the Article 22 - Signs, of the Fowler Zoning During construction, the applicant shallr maintain a program of dust control and shall continually maintain the existing pavement keeping it clear of dirt and mud until the project is accepted by The applicant shall replace any broken, damaged, or substandard curb, gutter, and sidewalks, The applicant shall keep the exterior premises free from trash and debris. Graffiti shall be removed or covered within 48 hours of its discovery by the owner/operator, manager, or any employee. This condition shall also apply to any areas adjacent to the business under the 10. The applicant shall enforce all state and local laws pertaining to the prohibition of smoking in 11. The facility shall be fully accessible to the disabled in accordance with Federal, State, and local 12. Preliminary building elevations shall be submitted to and approved by the Building Official. Building improvement drawings and samples of building materials shall be submitted to the 13. All outdoor lighting shall be hooded and arranged in such a manner as to not create glare onto 14. The applicant shall obtain a Cross-Access Agreement for the proposed driveway entrance that will cut across the property located to the east (APN: 345-180-22) of the proposed site. The  from the Finance Department at Fowler City Hall.  the building plan check process  the fees shall be due to prior to thei issuance of building permits.  Ordinance. the City.  7. 8. 9.  as directed by the City Engineer.  control oft the owner.  public places and shall ensure that all employees enforce the ban.  laws.  Building Official for approval prior to thei issuance of building permits. adjacent streets or properties. Such lighting shall be maintained. Agreement is required prior to issuance of building permits.  Fowler City Council  SPRI No.14-05  August 29, 2017  Page 1    15. The project shall provide all signage and stop signs as required by the City.  16. No uses ofl land, building, or structures other than those specifically approved pursuant to this site plan shall be permitted. Any additional usesproposed shall require site plan approval prior to any subsequent use. Unused areas of the site shall be maintained free of weeds, blowing dust, and other nuisances. Any requirement of the City to maintain the site in such condition 17. All materials shall be stored within a completely enclosed building, unless approved by the 18. A copy of these conditions must be kept at the business and be shown to any requesting City official. Failure to comply with all conditions of approval shall be grounds for the imposition of  shall be immediately complied with.  Building Official.  penalties, modification of the permit, or revocation of the permit.  Biological  19. A preconstruction survey will be conducted by a qualified biologist within 30 days prior to the start of Project activities. The survey will be limited to the Project site, and will entail walking transects suitably spaced to ensure full visual coverage of the survey area. If any potential impacts are determined, the City of Fowler shall initiate consultation with the California Department of Fish and Wildlife to develop and implement site-specific measures. Mitigation Monitoring and Reporting for each phase shall be conducted by qualified professionals and their results shall be submitted to the City of Fowler and, if needed, the California Department of Fish and Wildlife. The Project mitigation will be the responsibility of the Applicant and will  be monitored by the City of Fowler.  Property Development Standards Screening and Landscaping  20. The project shall comply with City of Fowler Zoning Code Section 951506.Allandxapng: shall be as depicted on the Site Plan and Director and City Engineer approved landscape plan.  Performance Standards and Nuisance Activities  21. The project shall comply with the conditions of City of Fowler Zoning Code Sections 9-5.1417  and 9-5.1507 designed to prevent nuisances from occurring on the site.  Noise and Vibration  22. The project shall comply with the City's applicable noise ordinances, as set forth in Title 5, Chapter 19, of the Municipal Code and in accordance with the Fowler Zoning Code Section 9-  5.1417A, B,I.  Fowler City Council  SPRNO.14-05  August 29, 2017  Page 2    Setbacks  23. The project shall meet the setbackrequirements: set forthi in City of Fowler Zoning Code Section 24. The Site Plan depicts compliance with the set back requirements, which require a minimum 10  9-5.1511.  foot front yard setback. The setback is over 100 feet.  Parking  25. The project shall satisfy the off street parking and loading requirements set forth in the Fowler Zoning Code, Title 9, Article 20, and as otherwise required by the City Engineer. 107 parking stalls are required. Site Plan depicts 168 parking stalls, meeting this requirement. 3b bicycle and motorcycle parking spaces are required. Revise Site Plan to depict these parking spaces.  5off-street loading facilities are required. Revise Site Plan to depict these facilities.  Plans for fences, barriers, lighting, and landscaping shall be as depicted on the Site Plan and Director  and City Engineer approved landscape plan.  Signs  26. All signs shall conform to Fowler Zoning Code, Title 9, Article 22. Selma-ingsburg.fowler Sanitation District Conditions See attached letter, dated July 3, 2017  27. Construct an individual sewer service lateral tie-in to the proposed project. The sewer service lateral may connect to the 24-inch interceptor sewer in Golden State Boulevard designated as option two in the written request. The minimum size for the sewer service shall be eight (8)  inches. Caltrans Conditions  See attached letter, dated. July 19, 2017  28. The proposed total equitable cost calculated by Caltrans has identified future improvements needs from previous traffic impact studies to State facilities. The total equitable cost is $124,061. This total includes improvements tot the SR99/Manning overcrossing widening and north and southbound off-ramp signalization (see attached letter, dated July 19, 2017). 29. The applicant will need to enter into a Traffic Mitigation Agreement with Caltrans.  Fowler City Council  SPRNo.: 14-05  August 29, 2017  Page 3    Engineering Conditions General:  All proposals of the applicant shall be conditions of approval, except as further modified below, and 30. The applicant shall pay all fees as required by existing ordinances and schedules. The fees to 31. Applicant shall provide on-site lighting. An on-site lighting plan shall be submitted to the City Engineer for review and approval. On-site lighting shall be hooded to prevent off-site glare. 32. Fire Department Access shall meet the requirements set forth in Appendix III-D of the 33. Applicant shall construct a concrete masonry trash enclosure(s) with screened gate. The trash enclosure plan shall be according to City Improvement Standards and reviewed and approved by the Building Official. The enclosure shall be of sufficient size to accommodate containers 34. Exterior fencing shall be masonry block wall or metal/iron fencing as approved by the City 35. Two points of access shall be developed for ingress/egress into the project site. 36. All water wells(s) and septic systems that served the parcel shall be abandoned pursuant to  subjectto modifications to conform to applicable City Standards. be paid shall be those in effect at the time of payment.  California Fire Code.  for refuse, green waste, and recycling.  Engineer.  City, County, and State standards.  Circulation:  37. Applicant shall construct frontage improvements along Manning Avenue (including, but not limited to, curb, gutter, sidewalk, landscaping, and street lighting) in accordance with City 38. Applicant shall pay a fair share towards mitigating significant impacts to the pavement structural section between Golden State Boulevard and State Route 99. 39. Developer shall construct at traffic signal at the entrance to the project on Manning Avenue. 40. Developer shall develop geometrics oft the entrance road to accommodate large semi-tractor 41. Developer shall construct or pay a fair share contribution to mitigate traffic impacts as 42. Applicant shall pay toi the Fresno Council of Governments the Regional Traffic Mitigation Fee. 43. Ag grading and site improvement plan shall be submitted to the building official for review and approval by the City Engineer. The applicant shall obtain a permit for all on-site grading and 44. A project specific geotechnical report shall be prepared and submitted for review by the City 45. Drainage shall be retained in an on-site drainage basin located on the project site. Applicant shall submit storm drainage calculations to identify storm drainage flows and hydraulic grade  standards.  trailer trucks.  identified by the project Traffic Study and the City Engineer.  Grading and Drainage:  site improvement work. Engineer.  Fowler City Council  SPRNo.1 14-05  August 29,2017  Page 4    lines of proposed storm drainage facilities. The applicant will be responsible for any storm drainage system facilities necessary for conveyance oft the drainage to the drainage basin. 46. Permanent surfacing shall be provided for all on-site roads and parking facilities consisting of an asphalt concrete surfacing and valley gutter for drainage, with minimum surfacing section toi include 2.5" of asphalt concrete over 5" of aggregate base per City Standards. Valley 47. The applicant shall obtain an NPDES permit from the Regional Water Quality Control Board. The plan shall provide for the mitigation of soil erosion from the project site during the construction and warranty periods and be submitted to the City prior tot the start of  gutters shall be a minimum width of 3' per City Standards.  construction. Landscaping:  48. Applicant shall submit an on-site and off-site landscape and irrigation plan for review and 49. Landscaping shall be developed throughout the project. A landscaping and irrigation plan be prepared and: submitted for review by the City Engineer for proposed on-site and off-site (within the City right-of-way) landscaping. Landscape and irrigation shall be low water consumption designs consistent with AB 1881 and City of Fowler ordinances.  approval by the City Engineer.  Parking Lot:  50. Parking lot shall comply with provision outlined in the City of Fowler Parking Manual. 51. Improvement shalli include handicap parking stalls and an ADA accessible sidewalk providing  Standard parking stalls shall be 9'x 20 feet.  access to the front door oft the buildings the parking lot is serving. 52. Parking lot shall be shaded to a! 50% coverage upon maturity of trees. 53. Parking lot shall be lit to a foot-candle coverage between 0.5 and 1.5.  Water:  54. Applicant shall install a minimum 8-inch waterline into the project site for domestic,  landscaping and fire protection. System shall be looped through the site and reconnected to the City main to create al looped as determined necessary by the Public Works Director after 55. Each parcel shall be provided with separate domestic, fire and landscape water service off the 56. Applicant shall provide and install water meters and appropriate backflow devices as required 57. On-site fire hydrants shall be provided at locations approved by the Fire Chief. Hydrants shall generally be located so that the spacing of hydrants does not exceed 300' and meets compliance with the Uniform Fire Code. On-site water main supplying the fire hydrants shall  initial review oft the water main layout. 8-inch line as approved by the City Engineer. by City ordinances and standards.  be a minimum of 8" diameter.  Sewer:  58. Applicant shall submit a plan for sewer service for review and approval by the City Engineer 59. Sewer service be provided to each parcel (6" minimum service) and appropriate fees be paid.  and Selmakingsburg.fowler County Sanitation District (SKF).  Fowler City Council  SPRNO.14-05  August 29, 2017  Page 5    60. Applicant shall pay applicable sewer connection fees to SKF based upon the rates in effect at  the time of payment.  Utilities:  61. All existing overhead utilities adjacent to the development shall be undergrounded, including 62. All electric, cable TV, telephone, internet, etc. services shall be provided to the development 63. Developer shall provide a street light plan for review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. Streetlights within the City right of way shall be provided by the developer and maintained by PGE pursuant to rate schedule LS2C. On-site lights shall be maintained by the Association. 64. Developer shall work with PG&E for the preparation of a utility plan, subject to the review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. All work shall be completed such that no street surface need be  transformers.  shall be undergrounded (including transformers).  reopened for service.  Irrigation:  65. Any private irrigation facilities, private and those maintained by CID, shall be relocated outside of the street right of way, except at street crossings. Any irrigation lines that must remain in service shall be reconstructed with rubber gasket reinforced concrete pipe.  66. All abandoned irrigation lines serving the property shall be removed.  Fire Department Conditions:  67. On-site fire hydrants are required every 300-500-feet.  68. A dedicated fire lane is required for access to the buildings. All fire hydrants shall be located 70. Fire Department riser stand pipes are required throughout the building. The riser stand pipes  on this dedicated fire lane.  69. Fire Department connections shall be in plain view to nearest hydrant. 71. Fire alarms are required. These alarms shall be monitored at all times.  shall be a minimum of 21 % inches in width. 72. All hazardous materials shall be signed.  Other:  73. Approval of this Project is for the benefit of the Applicant. The submittal of applications by Applicant for this Project was a voluntary act on the part oft the Applicant not required by the City. Therefore, as a condition of approval of this Project, the Applicant agrees to defend, indemnify and hold harmless the City of Clovis 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, including any challenges to associated environmental review, and for any and all costs, attorneys fees, and damages arising therefrom (collectively "Claim").  Fowler City Council  SPRI No. 14-05  August 29,2017  Page 6    The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. Ifthe City fails to promptly notify the Applicant of any Claim ori ift the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to defend,  indemnify, or hold harmless the City.  Nothing in this condition shall obligate the City to defend any Claim and the City shall not be 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 if the City does decide toi independently defend a Claim, the Applicant shall be responsible for City's C attorneys' fees, expenses of litigation and costs for that independent defense, including the costs of preparing: any required administrative record. Should the City decide toi independently defend any Claim, the Applicant shall not be required to pay or perform any settlement arising from any such Claim  unless the Applicant approves the settlement.  Signature of Applicant: Dated:  Fowler City Council  SPRI No.: 14-05  August 29, 2017  Page 7    ITEM 10A  6 6 6    00  888  888 888 8 o 888888883  o  000000000    500  0000 ARARS  8888 8888 88888 88888 8 888 8 8888888 8 888 8 88888 000 0000 00000 00000 o 000 o 0000000 o 000 o 00000  soeo 000 aaaa  69 099o 0ggo r s 99 8900 8600 mmo 5006 665  Pmme 6665    o 888 88888888 88888 8 8 000 00000000 00000 o o  8888888        888 8 8 000 o o  o    8o 0  8888 8 8888888888 888 8 - 888 8 0000 o o o o o o 0000 000 o o 0o o  888  &   69 99 99e 80 366 66        ITEM 10B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING MAY21, 2019  Mayor Cardenas called the meeting to order at 5:00 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Rodriquez Councilmembers Absent: Kazarian, Parra  City Staff Present:  City Manager/City Clerk Davis, Public Works Supervisor/Fire Chief Lopez, City Attorney Wolfe, Police Chief Alcaraz, Deputy City  Clerk Burrola  PUBLIC PRESENTATIONS There were no public presentations.  PRESENTATION/DISCUSSION ON PROPOSITION 68 STATE PARK GRANT APPLICATION: LOURDES PEREZ AND KANAT TIBET OF PUBLIC HEALTH Kanat Tibet and Lourdes Perez representative of the Public Health Advocates gave a presentation on the Proposition 68 State Park Grant Program. Public Health Advocates is partnered with Kountuey Design Institute (KDI). Public Health Advocates are a nonprofit organization that promotes health equity by helping cities, counties, and states nurture health and wellbeing for everyone. KDI is a nonprofit design and community development organization who partners with under-resourced communities to advance equity and activate the unrealized potential in neighborhoods and cities. Mr. Tibet explained the Prop. 68 Statewide Park Program will award more than $250 million to municipalities to create, renovate, or expand to parks in the underserved communities across California. Public Health Advocates has been working with the City of Fowler with the park grant application, which has including holding a series of community workshops. Participants discussed the physical and financial constraints which shape the park and set the limits for the design. Ms. Perez spoke about the priorities of designing the park. She stated that it is a requirement for the funding source that the community engage by providing their input on the design of the park. Community residents have to provide input and that input has to come to the final design of the proposal in order to apply for these funds. If the community input is not taken into consideration the City is ineligible to apply for the funding. During the workshops participants brainstormed around the strengths and challenges of the community, they discussed the physical and financial constraints which shape the park and set the limits for the design. Participants prioritized park amenities which fit their budget and guidelines. Three preliminary concept plans were provided from the previous workshops and participants placed the recreational features into desired locations with the park. Tonight's meeting was to have the Council, Fowler Unified School District officials and City staff participate in reviewing and possibly adding additional features to  ADVOCATES  the park. AJOURNMENT  Having no further business, Councilmember Hammer made a motion, seconded by Councimember Rodriquez to adjourn. The motion carried and the meeting adjourned at 6:41 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  MAY21,2019  Mayor Cardenas called the meeting to order at 7:01 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Rodriquez  Councilmembers Absent: Parra City Staff Present:  City Manager/City Clerk Davis, City Attorney Wolfe, Police Chief Alcaraz, Public Works Supervisor/Fire Chief Lopez, City Clerk  Burrola  The Flag Salute and Pledge of Allegiance were followed by the Invocation delivered by Mayor  Cardenas.  PUBLIC PRESENTATIONS  Steve Barile, Fowler resident expressed his gratitude to Public Works Employee Jonathan Martin  for his hard work and dedication to the community.  COMMUNICATIONS  City Manager Davis said the Fresno County Fruit Trail Opening Ceremony will be this Thursday, May 23,2019, 10:00 a.m. at the Kings River Winery in Sanger. The Valley Children's Ribbon Cutting Ceremony, invitation only, will be Thursday, May 30, 2019 from 10:00 a.m. =  12:00 p.m.; the Mayor will be the Master of Ceremonies for the event.  STAFF REPORT  SECOND READING OF ORDINANCE NO. 2019-02  City Manager Davis said this ordinance was introduced at the May 7th 2019 Council meeting to Councilmember Rodriquez made aj motion to waive the second reading and approve Ordinance No. 2019-02, "An Ordinance of the City Council oft the City of Fowler Amending the Official Zoning Map oft the City to Reflect a Change of Zone for Assessor's Parcel No's345-100-07 and 345-100-19S", seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra.  amend Tract No. 5952, RJ Hills subdivision project to change the zoning.  CITY MANAGER'S REPORT  City Manager Davis provided status on the progress of downtown businesses; a new restaurant in the former Favorito's building will be opening and will be called Mi Favorito Place. Ana's Tacos will be opening soon in the old Fratellos restaurant space on Merced Street. She mentioned that Mr. Renge is working with an architect and engineer on restoring the old Fowler Ensign  building.    CITY ENGINEER'S REPORT  ADOPTION OF RESOLUTION NO. 2431  City Manager Davis said this item is an annual renewal of the landscaping and storm drainage maintenance district assessments for fiscal year 2019-2020. A public hearing is set for June 4, 2019, to authorize proceedings for the annual levy and collection of assessments. An Engineers Report was provided. Mayor Pro Tem Hammer made a motion to adopt Resolution No. 2431,"A Resolution oft the City Council oft the City of Fowler of Intention tol Levy and Collect the Annual Assessment for Landscaping and Storm Drainage Facilities Maintenance District No. 1, seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas,  Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra.  PUBLIC WORKS REPORT  AWARD 2019 STREET MAINTENANCE PROJECT TO GLICK CORPORATION ADA ASPHALT MAINTENANCE CO. IN THE AMOUNT OF  $92,065.60  Public Works Supervisor Lopez said the City recently advertised for bids for the 2019 street maintenance slurry seal project near the new medical center. The engineer's estimate for base bid was $93,800.00; on April 30, 2019 the City received three bids ranging from $92,065.60 to $98,443.00. Staff recommends awarding the base bid in the amount of $92,065.60 to Glick Corporation dba Asphalt Maintenance Co. of Visalia, CA. Councilmember Kazarian made a motion to award the City of Fowler 2019 Street Maintenance Project to Glick Corporation dba Asphalt Maintenance Co. in the amount tof$ $92,065.60, seconded by Mayor Pro Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez. Noes: None. Supervisor Lopez provided an update on the parking concerns Pastor Green mentioned at the last Council meeting. He has ordered "No Truck Parking" signs which will be placed near the Second Baptist Church located on 10th Street. The Public Works Department is painting parking  Abstain: None. Absent: Parra.  stalls and repainting handicap stalls along the downtown area and Main Street.  FINANCE DIRECTOR'S REPORT  City Manager Davis mentioned that the Auditors have been working actively on the 2017-2018 Audit, the Finance Authority budget is complete and Finance Director Uyeda is currently  working on completing the City's budget for 2019-2020.  POLICE DEPARTMENT REPORT  No report was given.  FIRE DEPARTMENT REPORT  Fire ChiefLopez circulated the Emergency Call Report for the month of April.    CITY ATTORNEY'S REPORT No: report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - May 21, 2019; B) Approve Minutes of the City Council Meeting - May 7, 2019; C) Approve and Authorize Mayor to Sign Letter to State Water Resources Control Board in Opposition to Semitropic Petition to Revise the FAS; D) Approve Letter of Support and Adopt Resolution No. 2432 "A Resolution of the City Council of the City of Fowler Supporting the Merger ofT-Mobile and Sprint". Councilmember Kazarian made a motion to approve the Consent Calendar, seconded by Mayor Pro Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez.  Noes: None. Abstain: None. Absent: Parra. COMMITTEE REPORTS  Mayor Pro Tem Hammer said the Kids Summer Lunch Program starts June 10, 2019 - August 9, 2019 at the Senior Center. The Public Swim Lesson Program will start. June 1, 2019.  CLOSEDSESSION  The meeting adjourned to a closed session at 7:33 p.m. pursuant to Government Code Section The meeting reconvened to open session at 7:35 p.m. with no reportable action taken.  54957 -Public Employee Performance Evaluation. Title: City Attorney.  ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 7:39  p.m.