FOWLER CITY COUNCIL MEETING AGENDA MAY 21, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625 In compliance with the Americans with Disabilities Act, if you need special assistance to access the Council Chambers or to otherwise participate at this meeting, including auxiliary aids or services, please contact City Clerk Jeannie, Davis at (559) 834-3113 ext. 302. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on meeting. The City of Fowler is an equal opportunity provider and employer. the City's website at www.fowlerciy.org. Meeting called to order 1. 2. 3. 4. 5. Flag Salute and Pledge of Allegiance Invocation Roll call Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.). With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council. 6. Communications 7. Staff Reports A) Second Reading of Ordinance No. 2019-02, "An Ordinance of the City Council of the City of Fowler Amending the Official Zoning Map of the City to Reflect a Change of Zone for Assessor's Parcel No's 345-100-07 and 345- 100-19S" B) City Manager's Report C) City Engineer's Report Adoption of Resolution No. 2431, "A Resolution of the City Council of the City of Fowler of Intention to Levy and Collect the Annual Assessment for Landscaping and Storm Drainage Facilities Maintenance District No. 1 D) Public Works Report Award the City of Fowler 2019 Street Maintenance Project to Glick Corporation dba Asphalt Maintenance Co. in the Amount of $92,065.60 Finance Department Report Police Department Report G) Fire Department Report 8. City Attorney's Report E) F) 9. Consent Calendar Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. If a Councilmember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councilmember objects to an item, then it should be removed and acted upon as a separate item. 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 of T-Mobile and Sprint" 2 10. 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 11. Closed Session = Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Title: City Attorney 12. Adjournment Next Ordinance No. 2019-03 Next Resolution No. 2433 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 17, 2019. Doua ad Corina Burrola Deputy City Clerk 3 ITEM 7A ORDINANCE, NO.2019-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER, AMENDING THE OFFICIALZONING MAP OFTHE CITY' TO: REFLECT A CHANGE OF ZONE FOR ASSESSOR'S PARCEL NOS. 345-100-07. AND 345-100-19S THE CITY COUNCIL OFTHE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION1. The Official Zoning Map of the City of Fowler is hereby amended to indicate SECTION2. The Official Zoning Map of the City of Fowler is hereby amended to indicate SECTION3. This ordinance shall take effect and be in full force and effect from and after thirty Assessor's Parcel No. 345-100-07 as R-1-7 (One Family Residential - 7,000 Square Assessor's Parcel No. 345-100-19S as R-1-6 (One Family Residential - 6,000 Square (30) days following its final passage and adoption. Within fifteen (15) days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a Foot Minimum Lot Size) as indicated in Exhibit "A" hereto. Foot Minimum Lot Size) as indicated in Exhibit "A" hereto. newspaper of general circulation. The foregoing ordinance was introduced at a meeting of the City Council of Fowler held on the 7h day of May 2019 and passed and adopted at a regular meeting of the City Council held on the day of_ AYES: NOES: ABSTAIN: ABSENT: 2019 by the following vote: Mayor, City of Fowler ATTEST: City Clerk ITEM 7C STAFF REPORT TO: FROM: MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER SUBJECT: LANDSCAPING AND STORM DRAINAGE FACILITIES MAINTENANCEI DISTRICT NO. IANNUALASSESMIENTS DATE: CC: 5/16/2019 JEANNIE DAVIS, CITY MANAGER REQUESTED ACTION: Adopt Resolution No.2431, approving the engineer's report pursuant to the Landscaping and Lighting Act of 1972 for the annual renewal of the Landscaping and Lighting District for fiscal year 2019-2020, set a public hearing for June 4, 2019, and authorize proceedings for the annual levy and collection of assessments. 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 resolutions, culminating with a public hearing. The public hearing and adoption of a final In order to renew the districts, an assessment engineer must review and develop the benefit assessments for each parcel. Those assessments are based on the proposed budget for FY resolution are proposed for the Council Meeting of) June 4, 2019. 2019-20. RESOLUTION NO. 2431 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER OF NTENTIONTOLEYY AND COLLECTTHE ANNUAL ASSESSMENTS FOR LANDSCAPING AND STORM DRAINAGE FACILITIES MAINTENANCE DISTRICT NO.1 RESOLVED, by the City Council of the City of Fowler, County of Fresno, California, that: 1. Itis the intention of the said Council to order the levy and collection of assessment under the Landscaping and Lighting Act of 1972, part two of Division 15 of the Streets and Highways Code (beginning with Section 22500 of said code and herein the "act") for the Landscaping and Storm Drainage Facilities Maintenance District No. 1 of the City of 2. The territory of City Landscaping and Storm Drainage Facilities Maintenance District No. 1i is comprised of various territories generally located on the attached vicinity map which is the real property benefited and to be assessed for the maintenance and operation of the landscaping facilities of Landscaping and Storm Drainage Facilities Maintenance District No. 1 generally described in Exhibit A attached hereto and by reference 3. The City Engineer has prepared and filed with the Clerk of the City of Fowler a report labeled Engineer's Report of the City of Fowler Landscaping and Storm Drainage Facilities Maintenance District No. 1, dated May 2018 to which reference is hereby made by a description of the existing improvements, the boundaries of the assessment district and any zones therein (including the general location), and the proposed assessment upon assessable lots and parcels of land within Landscaping and Storm Drainage Facilities 4. Notice is hereby given that on the 4th day of June, 2019 at the hour of 7:00 p.m. in the regular meeting place of the City Council of the City of Fowler Council Chambers City Hall, 128 S. Fifth Street, Fowler, California, 93625 are hereby fixed as the time and place when and where all interested persons shall be heard on the question of the levy and 5. A copy oft this Resolution shall also be published once prior to the hearing in a newspaper of general circulation within the City of Fowler, at least 10 days prior to the public Fowler for fiscal year 2019-2020. incorporated herein. Maintenance District No. 1. collection of the proposed assessments. hearing. Ih hereby certify that the foregoing is a full, true, and correct copy of a Resolution duly and regularly adopted by the City Council oft the City of Fowler at a meeting thereof held on the 21st day ofl May, 2019, by the following vote: AYES: NOES: ABSTAIN: ABSENT: David Cardenas, Mayor ATTEST: Jeannie Davis, City Clerk ITEM 7D MEMORANDUM TO: FROM: DATE: MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER SUBJECT: 2019: STREET MAINTENANCE 5/15/2019 AEQUESTEDACION Award the City of Fowler 2019 Street Maintenance Project to Glick Corporation dba Asphalt Maintenance Co. in the amount of $92,065.60. DISCUSSION/RECOMMENDATION The City of Fowler recently advertised for bids for the City of Fowler 2019 Street Maintenance Project. The engineer's estimate for the base bid 93. On April 30, 2019 the City received three bids for ranging from $92,065.60 to $98,443.00. A summary of the bids is Staff recommends awarding the base bid in the amount of $92,065.60 Glick Corporation dba attached. Asphalt Maintenance Co. of Visalia, CA. ITEM 9A $ 6 s 888888888888888 888 8888888888 8 8 8 8888888888 8 999999999996000 000 0000000000 o o o 0000000000 o 88 3888888888 8 0 0000000000 o 8888 8888888 00 8888888 0000 000000000 o 000000000 10 666666 11uUu 990412 189 - E 00 asrug 238 NO Hs 8888 d0 000 f 88888 888 8 8 888 8 8 8 88888 888 00000 000 o o o o o 00000 000 86 & 300 aa / - E EE 2 666 56 iin 199s 55 E 0066 685 999 aE 000 0oAmRo 888 - E 45 K660 60 0OA KKS 888 8 88 888 888888 888 88888 8 8 8 88888 88888888 8 000 o o 000 000000 000 o o o 00000 00000000 o :99ee 00o Fr 888888888 8 8 000000000 o o 00000000 aaaaaaaa moot 0000 888 8888 0 60 888 Sui - A d B HSs K88 38 989 8 8888 8 d8 888 8 8888 8 8 8888 8 888 8888 8 8 888 8 88 0000 o o 000 o 0000 o o 0000 o 000 0000 o o 000 o 00 3 83 88 88 94e BHE 5 I 15 : dies o 88 88888 8 8 8 - 8888 8888 8 8888 8 8 8 o 00000 o o o 0000 0000 o 0000 o o o - BAR - 49 NNE ww ooo 0000 aana 9 aE M E - 666 385 o 888 8 0 000 o N 888 8 0 0 000 o ITEM 9B MINUTES OF THE FOWLER CITY COUNCIL MEETING MAY 7,2019 Mayor Cardenas called the meeting to order at' 7:02 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, Finance Director Uyeda, Planner Marple, Deputy Planner O'Neal, Deputy City Clerk Burrola The Flag Salute and Pledge of Allegiance were followed by the Invocation delivered by Pastor Green, Second Baptist Church, Fowler. PUBLIC PRESENTATIONS Patric Jones, Fowler resident expressed his gratitude to the Public Works Department for striping the parking stalls at St. Lucy's Church. He mentioned that there is a house located at the corner of Fowler and Adams Avenue that have bushes obstructing the visibility of traffic possibility causing a traffic hazard. Mr. Jones asked about possibilities of having the Council meetings Sandra Browning, Fowler resident spoke about the crosswalk located at Dee Ann and Adams Avenue. She spoke about the concerns of traffic not coming to a complete stop at the crosswalk for pedestrians. Pastor Green, Second Baptist Church expressed his concerns about the parking issues they are having with commercial vehicles, trucks, and trailers parking in front of the podcasted. church during church service hours. PUBLIC HEARING To Consider Tentative Subdivision Map (TSM) No. 6188 and Adoption of a Mitigated Negative Declaration, Submitted by Sunshine Raisin Corporation of Approximately 30.7 acres at the Northeast Corner of Adams and Armstrong Avenue Jeff O'Neal, Deputy City Planner said the applicant, Sunshine Raisin Corporation, submitted a tentative map, in August 2018, proposing to subdivide the land at the northeast corner of Adams and Armstrong Avenues. Following two reviews by staff, the map and application were deemed complete. The map proposes 80 single-family lots on 30.7 acres, plus a remainder parcel of approximately 6,000 square feet. Proposed lot sizes range from just over 10,000 square feet to almost 16,000 square feet which is consistent with the Ahronian Estates, Crestwood Estates and Kensington Estates projects. There were a few points of discussion from the Planning Commission regarding E. Curtis Avenue which connects to Armstrong Avenue. The Fowler Unified School District is proposing an expansion to Marshall Elementary School including a new pre-school across from Armstrong Avenue west of the proposed project. The expansion proposes a parking lot opposite the proposed location of E. Curtis Avenue which will predict potential traffic conflicts at this location. The second discussion point is related to open space. The General Plan Policy requires that the single-family projects include 5% open space within the project site and following the recommendation of approval by the Planning Commission there were follow up discussions with the project engineer and they have proposed to dedicate of Lots 55-58 as open space to meet the 5%. Mr. O'Neal said the City is currently undergoing efforts to address TCP in the water supply and it may be necessary to install a treatment facility in this part of town. The City Engineer has discussed with the project engineer the possibility of acquiring property within the subdivision for installation of a GAC treatment station. Staff is currently analyzing the remainder lot to access whether it would be ofs sufficient size to house the treatment facilities. He noted the development is expected to occur over a 2.5 year period with Mr. O'Neal said following aj public hearing on April 4, 2019 the Planning Commission adopted Resolution No. 637 and 638 recommending that the City Council adopt the Mitigated Negative Declaration pursuant to the California Environmental Quality Act and that the City Council approves the Tentative Map as conditioned. Mayor Pro Tem Hammer asked if the school district had been contacted and if they provided any input on this project. Mr. O'Neal responded that they had met with staff from the school district regarding the proposed development and they did The Mayor opened the duly noticed public hearing on the matter at 7:29 p.m. Lori Gonzales, Interim Superintendent for Fowler Unified School District said they have met with the districts architects for the Marshal School projects and one ofthe discussion points has been the exit point and where the streets are to meet. She welcomed the opportunity to have further discussion and gather input on the project and bring it back to the architects. Dee Ribarich, Fowler resident, asked Mr. O'Neal if the project site would consist of having walkways and green belts (trees). Mr. O'Neal replied that the proposed project will have areas of pedestrian connections. There were no other public comments from the public and hearing closed at 7:38 p.m. Mayor Cardenas expressed that he would like the school district to be more closely involved with the project in order to provide more input and if there are any concerns that need attention. City Engineer Peters noted to Council to use the revised condition No. 11 language that was provided prior to the meeting. The condition addresses annexation into the landscape Councilmember Kazarian made a motion to adopt Resolution No. 2424 "A Resolution Before the City Council oft the City of Fowler County ofl Fresno, State ofCalifornia. Adopting A Mitigated Negative Declaration for Tentative Subdivision Map No. 6188 Pursuant to the California Environmental Quality Act", seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: project construction beginning in 2020 and completed by 2022/2023. receive a copy of the CEQA document. maintenance district or CFD Parra. Councilmember Kazarian made a motion to adopt as amended pursuant to revised Condition No. 11, Resolution No. 2425, "A Resolution Before the City Council oft the City of Fowler Count of Fresno, State ofCalifornia Approving Tentative Subdivision Map No. 6188", seconded by Mayor Pro Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra. To Consider Revised Vesting Tentative Subdivision Map (VTSM) No. 5952, General Plan Amendment No. 19-01, Zoning Ordinance Amendment (Rezone) No. 19-01, Annexation to the City of] Fowler, and Adoption of a Mitigated Negative Declaration, Submitted by RJ Hill for Approximately 67.17 acres at the Southwest Corner of Sumner Avenue and Sunnyside Avenue and the Northeast Corner of Parlier Avenue and Sunnyside Avenue. Mayor Cardenas recused himself due to conflict ofinterest on the project from having a business relationship with a nearby property owner. Jeff O'Neal, stated that staff recommends that the City Council affirms the recommendation of the Planning Commission to adopt a mitigated negative declaration, deny General Plan Amendment No. 19-01, approve Rezone No. 19-01, approve revised vesting TSM No. 5952, and initiate annexation to the City of Fowler. In 2010RJ Hill has proposed a number of alternatives to subdivide the land at the southwest corner of South and Sunnyside Avenues. In 2017 the Council denied on appeal a 171-lot planned development occupying the 40-acre site. RJ Hill has modified the proposal and submitted a revised tentative map that is consistent with the direction provide by staff, Planning Commission and the City Council. The revised map proposes 143 single-family lots on 39.91 acres. Mr. O'Neal provided points of discussion on the project: Open Space, Pedestrian Access, Remainder Lot, Traffic Study Storm Drain Hydrology Calculations, and Portable Water Model Preparation. The developer has submitted a detailed and comprehensive set of proposed site plans and elevations. The Development is expected to occur over a four-year period with project construction beginning in 2020 and completed by 2024. The applicant proposes to amend the General Plan Land Use designation from Medium Low to Medium Density; the General Plan Table 5-1 indicates that the R-1-6 zone district is "most compatible" with the Medium Density Land Use designation; however; the practical density of development that can occur within the R-1-6 zone district falls within the range of densities prescribed by the Medium Low Density General Plan Land Use designation. The Planning Commission adopted Resolution No. 639 recommending that the City Council deny General Plan Amendment No. 19-01. Mr. O'Neal said the project site is within the City's Sphere of Influence and is adjacent to the SOI boundary on the west and south. LAFCO will consider a request for annexation once the City has approved the project and Mayor Pro Tem Hammer opened the duly noticed public hearing on the matter at 7:59 p.m. Larry Veiz; Fowler resident asked ift the project would bej proposing to build school bus stop benches in the area for future bus stops. His concerns are that there are no bus stop benches for the children that are waiting at the curb for the buses to arrive. Councilmember Kazarian suggested directing staff to look into gathering more information on the bus stop benches and implementing it. The initiated the annexation process. hearing closed at 8:03 p.m. Councilmember Rodriquez made a motion to adopt Resolution No. 2426, "A Resolution Before the City Council of the City ofl Fowler County of Fresno, State ofCalifornia Adopting Mitigated Negative Declaration for Revised Vesting Tentative Subdivision Mapl No. 5952 Pursuant to the California Environmental Quality Act", seconded by Councilmember Kazarian. The: motion carried by voice vote: Ayes: Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Councilmember Kazarian made a motion to adopt Resolution No. 2427 as amended (typo) "A Resolution Before the City Council oft the City of Fowler County of Fresno, State of California Denying General Plan Amendment No. 19-01 for Assessor's Parcel No. 345-100-19S", seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra. Recused: Cardenas. Councilmember Rodriquez made ai motion to waive the First Reading and approve Ordinance No. 2019-02, "An Ordinance oft the City Council oft the City of Fowler Amending the Official Zoning Map oft the City to Reflect a Change ofZone for Assessor's Parcel No's345-100-07 and 345-100-19S", seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra. Recused: Cardenas. Councilmember Rodriquez made a motion to adopt Resolution No. 2428 as amended with Condition 11, "A Resolution Before the City Council of the City ofFowler County of Fresno, State of California Approving Revised Vesting Tentative Subdivision Map No. 5952", seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra. Recused: Cardenas. Councilmember Kazarian made ai motion to adopt as amended, Resolution No. 2429, "A Resolution Before the City Council oft the City of Fowler County of Fresno, State of California Requesting that the Local Agency Formation Commission Undertake Proceedings for the Sunnyside-South Southwest Reorganization", seconded Councilmember Rodriquez. The motion carried by voice vote: Ayes: Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra. Recused: Cardenas. Parra. Recused: Cardenas. COMMUNICATIONS 2019, at. Jocy's. STAFF REPORT City Manager Davis reminded the Council oft the Annual Mayor's Breakfast on Friday, May 10, CITY MANAGER'S REPORT Ms. Davis mentioned the final meeting of a series of community park grant meetings was held earlier today. The meetings consisted of gathering information from residents on the proposed design features of the park based on a point system. Staffmet with consultants and discussed that ift the grant is awarded; the City will be audited by the State ift those items chosen by the citizens were not implemented for the park. She asked to set a joint workshop on May 21, 2019 at 5:00 p.m. with the Council and the School District to discuss the features that the citizens have come up with to ensure that they are similar to what was planned when the property was purchased for City Manager Davis attended a presentation in the City of Kingsburg for a new T-Mobile Customer Experience Center. T-Mobile has chosen Kingsburg as the location for their Center, which will create 1,000 new jobs. Valley Children's Medical Center will be having their grand opening on Thursday, May 30, 2019, by invitation only, from 10:00 a.m. to 12:00 p.m. af future sports park. PUBLIC WORKS REPORT Public Works Supervisor Lopez said the parking stalls located at St. Lucy's church have been restriped. Parking stalls will also be restriped at Panzak Park and Merced Street. He mentioned he received the results oft the water testing from the State and the results are good. FINANCE DIRECTOR'S REPORT No report was given. POLICE DEPARTMENT REPORT Police Chief Alcaraz circulated Part 1 Crime Stats for the month of April. FIRE DEPARTMENT REPORT No: report was given. CITY ATTORNEY'S REPORT City Attorney Wolfe announced that the State may have plans for proposed subdivision for Cities. The State wants to create affordable housing by allowing any density housing project from any residential zone district. This could potentially create problems for cities. CONSENT CALENDAR The consent calendar consisted of: A) Ratification of Warrants - May 7, 2019; B) Approve Minutes of the City Council Meeting and Fowler Public Financing Authority Joint Meeting April 16, 2019; C) Adopt Resolution No. 2430 "A Resolution ofthe City Council of the City of Fowler Authorizing Officials to Execute Agreements with Caltrans". Councilmember Kazarian made a motion to approve the Consent Calendar, seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez. Noes: None. Abstain: None. Absent: Parra. COMMITTEE REPORTS help in organizing the event. Mayor Cardenas commented on the Employee Appreciation Dinner and thanked staff for their Mayor Pro Tem Hammer said the Spring Fest event was a success; there were over 60 vendors at the event; Fourth of July event is right around the corner. He said the Farmer's Market will Councilmember Kazarian commented on the success of the Employee Appreciation Dinner, possibly start in August instead ofJ July this year. noting that there was a great turn-out. Closed session listed on the agenda was not held. 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 8:22 p.m. FOWLER. ITEM 9C 1908 May 21,2019 State Water Resources Control Board Division of Water Rights Attn: Mitchell Moody P.O. Box 2000 Sacramento, CA 95812-2000 mitchelmoody@waterboards.cagoy Dear Chairman Esquivel and Honorable Board Members: On behalf oft the City of Fowler, I write in opposition to Semitropic Water Storage District's (Semitropic) Petition tol Revise the Fully. Appropriated Stream Status ofthel Kings River (FAS). The City of Fowler is al Disadvantaged Community (DAC), and California law recognizes the need to address water supply and quality issues for DACs; thus, iti is in this context that the City Semitropic's FAS petition is submitted in an attempt to secure ai right to divert Kings River waters for use in Kern County - outside the watershed of origin. The Kings Riveri is the primary surface water source to the communities within the three counties that comprise the watershed of origin: Fresno, Kings, and Tulare Counties. Groundwater Sustainability Agencies (GSAs) throughout those counties are: now engaged in thej process ofa addressing groundwater sustainability, and use of Kings River high water flows is a crucial element oft those of] Fowler submits the following comments on the Semitropic FAS petition. sustainability efforts. Public comments submitted on1 the Semitropic Project establish that historic Kings River flood flows are less than the anticipated groundwater overdraft inl Fresno, Kings, and Tulare Counties. We are aware that planning efforts at various levels ofi regional and local government are underway to fully utilize Kings River flood flows for addressing SGMA impacts and anticipated growth. It only makes sense that Kings River water should be available to meet these needs The Semitropic Project seeks to divert Kings River flood: flows out oft the watershed. By exporting water from critically over drafted groundwater basins, the Semitropic project would significantly impair the ability oft the regional GSAs to comply with SGMA without resorting to removing significant lands from production and limiting urban growth. The Semitropic Project would negatively impact the lives and livelihoods ofr many people in Fresno, Kings, and Tulare within the watershed of origin. Counties who depend on Kings River waters. 1 128 South Fifth Street e Fowler, CA 93625 e Voice: 559-834-3113 e Fax: 559-834-0185 California is the first state in the nation to enact a law recognizing that "every human being has the right to safe, clean, affordable and accessible water"- also known as "the human right to water." The Kings River service area includes 51 "Disadvantaged Communities". - areas which most suffer from a combination ofeconomic, health, and environmental burdens - witha a population of 646,236. In addition, the area includes 59 "Severely Disadvantaged Communities" with a population of 84,510. In all, 69 percent of the population that relies upon Kings and Tulare groundwater basins lives in a Disadvantaged Community or Severely Disadvantaged The Semitropic Project has the potential to deprive DACS access to water andj jeopardize long- term regional/local sustainability. DACS already disproportionately suffer from poverty, high unemployment, asthma and heart disease, as well as air and water pollution, and the Semitropic Project will only make already-difficult circumstances worse and threaten "the human right to Further, contrary to Semitropic's claims, the Project neither reduces nor eliminate flood risk. Rather, it increases the potential for flooding on the South Fork Kings River. For these stated reasons and more, the City of Fowler respectfully requests that the State Water Resources Control Board deny Semitropic's) FAS petition. The Semitropic FAS petition and Project are: not int the public interest. Instead, the Project would only harm groundwater sustainability efforts, and threaten access to safe, clean, affordable and accessible water. Community. water." Sincerely, David Cardenas Mayor oft the City of Fowler 2 o A ITEM 9D 1908 May 21,2019 VIA BLECTRONIC FILING Commissioner Cliff] Rechtschaffen: California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Proceeding Numbers: A.18-07-011 and A.18-07-012 Dear Commissioner Cliff Rechtschaffen: As the elected representatives from cities throughout Fresno County, we are writing to register our strong support of the' T-Moblie/Sprint Merger that is before the California Public Utilities Commission. This merger will bring significant public benefits to Californians through expanded internet access for underserved and igitaly-disadvantaged communities; enhanced emergency preparedness and response; increased competition and lower prices; and job creation. The Central Valley has unique challenges that this merger willl help address. Affordable, reliable high-speed internet access is virtually non-existent in many of our rural communities putting these residents at a socio-economic disadvantage. Students are unable to complete online homework assignments, rural patients cannot access telehealth resources, underemployed individuals cannot utilize on-line job resources, and communication for first responders and displaced families is hampered in times of emergencies. Bringing high-speed 5G internet to the Central Valley will connect these residents and provide tremendous public benefit to our rural communities. In addition to expanding critically-needed internet access, this merger will provide economic benefits for the Central Valley by locating ai new Customer Experience Center in the Kingsburg area. The Central Valley has historically been plagued by higher unemployment, lower wages and lower tax revenue than other regions ofCalifornia. The new Customer Experience Center (CEC) will create 1,000 fully-benefited positions with wages on average over 50% higher than the average wages in Fresno County. Ultimately this could make New T-Mobile one oft the largest and highest-paying New T-Mobile will also stimulate an additional 4541 to: 535 jobs within the region as investment ripples its way through the local economy. Together with direct employment, these spillover positions would generate $7-8 million in tax revenues: for the cities and counties int the Central Valley revenues which will provide funding for services like schools, police and fire, parks and roads. Additionally, New" T-Mobile will contribute as much as $122 million to California'se economy. employers in the Central Valley. 128 South. Fifth Street * Fowler, CA 93625 * Voice: 559-834-3113 e Fax: 559-834-0185 On behalfofour residents who are disproportionately impacted by California's digital divide, we urge you to swiftly approve this merger. Doing sO willl help connect rural residents to thel benefits high-speed internet is already bringing to more urban areas ofthe state, andi it will allow the Customer Experience Center to move: forward creatingj jobs and economic growth in our region. Sincerely, David Cardenas Mayor City ofFowler Cc: Governor Gavin Newsom Attorney General Xavier Becerra RESOLUTIONNO.2492 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER SUPPORTING THE MERGER OF T-MOBILE AND SPRINT. WHEREAS, California's digital divide is leaving low-income, rural and communities of color behind as business opportunities, health care and education increasingly require high-speed internet; and WHEREAS, 74% of Californians now have broadband subscriptions at home, but only 559oflow-income and 59% ofrural households do, putting these families at a socio-economic disadvantage; and WHEREAS, first responders and displaced families in rural communities face communications challenges in times ofe emergencies; and WHEREAS, the proposed T-Mobile/Sprint merger will bring significant public benefits to Californians through expanded internet access for underserved and igtaly-disadyantaged communities; enhanced emergency preparedness and response; increased competition and lower prices; and job creation; and WHEREAS, By 2024, New T-Mobile will deliver wireless broadband speeds faster than 150 megabits per second (Mbps) to 97 percent of California's population and faster than 3001 Mbps to93 percent of California' sj population; and WHEREAS, The Central Valley has unique challenges that this merger will help address by providing affordable, reliable high-speed internet access in communities where it is virtually non-existent today; and WHEREAS, This merger will also provide economic benefits for the Central Valley by locating a new Customer Experience Center (CEC) ini the Kingsburg area. The CEC will create 1,000 fully-benefited positions with wages on average over 50%1 higher than the average wages in Fresno County, which could ultimately make New' T-Mobile one oft the largest and highest-paying employers in the Central Valley; and WHEREAS, New T-Mobile will also stimulate an additional 4541 to 535, jobs within the region as investment ripples its way through the local economy; and WHEREAS, New T-Mobile in the Central Valley will also stimulate an additional 454 to 535 jobs within the region as investment ripples its way through the local economy. Together with direct employment, these spillover positions would generate $7-8 million in tax revenues for the cities and counties in the Central Valley -1 revenues which will provide funding for services like schools, police and fire, parks and roads; and WHEREAS, New T-Mobile will contribute as much as $122 million to California's WHEREAS, these benefits will not come to fruition ift the merger is not approved by economy. national and state regulators. NOW, THEREFORE, BE ITI RESOLVED that the City Council of the City of Fowler herby supports the T-Mobile Sprint Merger. BEITFUTHER RESOLVED that the City Council instructs city stafft to draft a letter of support for the merger and submit it to the California Public Utilities Commission with copies to the Governor ofCalifornia and the Attorney General ofCalifornia. Ihereby certify the: forgoing is a full, true, and correct copy ofar resolution duly and regularly adopted by the City Council oft the City ofF Fowler at ai meeting held on the 21*1 day of May 20191 by the following vote: AYES: NAYS: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk PLANNED POST-MERGER INVESTMENT IN CALIFORNIA'S CENTRAL VALLEY BY NEW T- MOBILE WILL CREATE MORE THAN 1,000 HIGH-PAYING JOBS, ECONOMIC STUDY FINDS Ina a recently completed report, the California-based consulting firm Berkeley Research Group (BRG) explained how the proposed merger of T-Mobile US and Sprint Corporation would create jobs, stimulate economic growth and expand the tax base throughout the Central Valley of California. BRG estimates that planned investments in the Central Valley by New T-Mobile following the proposed merger will contribute as much as $122 million to California's economy and directly generate: More than 1,000 new jobs; and $56 to $65 million in take-home pay. THE NEW T-MOBILE 5G The Center's 1,000 career-boosting. jobs will include managers, frontline representatives and professional support staff, who will enjoy an average wage that is 51% higher than the average compensation in Fresno County. On top of highly competitive compensation, all of New T-Mobile's employees receive generous benefits packages, including: medical and dental health benefits; annual stock grants; 401(k) savings plans w/ matching contributions; tuition assistance; paid time off; paid family leave; and child care assistance. .-Mobile- Sprint) Beyond the many advantages that New T-Mobile's employees will enjoy, the BRG study found that economic activity from New T-Mobile in the Central Valley will also stimulate an additional 4541 to 535 jobs within the region as investment ripples its way through the local economy. Together with direct employment, these spillover positions would generate $7-8 million in tax revenues for Last year T-Mobile and Sprint Corporation announced plans to merge to become New T-Mobile. The companies also announced their intention to build five new state-of-the-art Customer Experience Centers around the United States. And they recently selected Kingsburg, California as one of these sought-after Customer Experience Center locations. With the opening of the California Center, BRG projects that New T-Mobile will become one of the largest and highest-paying The new Customer Experience Centers are one part of New T-Mobile's commitment to invest billions of dollars in creating new jobs and supporting infrastructure to bring world-class wireless to customers around the U.S. Other investments include building out a state-of-the-art, nationwide, broad and deep 5G network, and opening new stores to offer more services to an expanding customer base. Ini total, New T-Mobile expects to create more than 12,000 new) jobs to serve small The completion of the combination remains subject to regulatory approvals and certain other customary closing conditions. Additional information regarding T-Mobile's merger with Sprint can be the cities and counties in the Central Valley. employers in the Central Valley. towns and rural communities as a direct result of the transaction. found at www.New/Mobile.com. CETE CALIFORNIA EMERGING TECHNOLOGY FUND --Mobile- The California Emerging Technology Fund (CETF) and T-Mobile signed a Memorandum of Understanding (MOU) that identifies New T- Mobile's public benefit commitments, pending approval of its merger The benefits of the T-Mobile-Sprint merger for Californians are clear: Silicon Valley meets T-Mobile and Sprint's combined spectrum and infrastructure assets will bring 5G service faster to Californians, with significantly better service to much of rural California. Upgrades to advance 5G wireless networks available to 99% of California households with verification of actual coverage and speeds by high-resolution coverage maps performed by ani independent third-party testing firm beginning in 2022 through upgrade completion. Investments in emergency response communications and digital literacy training programs for underserved residents will benefit Californians across the state. Digital literacy training and school improvement supported by a $35 million investment in schools, students, and families through the Lifeline, School2Home, and other digital Support for emergency first responders by retaining existing temporary cellular communications facilities owned by T-Mobile and Sprint in California and increasing the Installation of high-speed Internet infrastructure and service for 10 State-owned fairgrounds inr rural counties to improve emergency response and expand economic development. New T-Mobile will increase Internet access choices for all consumers and will provide significant assistance to low-income households and digitally disadvantaged Offering of Lifeline rates for low-income households through at least 2024 with free high- speed data and complimentary handsets and with faster broadband speeds and wider Development of a strategic plan to increase the number of low-income customers on Lifeline rates with free Internet access by 332,500 households for ai total of no fewer than 675,000 enrolled customers and a commitment of up to $5 million for promotion of the affordable That is why the T-Mobile-Sprint merger is supported by sO many across the state. with Sprint by the CPUC. the Central Valley. inclusion programs. number of those facilities by 50% by 2021. communities. coverage. offers. CALASIAN Latinol Mayors" Sgust chamber ofo commerce CALIFORNIA STATE CONFERENCE NAACP CALIFORNIA REPUBLE WHATTHE MERGER MEANS FOR CALIFORNIA WorldLeading 5G Network Ther merger will create as stronger andi morer reliable network, withi increased capacity and speed. By 2021, ther network will cover nearlyt two-thirds oft the U.S. population with speeds greater than 100 Mbps. By 2024, network coverage will growt to almost 90 Ar major goal oft ther mergeri ist to rapidly deploy ar nationwide! 5Gr network, which will include rural areas-bringing! high speed By combiningt the assets of both companies sucha as spectrum ands sites, thel New T-Mobile willl be ablet to quickly bring benefitst to The deployment ofa af fast, 5Gr network would bolster California'st tech community, allowing for morei innovation, newj jobs, andt the An network with greater capacity will spur competition by other wireless carriers and will drive downt the cost of broadband Rural communities would benefit too, asi increased outdoor wireless coverage would mean fewer zones with patchy or no service. Publics safety and emergency response willi improve, and both urban andi rural communities woulds seet the! benefits. 5G willi improve emergency response, asi itwilll helpf first respondersi identify callers' precisel locations (even within thei interior of al building), allow smart city sensors top provide alerts andl locationi information, and allowing ambulancest tot transformi intor mobile emergency rooms with CT and) X-ray scanners and high definition videot for doctorst to supervise care whilet thep patienti isi ini routet tot thel hospital. Af fast, 5G network willy provide ar real alternative to expensive fixedi in-home broadband-finally. providing an option for underserved Lowi income, as wella as ethnically diverse customers, stand tol benefit evenr moret from these dramatic improvements in network qualitys since studies showt that theyt tendt tol bel heavy data users andi most likelyt tor rely on mobile: services ast their sole mode of T-Mobile is committedi to continuing the excellent work that Sprint has provided forl LifeLine customers in California. New T-Mobile plans to continue offering thel LifeLine services provided by Sprint'se existing anda all new eligible customers in California. percent oft thel U.S. population withs speeds greater than 100 Mbps. broadband tor rural California. American consumers-mucht faster than either company could accomplish alone. creation of new companies. connections fort thee end user. Improved capacity alsor means al better overall customer experience. communities to experience broadband speeds without the highr monthly costs. accesst tot thei internet.' T-Mobile is an Employer of Choice for California Ouremployees are proud of us! "Best Placest to Work." T-Mobilereceived Glassdoor Employees' ChoieAwardler201Bamdi 2019, which ranks andi recognizes companies as T-Mobile employees (80%) sayt they recommend the company to ai friend - thel highest ini thel USV wireless industry T-Mobile, longa ane employer of choice for military families, has committedi tol hiring 10,000 veterans andr military spouses over ther nextfivey years, and! has! been named al Top 100N Military Friendly employer 111 times. T-Mobile has also receivedr more than 20 militaryf friendly honorsi int thel last 10y years duet toi its guaranteedp pay plan, asv well asi its benefits forl leave, training, and deployment. compared to 62% at Verizon, 57% at/ AT&T and 50% at Sprint. For California andt the country as whole, T-Mobile and Sprint are powerful employment generators. Together, T-Mobile and Sprint currently employ approximately 82,000 internal employees nationally. When accountingt for external employees-such as dealers, partners, and service providers-thet two companies employ over 225,000 people. After And once the larger economic effects are accounted for, ther mergerise expected to create ands sustain 33,720newjobsin T-Mobile believest that diversity andi inclusion are employment priorities. There ares six employee affinityr networks to support T-Mobile's retentiona andp promotion efforts: Accessi for Disabilities Network, Veterans & Allies Network, Multicultural Network, Multigenerational Approximately 62% of T-Mobile's workforcei isi identified as ethnically diverse, and approximately 42% are women (whichis ther merger, New T-Mobiler willl have poimawy20,0lmtema. ande external employees. thel U.S. economyfrom: 2019through2023. Network, Prides & Allies Network, andt thel Women's! Leadershipl Network. significantly abovet thet techi industry average). 'Areçentlyo completede economice analysisb by Cornerstonef foundt thato differento consumert typesy varyinh howt theyv valuen network quality, andheavyd datau usersv valuen network speed ando coveragen moret thand othero consumers. Then mergerc ofT T-Mobiles ands Sprinte enablesd dramatici improvementsi inr networko qualityt thatv willb benefita alltypeso ofdatau users, particularlyt thosed consumersti thata aret thes subjecto ofthisp parto ofthey workshopd discussion. Visit the website for more information: NewTMobile.com