FOWLER CITY COUNCIL MEETING  AGENDA MAY 7, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  Ino 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.fowlerciv.org. 1. Meeting called to order  2. Flag Salute and Pledge of Allegiance  3. Invocation 4. Roll call  5. 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 ofr 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 oft the Council.  6. Public Hearings:  A) Public Hearing to Consider Tentative Subdivision Map (TSM) No. 6188 and Adoption of a Mitigated Negative Declaration, Submitted by Sunshine Raisin Corporation for Approximately 30.7 Acres at the Northeast Corner of Adams  Avenue and Armstrong Avenue.    1) Adoption of Resolution No. 2424, "A Resolution Before the City Council of the City of Fowler County of Fresno, State of California Adopting A Mitigated Negative Declaration for Tentative Subdivision Map No. 6188 Pursuant to the  California Environmental Quality Act"  2) Adoption of Resolution No. 2425, "A Resolution Before the City Council of the City of Fowler Count of Fresno, State of California Approving Tentative Public Hearing 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  Subdivision Map No. 6188"  B)  Sunnyside Avenue.  1) Adoption of Resolution No. 2426, "A Resolution Before the City Council of the City of Fowler County of Fresno, State of California Adopting Mitigated Negative Declaration for Revised Vesting Tentative Subdivision Map No. 5952 Pursuant to the California Environmental Quality Act"  2) Adoption of Resolution No. 2427, A Resolution Before the City Council of 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" First 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" Adoption of Resolution No. 2428, "A Resolution Before the City Council of the City of Fowler County of Fresno, State of California Approving Revised  3)  4)  Vesting Tentative Subdivision Map No. 5952"  5) Adoption of Resolution No. 2429, "A Resolution Before the City Council of the City of Fowler County of Fresno, State of California Requesting that the Local Agency Formation Commission Undertake Proceedings for the  Sunnyside-South Southwest Reorganization"  7. Communications 8. Staff Reports  A) City Manager's Report B) Public Works Report C) Finance Department Report D) Police Department Report  2    E) Fire Department Report 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 asa  separate item. A)  Ratification of Warrants - May 7, 2019 Authority Joint Meeting - April 16, 2019  B) Approve Minutes of the City Council Meeting and Fowler Public Financing C) Adopt Resolution No. 2430 "A Resolution of the City Council of the City of Fowler Authorizing Officials to Execute. Agreements with Caltrans"  11. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro-Tem Hammer Councimember Kazarian Councilmember Parra Councilmember Rodriquez  12. Closed Session - Pursuant to Government Code Section 54957:  Public Employee Appontmenvempoymen:  Title: Public Works Director (Specific description of position to be filled)  13. Adjournment  Next Ordinance No. 2019-03  Next Resolution No. 2431  CERTIFICATION: 1 Corina Burrola, Deputy City Clerk of the City of Fowler, California, hereby certify that  the foregoing agenda was posted for public review on Friday, May 3, 2019.  Oon Po2 Corina Burrola Deputy City Clerk  3    ITEM  6A  0  TO: FROM: SUBJECT: DATE:  City of Fowler City Council Dawn E. Marple, City Planner Jeffrey O'Neal, AICP, Deputy City Planner  Public hearing to consider Tentative Subdivision Map (TSM) No. 6188 and adoption of a Mitigated Negative Declaration, submitted by Sunshine Raisin Corporation for approximately 30.7 acres at the northeast corner of Adams Avenue and. Armstrong Avenue  May7,2019  - RECOMMENDATION  Staff recommends that the City Council affirms the recommendations of the Fowler Planning Commission to  adopta mitigated negative declaration and approve TSMI No. 6188. II.E BACKGROUND & PROJECT DESCRIPTION  In August 2018, Sunshine Raisin Corporation submitted a tentative map proposing to subdivide the land at the northeast corner of Adams and Armstrong Avenues (APNS 340-130-07 and 340-230-07). Following two reviews by staff, the map and application were deemed complete. TSM No. 6188 proposes 80 single- -family lots on 30.7 acres, plus a remainder parcel of approximately 6,000 square feet. The site is within the City limits andi is zoned R-1-10. Proposed lot sizes range from 10,010 square feet to 15,931 square feet. This range of sizes is consistent with the Ahronian Estates project to the east, the Crestwood Estates project to the northeast, and the The California Subdivision Map Act (Gov. Code Sec. 66410, et seq,) allows local agencies to regulate the design and improvement: of subdivisions, The City's Subdivision Ordinance provides more detailed requirements for design and improvement as well as processing applications. Staff has met with the developer and the project engineer to discuss relevant issues and the resulting configuration generally meets the City's requirements.  Kinsington Estates project to the north.  Points of discussion from the Planning Commission hearing include:  1. East Curtis Avenue. E. Curtis Avenue is the northernmost east-west street in the subdivision and provides connection to Armstrong Avenue. While there: is no issue with E. Curtis Avenue pers se, FUSD has proposed an expansion to Marshall Elementary School across Armsttong Avenue to the west of TSM NO. 6188. That expansion proposes a drive approach approximately opposite the proposed location of E. Curtis Avenue. There is the potential for traffic conflicts at this location. The City has  mentioned the potential conflicts to both the District and the applicant  Fowler City Council  Tentative. Subdivision. Map No. 6188  May7,2019    2. Open Space. General Plan Policy 4.3.16.b requires that single-family projects include 5% open space within the project site, the costs of which can be credited against up to 50% oft the park impact fees that would otherwise be payable. The final map will need to reflect the location of the required open space, the addition of which shall not be considered to affect substantial conformance with the approved In discussions with staff following the Planning Commission hearing, the project engineer has suggested the improvement and dedication ofLots 55-58, Outlot "A,"and the remainder parcel as open space (See Figure 5). The six parcels total approximately 63,275 square feet (1.45 acres), or about 5.4% oft the net 3. Water Treatment. As part oft the City's effort to address TCP: in its water supply, 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 boundary ofTSMI No. 6188 fori installation ofa Staff is currently analyzing the remainder lot to assess whether it would be of sufficient size to house the treatment facilities. Note that the treatment facilities do not generate noise or house hazardous Remainder Lot. What is the future use of the remainder lot and/or how will it be treated to avoid As discussed above, the remainder lot is proposed for dedication to the City. It may be used either as part of the larger open. space component of the subdivision or for installation of water treatment Development OfTIM: No. 6188 is expected to occur over a 2.5-year period with project construction beginning in 2020 and completed by 2022/2023. At 3.2 persons per household, the 80-unit project will accommodate Circulation within the site would bej provided by a system of local streets with one connection to. Adams Avenue and one connection to Armstrong Avenue. The local streets conform to City standards and would be dedicated  tentative map.  project site.  GAC treatment station.  materials. nuisance? facilities.  approximately 256 people.  toand maintained by the City. Surrounding land uses areas follows:  North West South East  Agriculture, Single-Family Subdivision Agriculture, Marshall Elementary School Residences, Fowler High School Single-Family subdivision  AE-20 (County), R-1-10 (City) AE-20 (County), RCO (City) R-1-6, RCO (City) R-1-10 (City)  Proposed Homes Within the Subdivision. The developer is not a homebuilder, and therefore has not provided floor plans or elevations. If approved, the project would likely be sold to a builder, who would be required to comply with the provisions of FMC Section 9-5.1605 related to single-6 family design criteria. The builder will be required to submit elevations for consideration by the Development Review Committee prior to Figure 1 contains an acrial photo showing the project site in relation to other facilities. Figure 2 shows the Fowler General Plan land uses. Figure 3 illustrates the zoning oft the site and vicinity. Figure 4 contains proposed  issuance ofal building permit for any lot within the subdivision.  Fowler City Council  Tentative. Subdivision Map No. 6188  May7,2019    Tentative Subdivision Map No. 6188. Figure 5. lllustrates areas for potential parkland dedication and pedestrian Following a public hearing at its regular mecting on April 4, 2019 the Fowler Planning Commission adopted  connectivity.  Resolution Nos. 637 and 638 recommending that the City Council approve the project.  II. ANALYSIS  Growth Management Policy. In 2004, the City Council adopted a growth management policy to implement the desired growth rate contained in the General Plan without creating adverse effects on City services and the Fowler Unified School District. The policy is to be reviewed with each subdivision application. Policy No. 1 of the Growth Management Policy. states, "The desirable annual population and housing growth rate should not exceed the average of the planned gtowth rate through 2025 of 3% over: any, five-year period (50-60 units), and Even with a mild upswing in the number of dwellings constructed in 2017 and 2018, the City remains well below Fowler Unified School District. Students from the project would attend Marshall Elementary (K-2), Fremont Elementary (3-5), Sutter Middle School (6-8), and Fowler High School (9-12). The school child generation factor within Fowler Unified has ranged between 0.5 and 0.6 students per household, indicating that the proposed project would generate 40 to 48 students. The School District was provided a copy oft the CEQA document for In accordance with State Law, any new development will be subject to school development fees as a condition of building permit to offset potential impacts to schools. These funds, in combination with bond financing authorized by District voters and State assistance will provide facilities and reduce: overcrowding in the long-  should not exceed 6% in any single year (80-90units)." the 3% and 6% growth rates, respectively.  the proposed subdivision and did not provide comments.  term. IV.CEQA  Thej proposed project must be reviewed for compliance with CEQA. The City prepared an Initial Study and, on this basis, determined that thej proposed project will not have significant adverse effects on the environment with incorporation of recommended mitigation. The City has prepared. a proposed Mitigated Negative Declaration in accordance with CEQA requirements. The Initial Study/Mitigated Negative Declaration and mitigation  measures are. attached for Council review.  V. FINDINGS tentative map:  The Subdivision Map Act (Sec. 66474) requires that a City makes the following findings prior to approval ofa  1 That the proposed map is consistent with applicable general and specific plans as specified in Section The proposed project is consistent with the 2004 Fowler General Plan. The Low Density Residential designation prescribes a density of between 0.0 and 3.6 units per acre. TSM No. 6188 proposes a  65451.  Fowler City Council  Tentative. Subdivision Map No. 6188  May7,2019  3    density of apptoximately 2.61 units per acre. Itis also consistent with policies of the General Plan 2. That the design or improvement of the proposed subdivision is consistent with applicable general and The City is empowered to regulate the design and improvement ofs subdivisions by the Subdivision Map Act and the City's Subdivision Ordinance. Based on meetings between staff and the development team the project has been reconfigured to meet the City's design requirements. Conditions of approval will  encouraging development ofin-fill property and lands already within the City limits.  specific plans.  ensure consistency with General Plan standards and policies. 3. That the site is physically suitable for the type of deyelopment.: The site is physically suitable for the type of development.  4. That the site is physically suitable for thej proposed density of development. Thes site is physically suitable for the proposed density of development.  5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure a fish or wildlife habitat. There is no evidence in the record that the project is likely to çause substantial environmental damage. That the design of the subdivision or type of improvements is not likely to cause serious public health There is no evidence in the record that the projectisl likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by thej public at large, for access through Or use of, property within the proposed subdivision.  problems.  The project will not conflict with easements.  With conditions, including those related to open space, all the above findings can be made.  Attachments:  Figure 1-4 Aerial Figure 2- General Plan Figure 3- Zoning Figure 4-TSMI No. 6188 Figure 5-1 Potential Dedications  Fowler City Council  Tentative, Subdivision. Map No. 6188  May7,2019    MAMPMAAA    CAVBuonswys    CAYBuonsryS        DAV, BUOAISWIN    ITEM  6A-1  RESOLUTION NO. 2424 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION ADOPTING Al MITIGATED NEGATIVE DECLARATION FOR TENTATIVE SUBDMMSION MAP NO. 6188 PURSUANT TO THE CALIFORNIA  ENVIRONMENTAL QUALITYACT  WHEREAS, an application for Tentative Subdivision Map No. 6188 has been submitted for APNS 340-130-07 and 340-230-07 located on the northeast corner of Adams and Armstrong  Avenues; and  WHEREAS, the City of Fowler caused to be prepared an Initial Study for the Project to WHEREAS, the City caused to be prepared a Mitigated Negative Declaration for the WHEREAS, the Mitigated Negative Declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seg and the Guidelines for implementation of CEQA, Title 14  evaluate potentially significant adverse environmental impacts; and  Project; and  California Code of Regulations, Chapter 3sections 15000, et seq; and  WHEREAS, a duly noticed public hearing was held on this matter by the Planning WHEREAS, the Planning Commission adopted Resolution No. 637 recommending that  Commission on April 4, 2019; and  the City Council adopt the Mitigated Negative Declaration; and  WHEREAS, the City Council has independently reviewed and considered the Mitigated Negative Declaration and has evaluated and considered all comments, written and oral, received from persons who reviewed the Mitigated Negative Declaration, or otherwise commented on the Project. NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE  PROCEEDINGS, THE COUNCIL RESOLVES AS FOLLOWS:  1. 2. 3.  That it has reviewed the recommendation of the Planning Commission. That the Initial Study and Mitigated Negative Declaration for the Project are adequate and have been completed in compliance with the California Environmental That it has independently reviewed and considered the information contained in the  Quality Act and the State CEQA Guidelines,    Initial Study, and Mitigated Negative Declaration prior to approving the project Finds on the basis oft the whole record before it, including the Initial Study, Mitigated Negative Declaration, and any comments received that there is no substantial evidence in the record that the Project will have a significant effect on the  4.  environment.  BE IT FURTHER RESOLVED that the Fowler City Council hereby adopts the Mitigated Negative Declaration for Tentative Subdivision Map No. 6188 with mitigation measures as Ib hereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the 7th day of May 2019. by  contained in Exhibit*A".  the following vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    Exhibit "A" Mitigation Measures  Mitigation Measure Bio-1: WEAPTraining  Prior to initiating construction activities (including staging and mobilization), all personnel associated with Project construction shall attend mandatory Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in identifying special status resources that may occur in the Project area. The specifics of this program shall include identification of the sensitive species and suitable habitats, a description oft the regulatory status and general ecological characteristics ofs sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area.. A fact sheet conveying this information, along with photographs or illustrations ofsensitive species with potential to occur onsite, shall also be prepared for distribution to all contractors, their employees, and all other personnel involved with construction of the Project. All employees shall sign a form documenting that they have attended WEAP training and understand the information presented to  them.  Mitigation Measure Bio-2: General Pre-construction Survey  Aj pre-construction survey for special status species shall be conducted by a qualified biologist within 30 days prior to the beginning of construction activities. Ifsensitive biological resources are present onsite, the biologist shall establish an appropriate buffer zone and label sensitive resources or areas ofavoidance with flagging, fencing, or other easily visible means. Ifavoidance is not feasible, CDFW  and/or USFWS shall be consulted to determine the best course of action.  Mitigation Measure CUL-1  If, during construction, cultural resources are discovered, all work shall be halted within 50 feet of the discovery. A professional archacologist meeting the Secretary of the Interior's Professional Qualifications Standards inj prehistoric or historical archaeology shall be retained by the City to determine the significance of the discovery. Upon a finding of significance, the City shall implement  the required mitigation (ifa any) as determined by the archacologist.  Mitigation Measure CUL-2:  In the event human remains are encountered during construction activities, all work within the vicinity of the remains would halt in accordance with Health and Safety Code $7050.5, Public Resources Code $5097.98, and Section 15064.5 of the CEQA Guidelines, and the Fresno County  coroner's office would be contacted.    ITEM  6A-2  RESOLUTION NO. 2425 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION APPROVING TENTATIVE SUBDIVSION MAP NO. C 6188  WHEREAS, an application for Tentative Subdivision Map No. 6188 has been submitted for APNs 340-130-07 and 340-230-07 located on the northeast corner of Adams and Armstrong  Avenues; ;and  WHEREAS, a duly noticed public hearing was held on this matter by the Planning WHEREAS, the Planning Commission adopted Resolution No. 638 recommending that WHEREAS, an Initial Study/Mitigated Negative Declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seg and the Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3sections 15000, et seq and  Commission on April 4, 2019;and  the City Council approves Tentative Subdivision Map No. 6188; and  WHEREAS, the City Council has adopted Resolution No. 2424 adopting the Initial WHEREAS, the City: Council has made the following mandatory findings for the Tentative That the proposed map is consistent with applicable general and. specific plans as specifed. in. Section 65451 Tbe design or improvement ofihe propased. subdivision is consistent with applicable general and specific plans.  Study/Mitigated Negative Declaration; and  Map approval as prescribed by the State Subdivision Map Act (Sec. 66474):  1. 2. 3. 4. 5. 6. 7.  with approval General) Plan. Amendment, No. 10-01.  That the. site is pbysically. suitable for tbe bpe gf development. Thal the site is pysically. suitable for the proposed densily of development. environmental. damage or. substantially and avoidably injum aj fish or wildlife babitat.  That: the design of the subdivision or the propased improvements are not likel to cause substantial That the design of the subdivision or lype of improvements is nol likely to cause serious public bealth That tbe design of tbe. subdivision or the bype gf improvements will not comflicl with easements, acquired by tbe  problems.  public at large,) for access tbrough or MSe Oh properly witbin the proposed. subdivision.    WHEREAS, the City Council as a result of its inspections, investigations, and studies made on its behalf and of testimonies offered at said hearing and the recommendation of the Planning Commission, has established that the best interests of the City of Fowler and ofi its residents is to NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL HEREBY APPROVES Tentative Subdivision Map No. 6188 as shown on Exhibit" "A" and subject to the Conditions of Approval attached as Exhibit "B." Ib hereby. certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the 7th day of May 2019 by  approve Tentative Subdivision Map No. 6188.  the following vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    Exhibit "A"  Tentative Subdivision Map No. 6188    Exhibit "B"  Conditions of Approval ITSM No. 6188  General: 1. 2. 3. 4.  All conditions of the applicant shall be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards. That the applicant pays all fees as required by existing ordinances and schedules. That all water wells and septic systems that served the property be abandoned pursuant toi The developer shall continually maintain the existing pavement keeping it clear of dirt, dust, and mud until the subdivision or phase is accepted by the City and shall install gravel filters with minimum 1-inch base rock at each construction entrance extending across the entrance As many energy-conserving features as possible shall be included in the project. Examples include, but are not limited to, increased wall and ceiling insulation, EPA-certified fireplace inserts and/or wood stoves or natural gas fireplaces, electrical and natural gas outlets installed around the exterior of the units to encourage use of electric yard maintenance equipment and gas-fired barbeques, and each home wired for computers/interet and To reduce construction noise, construction contracts shall require that all equipment be maintained according to the manufacturers' specifications, and that noise-generating Hours of construction shall be limited to the hours of 6:00 am to. 7:00 pm, Monday through The developer shall provide concrete pads and walkway within the side yards adjacent to garages for the placement of trash/recycling containers behind the rear yard fences/gates. All trash/recycling containers shall be placed out of public view except on the days of collection. The developer shall disclose this requirement to the future homeowners within Crosswalks shall be provided to ensure pedestrian safety in areas determined by the City Engineer, Public Works Director and Community Development Director and these crosswalks shall be decorative such thermoplastic pavement striping and/or stamped and 10. Projects shall include all street lights, street signs, stop signs, and other designated by thei City for street call names and traffic control. All signs shall be provided per City Municipal 11. The developer shall annex to the City Lighting and Landscape Maintenance District or a 12. Fire hydrants shall be spaced not to exceed 400 feet 011 center and shall be valved separately from the water main. Locations shall be approved by the City Engineer, Fire Chief, and the  City, County, and State standards.  and a minimum of55-feeti into the site.  5.  electronic meter reading.  6. 7. 8.  equipment be equipped with mufflers.  Saturday.  the subdivision.  9.  colored concrete.  Code and shall be in like kind constructed on adjacent streets. Community Facilities District as deemed appropriate by the City Engineer.  City of Fowler.    Final Map:  13. Within 24 months of tentative map approval, the developer may cause to be filed with the 14. The design and improvement of the subdivision shall conform to Titles 1 through 15 of the City of Fowler Subdivision Ordinance and to the City of Fowler Standard Specifications ("Standard Specifications") unless otherwise specified in these conditions. 15. The applicant shall enter into a subdivision agreement with the City if the final map is approved prior to completion and acceptance of the public improvements. 16. A right-to-farm covenant shall be recorded prior to recordation of the final map. 17. The minimum frontage of each lot shall comply with the City of] Fowler Zoning Ordinance. 18. Lots backing onto Adams Avenue and Armstrong Avenue shall have no access to said 19. Since the tentative subdivision map for TSM No. 6188 does not designate or indicate any phasing, the conditions are based on a total development of all 80 lots. If the development 1S to be phased, the developer shall modify the vesting tentative map to indicate phase lines to be approved by the City Engineer. If phased, the tentative map shall not be subject to new conditions of approval, but the City may require that any or all of the approved conditions 20. Street names shall be verified by City staff prior to finalizing the final map. Street names shall be consistent with streets along similar alignments throughout the City. 21. All development fees in effect at the time of permitting shall be applied to the development of this subdivision, including plan check, map, development, school and park fecs, and all  City a final map.  streets.  be applied to any proposed phase.  connection fees for sewerand water.  Circulation:  22. The developer shall mitigate the project's traffic impacts at the intersection of Adams Avenue/ Armstrong Avenue through payment of a fair share contribution to intersection 23. Developer shall construct curb, gutter and a 5-foot sidewalk continuously from Adams Avenue to the northern boundary of the proposed tract including across frontages of developed areas. A pavement overlay may be required beyond the centerline to provide for a smooth transition. Transition grade greater than 4 percent will not be allowed. The street section shall be striped for two-way traffic and approved by the City of Fowler. 24. Additional street right-of-way shall be dedicated such that an 80-foot right-of-way is 25. Adams Avenue shall be constructed to provide one travel lane, a bike lane, and an 8-foot shoulder in the eastbound direction and one travel lane in the west bound direction along 26. Developer shall construct curb extensions to calm traffic at the intersection of N. Lake Lane 27. LED street lights be constructed along Adams Avenue and Armstrong Avenue along the 28. Local street pavement section shall be a minimum of 2.5 inches of hot mix asphalt over 5 29. Traffic and street signs shall be installed by the Owner/Developer: per City requirements.  improvements.  provided along Adams and Armstrong Avenues.  the frontage of the project. /E. Curtis Avenue. frontage oft the project.  inches of Class II aggregate and verified by a project soils report.    Water:  30. A looped water system be developed within the subdivision and be tested and accepted by the City. of Fowler Public Works Department. Each parcel shall be equipped a water 31. All interior water mains shall be an 8-inch water main and loop within each phase of development. The completed interior water system shall be connected to the 12-inch water 32. Fire hydrants shall be installed at 300-foot intervals at the locations specified by the Fire 33. Two water sample stations shall be installed within the subdivision at the locations specified 34. The developer shall pay for a water supply study to determine if a water well is required to serve this project. Ifitis determined that a water well is required, the project shall dedicate to the City of Fowler real property for a water well site within the project. The developer shall also design and construct a water well and dedicate to City of Fowler upon acceptance of construction. Water well improvements would be eligible for reimbursement in  meter/box.  mains in the major collector streets at each entrance street.  Chief and City Engineer. by the Public Works Director.  accordance with City ordinances.  Sewer:  35. That the developer complies with the conditions set forth by Selma- Kingsburg-Fowler  County Sanitation District.  Grading and Drainage:  36. A grading and drainage plan shall be submitted for review and approval by. the City Engineer. The developer shall obtain a grading permit for all on-site grading work. 37. The developer's engineer shall provide drainage calculations for the subdivision. A temporary basin located north of the tract is proposed. The temporary basin area shall have a covenant placed over it to restrict its use to accepting and storing drainage from the proposed tract. Additionally, piping shall be installed within the subdivision to facilitate future abandonment of the drainage basin in the Ahronian tract such that the drainage from this basin can be directed through the tract to the larger regional basin in Tract 5090. Additionally, the developer shall agree to maintain the temporary basin for the duration ofits 38. The developer's engineer shall submit a storm drain plan and hydraulic calculations showing location ofinlets, manholes, and pipelines (including sizing) to City Engineer for review and 39, The developer 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 to the start of construction. Developer shall supply City with the approved SWPPP and WDID number. 40. As a part of the mitigation measures for soil erosion, the developer shall be responsible for  use related to this proposed tract.  approval prior to preparation ofimprovement plans.  street sweeping during the one-year warranty period.  Aesthetics:    41. A landscape and irrigation plan shall be submitted for review and approval by the City Engineer for the areas along the frontage of Armstrong Avenue and Adams Avenue. 42. A 6-foot high decorative block wall shall be constructed or lots adjacent to Adams Avenue and Armstrong Avenue. Block walls shall be treated with an approved anti-graffiti coating 43. Area comprising a minimum of 5% of the total project site shall be reserved and developed as open space. Proposed improvements shall include benches, play structure, concrete 44. The developer shall provide front yard landscaping and irrigation prior to occupancy. The automatic irrigation systems shall include enough stations, including controllers, wiring, and valves with irrigation main line stub to accommodate the rear yards for the homes. 45. One medium-sized tree (20-40 foot canopy at full growth) shall be provided on each interior lot front yard. Two medium-sized trees shall be provided for each corner lot, with one placed on each street frontage. The trees shall be sO placed as to provide shade to the street 46. A decorative wood fence with stone pilasters shall be provided for all other street-side yards 47. The remainder parcel shall be maintained free of debris, weeds, and other nuisance conditions. If, in the determination oft the City, the site becomes and remains a nuisance, the developer may be required to install and maintain screening in the form of fencing,  and/or screened with vines as approved by the City Engineer. flatwork and landscaping as approved by the City Engincer.  atf full growth. within the subdivision.  landscaping, or other means.  Utilities:  48. All existing overhead utilities adjacent to the subdivision shall be undergrounded including all areas continuously from Adams Avenue to the northern boundary of the proposed tract 49, The 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 shall be provided by the developer and maintained by the City pursuant to 50. Developer shall work with PG&E for the preparation ofa 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  including across frontages of developed areas.  PG&E rate schedule LS2C.  reopened for service.  Irrigation:  51. Any irrigation pipelines 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. 52. All abandoned irrigation lines serving the property shall be removed.  Hold Harmless and Indemnification Condition:  53. Hold Harmless and Indemnification Condition. Approval of this Project is for the benefit of the Applicant. The submittal of applications by the Applicant for this Project was a voluntary act on the part of the Applicant not required by the City. Therefore, as a condition    ofapproval of this Project, the Applicant agrees to defend, indemnify and hold harmless the City of Fowler and its agents, officers, consultants, independent contractors: and employees ("City") from any and all claims, actions or proceedings against the City to attack, set aside; void, or annul an approval by the City concerning the Project, and for any and all costs, attorney's fees, and damages arising therefrom (collectively "Claim"). The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defensé. If the City fails to promptly notify the Applicant ofany Claim or if the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, 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 decides to independently defend a Claim, the Applicant shall be responsible for City's attorney's fees, expenses of] litigation and costs for that independent defense. Should the City decide to independently defend any Claim, the Applicant shall not be required to pay or perform any settlement arising from any  orl hold harmless the City.  such Claim unless the Applicant approves the settlement.  Signature of Applicant:  Date:    ITEM  6B=  90  TO: FROM: SUBJECT:  City of Fowler City Council Dawn E. Marple, City Planner Jeffrey O'Neal, AICP, Deputy City Planner  Public hearing 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 ofa Mitigated Negative Declaration, submitted by RJ Hill for approximately 67.17 acres at the southwest corner Sumner. Avenue and Sunnyside  Avenue and the northeast corner of Parlier Avenue and Sunnyside. Avenue.  DATE:  May 7,2019  - RECOMMENDATION  Staff recommends that the City Council affirms the recommendations of the Fowler Planning Commission to adopt a mitigated negative declaration, deny General Plan Amendment No. 19-01, approve Rezone No. 19-01,  approve TSM No. 6188, and initiate annexation to the City of Fowler. II.E BACKGROUND & PROJECT DESCRIPTION  Since 2010, RJ Hilll has proposed a number of alternatives to subdivide the land at the southwest corner of South and Sunnyside Avenues (APN 345-100-19s). Most recently, in 2017 the City Council denied on appeal a 171-lot planned development. Pursuant to further discussions, RJ Hill has submitted a revised tentative map generally Revised Vesting Tentative Subdivision MapNo. 5952 proposes 143 single-family lots on 39.91 acres (APN: 345-100-19s). That acreage includes a triangular remainder in the southeast corner of the lot, including the Kirby Canal easement, of approximately 4.2 acres in size that is not proposed for development Lot sizes range from 6,300 square feet to 13,793 square feet, which is consistent with the previous RJ Hill subdivision that has been The California Subdivision Map Act (Gov. Code Sec. 66410, et seq) allows local agencies to regulate the design and improvement of subdivisions. The City's Subdivision Ordinance provides more detailed requirements for design and improvement as well as processing applications. Staff has met with the developer and the project engineer to discuss relevant issues and the resulting configuration generally meets the City's requirements.  consistent with direction provided by staff, thel Planning Commission, and the City Council:  constructed to thei immediate east oft this project.  Remaining points of discussion include:  Fowler City Council  Revised Vesting Tentative Subdivision Map No. 5952  May7,2019  1    1.  Open Space. General Plan Policy 4.3.16.b requires that single-family projects include 5% open space within the project site. This is in addition to any required development fees. The final map will need to reflect the location of the required open space, the addition of which shall not be considered to affect Pedestrian Access: Since a new elementary school and community park will be just north of the property, the map should consider pedestrian access to the school and intersection crossing issues at Remainder Lot What is the future use: of the remainder lot and/or how will it be treated to avoid nuisance? The City Engineer requested that the developer consider a multi- use area in southwest corner of property to be used for storm drainage and water recharge activities in conjunction with new pipeline Randy_Avenue The alignment of Randy Avenue adjacent to the Kirby Canal easement will leave homes to the north with a view across a street to an agticultural field. What is the proposed treatment along Traffic Study: The City required the: developer to prepare a traffic study but has now completed a regional study that includes TTM No. 5952. The developer will be required to reimburse the City a "fair share" of the study's cost as well as install recommended improvements and/or pay traffic Storm Drain Hydrology Calculations: Provide storm drain hydrology calculations to determine how much capacity will bei needed for the project, and where this capacity might be available. City Engineer to provide direction on proper "C" coefficient to use in calculation. Storm Drain hydraulic calculations toj properly identify proposed pipe sizes and locations within the street layout and lotting pattern. Potable Water Model Preparation: Developer to pay pro-rata share. Outcome of water model study could be requirement of a new water well or other facilities west of State Route 99 with development of  substantial conformance with the approved tentative map.  2, 3.1  South and Sunnyside.  as proposed by the Consolidated Irrigation District.  4.  Randy. Avenue to protect these homes from noise and dust?  mitigation fees generated from the study.  6.  7.  TTMI No. 5952.  Adjacent land uses and zoning are (see Figure 3):  North West South East  Agriculture, Planned School/Park Site AE-20 (Fresno County)  Agriculture Agriculture Single-family subdivision  AE-20 (Fresno County) AE: 20 (Fresno County) R-1-7 (City of Fowler)  Proposed Homes Within the Subdivision. The developer has submitted a detailed and comprehensive set of proposed site plans and elevations for the homes proposed within the subdivision. These clevations are shown in Figures 6-8. This would provide a variation within the subdivision in terms of housing style, number of  stories, and setbacks. Three "series" are proposed:  The 100: Series offers five floor plan options and four architectural options. All 100 Series homes would be constructed on 60' lots and are single story. Home sizes range from 1,309 square feet to 1,641 square The 200 Series offers four floor plans and six architectural options. All 200 Series homes would also be  feet.  Fowler City Council  Revised Vesting Tentative. Subdivision Map No. 5952  May7,2019  2    built on 60 lots; three of the floor plans are single story and one is 2-stories. Home sizes range from The 600 Series offers four floor plans and six architectural options. The 600 Series homes are the only 50 lot options; one of the floor plans is single story and three are 2-stories. Homes sizes range from In all, there are a combination of 68 floor plans and elevations with homes ranging in size from 1,309 to 2,918: Development OfTTMI No. 5952: is expected to occur over: a four-year period with project construction beginning in 2020 and completed by 2024. At 3.2 persons per household, the 143-unit project will accommodate Circulation within the site would be provided by a system ofl local streets with one connection to South Avenue and two connections to Sunnyside Avenue. The local streets conform to City standards and would be dedicated General Plan Amendment No. 19-01. The applicant proposes to amend the General Plan Land Use designation from Medium Low to Medium Density (APN 345-100-19S). Following the General Plan/Residential Zoning Consistency Table (see below), this would allow: a change ofz zone to R-1-6 (One Family Residential 6,000 square foot minimum lot size) to accommodate the requested minimum lot size. However, per the Table, the R-1-7 zone district (One Family Residential - 7,000 square foot minimum lot size) is "most The site for TTMI No. 5952 is designated Medium Low Density residential on the General Plan. While the gross parcel size is 39.91 acres, a "remainder lot" of approximately 4.2 acres is not çonsidered a part of the map and the net site size for the subdivision is therefore 35.71 acres. With 143 lots, the density of the project is 4.00 units/acre. The following table is taken from the General Plan and shows consistent zone districts for residential  1,830 square feet to 2,918 square feet and 3-car garages are an option.  1,461 square feet to 2,666 square feet.  square feet.  approximately 457 people. Homes sizes would range from 1,309 to 2,918 square fect:  toand maintained by the City.  compatible" with the Medium Low Density designation.  designations.  General Plan/Residential, Zoning Consistency Table  Plan Designation Residential Low Density Medium Low Density Medium Density High Density  Consistent Zone District  Consistent Density Units/Gross Acre Q.0-3.6 3.7-5.5 5.6-13.5 13.6-21.8  R-1-10,R-1-12 R-1-7,R-1-85,R-1-10 MISMI4MAR2AE R-2,R-3-A,R-3  Source: Table 5-1 oft the Land Use Element of the Fowler General Plan  Itis also important to consider the definitions of residential land use categories contained in the General Plan  Land Use Element which are summarized below:  Medium Low Density: Housing is this density range is typical of recent subdivisions built in Central Valley communities. The intent of this classification is to provide locations for construction of  Fowler City Council  Revised Vesting Tentative Subdivision Map No.. 5952  May7,2019  3    single-family homes with a minimum lot size of7,000 square feet ranging to 10,000 square feet. Because: housing at this density reaches the largest residential market, it is expected to account for about half of alll housing added during the next twenty years. The most compatible zone district is R-1-7. Medium Density: This category recognizes that small lot single family and low density multifamily units will make up an. increasing percentage of the City's housing stock. Lots as small as 5,000 square feet would be permitted. Mobile home parks and apartments within this density range will meet the needs of many households without the financial means or the desire to be homeowners. The most compatible While the density oft the project is based on R-1-6: zoning and falls within the range of Medium Low Density, the R-1-6 zone is not listed as "most compatible" with that density designation. However, as illustrated on the map, typical development in the R-1-6 zone district will not reach the 5.5-unit-per-acre minimum required to comply with the Medium Density land use. Staff1 believes thati iti is of utmost importance that the density oft the project falls within the range prescribed by the General Plan land use, more sO than that the zone district be listed as "most compatible" on Table 5-1. Therefore, staff contends that the project is consistent with the Medium Low Density land use and that General Plan Amendment No. 19-01 should be denied; the remainder of the project Rezone (prezone) No. 19-01. The applicant proposed to amend the zoning map to reflect the R-1-6 zone district for. APN 345-100-19S and the R-1-7 zone district for APN 345-100-07. Zoning would become effective Annexation No. 19-01. The project site is within the City's Sphere of Influence and is adjacent to the SOI boundary on the west and south. The: Fresno Local Agency Formation Commission (LAFCO) will consider a request for annexation once the City has approved the project and initiated the annexation process. At the request of the applicant, the subject parcel as well as APN 345-100-07, a 28.67-acre parcel located southeast of The tax-sharing MOU between Fresno County and the City requires that at least 50% of land proposed for annexation bei subject to a land use. entitlement such as a tentative tract map. In this case, VTSM No. 5952 on 39.91 acres would allow the 28.67-acre second parcel to also be annexed. APN 345-100-07 is designated Medium Low Density and would be pre-zoned R-1-7. When development is proposed on this parcel, analysis of Should the project be approved, an application will be prepared, and fees will be paid by the applicant to LAFCo, TTM No. 5834: On January 15, 2008 the City Council approved Vesting TTM No. 5834: for approximately 40 acres located on the northeast corner of South and Sunnyside (APN 343-040-68). The map is within the City limits and was annexed in 2005. The project was purchased by K Hovnanian and its first phase is being Figure 1 contains an aerial photo showing the project site in relation to other facilities. Figure 2 shows the Fowler General Plan land uses. Figure 3 illustrates the zoning of the site and vicinity. Figure 4 shows Revised Following a public hearing at its regular meeting on April 4, 2019 the Fowler Planning Commission adopted:  zone districts are R-1-5, R-1-6, R-1-7,R-2-A, and R-MP.  could be approved and proceed accordingly.  with recordation of the annexation to the City.  the VTSM No. 5952 site, would be annexed (approximately 67.17 acres in total).  the development plan and environmental review will be required by the City.  which would conducti its own hearings on the annexation.  constructed.  Vesting Tentative Subdivision Map No. 5952  Fowler City Council  Revised Vesting Tentative Subdivision Map No. 5952  May7,2019  4    Resolution No. 639 recommending that the City Council adopts the Initial Study/Mitigated Resolution No. 640 recommending that the City Council denies General Plan Amendment No. Resolution No. 641 recommending that the City Council approves Rezone No. 19-01. Resolution No. 642 recommending that the City Council approves Revised Vesting Tentative  Negative Declaration. 19-01.  Map No. 5952.  III. ANALYSIS  Growth Management Policy. In 2004, the City Council adopted a growth management policy to implement the desired growth rate contained in the General Plan without creating adverse effects on City services and the Fowler Unified School District. The policy is to be reviewed with each subdivision application. Policy No. 1of the Growth Management Policy states, The desirable annual population and housing growth rate should not exceed the average of the planned growth rate through 2025 of3% over any five-year period (50-60 units), and Even with a1 mild upswing in the number of dwellings constructed. in 2017 and 2018, the City remains well below Fowler Unified School District. Students from the project would attend Marshall Elementary (K-2), Fremont Elementary (3-5), Sutter Middle School (6-8), and Fowler High School (9-12). The school child generation factor within Fowler Unified has ranged between 0.5 and 0.6 students per household, indicating that the proposed project would generate between 72 and 86 students. Fowler Unified and the City of Fowler are working towards the eventual development of the 20-acre parcel site directly to the north across South Avenue from the project with an elementary school and park site; construction of this elementary school would be expected in 2022-24 and students from the proposed project may attend this school. The School District was provided a Copy of the In accordance with State law, any new development will be subject to school development fees as a condition of building permit to offset potential impacts to schools. These funds, in combination with bond financing authorized by District voters and State: assistance: will provide. facilities and reduce overcrowding in the long-  should not exceed 6% in any single year (80-90 units)." the 3% and 6% growth rates, respectively.  CEQA document for the proposed subdivision and did not provide comments.  term. IV. CEQA  Thej proposed project must be reviewed for compliance with CEQA. The City prepared an Initial Study and, on this basis, determined that the proposed project will not have significant adverse effects on the environment with incorporation of recommended mitigation. The City has prepared a proposed Mitigated Negative Declaration in accordance with CEQA requirements. The Initial Study/Mitigated Negative Declaration and mitigation measures are attached for Council review. The CEQA analysis did not include development of APN 345-100- 07;any future development of that property would be subject to independent CEQA review.  V. FINDINGS  Fowler City Council  Revised Vesting Tentative Subdivision Map No. 5952  May7,2019  5    The Subdivision Map Act (Sec. 66474) requires that a City makes the following findings prior to approval ofa  tentative map: 1.  That the propased map is consistent witb applicable general and spezific plans as. specifed in. Section 65451. The project proposes 143 lots on 35.71 acres for a density of 4.00 units per acre. This falls squarcly That the derign or improvement, of the proposed. subdivision is consistent witb applicable general and. specific plans. The City is empowered to regulate the design and improvement ofs subdivisions by the Subdivision Map Act and the City's certain requests by staff of the developer to consider re-design and provide needed information have not been provided. In particular, the project must contain open space and certain lot  within thel Medium Low Density range of3.7-5.5 units per acre.  2.  frontages have insufficient width.  3. 4. 5.  That the. site is physically suitable for the bype f develpment. The site is physically suitable for the type of development. That tbe. site is pbyically suitable for the pmposed densily of development. The site is physically suitable for the proposed density of development.  That the derign ofi tbe subdivision or tbe proposed improvements are not likely to cause. substantial environmental. damage or There is no evidence in the record that the project is likely to cause substantial environmental damage. Tbal the design of tbes subdivision or bpe of improvements is not likeb to cause serious public bealtb problems. There is no evidence in the record that the project is likely to cause serious public health problems. That the derign of the subdivision or tbe bype of improvements will not conflict with easements, acquired b tbe public at  substantially and avoidably injure aj fisbe or wildlije babitat.  7.  laga.fora access through or MSe oh property witbin thej proposed. subdivision. Thej project will not conflict with easements.  With conditions, including those related to open space and lot dimensions, all of the above findings can be made.  Attachments:  Figure 1- Aerial Figure 2- General Plan Figure 3 - Zoning Figure 4 -TSMI No. 6188  Fowler City Council  Revised Vesting Tentative Subdivision Map No. 5952  May 7 2019  6    6  OAV apisAuunss  OAy SIAOID S  K    - 2   DAVIH  PAVApues PAVUPIVOWIS  OAV episAuuns S  OAY $14919S        19    ITEM  6B-1  RESOLUTION NO. 2426 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR REVISED VESTING TENTATIVE SUBDIMISION MAP NO. 5952 PURSUANTTO1 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT  WHEREAS, an application for Revised Vesting Tentative Subdivision Map No. 5952 has been submitted for APN 345-100-19S located at the southwest corner of Sumner and Sunnyside  Avenues; and  WHEREAS, the City of Fowler caused to be prepared an Initial Study for the Project to WHEREAS, the City caused. to be prepared a Mitigated Negative Declaration for the WHEREAS, the Mitigated Negative Declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq and the Guidelines for implementation of CEQA, Title 14  evaluate potentially significant adverse environmental impacts; and  Project; and  California Code of Regulations, Chapter 3sections 15000, et seq; and  WHEREAS, a duly notiçed public hearing was held on this matter by. the Planning WHEREAS, the Planning Commission adopted Resolution No. 639 recommending that  Commission on April 4, 2019;and  the City Council adopts the Mitigated Negative Declaration; and  WHEREAS, the City Council has independently reviewed and considered the Mitigated Negative Declaration and has evaluated and considered all comments, written and oral, received from persons who reviewed the Mitigated Negative Declaration, or otherwise commented on the Project. NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE  PROCEEDINGS, THE COUNCIL RESOLVES AS FOLLOWS:  1. 2. 3.  Thati it has reviewed the recommendation of the Planning Commission. That the Initial Study and Mitigated Negative Declaration for the Project are adequate and have been completed in compliance with the California Environmental That it has independently reviewed and considered the information contained in the  Quality Act and the State CEQA Guidelines,    Initial Study and Mitigated Negative Declaration prior to approving the project Finds on the basis of the whole record before it, including the Initial Study, Mitigated Negative Declaration, and any comments received that there is no substantial evidence in the record that the Project will have a significant effect on the  4.  environment.  BE IT FURTHER RESOLVED that the Fowler City Council hereby adopts the Mitigated Negative Declaration for Revised. Vesting Tentative Subdivision Map No. 5952 with mitigation measures as contained in Exhibit*A", which have been incorporated into the Project Conditions of Ihereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held 011 the 7h day of May 2019 by  Approval.  the following vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    Exhibit "A" Mitigation Measures  1.  All outdoor lighting shall be hooded and arranged in such a manner as to not create. glare onto adjacent properties. Such lighting shall be maintained. Street lights shall The applicant shall submit a Landscape and Irrigation plan for public areas of the project for City review and approval, to include tree planting along the South and Sunnyside frontages. In addition, city standards require the developer provide front yard landscaping and such plans shall be reviewed and approved by the City. Development of TTM No. 5834 shall be considered prior to approving annexation AR Right-to-Farm covenant shall be recorded for each lot within TTM: No. 5952. A person shall be designated by the builder to monitor dust control to prevent transport of dust offsite. The builder shall provide the name and telephone number of such person to the City Building Official prior to commencement of All material excavated or graded shall be watered to prevent dust emissions. The developer shall be responsible for watering in the event of high winds or watering During construction, all areas of vehicle movement shall be watered to prevent dust emissions. The frequency of watering shall be increased when wind speeds exceed 15 miles per hour if soils are not completely wet. If wind speeds increase such that dust control measures are not effective, construction shall be suspended. All disturbed areas on the site not being actively utilized for construction, including storage piles, shall be stabilized to prevent dust emissions using water, chemical sublizer/suppresant, covered with a tarp or other suitable cover or vegetative Mud or dirt shall be removed from adjacent public streets at the end of each workday- Track out shall be immediately removed when it extends 50 or more feet from the site. Gravel pads shall be installed at all access points to prevent tracking  be provided as required by the City Engineer.  2.  3. 4. 5.  and development OfTTM No. 5292 and APN 345-100-07.  construction.  6.  needs after normal working hours.  7.  8.  ground cover.  9,  ofmud onto public roads.  10. After clearing, grading, earth moving, or excavation is completed, the disturbed area shall be treated by watering, re-vegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur.  11. The developer shall contract with construction firms with fleets that meet the emissions reduction requirements set by District Rule 9510 (20% reduction of NOx  emissions and 45% reduction ofPM,o emissions).    12. The following air emissions reduction measures shall be depicted on building plans:  Provide a pedestrian-trendly and interconnected streetscape to make Provide good access to/from the development for pedestrians, bicyclists,  walking more convenientand: safe. and transit users.  13. The applicant shall provide the City of Fowler with a copy of an approved. Air Impact Assessment Application as evidence of compliance with Rule 9510 Indirect  Source Review.  14. Prior to issuing a grading permit, the developer shall provide a pre-construction biological survey prepared by a biologist acceptable to the California Department of Fish and Wildlife focused on burrowing owl, Swainson's hawks and other nesting raptors and migratory birds and San Joaquin kit fox. The applicant and City shall  follow. any recommendations contained in the survey.  15. If, during construction, cultural resources are discovered, all work shall be halted within 50 feet of the discovery. A professional archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards in prehistoric or historical archaeology shall be retained by the City. to determine the significance of the discovery. Upon a finding of significance, the City: shall implement the required  mitigation (ifany) as determined by the archacologist.  16. In the event human remains are encountered during construction activities, all work within the vicinity of the remains would halt in accordance with Health and Safety Code $7050.5, Public Resources Code $5097.98, and Section 15064.5 of the CEQA Guidelines, and the Fresno County coroner's office would be contacted.  17. An Engineered Grading and Drainage Plan shall be required to show how additional stormwater run-off generated by the proposed development will be handled without  adversely impacting adjacent properties.  18. A Grading Permit shall be required for any grading proposed with this project. 19. The Sunnyside/Sumner: Avenue intersection is projected to operate at unacceptable LOS "D" in the PM peak hour. The following mitigation would provide acceptable  LOS for both peak hours: Install additional lane  ol Provide southbound left turn pocket (LOS "C')  20. The Fowler City Engineer has determined an estimated "fair share" mitigation fee which addresses the impacts OfTTM No. 5952 on study intersections and roadway segments. For TTM No. 5952, the preliminary fair share mitigation fee is estimated at $405,495, or approximately $2,371/unit. The fees include improvements to    Caltrans' facilities at the Merced/99 on and off-ramps. Not included are improvements to the Adams/99 interchange or the South Avenue overcrossing as these improvements have not been approved by Caltrans, are long-term, and no designs Or cost estimates have been developed. Also not included is future traffic mitigation for development on APN 345-100-07. At the time of a specific development proposal, a traffic analysis will be conducted to determine "fair share"  for that project.    ITEM  6B-2  RESOLUTION NO. 2427 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION DENYING GENERAL PLAN AMENDMENT NO. 19-01 FORASSESSORS PARCEL NO. 345-100-19S  WHEREAS, a general plan amendment application has been submitted requesting a change from Medium Low Density Residential to Medium Density Residential for APN 345-100-19S  located on the southwest corner of Sunnyside and South Avenues; and  WHEREAS, 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;and  WHEREAS, a duly. noticed public hearing was held on this matter by the Planning WHEREAS, the Planning Commission adopted Resolution No. 639 recommending that WHEREAS, the City. Council, after reviewing the staff report prepared pursuant to the request, which is herein incorporated by reference, along with the recommendation of the Planning Commission, has determined that it is in the best interests of General Plan and zoning consistency and the surrounding neighborhood to deny General Plan Amendment No. 19-01 requesting to change the designation of APN 345-100-19S from Medium Low Density to Medium Density NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCBEDINGS, THE COUNCIL DENIES General Plan Amendment No. 19-01. Ih hereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the 7th day of May 2019 by  Commission on April 4, 2019; and  the City Council denies General Plan Amendment No. 19-01; and  Residential as requested.  the following vote: AYES: NAYS: ABSTAIN: ABSENT:    Mayor  Attest:  City Clerk    Exhibit A" Mitigation Measures  Mitigation Measure Bio-1: WEAP Training  Prior to initiating construction activities (including staging and mobilization), all personnel associated with Project construction shall attend mandatory Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in identifying special status resources that may occur in the Projectarea. The specifics of this program shall include identification oft the sensitive species and suitable habitats, a description of the regulatory status and general ecological characteristics ofs sensitive resources, and review ofthe limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information, along with photographs or illustrations of sensitive species with potential to occur onsite, shall also be prepared for distribution to all contractors; their employees, and all other personnel involved with construction of the Project. All employees shall sign a form documenting that they have attended WEAP training and understand the information presented to  them.  Mitigation Measure Bio-2: General Pre-construction Survey  Aj pre-construction survey for special status species shall be conducted by a qualified biologist within 30 days prior to the beginning of construction activities. Ifsensitive biological resources are present onsite, the biologist shall establish an appropriate buffer zone and label sensitive resources or areas ofavoidance with flagging, fencing, or other easily visible means. Ifavoidance is not feasible, CDFW  and/or USFWS shall be consulted to determine the best course ofaction.  Mitigation Measure CUL-1  If, during construction, cultural resources are discovered, all work shall be halted within 50 feet of the discovery. Aj professional archacologist meeting the Secretary of the Interior's Professional Qualifications Standards inj prehistoric or historical archacology shall be retained by the City to determine the significance oft the discovery. Upon a finding of significance, the City shall implement  the required mitigation (ifany) as determined by the archaeologist.  Mitigation Measure CUL-2:  In the event human remains are encountered during construction activities, all work within the vicinity of the remains would halt in accordance with Health and Safety Code $7050.5, Public Resources Code $5097.98, and Section 15064.5 of the CEQA Guidelines, and the Fresno County  coroner's office would be contacted.    ITEM  6B-3  ORDINANCE NO.2019-02  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING THE OFFICIAL ZONING MAP OFTHE CITYTO 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 Parçel 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 "Ab hereto.  newspaper of general circulation.  The foregoing ordinance was introduced at a meeting of the City Council of Fowler held on1 the 7hh 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    JA    GE    ITEM  6B-4  RESOLUTION NO. 2428 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTIONAPPROVNG REVISED VESTING TENTATIVE SUBDIMISION MAP NO. 5952  WHEREAS, an application for Revised vesting Tentative Subdivision Map No. 5952 has been submitted for APN 345-100-19S located on the southwest corner of Sumner and Sunnyside;  and  WHEREAS, a duly noticed public hearing was held on this matter by the Planning WHEREAS, the Planning Commission adopted Resolution No. 642 recommending that WHEREAS, an Initial Study/Mitigated Negative Declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq, and the Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3, Section 15000, et seq; and  Commission on April 4, 2019; and  the City Council approves Revised Vesting Tentative Subdivision Map No. 5952; and  WHEREAS, the City Council has adopted Resolution No. 2426 adopting the Initial WHEREAS, the City Council has made the following mandatory findings for the Tentative That the proposed map is consistent witb applicable general and specific plans as sbecified in Section 65451 The design or improvement of the proposed. subdivision is consistent witb. qpplicable general and specific plans.  Study/Mitigated Negative Declaration; and  Map approval as prescribed by the State Subdivision Map Act (Sec. 66474):  1. 2. 3. 4. 5. 6 7.  with approvalo ofGeneral Plan Amendment. No. 10-01.  Thal tbe. site is pbysically suitable for the bype of development. That tbe site is physically suitable for tbe proposed densily gf development. environmental, damage or substanlially and avoidably injure a fisb or wildlijfe babitat.  That the design of tbe subdivision or the propased. improvements are not likely to cause substantial That tbe design gf tbe subdivision 0r bype of improvements is not likely to cause serious public bealth That tbe desigi of the. subdivision or the bype of improvements will not conflicl with easements, acquird by the  problems.  public at large, for access lbrough or use d properly ithin tbe proposed subdivision.    WHEREAS, the City Council as a résult of its inspections, investigations, and studies made on its behalf and of testimonies offered at said hearing and the recommendation of the Planning Commission, has established that the best interests of the City. of Fowler and of its residents is to NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL HEREBY APPROVES Revised Vesting Tentative Subdivision Map No. 5952 as shown on Exhibit A" and subject to the Conditions of Approval Ib hereby certify. the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by. the City Council of the City of Fowler at a meeting held on the 7th day of May 2019 by  approve Revised Vesting Tentative Subdivision Map No. 5952.  attached as Exhibit "B."  the following vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    Exhibit A"  Revised Vesting Tentative Subdivision Map No. 5952  ANE    Exhibit "B"  Conditions of Approval Revised VTSM No. 5952  General: 1. 2. 3. 4.  All conditions of the applicant shall be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards. That the applicant pays all fees as required by existing ordinances and schedules. That all water wells and septic systems that served the property be abandoned pursuant to The developer shall continually maintain the existing pavement keeping it clear of dirt, dust, and mud until the subdivision or phase is accepted by the City and shall install gravel filters with minimum 1-inch base rock at each construction entrance extending across the entrance As many energy-conserving features as possible shall be included in the project. Examples include, but are not limited to, increased wall and ceiling insulation, EPA-certified fireplace inserts and/or wood stoves or natural gas fireplaces, electrical and natural gas outlets installed around the exterior of the units to encourage use of electric yard maintenance equipment and gas-fired barbeques, and each home wired for computers/interet and To reduce construction noise, construction contracts shall require that all equipment be maintained according to the manufacturers' specifications, and that noise-generating Hours of construction shall be limited to the hours of 6:00 am to 7:00 pm, Monday through The developer shall provide concrete pads and walkway within the side yards adjacent to garages for the placement of trash/recycling containers behind the rear yard fences/gates. All trash/recycling containers shall be placed out of public view except on the days of collection. The developer shall disclose this requirement to the future homeowners within Crosswalks shall be provided to ensure pedestrian safety in areas determined by the City Engineer, Public Works Director and Community Development Director and these crosswalks shall be decorative such thermoplastic pavement striping and/or stamped and 10. Projects shall include all street lights, street signs, stop signs, and other designated by the City for street call names and traffic control. All signs shall be provided per City Municipal 11. The developer shall annex to the City Lighting and Landscape Maintenance District Or 12. Fire hydrants shall be spaced not to exceed 400 feet on center and shall be valved separately from the water main. Locations shall be approved by the City Engineer, Fire Chief, and the  City, County, and State standards.  and a minimum of 55-feet into the site.  5.  electronic meter reading.  6. 7. 8.  equipment be equipped with mufflers.  Saturday.  the subdivision.  9.  colored concrete.  Code and shall be in like kind constructed on adjacent streets. Community Facilities District as deemed appropriate by the City Engineer.  City of Fowler.    Final Map:  13. Within 24 months of tentative map approval, the developer may cause to be filed with the 14. The design and improvement of the subdivision shall conform to Titles 1 through 15 of the City of Fowler Subdivision Ordinance and to the City of Fowler Standard Specifications ("Standard Specifications") unless otherwise specified in these conditions. 15. The applicant shall enter into a subdivision agreement with the City if the final map is approved prior to completion and acceptance of the public improvements. 16. A right-to-farm covenant shall be recorded prior to recordation oft the final map. 17. The minimum frontage ofeach lot shall comply with the City of Fowler Zoning Ordinance. 18. Lots backing onto South Avenue and Sunnyside Avenue shall have no access to said streets. 19, Since the tentative subdivision map for Revised VTSM No. 5952 does not designate or indicate any phasing, the conditions are based on a total development of all 143 lots. If the development is to be phased, the developer shall modify the vesting tentative map to indicate phase lines to be approved by the Cityr Engineer. If phased, the tentative map shall not be subject to new conditions of approval, but the City may require that any or all of the 20. Street names shall be verified by City staff prior to finalizing the final map. Street names 21. All development fees in effect at the time of permitting shall be applied to the development of this subdivision, including plan check, map, development; school and park fees, and all  Citya a final map.  approved conditions be applied to any proposed phase.  shall be consistent with streets along similar alignments throughout the City.  connection fees for sewer and water.  Circulation:  22. The developer shall mitigate the project's traffic impacts through payment of a fair-share contribution towards future transportation related improvements as indicated in the SW 23. The intersection of South Avenue / Sunnyside Avenue shall be designed to accommodatea 24. East South Avenue shall be constructed to provide two travel lanes and an 8-foot shoulder in the eastbound direction and one travel lane in the west bound direction along the frontage 25. Developer shall construct curb extensions to calm traffic at the intersection of Manila Ave/ 26. A 5-foot wide sidewalk and landscaping improvements shall be developed along South 27 LED street lights be constructed along Armstrong Avenue along the frontage of the project. 28. Local street pavement section shall be a minimum or 2.5 inches of hot mix asphalt over 5 29. Traffic and street signs shall be installed by the Owner/Developer: per City requirements.  Area Traffic Impact Study (SW. Area TIS).  northbound left turn pocket in accordance with the SW Area TIS.  of the project.  Clara Avenue and Marion Avenue / Ryan Avenue.  Sunnyside Drive and East South Avenue along the frontage of the project. inches of Class II aggregate and verified by aj project soils report.  Water:  30. A looped water system be developed within the subdivision and be tested and accepted by the City of Fowler Public Works Department. Each parcel shall be equipped a water  meter/box.    31, All interior water mains shall be an 8-inch water main and loop within each phase of development. The completed interior water system shall be connected to the 12-inch water 32. Fire hydrants shall be installed at 300-foot intervals at the locations specified by the Fire 33. Two water sample stations shall be installed within the subdivision at the locations specified 34. The developer shall pay for a water supply study to determine if a water well is required to serve this project. Ifitis is determined that a water well is required, the project shall dedicate to the City of Fowler real property for a water well site within the project. The developer shall also design and construct a water well and dedicate to City of Fowler upon acceptance of construction. Water well improvements would be eligible for reimbursement in  mains in the major collector streets at each entrance street.  Chiefand City Engineer. by the Public Works Director.  accordance with City ordinances.  Sewer:  35. The developer shall comply with the conditions set forth by ema-kimgbuglowler  County Sanitation District.  Gradingand Drainage:  36: A grading and drainage plan shall be submitted for review and approval by the City Engineer. The developer shall obtain a grading permit for all on-site grading work. 37. The developer's engineer shall provide drainage calculations for the subdivision. While a drainage basin exists on the east side of South Sunnyside Avenue, it is not certain if there is capacity remaining for this subdivision. Ifit is determined that there is no capacity, the developer will need to provide an alternate drainage location to be approved by the City of 38. The developer's engineer shall submit a storm drain plan and hydraulic calculations showing location ofinlets, manholes, and pipelines (including sizing) to City Engineer for review and 39. The developer shall obtain an NPDES permit from the Regional Water Quality Control Board. The plan shall provide for the mitigation ofs soil erosion from the project site during the construction and warranty periods and be submitted to the City prior to the start of construction. Developer shall supply City with the approved SWPPP and WDID number. 40. As a part of the mitigation measures for soil erosion, the developer shall be responsible for  Fowler.  approval prior to preparation ofimprovement plans.  street sweeping during the one-year warranty period.  41. Aesthetics:  42, A landscape and irrigation plan shall be submitted for review and approval by. the City Engineer for the areas along the frontage of Sunnyside Avenue and South Avenue. 43. A 6-foot high deçorative block wall shall be constructed on lots adjacent to Sunnyside Avenue and South Avenue. Block walls shall be treated with an approved anti-graffiti coating and/or screened with vines as approved by the City Engincer. 44. Area comprising a minimum of 5% of the total project site shall be reserved and developed as open space. Proposed improvements shall include benches, play structure, concrete flatwork and landscaping as approved by the City Engineer.    45. The developer shall provide front yard landscaping and irrigation prior to occupancy. The automatic irrigation systems shall include enough stations, including controllers, wiring, and valves with irrigation main line stub to accommodate the rear yards for the homes. 46. One medium-sized tree (20-40 foot canopy at full growth) shall be provided on each interior lot front yard. Two medium-sized trees shall be provided for each corner lot, with one placed on each street frontage. The trees shall be sO placed as to provide shade to the street 47. A decorative wood fence with stone pilasters shall be provided for all other street-side yards 48. The remainder parcel shall be maintained free of debris, weeds, and other nuisance conditions. If, in the determination of the City, the site becomes and remains a nuisance, the developer may be required to install and maintain screening in the form of fencing,  at full growth. within the subdivision.  landscaping, Or other means.  Utilities:  49. All existing overhead utilities adjacent to the subdivision shall be undergrounded. 50. The 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 shall be provided by the developer and maintained by the City pursuant to 51. 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  PG&E rate schedule LS2C.  reopened for service.  Irrigation:  52, Any irrigation pipelines 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. 53. All abandoned irrigation lines serving the property shall be removed.  Hold Harmless and Indemmification Condition:  54. Hold Harmless and Indemnification Condition. Approval of this Project is for the benefit of the Applicant. The submittal of applications by the Applicant for this Projeçt was a voluntary act on the part of the Applicant not required by the City. Therefore, as a condition ofapproval of this Project, the Applicant agrees to defend, indemnify and hold harmless the City of Fowler and its agents, officers, consultants, independent contractors and employees ("City") from any and all claims, actions or proceedings against the City to attack, set aside, void, or annul an approval by the City concerning the Project, and for any and all costs, attorney's fees, and damages arising therefrom (collectively "Claim"). The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. Ifthe City fails to promptly notify the Applicant of any Claim ot if the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to defend, indemnify,  orl 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 ift the City decides to independently defend a Claim, the Applicant shall be responsible for City's attorney's fees, expenses ofl litigation and costs for that independent defense. Should the City decide to 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:  Date:    ITEM  6B-5  RESOLUTION NO. 2429 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION REQUESTING THAT THE LOCALAGENCY FORMATION COMMISSION UNDERTAKE PROCEEDINGS FOR THE SUNNYSIDE-SOUTR SOUTHWEST REORGANIZATION  WHEREAS, the City of Fowler desires to initiate proceedings pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Government Code Section 56000 for the proposed Sunnyside-South Southwest Reorganization; and WHEREAS, the specific changes of organization consist of annexation to the City of Fowler and the elma-Kimgpbug.lowle: County Sanitation District and detachment from the  Consolidated Irrigation District; and  WHEREAS, the territory proposed to be changed is uninhabited, and on this day contains WHEREAS, an illustration of the boundaries of the territory is set forth in Exhibit "A" hereto, and a map and written description accurately depicting said territory shall be forwarded to  no registered voters, established by virtue ofl lack ofhabitable structures; and  the Local Agency Formation Commission upon application; and  WHEREAS, this proposal is consistent with the City of Fowler sphere ofi influence; and WHEREAS, the City of Fowler does not desire to subject the proposal to additional terms WHEREAS, the proposed reorganization is intended to: 1) facilitate development of Revised Vesting Tentative Subdivision Map No. 5952, said map occupying Assessor's Parcel No. 345-100-19S and approved with conditions by the City of Fowler City Council via Resolution No. 2428 on May 7, 2019, which comprises approximately. 39.91 acres; and 2) allow for the annexation ofA Assessor's Parcel No. 345-100-07 comprising approximately 28.67 acres, which at this time is not proposed for development but lies immediately south of existing single-family development and  or conditions; and  would constitute a logical expansion of the city limits; and.  WHEREAS, the City Council, via Resolution No. 2426 has adopted a mitigated negative  declaration for the project pursuant to the California Environmental Quality Act.  NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL HEREBY ADOPTS this Resolution of Application and the: Local Agency Formation Commission of Fresno County is hereby requested to initiate proceedings for the Sunnyside-South Southwest Reorganization in the manner prescribed by the    Corese-kok-Herzbetg Local Government Reorganization Actof2000.  Ihereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the 7th day of May 2019 by  the following vote: AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk    833  JAF wgnoe  a    ITEM 10A  6  6  00  o    888  000 6G  888 000 o  60  0    o  S a B  888 d8 d8 8888 8888 d0 88888 00 o o 0000 0000 o 00000 o  go3o 00Du aa a   9s 999 000 000 mm  00  099  66 > 666 006 0 6666  00000000000000    888 000 0  50  0000000000000000000000  000000 o    0  000000 8 8888888 8 8 d0  888888 888 8 d0  00000000000000 o 0000000 o o  000 o o  0o FE 38 85    8888 8 - 8 0000 o o    888 000  3& U U    0  5355  4 00  888 d0 000 o  0  888 0 o  8888 8 d0 888 8 0000 o o 000 o  9 9  5  00 8 Diu 5  66        0 888 8 0 000 o o    00  888 00     00 oN 888 000    ITEM 10B  MINUTES OF THE FOWLER CITY COUNCIL AND FOWLER PUBLIC AUTHORITY JOINT MEETING  APRIL: 16, 2019  Mayor/Chairman Cardenas called the meeting to order at 7:00 p. m. Roll call was taken. CoumcimemberyDirdos Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez  City/PFA Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, Police Chief Alcaraz, Public Works Supervisor/Fire Chief Lopez, Finance Director Uyeda, Deputy City Clerk Burrola  The Flag Salute and Pledge of Allegiance were followed by ai moment ofs silence and reflection.  PUBLIC PRESENTATIONS  Raquel White, Central Regional Compliance Manager at Construction Industry Force Account Council (CIFAC). CIFAC. is a non-profit coalition of concerned construction industry associates, contractors, and labor unions that work to ensure State and local governments' are in compliance Patric Jones, Fowler resident spoke about concerns he received from other residents regarding the PRESENTATION OF AUDITOR'S REPORT FOR' THE YEAR ENDED JUNE: 30, 2017 Auditor Gus Corona, of Borchardt, Corona, Faeth & Zakarian, presented the audits for the City of Fowler and Public Financing Authority (PFA). The PFA audit showed that the long-term debt was decreased by $295,000 for the period. The fund balance in the debt service fund is a deficit of The City's audit showed a total positive net position of $27,695,611 for all goyernmental funds. General Fund (GF) revenues totaled $4,187,613, and expenditures totaled $4,063,289 for the period. With the addition of operating transfers in of$ $219,660, there was an excess of revenue over expenditures ofs $343,984 in the GF as ofJune 30, 2017. Adding this to the beginning fund balance of$1,705,451, the ending GF fund balance at June 30, 2017 was $2,049,435. The Utility Users Tax fund received $431,771 in revenues, and expenditures totaled $305,070. With the addition of $95,060 in operating transfers in and other financing sources, the total revenue over expenditures was $221,761. The ending fund balance in the Utility Users Tax fund at June 30, 2017 was $1,000,591. Mr. Corona noted that the total net positon for the Water fund was  with the Public Contract Code.  dust control at the Hovanian subdivision project.  $79,477, an improvement of$74,998 over prior year.  $3,349,322 at the end of the fiscal year. COMMUNICATIONS  City Manager/Executive Director Davis reminded the Council of the upcoming Mayor's Breakfast Friday, May 10th at 6:30 a.m. at. Jocy's Mexican Restaurant, the Employees Appreciation Dinner is Friday, May 3d at Cattlemans Steakhouse Restaurant at 6:00 p.m., and Spring Fest is Saturday,  April 27h    STAFF REPORT  CITY MANAGER'S REPORT  City Manager/Executive Director Davis said at the April 4ths Planning Commission meeting, Tract 6188, National Raisin's Subdivision and RJ Hill's Tract 5952 were approved; both will be coming Ms. Davis mentioned the second of a series of the community park grant meetings was held on April 2, 2019. The meeting consisted of gathering information from the community on priories of what they wanted for the park based on a point system. The next meeting is scheduled for Tuesday, May 7, 2019. The Magill Terrace apartments are near completion, the first phase of The Valley Children's Clinic will be having its grand opening possibly on May 30, 2019. Ms.  to the Council for consideration on May 7,2019.  tenants will be able to move ini in a couple of weeks.  Davis said the Plans for Art Ramirez's project have been corrected.  PUBLIC WORKS REPORT  Public Works Supervisor Lopez said Panzak Park was closed for two days last week; two pine trees fell due to heavy winds. He mentioned he is currently working on weed control along the alley ways and Golden State Boulevard. Well Site 5A is currently going through an upgrade; the electrical control panel is in bad shape and will be replaced. CouneilmemberDirector Kazarian said he was approached by residents who had some. concerns of TCP 123 chemical containing fumigants contaminating drinking water wells. He suggested possibly providing information on the Mr. Lopez said he is working on getting the flashing four-way stop signs at Merced, Adams, and  City's website with educational information for the residents on water testing.  Armstrong Avenues switched over to solar. FINANCE DIRECTOR'S REPORT  No report was given.  POLICE DEPARTMENT REPORT  PRESENTATION OF PILOT PATROL VEHICLE  Police Chief Alcaraz presented information on the newest vehicle added to the fleet, a 2018 Toyota Camry. He said he is always looking for ways to save public funds, he expressed that the Toyota Camry can hold up to the demands of the profession. He believes this vehicle will offer better fuel efficiency and reduce maintenance costs in the long term. This patrol unit is a prototype vehicle He provided the DOJ Crime Statistic's for the month of March 2019. Chief Alcaraz said the department is currently down two police officer positions; he is in the process of getting those positions filled. On Saturday, April 13th, the Explorers attended and assisted at the Easter Egg Hunt  currently being road tested to ensure its feasibility for patrol functions.  at Panzak Park.    FIRE DEPARTMENT REPORT  Fire ChiefI Lopez said he will be sending four volunteer fire fighters to an upcoming Wildland Fire Academy in the fall, sponsored by CALFIRE. He mentioned Fire Engine No. 48 will be sent in: for  major maintenance repairs. CITY ATTORNEY'S REPORT No report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - April 16, 2019; B) Approve Minutes oft the City Council Meeting - March 19, 2019; C) Approve Proclamation "Remembrance of the Armenian Genocide"; D) Adopt Resolution N. 2019-2423, "A Resolution of the City Council of the City of Fowler for Inclusion in the 2019-20 Budget to Incorporate a List of Projects Funded by SB 1: The Road Repair and Accountability Act" and Authorize the City Engineer to Transmit the Resolution and Project List to the California Transportation Commission by May 1, 2019. Councimember/Drector Kazarian questioned Item D, in terms of the funding amount; the amount listed on the memo is not consistent with the resolution amount. City Manager/Executive CouneumemberDrector Kazarian made a motion to approve the Consent Calendar as amended, seconded by CouncimemberDirector Parra. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  Director Davis said it may be a typo and will be corrected.  COMMITTEE REPORTS with City Manager Davis.  Mayor/Chairman Cardenas attended a Selma, Kingsburg, and Fowler Sanitation (SKF) meeting CoumelmemberDirector Kazarian said he was interviewed by Channel 30. Action News regarding the 1% district sales tax. Last week he spoke at the 16"h Annual Fresno EDCI Real Estate Forecast. He mentioned on April 24, 2019 he will be the Master of Ceremonies during the flag rising at CounclmemberDrector Parra and Mayor/Chairman Cardenas attended the League of California  Fresno City Hall for the Armenian Genocide. Cities general membership meeting last week.  ADJOURNMENT  Having no further business, CouncimembetrDrector Kazarian made a motion, seconded by CouncilmemberDirector Parra to adjourn. The motion carried and the meeting adjourned at 8:57  p.m.    ITEM 10C  RESOLUTION NO. 2430  AJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER AUTHORIZING OFFICIALSTO EXECUTE AGREEMENTS WITH CALTRANS  WHEREAS, State of California, Department ofTransportation (Caltrans) requires that an official be authorized by City Council to execute Agreements for all federally-funded and state-  funded projects; and  WHEREAS, the City Manager and the City Çlerk possess the expertise to execute. Agreements with Caltrans for all federally-funded and state funded projects on behalf oft the City  of Fowler.  NOW, THEREFORE, BB IT RESOLVED:  That the City Council of the City of Fowler hereby adopts a Resolution to authorize the City Manager and the City Clerk to execute Agreements with Caltrans for all tederally-tunded and  state-funded projects.  ***  David Cardenas, Mayor  ATTEST:  City Clerk  I,J Jeannie Davis, City Clerk oft the City of Fowler, do hereby certify that the: foregoing resolution was duly passed and adopted at a regular meeting oft the Fowler City Council held on the 7th day  of May 2019, by the following vote:  AYES: NOES: ABSTAIN: ABSENT: