1908 AGENDA JANUARY 15, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 - S. 5TH STREET FOWLER, CA93625  FOWLER CITY COUNCIL MEETING  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 oft the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on  meeting. The City of Fowler is an equal opportunity provider and employer.  the City's website at www.fowlerciy.org. 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.)  6. Presentations:  Color Run-Fowler High School Punjabi Club - Anika Arya Heart of the Horse Therapy Ranch - Lea Steele  7. Commendations:  Sergeant Joe Miranda, Officer Michael Allison, and Officer Fong Yang With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or    ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.  8. Communications 9. Staff Reports  A) City Manager's Report B) Public Works Report C) Finance Department Report D) Police Department Report E) Fire Department Report 10. City Attorney's Report  11. Consent Calendar Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. If a Councilmember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councilmember objects to an item, then it should be removed and acted upon as a  separate item. A)  Ratification of Warrants - January 15, 2019  B) Approve Minutes of the City Council Meeting - December 11, 2018 C) Approve Mayoral Proclamation " A National Day of Racial Healing" D) Approve Public Health Advocates and Kounkuey Design Initiative Agreement for Technical Assistance Services with City of Fowler - Public Health E) Adoption of Resolution No. 2418, "A Resolution of the City Council of the City of Fowler Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Adoption of Resolution No. 2419,  A Resolution Authorizing the Examination  Advocates/Kounkuey Design Initiative  Local Transactions and Use Tax"  F)  of Transactions (Sales) and Use Tax Records"  G) Adoption or Resolution No. 2420, "A Resolution of the City Council of the City of Fowler Approving Development and Planning Fees for 2019"  2    12. Committee Assignments  13. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro-Tem Hammer Councimember Kazarian Councimember Parra Councimember Rodriquez  Reappoint: Henry Fernandez and Juan Mejia to another term on the Planning Commission  14. Adjournment  Next Ordinance No. 2019-01  Next Resolution No. 2421  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, January 11, 2019,  Coxia Tox Corina Burrola Deputy City Clerk  3    ITEM 6  RECEIVED GEC 13 2018  u  CITY OF FOWLER AGENDA REQUEST FORM  Check one:  Please place the following item on the next regular agenda for discussion:  Iwould like to report on the following subject:  The Todian lik. to - hosh êt colar Lsill Tpdian &K 4  alub frslecs dio Coardinate feshrel  of   FHS  Lold ficsh 2019T he lAle Lanuld Ah  cun.  hilha  "Hali" eveniog  pcedy  foish  he  Ballymanl--riyht  Requested by: Anika Name  Arya  19/3/18  Date  Punjabi club Organization 7LEMaia s Address  Phone number Fax number No.  #EHs  Reports/attachments: to be included: Yes  Please note: A request to be placed on the City Council agenda must be received no later than 12:00 noon on the Wednesday preceding the Council meeting. The City Council meets on the  first and third Tuesdays oft the month at 7:00 p. m.    ITEM 11A  6  0 9  9    0 0 b  009s  888 d8 8 8888888888 8888888888 3888838883 8 d8 88 000 o o 0000000000 0000000000 0000000000 o o o    0 888 m 88888 880 0  888  co  uoo 098 me mmiu   INu  e MTE  888 888 888 8 8888 8 888 888 888 888 d8 8888 0 d8 000 000 000 o o 000 o 000 o o o 000 000 o o 000 o  - 1E  s  8S  a S 88  > 8  e 3     NP 38888880 888 99999996 :38  A  888 d0 888 888888888 d8 d8 d0 000 o 000 000000000 o o o  88888888 8  o 000 o  88  %    888 ARBRIR8D 8 88 EE  8888888 8 38888888888888 8888 888 8888888 8 0000000 o 0000000000000000 0000 000 0000000 o  000000    888 00 s 60 mmo  a  3  HHL  888 8 o 8888 8 8 0 888888888 8 888888888888888 888 8 000 o o 0000 o o o 000000000 o Ga6o0c066600000 000 o    8068  Rooh 0675 ARME QIALE  Aor 36  Hu  60 88888 8888 8888888888 8883388888 8888 8 8888 8 8 000000000 0000 0000000000 0000000000 0000 o 0000 o o  5 5  38888888  8888    NON 0  002 0000 -  ABIE BIR33 A 2  Nm  HINm  o 888 d0 d0 8888 d0 8888 888 8 8888 8888888 8 8  000 o o 0000 o 0000 000 o o o  0000000 o o  -  30303030308 anaaaa  ir    ORK CORE m Sg M5n m 8 NP  C  8888 888 8 8 888 8 8 0000 000 o o 000 o o  E -    8888 0 0000 0    9  88888 888888888 8 8 00000 000000000 o o  6RR  BARRRN  W  33o ddde 00UU 00000000 aaaa acaaaaaa  000000    E  8888 no :: FA  A 8  E  8888 0 8888 888 888 88  8 e d0 - d8  o  8888855888  o 0000 000 000 o o 0 0 o o o 0000 o o o  88 a  00U a  5   88 do 1   - B6s  &    A  mmii le Soss $  8888888 8 888 d0 d0 0 o 8888 8 8 888 d0 8888 d8 d0 00 0  0000000 o 000 o o  o 0000 o o 000 o 0000 o o  0        41  000    -  888 0 o    ITEM 11B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING DECEMBER 11,2018  Mayor Cardenas called the meeting to order at 7:00 p. m. Roll call was taken. Councilmembers Present: Cardenas, Parra, Hammer, Kazarian, Rodriquez  City Staff Present:  City Manager/City Clerk Davis, Public Works Supervisor/Fire Chief Lopez, Finance Director Uyeda, City Attorney Wolfe, Police Chief Alcaraz, City Engineer Peters, City Planner Marple, Deputy  City Clerk Burrola  The Flag Salute and Pledge of Allegiance were followed by a moment ofs silence.  PUBLIC PRESENTATIONS  Patric Jones, Fowler resident, expressed his concerns regarding the parking at St. Lucy's Church on Sundays. The current parking design causes vehicles to impede into traffic possibly causing a Andy Gonzales, local business owner, spoke about the possibilities of restoring and repainting the ADOPTION OF RESOLUTION NO. 2413: NOVEMBER 6, 2018 GENEAL ELECTION City Manager/City Clerk Davis summarized the results of the November 6, 2018 General Election, noting that there were three candidates for two City Council seats on the ballot. Out of 3,137 registered voters, 1909 ballots were cast, resulting in a 60.91% voter turnout. There was a total vote count of 2,858 in three designated voting precincts for the two seats. David Cardenas and Mark Rodriquez were the two candidates who received the highest votes, and were elected to the Council for the full term of four years. Also the 1% District Sales Tax Measure N was on the  traffic collision. water tower. RESULTS  ballot and passed. The yes votes final total was 1,028, No votes totaled 825. Total votes cast in the City of] Fowler for two City Council seats:  David Cardenas 232 512 588 1332  Mark Rodriquez 162 335 468 965  Patric Jones 83 216 228 527  Precinct 217 Precinct 218 Precinct 219 TOTAL    Total votes cast in the City of Fowler - Measure N:  Yes 182 388 458 1028  No 149 320 356 825  Precinct 217 Precinct 218 Precinct 219 TOTAL  City Manager/City Clerk Davis asked the Council to approve Resolution No. 2413, officially declaring the November 6, 2018 General Municipal Election results, Councilmember Parra made amotion, seconded by Councilmember Hammer to adopt Resolution No. 2413, "A Resolution of the City Council of the City of Fowler Declaring Result of Municipal Election Held on November 6,2018."The motion carried by unanimous voice vote: Ayes: Cardenas, Parra, Hammer,  Kazarian, Rodriquez. Noes: None. Absent/Abstain: None.  INSTALLATION OF NEWLY ELECTED COUNCIEMEMBERS Rodriquez. Ms. Davis presented a Certificate of Election to each.  City Manager/City Clerk Davis administered the Oath of Office to David Cardenas and Mark REORGANIZATION OF CITY COUNCIL: ELECTION OF MAYOR AND MAYOR City Manager/City Clerk Davis took the Mayor's seat at the dais and began the reorganization of the City Council by calling for nominations for the Office ofMayor. Councilmember Hammer made a motion, seconded by Councilmember Parra, to nominate David Cardenas for the Office of Mayor. The motion carried by unanimous voice vote: Ayes: Hammer, Parra, Kazarian, Rodriquez, Mayor Cardenas called for nominations for the Office ofl Mayor Pro-Tem. Mayor Cardenas made amotion to nominate Dan Parra for the Office of Mayor Pro-Tem, seconded by Councilmember Parra. The motion failed by the following roll call vote: Ayes: Cardenas, Parra. Noes: Hammer, Kazarian, Rodriquez. Mayor Cardenas called for another nomination for the Office of Mayor Pro- Tem. Councilmember Rodriquezi made. a motion to nominate Leonard Hammer for Office of Mayor Pro-Tem, seconded by Councilmember Kazarian. The motion carried by the following roll call vote: Ayes: Hammer, Kazarian, Rodriquez. Noes: Cardenas, Parra. Absent/Abstain: None. Mayor Cardenas called a recess for a briefi reception in honor of the newly elected  PRO-TEM  Cardenas. Noes: None. Absent/Abstain: None.  Councilmembers. COMMUNICATIONS  City Manager Davis mentioned an invitation to the Fowler Unified School District Holiday  Luncheon, December 12+h at 11:30 a.m. in the Fowler High School Cafeteria.  STAFF REPORTS    CITY ENGINEER'S REPORT  Adoption of Resolution No. 2414, "A Resolution of the City Council of the City of Fowler Approving Final Tract Map No. 5834 and Accepting Street Dedication and  Easements"  City Manager Davis stated that this is related to Tract Map No. 5834; originally the tentative tract map was submitted by R.J. Hill and approved in 2008, now it is owned by K. Hovananian CA Land Holdings, LLC. City Engineer Peters provided a powerpoint presentation and gave background information on Tract 5834 final map. The applicant, K. Hovananian is proposing to develop a 58 lot subdivision in the northeast corner of Sunnyside and South Avenue. The tract proposes 132 homes that will be constructed in two separate phases. Tonight's consideration is for phase one for 58 lots. A few major conditions of approval for the project require the developer to improve South Avenue, construct the west side of Sunnyside Avenue and to eliminate an existing storm drain basin and re-pipe the drainage currently disposed at the basin. The applicant has complied with the conditions of the approved tentative map. The applicant has paid development fees as described in accordance with the City fee resolutions and had submitted the public improvement plans and the final map to the City, both of which have been reviewed and approved by the City Engineer. The Council is required by law to accept the final map unless they can site deficiencies in the final documents. Following acceptance of the map by the City, the City  Engineer shall deliver the final map to the Fresno County Recorder'soffice. The Mayor opened the discussion for public comments on the matter.  Veronica Salmeron-Sosa, Fowler resident, expressed her concerns on the reconstruction of Sunnyside Avenue. She said Sunnyside is not a very wide street, large vehicles traveling on this Councilmember Kazarian made a motion to adopt Resolution No. 2414,"AI Resolution ofthe City Council of the City of Fowler Approving Final Tract Map No. 5834 and Accepting Street Dedication and Easements", seconded by Councimember Parra. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None.  road will possibly cause a traffic accident impeding into the oncoming lane.  Absent/Abstain: None. CITY MANAGER'S REPORT  City Manager Davis said Taco Bell is planning their grand opening on Friday, December 21, The City will be signing the loan documents for the new fire station, December 18Hh and the City Engineer will be sending the notice to proceed to the contractor. A ground breaking ceremony The Adams Avenue reconstruction project has begun. Public works has done some road repairs  2018.  will be scheduled near the end ofJanuary.  throughout the City.    A joint meeting with the Planning Commission, related to the General Plan Update, will be  scheduled for the second meeting in January. PUBLIC WORKS REPORT  Public Works Supervisor Lopez said sidewalk repairs were done in certain areas oft the City. Five replacement trees were planted at Panzak Park and eighteen additional trees were planted at Donny Wright Park. Supervisor Lopez is looking into getting the neon sign located at Golden A new employee has been hired for part time maintenance and will start January 1,2019. Councilmember Kazarian mentioned an AOWP program that the City may want to look into. The Adult Offender Work Program places defendants who are sentenced to 90 days inj jail or less on work assignments with participating community and governmental agencies in lieu ofjail  State and Merced repaired.  confinement.  FINANCE DIRECTOR'SREPORT  Finance Director Uyeda provided background information on the budget adjustment for water well maintenance. There are two water wells that require updated maintenance on mechanical, electronic and data collections due to wear and tear. The City collects "Water Well Maintenance Fees" via the building permit system. In 2017 the City received $87,000 and in 2018, $418,000. These funds are not accounted for properly and should be set up as restricted SO they can be applied to water well: maintenance. Mr. Uyeda recommends using these funds to update the two Councilmember Rodriquez made a motion to approve a budget adjustment in the amount of $75,915 for water well maintenance, seconded by Councilmember Kazarian. The motion carried by unanimous vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None.  water wells that require maintenance.  Absent/Abstain: None.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz circulated Part 1 Crime Stats for the month ofNovember.  FIRE DEPARTMENT REPORT  Fire ChiefLopez: reported that Justin Bishop was. hired as a volunteer fire fighter.  CITY ATTORNEY'S REPORT No report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - December 11,2018; B) Approve Minutes of the City Council Meeting - November 6, 2018; C) Adoption of Resolution No. 2415,    "A Resolution Before the City Council of the City of Fowler State of California in the Matter of the Southeast Regional Solid Waste Joint Powers Agreement": D) Adoption of Resolution No. 2416, "A Resolution of the City Council of the City of Fowler County of Fresno State of California Adopting Rules ofConduct for City Employees"; E). Adoption ofResolution No. 2417, "A Resolution of the City Council oft the City of Fowler Approving a Whistleblower Policy" Councilmember Kazarian commented on Item B regarding minor corrections to the minutes for November 6, 2018. The minutes should reflect a yes vote for Councilmember Kazarian on the Councimember Rodriquez made a motion to approve the Consent Calendar; seconded by Mayor Pro-Tem Hammer. The motion carried by unanimous voice vote: Ayes: Cardenas, Parra, APPOINTMENT OF TRUSTEE = CONSOLIDATED MOSQUITO ABATEMENT Councimember Rodriquez made motion, seconded by Mayor Pro-Tem Hammer, to re-appoint David Cardenas to another four year term as a trustee on the Consolidated Mosquito Abatement District Board. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Kazarian,  second reading ofu uncodified ordinance No. 2018-03.  Hammer, Kazarian, Rodriquez. Noes: None. Abstain/Absent: None.  DISTRICT BOARD  Parra, Rodriquez. Noes: None. Abstain/Absent: None.  COMMITTEE REPORTS  Councilmember Hammer reported on the Christmas tree lighting event. The Lions Club senior Councilmember Parra had no report but asked about having a future discussion on City Council  citizens luncheon is scheduled for Friday, December 14, 2018 at 11:30: a.m.  districts for the City. CLOSSED SESSION  The meeting adjourned to a closed session at 8:25 p.m. to discuss, pursuant to Government Code Section 54956.9(d)(1)- - Conference with Legal Counsel - Existing Litigation - David Weissservs. The meeting reconvened to open session at 8.35 p.m. with no reportable action taken.  City of Fowler (2 cases)  AJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 8:35 p.m.    ITEM 11C  Mayoral Proclamation "AI National Day of Racial Healing"  WHEREAS, we have all witnessed racial divisiveness rising in America's urban, rural, suburban, and tribal communities today that threatens the very core ofthis WHEREAS, just like those who came before us, it is our duty to protect the children oft this country and maintain communities in which they may alll be given WHEREAS, we understand and recognize that there is a racial divide in our country and we must all work earnestly to heal the wounds created by racial, ethnic and religious bias and build an equitable and just society SO that all children WHEREAS, children have the right to be provided every opportunity to learn, grow, and thrive in nurturing environments that don't violate their safety, dignity, WHEREAS, every single person has the capability to make simple change within him orl herself that can profound effect on an entire society; and WHEREAS, if we all dedicate ourselves to the principles of truth, racial healing and transformation, we can all bring about the necessary changes in thinking, behavior, and systems that will propel this great country forward as a unified WHEREAS, racial healing is a viral and crucial commitment to the education, WHEREAS, the City of Fowler, in conjunction with others throughout the United States of America, acknowledges January 22, 2019 as the "National Day of Racial Healing", and urges all citizens to promote racial healing and transformation in the ways that are best suited for them individually, as a means of working NOW, THEREFORE, I, David Cardenas, Mayor oft the City of Fowler do hereby proclaim that this City honors and recognizes January 22, 2019 as the "National  great country's unified front; and  the opportunity to succeed; and  can thrive; and  and humanity; and  force where racial biases will become a thing oft the past; and social, mental and over all well-being of all our children; and  together to ensure the best quality oflife for every child.  Day of Racial Healing"  David Cardenas, Mayor  a    ITEM 11D  Public Health Advocates and Kounkuey Design Initiative Agreement for Technical Assistance Services with  City of Fowler  This Agreement is hereby entered into by Public Health Advocates (PHAdvocates), Kounkuey Design Initiative, Inc. (KDI), and City of Fowler. All three parties agree to the services enumerated in Section 3 of this Agreement under the following terms and 1. Recitals: Public Health Advocates (PHAdvocates): a nonpartisan, nonprofit organization that promotes health equity by helping cities, counties, and states nurture health and wellbeing for everyone. Kounkuey Design Initiative, Inc. (KDI): a non-profit design and community development organization that partners with under-resourced communities to advance equity and activate the unrealized potential in neighborhoods PHAdvocates and KDI are technical assistance providers to City of Fowler for the preparation and submission of one grant application for Round Three of the Statewide 2. Term of Agreement: The term of this agreement will be January 15, 2019 through June 30, 2019 - this date may be pushed off as the State Parks Department has not yet released the final guidelines and the deadline for applications-, to fulfill the agreement  conditions:  and cities.  Park Program (SPP) funding.  stipulated in the Scope of Work.  3. Scope of Work: PHAdvocates and KDI agree to provide technical assistance to the City of Fowler with the following services to support the preparation and submission of one grant application for Round Three of the Statewide Park Program (SPP) funding as  follows:  Training of city staff and stakeholders on community engagement practices Building partnerships with local organizations to create a comprenensive Working with city staff to identify community's parks and open space needs Working with city staff to identify a project site for a new park Working with city staff to identify community's preferences around park location, Assist city staff with the preparation and submission of the grant application  (including strategies in the Park Bond Equity toolkit)  community-driven project  concept design, and amenities.    City of Fowler will provide the following services to support the grant application for Round Three of the Statewide Park Program (SPP) funding as follows:  Will dedicate a portion of in-kind City staff time to collaborate with PHAdvocates and KDI on one grant application for Round Three of the Statewide Park Will identify local partnerships and provide PHAdvocates and KDI with a list of those potential partners to create a comprehensive communty-driven project.  Program (SPP) funding through the agreement term.  Preparation and submission of the final grant application.  4. Representatives: The designated representative of PHAdvocates for purposes of all notices and other official communications relating to this agreement, program related issues and business matters shall be Alfred Mata, Program Manager, Public Health Advocates, 1004 West Covina Parkway, Suite 486, West Covina, CA 91790; PHONE:  (844)962-5900 x360; EMAIL: am@pnadvocates.ory.  The designated representative of KDI for purposes of all notices and other official communications relating to this agreement, program related issues shall be Jerome Chou, Planning Director, 309 East gth Street, Suite 205, Los Angeles, CA 90014;  PHONE: (323)989-7094; EMAIL: erome@kounkueyorg  The designated representative of City of Fowler for purposes of all notices and other official communications relating to this agreement, program related issues shall be the 5. Payment Terms: PHAdvocates, KDI and City of Fowler shall furnish at its own expense, all labor, materials, equipment and other items necessary to carry out the terms of this Agreement. Services to be under this Agreement are at NO COST to the  City Manager.  City of Fowler.  6. Termination: This Agreement may be terminated by any party notifying the other  parties, in writing, at least 10 days prior to the date of termination.  7. Compliance with law: All parties agree to comply with all relevant state and federal  statutes and regulations.    8. Assignment: No party shall assign or delegate any part of this Agreement without  the written consent of the other parties.  9. Indemnification: City of Fowler agrees to indemnify, defend, and hold harmless PHAdvocates, KDI, their directors, officers, members, employees, contractors and agents, and the funding agency (ies) supporting PHAdvocates and/or KDI from and against any and all claims, losses, damages, costs, expenses or other liability arising out of or connected with PHAdvocates or KDI's services under this agreement, including but not limited to any accident or injury to person or property. This provision shall not apply to the extent liability is caused by the negligence or willful misconduct of  PHAdvocates or KDI.  10. Severability: If any provision of this agreement is held in conflict with law, the  validity of the remaining provisions shall not be affected.  11. Survival of obligations: Expiration or termination of this agreement shall not extinguish any previously accrued rights or obligations of the parties.  12. Governing Law: The validity, construction, and effect of this agreement shall be governed by the laws of the United States of America and the State of California.  Venue shall be Fresno County.  13. Entire Agreement: This is the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings and it may be amended only in  writing.  For Public Health Advocates: Harold Goldstein, Executive Director For Kounkuey Design Initiative: Jerome Chou, Planning Director  By: Date:  By: Date:    For City of Fowler:  By: Date:    ITEM 11E  RESOLUTION NO. 2418  A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF FOWLER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OFTAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A WHEREAS, on November 6, 2018, the City Council approved Ordinance No. 2018-02 amending the  LOCALTRANSACTIONS AND USE TAX.  City Municipal Code and providing for a local transactions and use tax; and  WHEREAS, the California Department ofTax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicablejurisdictions within the state; and  WHEREAS, the Department will be responsible to administer and collect the transactions and use tax  for the City; and  WHEREAS, the Department requires that the City enteri into a "Preparatory Agreement" and an  Administration Agreement" prior to implementation ofs said taxes, and  Whereas, the Department requires that the City Council authorize the agreements;  NOW, THEREFORE BE. ITI RESOLVED by the City Council oft the City ofl Fowler that the Preparatory Agreement" attached as Exhibit A and the "Administrative Agreement" attached as Exhibit B are. hereby approved and the City Manager is hereby authorized to execute each agreement. The foregoing resolution was introduced and adopted at a special meeting of the City Council oft the  City ofl Fowler held on January 15,2019, by the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk    AGREEMENT FOR PREPARATION TO. ADMINISTER AND OPERATE CITY'STRANSACTIONS AND USETAX ORDINANCE  In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Fowler, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAXAND FEE. ADMINISTRATION, hereinafter called Department, do agree as follows:  1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been  adopted by the City.  2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the  Government Code.  3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and  verification by the City.  4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.  5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date oft the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month  following the month when the billing is received.  6. - The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)    7. Communications and notices may be sent by first class United States mail.  Communications: and notices to be sent to the Department shall be addressed to:  California Department ofTax and Fee Administration P.O. Box 942879 MIC:27 Sacramento, California 94279-0027 Attention: Supervisor Local Revenue Branch  Communications and notices tol be sent to City shall be addressed to:  Jeannie Davis, City Manager City of Fowler 128 S SthSt Fowler, CA 93625  Randy Uyeda, Finance Director City ofFowler 128S S5thSt Fowler, CA 93625  8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all  payments due from City under the terms ofthis agreement.  CITY OF FOWLER  CALIFORNIA DEPARIMENTOFTAX AND FEE ADMINISTRATION  By  By.  (Signature) (Typed Name) (Title)  Administrator  Jeannie Davis City Manager  (Rev.11/17)  2    AGREEMENT FOR STATE ADMINISTRATION OF CITYTRANSACTIONS AND USE TAXES  The City Council of the City of Fowler has adopted, and the voters of the City of Fowler (hereafter called "City" or "District") have approved by the required majority vote, the City of Fowler Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is attached hereto. To carry out the provisions ofl Part 1.6ofDivision 2 oft the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the  Department") and the City do agree as follows:  ARTICLEI DEFINITIONS  Unless the context requires otherwise, wherever the following terms appear in the Agreement,  they shall be interpreted to mean the following:  1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in  compliance with Part 1.6, Division 2 oft the Revenue and Taxation Code.  2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 2018-02, as amended from time to time, or as deemed to be  amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.  ARTICLEII OFCITYTAXES  ADMINISTRATION ANDCOLLECTION  A. Administration. The Department and City agree that the Department shall perform  exclusively all functions incident to the administration and operation ofthe City Ordinance.    B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation oft the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which  City is entitled.  C.T Transmittal of money.  1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.  2. For periods subsequent to the expiration date of the tax whether by City's self-imposed limits or by final judgment of any court of the State of California holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be  transmitted to City not less than once in each calendar quarter.  3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the  amounts withheld pursuant to. Article IV of this Agreement.  D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the  distribution oft the district taxes collected thereunder.  E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims oft the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.  (Rev. 10/17)  2    F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall  not participate in any security now held by the Department.  G. Records of the Department.  When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records oft the Department, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the ascertainment oft transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of  transactions and use taxes by the Department pursuant to this Agreement.  H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the  extended City boundary on each side ofevery street or road crossing the boundary.  ARTICLE. III ALLOCATION OF TAX  A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6ofDivision: 2  ofthe Revenue and Taxation Code:  (Rev. 10/17)  3    1. Any payment not identified as being in payment of liability owing to a designated  district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by  the distribution of district taxes collected from all taxpayers.  2. All district taxes collected as a result of determinations or billings made by the  Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the  determination, billing, refund or credit applies.  B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place  ofuse.  ARTICLEIV COMPENSATION  The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the  Department for the City.  ARTICLEV  MISCELLANEOUS PROVISIONS  A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time  designate. A notification is complete when deposited in the mail.  (Rev. 10/17)    Communications and notices tol be sent to the Department shall be addressed to:  California State Department ofTax and Fee. Administration  P.O. Box 942879  Sacramento, California 94279-0027 Attention: Administrator Local Revenue Branch  Communications and notices to be sent to the City shall be addressed to:  Jeannie Davis, City Manager CityofFowler 128S5thSt Fowler, CA 93625  Randy Uyeda, Finance Director City of] Fowler 128S5"St Fowler, CA 93625  Unless otherwise directed, transmittals of payment of District transactions and use taxes  will be sent to the address above.  B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April1,2019. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that  Ordinance.  C.N Notice of Repeal ofOrdinance. City shall give the Department written notice of the repeal  oft the City Ordinance not less than 110 days prior to the operative date oft the repeal.  (Rev. 10/17)  5    ARTICLE VI  ADMINISTRATION OF TAXES IF THE ORDINANCE IS CHALLENGED AS BEING INVALID  A. impoundment of funds.  1. When a legal action is begun challenging the validity of the imposition of the tax, the  City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that  the tax is valid.  2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall  transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and  non-appealable.  B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:  1. Department may retain all payments made by City to Department to prepare to  administer the City Ordinance.  2. City will pay to Department and allow Department to retain Department's cost of  administering the City Ordinance in the amounts set forth in Article IV ofthis Agreement.  3. City will pay to Department or to the State of California the amount of any taxes plus  interest and penalties, if any, that Department or the State of California may be required to rebate or  refund to taxpayers.  (Rev. 10/17)    4. City will pay to Department its costs for rebating or refunding such taxes, interest, or  penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section11256  oft the Government Code.  5. Costs may be accounted for in a manner, which conforms to the internal accounting, and  personnel records currently maintained by the Department, The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.  6.3 Any dispute as to the amount of costs incurred by Department in refunding taxes shall  be referred to the State Director ofFinance for resolution and the Director's decision shall be final.  7. Costs incurred by Department in connection with such refunds shall be billed by  Department on or before the 25th day of the second month following the month in which the judgment ofa court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount, of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those  refunds.  CITY OF FOWLER CALIFORNIA STATE DEPARTMENTOF  TAX ANDI FEE ADMINISTRATION  By  By.  (Signature) (Typed Name) (Title)  Administrator  Jeannie Davis City Manager (Rev. 10/17)  7    ITEM 11F  RESOLUTION NO. 2419  AF Resolution Authorizing the Examination of Transactions (Sales) and Use Tax Records WHEREAS, pursuant to Ordinance No. 2018-02 of City of Fowler hereinafter called District and Section 7270 oft the Revenue and Taxation Code, the District entered into a contract with the California Department ofTax and Fee Administration (CDTFA) to perform all functions incident to the administration and operation ofthe Transactions and Use Tax Ordinance; and  WHEREAS, the District deems it desirable and necessary for authorized representatives of the District to examine confidential transactions and use tax records of the California Department of Tax and Fee Administration pertaining to transactions and use taxes collected by the Board for the District pursuant WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of California Department of Tax and Fee Administration records and establishes criminal penalties for the unlawful disclosure ofinformation contained in or derived from,  to that contract; and  the transactions and use tax records of the Board;  NOW,THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:  Section 1. That the City Manager and/or Finance Director or other officer or employee of the District designated in writing by the City Manager to the California Dept ofTax and Fee Administration (hereafter referred to as the CDTFA) is hereby appointed to represent the District with authority to examine transactions and use tax records of the CDTFA pertaining to transactions and use taxes collected for the District by the CDTFA pursuant to the contract between the District and the CDTFA. The information obtained by examination of CDTFA records shall be used only for purposes related to the collection oft the District's transactions and use taxes by the CDTFA pursuant to the contract. *Section 2. That the City Manager and/or Finance Director or other officer or employee of the District designated in writing by the City Manager to the California Dept ofTax and Fee Administration is hereby appointed to represent the District with authority to examine those transactions and use tax records oft the Board for purposes related to the following governmental functions of the District:  a) For Municipal Finance and Accounting Purposes  The information obtained by examination of Board records shall be used only for those governmental  functions of the District listed above.  -1-    *Section 3. That HdL Companies is hereby designated to examine the transactions and use tax records of the California Department of Tax and Fee Administration pertaining to transactions and use taxes collected for the District by the Board. The person or entity designated by this section meets all ofthe a) has an existing contract with the District to examine those transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from those transactions and use tax records only to the officer or employee authorized under Section 1 (or c) is prohibited by that contract from performing consulting services for a retailer during the term d) is prohibited by that contract from retaining the information contained in, or derived from those BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection ofI District's transactions and use taxes by the Board *Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the City of  following conditions:  Section 2) oft this resolution to examine the information;  oft that contract;  transactions and use tax records after that contract has expired.  pursuant to the contracts between the District and Board.  Fowler adopted pursuant to subdivision (b) of] Revenue and Taxation Section 7056.  * Include ini resolution only ifapplicable.  Introduced, approved and adopted this 15"h day of. January, 2019.  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  -2-    AGREEMENT FOR' TKANSACTIONSTAX AUDIT & INFORMATION SERVICES  This Agreement is made and entered into as ofthe  day of  20181 bya and  between the CITY OF FOWLER, hereinafter referred to as "CITY" and HINDERLITER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter referred to as  CONTRACTOR".  I.  RECITALS  WHEREAS, transactions tax revenues can bei increased through a system of continuous monitoring, identification and correction ofallocation errors and reporting deficiencies,  and  WHEREAS, an effective program oft transactions and use tax management can provide  for more accurate budget forecasting and financial planning; and  WHEREAS, CITY desires the combination of data entry, report preparation, and data analysis necessary to effectively manage its Measure "N" transactions and use tax base the recovery of revenues either unreported or erroneously allocated to other  jurisdictions; and  WHEREAS, CONTRACTOR has the programs, equipment and personnel required to deliver the transactions and use tax related services referenced herein;  THEREFORE, CITY and CONTRACTOR, for the consideration hereinafter described,  mutually agree as follows:  11/12/2018    II. SERVICES  The CONTRACTOR shall perform the following services:  A. DEFICIENCY/ALLOCATION REVIEWS. AND RECOVERY  1. CONTRACTOR shall conduct on-going reviews to identify and correct unreported transactions and use tax payments and distribution errors thereby generating previously unrealized revenue for the CITY. Said reviews shall  include:  (i) Comparison ofcounty-wide local tax allocations to transactions tax for brick and mortar stores and other cash egster-lasedbusinesses, where clearly all transactions are conducted on-site within the Measure "N" CITY boundaries, and therefore subject to transactions tax. (ii) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with  nexus within the CITY boundaries.  (ir) Review of state-wide transactions tax allocations and patterns to  identify any obvious errors and omissions.  (iv) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure "NP" Transactions Tax District.  2. CONTRACTOR will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify  2  11/12/2018    whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner sO as to  enhance CITY'srelations with thel business community.  3. CONTRACTOR shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified, and shall follow-up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.  B. DATA BASE MANAGEMENT, REPORTS AND STAFF SUPPORT  1. CONTRACTOR shall establish a database containing all applicable Department ofTax and Fee Administration (CDIFA)registration data for each business within the Measure "N" District boundaries holding a seller's permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where  available.  2. CONTRACTOR shall provide updated reports each quarter identifying changes in allocation totals byi individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also bei identified. Quarterly reconciliation worksheets to assist finance officer with budget forecasting will bei included. 3. CONTRACTOR shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on sales, transactions and uset tax questions.  3  11/12/2018    4. CONTRACTOR shall make available to CITY the HdL proprietary software program and Measure "N" database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated  quarterly.  II. CONFIDENTIALITY  Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee Administration. This section specifies the conditions under which CITY may authorize persons other than CITY officers and employees to examine State Sales, Use and' Transactions Tax records.  The following conditions specified in Section 7056 (b), (1) of the State of California  Revenue and Taxation Code are. hereby made part oft this agreement.  A. CONTRACTOR is authorized by this Agreement to examine sales, use or transactions and use tax records of the Department of Tax and Fee. Administration provided to CITY pursuant to contract under the conditions established by the  California Revenue and Taxation law.  B. CONTRACTOR is required to disclose information contained in, or derived from, those sales, use or transactions and use tax records only to an officer or employee oft the CITY who is authorized by resolution to examine the information.  4  11/12/2018    C. CONTRACTOR is prohibited from performing consulting services for a retailer, as defined in California Revenue & Taxation Code Section 6015, during the term  ofthis Agreement.  D. CONTRACTOR is prohibited from retaining the information contained in, or derived from those sales or transactions and use tax records, after this Agreement has expired. Information obtained by examination of Department ofTax and Fee Administration records shall be used only for purposes related to collection oflocal sales and use tax or for other governmental functions of the CITY as set forth by resolution adopted pursuant to Section 7056(b) oft the Revenue and Taxation Code. The resolution shall designate the CONTRACTOR as a person, authorized to examine sales and use tax records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and  Taxation Code.  IV. CONSIDERATION  A. CONTRACTOR shall be paid $100 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. CONTRACTOR shall be paid 25% ofthei initial amount ofnew transactions or use tax revenue received by the CITY as ai result ofaudit and recovery work performed by CONTRACTOR (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by CITY or CONTRACTOR to be increment attributable to causes other than CONTRACTORS work pursuant tot this agreement. In the event that CONTRACTOR is responsible for an increase in the tax reported by businesses already properly making tax payments to the CITY,it shall be CONTRACTORS responsibility to separate and support the incremental amount attributable toi its efforts prior to the application ofthe audit fee. Said audit  5  11/12/2018    fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by CONTRACTOR and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. CONTRACTOR shall provide CITY with an itemized quarterly invoice showing  all formula calculations and amounts due for audit fees.  CONTRACTOR shall obtain prior approval from CITY for each specific business for which payment of audit fees will be expected. Said approval shall be deemed given when the City Manager or his/her designated representative, signs a Work Authorization form, a copy of which is attached as "Exhibit A." CITY shall pay audit fees upon CONTRACTORS submittal ofevidence of State fund transfers and payments to CITY from businesses identified in the audit and approved by the  CITY.  B. Above sum shall constitute full reimbursement to CONTRACTOR for all direct and indirect expenses incurred by CONTRACTOR in performing audits including the salaries of CONTRACTORS employees, and travel expenses connected with contacting local and out-of-state businesses and the Department of Tax and Fee  Administration Staff.  C. Extra work beyond the Scope of Services set forth in this agreement shall not be performed by CONTRACTOR or reimbursed or paid for by CITY unless such extra work is specifically authorized in writing by City Manager or his/her designated representative. CONTRACTOR shall be compensated for any additional services in the amounts and in the: manner as agreed to by the CITY and CONTRACTOR at the time the CITY's written authorization is given to CONTRACTOR for the  performance of said services.  6  11/12/2018    D. Anyi invoices not paid in accordance with the Thirty (30) day payment terms, shall accrue monthly interest at a rate equivalent to ten percent (10%) per annum until  paid.  E. CONTRACTOR unilaterally retains the right to divide any recovery bills in excess of$25,000 over a one (1)year period (Four (4) quarterly billings).  F.C CONTRACTOR shall provide CITY with an itemized quarterly invoice showing all formula calculations and amounts due for the audit fee (including, without limitation, a detailed listing ofany corrected misallocations), which shall bej paid by  CITY no later than 30 days following the invoice date.  VI. CITYN MATERIALS AND SUPPORT  CITY shall adopt ai resolution in ai form acceptable to the California Department ofTax and Fee Administration and in compliance with Section 7056 of the Revenue and Taxation Code, authorizing CONTRACTOR to examine the confidential sales, use, and transactions tax records ofCITY. CITY further agrees to continue CONTRACTORS authorization to examine the confidential records of the CITY by maintaining CITY's name on the CITY Resolution until such time as all audit adjustments have been completed by the California Department of Tax and Fee. Administration and audit fees  due the CONTRACTOR have been paid.  VII. LICENSE, PERMITS, FEES AND ASSESSENTS  CONTRACTOR shall obtain such licenses, permits and approvals (collectively the "Permits") as may be required by law for the performance of the services required by  7  11/12/2018    this Agreement. CITY shall assist CONTRACTOR in obtaining such Permits, and CITY shall absorb all fees, assessments and taxes which are necessary for any Permits  required to be issued by CITY.  VIII. TERMINATION  This Agreement may be terminated for convenience by either party by giving 30 days written notice to the other ofs such termination and specifying the effective date thereof. Upon the presentation of such notice, CONTRACTOR shall continue to work through the date oftermination. Upon termination as provided herein, CONTRACTOR shalll be paid the value ofall tax analysis and reporting work performed! less payments previously made by CITY. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to amounts due for any unpaid invoices, and tol businesses identified by CONTRACTOR which make tax payments after termination ofthis Agreement as ai result OFCONTRACTORS work. After CITY receives said tax payments for such businesses, CONTRACTOR shall be paid the audit fees resulting from tax payments made by the business for back quarter reallocations. Compensation for any audit work previously authorized and satisfactorily performed shall be made at  the times provided in the preceding section entitled "Consideration."  All documents, data, surveys and reports prepared by CONTRACTOR pursuant to this Agreement shall be considered the property oft the CITY and upon payment for services performed by CONTRACTOR, such documents and other identified materials shall be  delivered to CITY by CONTRACTOR.  IX. INDEPENDENT CONTRACTOR  CONTRACTOR shall perform the services hereunder as an independent contractor and shall furnish such services in his own manner and method, and under no circumstances  8  11/12/2018    or conditions shall any agent, servant, or employee of CONTRACTOR be considered  as an employee ofCITY.  X. COOPERATIVE AGREEMENT  Itisi intended any other public agency (e.g., city, county, district, public authority, public agency, municipality, or other political subdivision of California) located in the state of California shall have an option to procure identical services as set forth in this Agreement. The CITY of Fowler shall incur noi responsibility, financial or otherwise, in connection with orders for services issued by another public agency. The participating public agency shall accept sole responsibility for securing services or making payments  to the vendor.  XI. NON-ASSIGNMENT  This Agreement is not assignable either in whole ori inj part by CONTRACTOR without  the written consent of CITY.  XII. ATTORNEY'S FEES  In the event a legal action is commenced to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable  attorney's fees.  XIII. GOVERNINGLAW  The laws of the State of California shall govern the rights, obligations, duties and liabilities oft the parties to this Agreement and shall also govern thei interpretation ofthis  Agreement.  9  11/12/2018    XIV. INDEMNIFICATION  With respect to losses, claims, liens, demands and causes of action arising out of the CITY's use ofthe EBISOICONTRACTOR: services as provided tot the City pursuant to this Agreement, CONTRACTOR hereby agrees to protect, defend, indemnify, and hold the CITY free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to, the amounts ofju@gmemts,pemalties, interest, court costs, legal fees, and all other expenses incurred by the CITY arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages toj property (including employees or property of the CITY). Except for losses, claims, liens, demands and causes of action arising out ofthe CITY's use of the results OfCONTRACTOR's: services as provided to the City pursuant to this Agreement, the CITY hereby agrees to protect, defend, indemnify, and hold CONTRACTOR free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character arising from CONTRACTOR'S performance or lack ofperformance under this Agreement including, but not limited to, the amounts of judgments , penalties, interest, court costs, legal fees, and all other expenses incurred by CONTRACTOR arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or  property ofthe CONTRACTOR).  Eachj party to this Agreement agrees toi investigate, handle, respond to, provide defense for, and defend at its sole expense any such claims, demand, or suit for which it has agreed to indemnify the other party pursuant to this paragraph. Each party also agrees tol bear all other costs and expenses related toi itsi indemnity obligation, even iftl the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against CONTRACTOR or the  10  11/12/2018    CITY or to enlarge in any way the liability of CONTRACTOR or the CITY but is intended solely toj provide fori indemnification of each party from liability for damages or injuries to third persons or property arising from this contract or agreement on the  terms set forth in this paragraph.  XV. NOTICE  All: notices sent by aj party under this Agreement shall bei in writing and shalll be deemed properly delivered to the other party as oft the date oft receipt, ifreceived on a business day prior to 3:00 PM local time, or otherwise on the next business day after receipt, provided delivery occurs personally, by courier service, or by U.S. mail to the other party at its address set forth below, or to such other address as either party may, by written notice, designate to the other party. Notices to CONTRACTOR shall be sent to HINDERLITER, de LLAMAS and ASSOCIATES, 120 S State College Blvd., Suite 200, Brea, CA 92821; and notices to CITY shall be sent to CITY OF FOWLER, 128  South 5th Street, Fowler, CA 93625.  XVI. ENTIRE AGREEMENT; ETC.  This Agreement expresses the full and complete understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter. This Agreement may not be amended or modified except in writing signed by each of the parties hereto. This Agreement shall be construed as toi its fair meaning and not strictly for or against either party. Theheadings hereof are descriptive only and not to be construed in interpreting the provisions hereof.  11  11/12/2018    XVII. COUNTERPARIS; AUTHORIIYTOSIGN  This Agreement may be executed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signature pages ofthis Agreement transmitted by facsimile or sent by email in portable document format (PDF) will have the same. legal effect as an original executed signature page. Each of the persons signing on behalf of a party hereto represents that he or she has the right and power to execute this Agreement on such  party'sbehalf.  (SIGNATURES ON FOLLOWINGPAGE)  12  11/12/2018    IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorizedi in that behalf.  CITY: CITY OF FOWLER  City Manager CONTRACTOR: ACalifornia Corporation  HINDERLITER, DELLAMAS & ASSOCIATES  Andrew Nickerson, President  APPROVED AS TOFORM: CITY COUNSEL:  13  11/12/2018    EXHIBIT A Transactions Tax Audit Work Authorization No.  The following business or businesses, located in the City of Fowler, have been identified as having the potential to generating additional tax revenues to the City of Fowler. Contractor is hereby authorized to contact the given business(s) and the California Department ofTax and Fee Administration to verify the accuracy of the current reporting methodology and obtain the necessary documentation for the Department of Tax and Fee Administration, to bill for uncollected transactions and use tax payments or modify misallocated payments and to return  revenues that may be due to the District.  Contractor's compensation shall be $100 monthly billed quarterly and 25% of the new transactions tax revenue received by the District as a result of audit and recovery work performed by Contractor, as set forth in the Agreement between Contractor and City.  CITY: CITY OF FOWLER  By: Date:  HINDERLITER, DE LLAMAS AND ASSOCIATES  By: Date:    ITEM 11G  STAFF REPORT  TO: FROM: DATE: CC:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: 2019DEVELOPMENT AND PLANNING FEES  JANUARY9,2019  JEANNIE! DAVIS, CITY MANAGER  REQUESTED ACTION:  Adopt Resolution 2019-2420 approving development and planning fees for calendar year  2019.  DSCUSSION/RECOMMENDATION:  The Municipal Code allows for development and planning fees to be increased annually based on the Engineering News Record (ENR) Construction Cost Index. The ENR construction cost index for 2019 is 2.3%. Staff has developed proposed development and planning fees for 2018, increasing the 2018 fees by 2.3% to accommodate increased costs inj processing and mitigating impacts generated by proposed development projects.    RESOLUTION NO. 2420  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLERAPPROVING WHERAS, pursuant to Government Code Sections 66000 and 66014 et seq. the City is authorized toi impose development impact and planning fees on new development projects; and WHEREAS, pursuant to Ordinance No. 2000-06 and Resolution No. 1805 (adopted by the City Council on July 18, 2000), Ordinance No. 2002-09 and Resolution No. 1895 (adopted by the City Council on December 2, 2002), and Ordinance No. 2206 (adopted by the City Council on October 19, 2010), and the City adopted development impact after finding a reasonable relationship between each fees use and the type of development project on which the fee is imposed and as to how there is a reasonable relationship between the need for the public facility WHEREAS, the development impact fee ordinances, as reflected in Section 3-8.06 of the Fowler Municipal Code, allow for an annual inflationary adjustment in the development impact fees to reflect increases in construction costs. The measure used is the National Average  DEVELOPMENT AND PLANNING FEES FOR 2019  and the type of development project on which the feei is imposed; and  Construction Cost Index according to the Engineer News Record; and same rate as the Development Impact Fees annually; and  WHEREAS, Resolution No. 2206 allows for the Planning Fees to be increased at the WHEREAS, such inflationary adjustments do not increase the basis of the development impact or planning fees and are therefore not considered increases in development impact or  planning fees pursuant to Government Code section 66001; and WHEREAS, the inflationary index for 2019 is 2.3%; and  WHEREAS, the rates set forth in Exhibit A and Exhibit B reflect a 2.3% inflationary NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fowler Approve the rates, fees and charges set forth in Exhibit A as the development impact fees PASSED AND ADOPTED by the City Council of the City of Fowler at a regular  adjustment. as follows: 1.  and in Exhibit B fort the planning fees for the City ofl Fowler effective January 1,2019.  meeting held on the 15th day of. January 2019 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  ATTEST  Mayor David Cardenas City of Fowler  City Clerk, Jeannie Davis    ExhibitA CityofFowler Development Fees 2019 2018 2019 2019 Fee New Fees Increase Fees Dollars Percent Dollars $258.11 2.3% $264.05 $198.00 2.3% $202.55 $198.00 2.3% $202.55 $258.11 2.3% $264.05 $258.11 2.3% $264.05 $258.11 2.3% $264.05 $829.19 2.3% $848.26 $638.26 2.3% $652.94 $638.26 2.3% $652.94 $829.19 2.3% $848.26 $829.19 2.3% $848.26 $829.19 2.3% $848.26 $1,068.01 2.3% $1,092.57 $822.10 2.3% $841.01 $822.10 2.3% $841.01 $1,068.01 2.3% $1,092.57 $1,068.01 2.3% $1,092.57 $1,068.01 2.3% $1,092.57 $4,773.59 2.3% $4,883.38 $4,950.38 2.3% $5,064.24 $6,364.78 2.3% $6,511.17 $7,602.35 2.3% $7,777.20 $8,309.56 2.3% $8,500.68 $3,889.58 2.3% $3,979.04 $2,828.79 2.3% $2,893.85 $2,563.60 2.3% $2,622.56 $2,556.74 2.3% $2,615.55 $2,563.60 2.3% $2,622.56 $2,563.60 2.3% $2,622.56 $2,563.60 2.3% $2,622.56 $2,563.60 2.3% $2,622.56 $2,945.48 2.3% $3,013.23 $2,277.18 2.3% $2,329.56 $2,277.18 2.3% $2,329.56 $707.21 2.3% $723.48 $187.39 2.3% $191.70 $0.83 2.3% $0.85 $53.05 2.3% $54.27 $2,849.28 2.3% $2,914.81 $2,849.28 2.3% $2,914.81 $2,849.28 2.3% $2,914.81 $2,849.28 2.3% $2,914.81 $2,849.28 2.3% $2,914.81  Fee Category  Units  City Management and General Services Low Density Medium Density High Density Commercial Industrial Institution & Parks Law Enforcement Low Density Medium Density High Density Commercial Industrial Institution & Parks Fire Protection Low Density Medium Density High Density Commercial Industrial Institution & Parks Storm Drainage Low Density Medium Density High Density Commercial Industrial Institution & Parks Golf Course Water Supply Low Density Medium Density High Density Commercial Industrial Institution & Parks Recreational Facilities Low Density Medium Density High Density Water Connection Charges Residential Multi-Family Commercial /Industrial Miscellaneous Charges Residential Water Meter Construction Water Low Density Medium Density High Density Commercial Industrial  Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Acre Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Square Foot Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit Dollars Per Equivalent Unit  $498.83 2.3% $510.30 Dollars Per Equivalent Unit" (as of8/29/02)  Wastewater Interceptor: Sewer and Pump Stations  Public Facilities / Institutions $2,849.28 2.3% $2,914.81    Exhibit B  Planning Fee Schedule 2019  Type of Appliçation  2019  Notes  2018 Fee Increase% 2019F Fee $275.28 2.3% $281.61 $2,202.22 2.3% $2,252.87 $812.62 2.3% $831.31 See Notes 1,2 $137.64 2.3% $140.81 $5,753.31 2.3% $5,885.64 Seel Notes 1,2 $8,431.21 2.3% $8,625.13 Seel Notes 1,2 $550.56 2.3% $563.22 $139.84 2.3% $143.06 $447.05 2.3% $457.33 $523.03 2.3% $535.06 $727.30 2.3% $744.03 $519.50 2.3% $531.45 See Notes 1,2 $1,558.50 2.3% $1,594.35 Seel Note3 3 $4,675.50 2.3% $4,783.04 $1,039.00 2.3% $1,062.90 Seel Notes 1,2 $431.19 2.3% $441.11 $1,962.18 2.3% $2,007.31 See Notes 1,2 $2,032.65 2.3% $2,079.40 Seel Notes 1,2 $970.08 2.3% $992.39 $1,927.35 2.3% $1,971.68 See Notes 1,2 $966.27 2.3% $988.49 Seel Notes1,2 $148.65 2.3% $152.07 $4,404.45 2.3% $4,505.75 Seel Notes 1,2 $1,376.39 2.3% $1,408.05 $406.31 2.3% $415.66 $5,064.01 2.3% $5,180.48 See Notes 1,2,3 $6,329.19 2.3% $6,474.76 See Notes 1,2,3 $11,474.68 2.3% $11,738.60 See Notes 1,2,3  Abandoned Residential Property Registration Abandonment of Right-of-Way Administrative Review Administrative Review- Sidewalk Displays Annexation, /P Pre-zone (0-6acres) Annexation, /P Pre-zone (6p plus acres) Annexation Extension Appealt tot the City Council Appealt tot the Planning Commission Building Demolition Permit Building Moving Permit Deferral Agreement Density Bonus Request Finding ofE EIR Conformity Health and Safetyl Inspection Outo ofA Area! Service Agreement Temporary Sign/Banner Water Well Demolition Conditional Use Permit Conditional Use Permit Conditional Use Permit- Amendment Conditional Use Permit- Extension Conditional Use Permit- Major (greatert than lacres site) Conditional Use Permit- Minor (less than1 lacres site/or use withins structure) TemporaryU Use Permit Development. Agreement Development. Agreement- Amendment Environmental Review Categorical Exemption Environmental Review- Negative Declaration Environmental Review- Mitigated Negative Declaration Environmental Review- EIR Environmental Notice ofD Determination- Negative Declaration Environmental Notice of Determination- EIR General Plan Amendment Major (greatert than 5 acres sites) Minor (5a acre ork less sites) General Plan Amendment with Concurrent Rezoning Major (greatert thans 5a acres sites) Minor (5 acre orl less sites) Garage Sale Permit (after 2sales) Home Occupation! Permit  $28.62  2.3%  $29.28  $93.51 $31.17  2.3% 2.3%  $95.66 $31.89  Inl Lieu Parking Fee (atl least7 75%0 of parkingr requirement must ber met, pers space)  Seel Note 4 Seel Note 4  $4,207.95 2.3% $4,304.73 See Notes 1,2 $2,103.98 2.3% $2,152.37 See Notes 1,2 $6,234.00 2.3% $6,377.38 See Notes 1,2 $3,117.00 2.3% $3,188.69 See Notes 1,2  $28.62 $41.56  2.3% $29.28 2.3% $42.52    Land Division Applications Lot Line Adjustment Tentative Parcel Map Final Parcel Map Revised Parcel Map Tentative! Subdivision Map- Small (5-1 10lots) Tentative! Subdivision Map- Greater than1 101 lots Final Subdivision! Map- Small (5-10lots) Final Subdivision! Map- Greater than 101 lots Revised" Tentative Subdivision Map Tentative Tract Mapl Extension Landscaping, / Conservation Review- Residential Landscaping, Conservation Review- Commercial Manufactured Housing Permit Sign Review Site Plan Review Major (greatert than 1a acres sites) Minor (1a acred orl less sites) Preliminary Map/Site Plan! Review (after: 1review) Variance Major (commercial, industrial, multifamily!) Minor( (single family residential) Minor Deviation Zoning Classification ofz Zoning Use Rezoning Zone Map Amendment Zone Text Amendment Notes:  $1,619.74 2.3% $1,656.99 See Notes 1,2 $4,256.90 2.3% $4,354.81 See Notes 1,2 $3,964.00 2.3% $4,055.17 See Notes 1,2 $1,603.22 2.3% $1,640.09 Seel Notes 1,2 $8,518.20 2.3% $8,714.12 See Notes 1,2 $10,133.53 2.3% $10,366.60 See Notes 1,2 $2,828.75 2.3% $2,893.81 $4,361.50 2.3% $4,461.81 $5,800.65 2.3% $5,934.06 See Notes 1,2 $970.08 2.3% $992.39 $580.28 2.3% $593.63 $1,190.30 2.3% $1,217.68 $395.30 2.3% $404.39 $116.72 2.3% $119.40 $2,306.58 2.3% $2,359.63 See! Notes 1,2 $1,153.29 2.3% $1,179.82 See! Notes 1,2 $1,600.06 2.3% $1,636.86 See Notes 1,2 $800.03 2.3% $818.43 Seel Notes 1,2 $115.62 2.3% $118.28 $550.56 2.3% $563.22 $4,150.81 2.3% $4,246.28 See Notes 1,2 $2,078.00 2.3% $2,125.79 See Notes 1,2 $4,227.17 2.3% $4,324.39 Seel Notes 1,2 $4,093.93 2.3% $4,188.09 See Notes1 1,2  $750.00  $750.00  Major Change( (map change greatert than5 acres) Minor Change (map change5 5a acres or less/ort texta amendment)  1.N More Complex projects require a consultant proposal for estimated cost.  2.5 Should a project require additional study, staff time, public hearings, or notification, then additional funds shall be 3.For Negative Declarations and EIRs prepared by qualified consultants under contract tot the City, the fee shall be cost +15%. 4.0 CEQA filing fees shall be as required byt the California Department of Fish and Wildlife website and shalli include filing fees for the Fresno County Clerk. Checks int ther required amount shall be deposited with the City prior tot the final public hearing  Refunds:  1.Ifa an application is withdrawn or returned before iti is deemed complete or within two weeks of submittal, whichever 2.If an application is withdrawn or returned after thei initial period described above, but no later than six months after 3. After six months from application submittal, or once an application has been scheduled for a public hearing or    ITEM 12  COMMITTEE ASSIGNMENTS 2017-18  Fresno County Council of Governments COGIECRTARIME AGENCY.. David Executive Director: Tony Boren Phone number: 233-4148. Meets on the last Thursday of  Cardenas alternate Dan Parra Website: www.fresnocog.org Highway 99 Beautification Committee..  each month at 7:00 p. m. at 2035Tulare Street, Suite 201, Fresno, CA.  Mark Rodriquez-a alternate Leonard Hammer  Contact: Tony Boren (Fresno COG) Phone number: 233-4148. Meets bi-monthly (beginning on. January 28") on the fourth Monday of each month at 3:00 p. m. at the COG offices. General Manager: Ben Munoz - Phone number 897-6500. Meets on the second Thursday of each month at 4:00 p. m. at the S.K.F. District office-1 11301 E. Conejo, Kingsburg Website:  S.K.E.Sanitation District.. www.sklcsd.org  David Cardenas alternate: Dan Parra  Consolidated Mosquito Abatement District..  David Cardenas  General Manager: Steve Mulligan Phone number: (559) 888-2619. Meets the third Monday ofeach month at 1:00 p. m. at the District Office: 2425 Floral Ave. Selma, CA 93662 Website: Five Cities Economic Development Authority.. .Karnig Kazarian alternate: Mark Rodriquez Contact: Fresno County EDC (administrators): Jacob Villagomez (559) 476-2511 Held at rotating locations in (Selma, Fowler, Parlier, Sanger, Kingsburg, Orange Cove, and Reedley) generally on the second Monday ofeach month at 6:00 p. m. EDC Website:  ww.mosqutohuz-ne  www.frenoede-.com  Southeast Regional Solid Waste Commission. Meets on an as needed basis at rotating locations  Mark Kodriqucz-altermate: Daniel Parra  Fowler Recreation Commission Friends of the Fowler Library.  Leonard Hammer  Meets on the second Tuesday of each month at 6:30 p. m. in the Fowler City Council Chamber.  .Mark Rodriquez  San Joaquin Valley Air Pollution Control District Special City Selection Committee .Leonard Hammer, Karnig Kazarian alternate. Meets periodically, generally when vacancies occur on the SJVAPCD Board, at thel Fresno District Office- 1990 E. Gettysburg Finance Committee: (meets periodically with the Finance Director: and City Manager. Limited  Ave. Fresno, CA 93726 (559) 230-6000. Website: www.valleyir.org  to two Councilmembers).-  .Dan Parra and Karnig Kazarian