FOWLER CITY COUNCIL MEETING
AGENDA
TUESDAY, MAY 3, 2022
7:00 P.M.
CITY COUNCIL CHAMBER
128 SOUTH 5TH STREET
FOWLER, CA 93625
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.
City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.
En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.
Consistent with Government Code 54953 as amended by AB 361, and City Council Resolution No. 2522, this meeting may be accessed by members of the public or City Council members via Zoom.
The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/82433484873?pwd=dzRyTDlKTFM0cDhEOXdaSHd0NkQ0QT09 Telephone Number: (253) 215-8782
Meeting ID: 824 3348 4873
Passcode: 312545
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Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.
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 the City's website at www.fowlercity.org.
Resolutions and Ordinances - 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.
1. Meeting Called to Order
2. Roll Call
3. Invocation by Pastor Paul Irwin of Fowler Presbyterian Church
4. Pledge of Allegiance
5. Ceremonial Presentation
5-A. National Public Works Week Proclamation
6. Public Comment
This portion of the meeting is 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.
7. Consent Calendar
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
7-A. RATIFY Warrants for May 3, 2022
7-B. APPROVE Minutes of the April 19, 2022 City Council Meeting 2
7-C. APPROVE Resolution No. 2558, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 as amended by AB 361 (City Attorney)
7-D. ACCEPT a grant award of $5,000 from the UC Davis School of Veterinary Medicine, Koret Shelter Medicine Program, “California for All Animals” statewide animal shelter assistance program and authorize the City Manager to execute related documents. (City Manager)
8. Contested Consent Calendar – Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.
9. General Administration
9-A. City Attorney
i. APPOINT delegates to various boards, agencies, and commissions A. Selma-Kingsburg-Fowler County Sanitation District (SKF) Current Delegate: Vacant
Current Alternate: Parra
Terms Expire: December 31, 2022
B. Fresno Council of Governments (COG)
Current Delegate: Vacant
Current Alternate: Parra
Terms Expire: At the end of the Councilmember’s term
C. Consolidated Mosquito Abatement District
Current Delegate: Vacant
Terms Expire: December 31, 2022
9-B. Police
i. INTRODUCTION of Ordinance No. 2022-03, an Ordinance of the City of Fowler Adopting a Military Equipment Use Policy Pursuant to Assembly Bill 481
9-C. City Manager’s Office
10. Staff Communications (City Manager)
11. Councilmember Reports and Comments
12. Closed Session
12-A. Government Code Section 54956.9(d)(4)
Conference with Legal Counsel – Deciding Whether to Initiate Litigation One Potential Case
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12-B. Government Code Section 54956.9(d)(2)
Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation
Unknown number of potential cases, but at least five
13. Adjourn
Next Ordinance No. 2022-04
Next Resolution No. 2559
CERTIFICATION: I, Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, April 29, 2022.
Angela Vasquez
Angela Vasquez
Deputy City Clerk
4 National Public Works Week
May 15-21, 2022
“It Starts Here”
Whereas, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the City of Fowler; and, Whereas, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and,
Whereas, it is in the public interest for the citizens, civic leaders and children in the City of Fowler to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and,
Whereas, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association; Now therefore be it resolved, the City Council of the City of Fowler, do hereby designate the week May 15-21, 2022 as National Public Works Week; we urge all citizens to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.
In witness whereof, we have set our hands and affixed the Seal of the City of Fowler, California this 3rd day of May 2022.
5-A
5 CHECK NUMBERS CHECK DATES AMOUNT
ACCOUNTS PAYABLE CHECKS
Regular checks 39331-39381 April 20 thru April 26 $ 101,442.41 TOTAL ACCOUNTS PAYABLE CHECKS $ 101,442.41
PAYROLL COSTS
Second April Bi-Monthly Payroll April 30, 2022 $99,170.72TOTAL PAYROLL COSTS $99,170.72 TOTAL CASH DISBURSEMENTS $ 200,613.13
NOTE:
Check #39332-#39341 Void checks - Printing issue
CITY OF FOWLER
WARRANTS LIST
May 3, 2022
7-A
6 SUPERION PAGE NUMBER: 1
DATE: 04/28/2022 CITY OF FOWLER ACCTPA21
TIME: 14:35:06 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39331' and '39381' ACCOUNTING PERIOD: 10/22
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39331 04/20/22 10995 ADT SECURITY SERVICES 6700 SECURITY SYSTEM 0.00 177.27 1001 39342 04/20/22 11970 CENTRAL VALLEY TOXICOLOG 6120 TOXICOLOGY 0.00 38.00 1001 39343 04/20/22 12654 COMCAST 6120 COUNTY INTERNET 0.00 692.52 1001 39344 04/20/22 14612 DALMATIAN FIRE E 6130 SCBAS 0.00 3,879.50 1001 39345 04/20/22 10108 FIVE CITIES EDA - EDC 6020 Q3 JAN-MAR22 0.00 778.62 1001 39346 04/20/22 14397 FOWLER DONUTS 6080 BLOSSOM TRAIL DONUTS 0.00 60.00 1001 39347 04/20/22 14613 MADERA CONCRETE CO 100 REFUND DUP BUS LIC PM 0.00 79.00 1001 39348 04/20/22 10201 METRO UNIFORM & ACCESSOR 6130 UNIFORM BOOTS -GALARZ 0.00 397.70 1001 39349 04/20/22 10325 TULARE COUNTY JAIL INDUS 6010 NAME PLATE 0.00 86.20 1001 39350 04/20/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL - REC 0.00 45.21 1001 39350 04/20/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL SNR CTR 0.00 45.21 TOTAL CHECK 0.00 90.42
1001 39351 04/20/22 14290 XEROX FINANCIAL SERVICES 6120 LEASE 03/25-04/24 0.00 383.63 1001 39351 04/20/22 14290 XEROX FINANCIAL SERVICES 6020 LEASE 03/25-04/24 0.00 383.63 1001 39351 04/20/22 14290 XEROX FINANCIAL SERVICES 6200 LEASE 03/25-04/24 0.00 164.41 1001 39351 04/20/22 14290 XEROX FINANCIAL SERVICES 6160 LEASE 03/25-04/24 0.00 82.21 1001 39351 04/20/22 14290 XEROX FINANCIAL SERVICES 6150 LEASE 03/25-04/24 0.00 82.21 TOTAL CHECK 0.00 1,096.09
1001 39352 04/20/22 14458 VIRTUE PLUMBING 6700 PLUMBING SVC-SEWER 0.00 569.78 1001 39352 04/20/22 14458 VIRTUE PLUMBING 6700 PLUMBING SVC-STOPPAGE 0.00 496.08 TOTAL CHECK 0.00 1,065.86
1001 39353 04/26/22 14614 ANTHONY ARANDA 5000 ABPA CONF PER DIEM 0.00 375.00 1001 39353 04/26/22 14614 ANTHONY ARANDA 5000 CERT REIMB 01/04/22 0.00 199.99 TOTAL CHECK 0.00 574.99
1001 39354 04/26/22 10549 AT&T MOBILITY 6120 AIR CARD 0.00 595.78 1001 39355 04/26/22 12196 BELMONT NURSERY 6200 LANDSCAPE 0.00 497.55 1001 39356 04/26/22 11682 BRITZ SIMPLOT GROWER SOL 6200 SUPPLIES 0.00 728.83 1001 39357 04/26/22 10024 BSK ASSOCIATES 5000 WATER SUPPLIES 0.00 45.00 1001 39357 04/26/22 10024 BSK ASSOCIATES 5000 WATER SUPPLIES 0.00 264.00 TOTAL CHECK 0.00 309.00
1001 39358 04/26/22 10064 COLONIAL LIFE INSURANCE 100 EMPLOYEE DED MAR22 0.00 100.70 1001 39358 04/26/22 10064 COLONIAL LIFE INSURANCE 100 EMPLOYEE DED MAR22 0.00 142.02 TOTAL CHECK 0.00 242.72
1001 39359 04/26/22 12300 COOKS COMMUNICATIONS 6130 RADIO INSTALL 0.00 826.15 7 SUPERION PAGE NUMBER: 2
DATE: 04/28/2022 CITY OF FOWLER ACCTPA21
TIME: 14:35:06 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39331' and '39381' ACCOUNTING PERIOD: 10/22
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39360 04/26/22 10124 COUNTY OF FRESNO 6120 DISPATCH JULY 21 0.00 8,525.95 1001 39361 04/26/22 14512 CSG CONSULTANTS 6160 INSPECTIONS 0.00 3,420.00 1001 39361 04/26/22 14512 CSG CONSULTANTS 6160 PLAN CHECK 0.00 1,035.00 1001 39361 04/26/22 14512 CSG CONSULTANTS 6160 PLAN CHECK 0.00 1,035.00 TOTAL CHECK 0.00 5,490.00
1001 39362 04/26/22 14252 FOWLER ACE HARDWARE 6700 SUPPLIES 0.00 31.55 1001 39363 04/26/22 12567 FRESNO MOBILE RADIO INC 5000 RADIO SERVICES 0.00 240.00 1001 39364 04/26/22 10141 H & H TIRE SERVICES #3, 6200 BALANCE TIRE/TIRES 0.00 452.94 1001 39365 04/26/22 14615 JUICY BAR 6400 FACE PAINTER EASTER 0.00 150.00 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 8500 EMP BENEFITS MAY 22 0.00 314.82 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6025 EMP BENEFITS MAY 22 0.00 413.27 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6130 EMP BENEFITS MAY 22 0.00 572.30 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6400 EMP BENEFITS MAY 22 0.00 768.90 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6700 EMP BENEFITS MAY 22 0.00 768.90 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6030 EMP BENEFITS MAY 22 0.00 1,039.14 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6160 EMP BENEFITS MAY 22 0.00 1,502.80 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6150 EMP BENEFITS MAY 22 0.00 1,753.23 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6020 EMP BENEFITS MAY 22 0.00 2,078.82 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6400 EMP BENEFITS MAY 22 0.00 2,388.10 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 100 EMP BENEFITS MAY 22 0.00 2,431.40 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6200 EMP BENEFITS MAY 22 0.00 4,334.16 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 5000 EMP BENEFITS MAY 22 0.00 7,220.46 1001 39366 04/26/22 13496 KEENAN & ASSOCIATES 6120 EMP BENEFITS MAY 22 0.00 11,117.90 TOTAL CHECK 0.00 36,704.20
1001 39367 04/26/22 10191 LIFE ASSIST, INC 6120 PPE EQUIPMENT 0.00 92.63 1001 39367 04/26/22 10191 LIFE ASSIST, INC 6120 NITRILE GLOVES 0.00 542.70 TOTAL CHECK 0.00 635.33
1001 39368 04/26/22 10203 MID VALLEY PACKAGING & S 6120 COPY PAPER 0.00 183.56 1001 39369 04/26/22 11653 MUNICODE 6025 COPIES ZONING CODE 0.00 711.68 1001 39370 04/26/22 10215 NELSON HARDWARE & GIFTS 6200 GRABER TOOL 0.00 49.88 1001 39371 04/26/22 10237 P G & E - SACRAMENTO 2250 ADAMS/TRFSGL 3/30/22 0.00 89.97 1001 39372 04/26/22 14433 PRICE PAIGE & COMPANY 6030 PREP 19-20 0.00 3,983.00 1001 39372 04/26/22 14433 PRICE PAIGE & COMPANY 6030 PREP 20-21 0.00 25,585.00 TOTAL CHECK 0.00 29,568.00
1001 39373 04/26/22 14479 RG POWER 6130 GENERATOR 0.00 520.07 1001 39374 04/26/22 11195 ROBERT V JENSEN INC 6130 FUEL 0.00 375.09 8 SUPERION PAGE NUMBER: 3
DATE: 04/28/2022 CITY OF FOWLER ACCTPA21
TIME: 14:35:06 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39331' and '39381' ACCOUNTING PERIOD: 10/22
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39375 04/26/22 10518 SIGNMAX! 6260 SIGN/DECAL 0.00 254.62 1001 39376 04/26/22 13355 SITE ONE LANDSCAPE SUPPL 6200 SPRINKLER SUPP 0.00 108.31 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 100 EMP BENEFITS MAY 22 0.00 1,387.62 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6030 EMP BENEFITS MAY 22 0.00 112.78 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6150 EMP BENEFITS MAY 22 0.00 119.43 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6260 EMP BENEFITS MAY 22 0.00 132.72 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6020 EMP BENEFITS MAY 22 0.00 150.61 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6160 EMP BENEFITS MAY 22 0.00 185.79 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 5000 EMP BENEFITS MAY 22 0.00 190.43 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6200 EMP BENEFITS MAY 22 0.00 368.28 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6120 EMP BENEFITS MAY 22 0.00 802.92 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 8500 EMP BENEFITS MAY 22 0.00 10.61 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6130 EMP BENEFITS MAY 22 0.00 16.59 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6400 EMP BENEFITS MAY 22 0.00 33.18 1001 39377 04/26/22 13647 SUN LIFE FINANCIAL 6700 EMP BENEFITS MAY 22 0.00 33.18 TOTAL CHECK 0.00 3,544.14
1001 39378 04/26/22 13543 UNIFIRST CORPORATION 6200 UNIFORMS/CLOTHS 0.00 235.89 1001 39379 04/26/22 13521 UNITY IT 6120 TECHNOLOGY REPAIR 0.00 39.99 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6020 EMP BENEFITS MAY 22 0.00 43.31 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6160 EMP BENEFITS MAY 22 0.00 75.79 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 5000 EMP BENEFITS MAY 22 0.00 85.65 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6200 EMP BENEFITS MAY 22 0.00 137.83 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6120 EMP BENEFITS MAY 22 0.00 239.21 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 100 EMP BENEFITS MAY 22 0.00 260.76 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6130 EMP BENEFITS MAY 22 0.00 4.92 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 8500 EMP BENEFITS MAY 22 0.00 4.93 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6400 EMP BENEFITS MAY 22 0.00 9.85 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6700 EMP BENEFITS MAY 22 0.00 9.85 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6150 EMP BENEFITS MAY 22 0.00 12.80 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6030 EMP BENEFITS MAY 22 0.00 25.59 1001 39380 04/26/22 11335 VISION SERVICE PLAN - (C 6260 EMP BENEFITS MAY 22 0.00 29.55 TOTAL CHECK 0.00 940.04
1001 39381 04/26/22 11382 WHISENHUNT, GARY 5000 ABPA CONF PER DIEM 0.00 375.00 TOTAL CASH ACCOUNT 0.00 101,442.41
TOTAL FUND 0.00 101,442.41
TOTAL REPORT 0.00 101,442.41
9 1
MINUTES OF THE FOWLER CITY COUNCIL MEETING
Tuesday April 19, 2022
Mayor Pro-Tem Rodriquez called the meeting to order at 7:00 p.m.
Councilmembers Present: Rodriquez, Kazarian, Mejia, Parra City Staff Present: City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Fire Chief Lopez, Finance Director Moreno, Deputy City Clerk Vasquez
5. CEREMONIAL PRESENTATIONS
5-A. Fowler Youth Cheerleader Recognition
The Fowler Youth Cheerleading Squad was recognized by Council. 5-B. APPROVE Proclamation “Day of Remembrance of the Armenian Genocide and Prevention of Future Genocides”
Councilmember Kazarian read the “Day of Remembrance of the Armenian Genocide and Prevention of Future Genocides” Proclamation and presented the Proclamation to Father Der Gomidas of St. Gregory Armenian Apostolic Church.
Councilmember Parra made a motion to APPROVE Proclamation “Day of Remembrance of the Armenian Genocide and Prevention of Future Genocides”, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Kazarian, Rodriquez.
6. PUBLIC COMMENT
There was no public comment.
7. CONSENT CALENDAR
Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Mejia, Rodriquez.
8. CONTESTED CONSENT CALENDAR
N/A
9. GENERAL ADMINISTRATION
7-B
10 2
9-A. Finance
i. Actions pertaining to the fiscal year 2021-22 third quarter financial report and budget amendments:
• ACCEPT the fiscal year 2021-22 third quarter budget report. • ADOPT Resolution No. 2556 approving fiscal year 2021-22 proposed budget amendments.
Finance Director Moreno presented the City’s third quarter budget report on revenues and expenses through March 31, 2022 along with recommended budget adjustments and the reasoning for those adjustments.
Councilmember Kazarian made a motion to APPROVE fiscal year 2021- 22 third quarter budget report, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Parra, Rodriquez.
Councilmember Parra made a motion to APPROVE Resolution No. 2556, approving fiscal year 2021-22 proposed budget amendments, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Kazarian, Rodriquez.
9-B. PUBLIC WORKS
i. Discuss and Consider Actions pertaining to the City of Fowler’s Solar/Energy Conservation Project.
A. Receive analysis from ARC Alternatives regarding alternatives for Project procurement process.
B. Provide Staff direction on next steps for the Project, which may include authorizing the City Manager or designee to negotiate a Project Agreement with the selected vendor.
C. ADOPT Resolution No. 2557 approving California Energy Commission Energy Conservation Assistant Act (ECAA) loan application submittal and related CEQA exemption.
City Manager Quan introduced Simon Olivieri of ARC Alternatives. Mr.
Olivieri provided an overview of the vendor selection process. He stated they interviewed various proposers and recommend awarding the contract to Pacific Solar.
Councilmembers asked questions about the Net Energy Metering (NEM) 2.0 program, loan parameters with repayment terms, and system monitoring. After discussion, it was the consensus of the Council to move forward with Pacific 11 3
Solar with the discussed specific contract criteria. City Manager Quan stated the Pacific Solar contract will be on the June 7, 2022 Council Agenda.
Councilmember Kazarian made a motion to APPROVE Resolution No. 2557 approving California Energy Commission Energy Conservation Assistant Act (ECAA) loan application submittal and related CEQA exemption, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Parra, Rodriquez. 9-C. CITY MANAGERS OFFICE
i. Animal Control Update
City Manager Quan reported staff plan to terminate the Second Chance Animal Shelter contract. She stated that Fresno Humane will be contracted at a lower annual rate with additional services. City Manager Quan also reported staff are applying for a UC Davis Grant to help offset the City’s animal control costs.
City Manager Quan announced the May 3, 2022 Council meeting will begin at 6:00 p.m. and as of now, there will not be a May 17, 2022 Council meeting.
10. STAFF COMMUNICATIONS – (CITY MANAGER)
Community Development Director Gaffery provided an update on code enforcement and the Fresno County Economic Development Corporation’s promotional video.
Finance Director Moreno shared HDL’s quarterly sales tax update.
Public Works Director Dominguez provided various updates including city-wide water meter replacements, street restriping, and ramp closures on State Route 99.
Police Chief Alcaraz provided various updates including DOJ crime statistics for March 2022 and how the department and various agencies are handling the recent surge of street racing in the area.
11. COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Kazarian provided clarification on the amended “Day of Remembrance of the Armenian Genocide and Prevention of Future Genocides” Proclamation. He also provided an update on the SKGSA meeting and announced he will be the emcee for the Armenian Genocide Commemoration and Flag Raising in Fresno. Councilmember Kazarian also shared ideas in honoring Mayor Cardenas. City Manager Quan stated staff is currently researching ideas and will seek Council direction at a future Council meeting. 12 4
Councilmember Parra provided an update on SKF and League of California Cities meetings.
Councilmember Mejia thanked Council for attending the Easter Egg Scavenger Hunt.
12. CLOSED SESSION
No reportable action was taken on the two items.
13. ADJOURNMENT
Having no further business, the meeting adjourned at 9:48 p.m. 13 CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-C
REPORT TO THE CITY COUNCIL
May 3, 2022
FROM SCOTT CROSS, City Attorney
SUBJECT
APPROVE Resolution No. 2558, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared Stare of Emergency in Accordance with Government Code Section 54953 as amended by AB 361
RECOMMENDATION
Approve Resolution No. 2558 if the City Council makes the findings required by Government Code Section 54953(e)(3) to continue to allow City Council members to attend City Council meetings via remote teleconferencing without following typical Brown Act requirements for teleconference participation by City Council members at City Council meetings. The Resolution also authorizes the City’s other commissions to continue meeting remotely for as long as the City Council authorizes.
BACKGROUND
The City Council approved Resolution No. 2522 on October 19, 2021, authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361 during the COVID-19 declared emergency. To continue with the “relaxed” remote teleconferencing for City Council and other commission meetings Government Code Section 54953 requires the City Council to make findings every 30 days that (1) it has reconsidered the circumstances of the state of emergency, and either (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) state or local officials continue to impose or recommend measures to promote social distancing. 14 APPROVE Resolution No. 2558
May 3, 2022
Fowler City Council meetings are currently conducted in a manner that allows the public and Council members to attend in person or via teleconference in compliance with applicable legal requirements.
Approving this resolution would not change the way members of the public are allowed to participate in meetings (both in-person and teleconference attendance is allowed) and would also allow City Council members to continue to attend meetings via teleconference, if desired, without complying with the typical Brown Act requirements for teleconferencing attendance at City Council meetings.
The proclaimed COVID-19 emergency is still in effect and there may be occasions when the proclaimed emergency directly impacts the ability of members of the public or Council members to meet safely in person. Also, some state and local officials continue to recommend measures to promote social distancing. As a result, the necessary findings can be made, if desired, to continue with remote teleconferencing for City Council and other commission meetings. These findings must be made every 30 days to continue with the relaxed Brown Act teleconference requirements.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
No fiscal impact is anticipated whether this Resolution is approved or not.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2558
15 RESOLUTION NO. 2558
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING FOR CITY
COUNCIL MEETINGS AND COMMISSION MEETINGS DURING DECLARED
STATE OF EMERGENCY IN ACCORANCE WITH GOVENRMENT CODE SECTION 54953 AS AMENDED BY AB 361
WHEREAS, on March 4, 2020, the Governor of California declared a state of emergency in the State as a result of the COVID-19 pandemic; and
WHEREAS, pursuant to Resolution 2461, approved by the Fowler City Council on March 17, 2020, the City Council declared a local emergency as a result of the threatened spread of COVID-19 in the City, surrounding areas, and the state; and WHEREAS, on March 17, 2020, with the issuance of Executive Order N-29-20, the Governor suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other remote means; and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, AB 361 was enacted on September 16, 2021, enacting certain changes to the Brown Act for teleconferencing and remote participation at public meetings as set forth in Government Code Section 54953; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, has not been rescinded and remains in effect; and
WHEREAS, the City Council has determined that teleconferencing from remote locations by the public and City Council members has not limited participation of members of the public, Council members, or other attendees at City Council or other City commission meetings; and WHEREAS, on October 19, 2021, the City Council approved Resolution No. 2522 authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361; and WHEREAS, Government Code Section 54953, as amended by AB 361, requires the City Council to make certain findings every 30 days after approving Resolution No. 2522 in order to continue with remote teleconferencing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler as follows:
1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency and finds that the following circumstances exist:
16 A. The state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person; and
B. State or local officials continue to recommend measures to promote social distancing.
2. This Resolution shall be effective immediately and a similar resolution shall be a standing item on City Council meeting agendas each month to reconsider the circumstances of the COVID19 state of emergency and determine whether the state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until the necessary findings required for continuing remote teleconferencing are no longer approved by the City Council.
PASSED, APPROVED AND ADOPTED this 3rd day of May 2022, at a regular meeting of the Fowler City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Mark Rodriquez, Mayor Pro-Tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
17 CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-D
REPORT TO THE CITY COUNCIL
May 3, 2022
FROM WILMA QUAN, City Manager
SUBJECT
ACCEPT a grant award of $5,000 from the UC Davis School of Veterinary Medicine, Koret Shelter Medicine Program, “California for All Animals” statewide animal shelter assistance program and authorize the City Manager to execute related documents.
RECOMMENDATION
Staff recommend the City Council accept a grant award of $5,000 from the UC Davis School of Veterinary Medicine, Koret Shelter Medicine Program, “California for All Animals” statewide animal shelter assistance program and authorize the City Manager to execute related documents.
BACKGROUND
In the FY 2020-21 budget, Governor Newsom proposed $50 million in one-time General Fund dollars for the UC Davis Koret Shelter Medicine Program to develop a program that provides expertise, support, and local assistance grants over a five-year period to help local communities achieve the state’s policy goal that no adoptable or treatable dog or cat should be euthanized. Because of the enormous changes forced by the COVID-19 pandemic, the governor scaled back his plan while showing his continued commitment to the goal with a $5 million allotment for a two-year pilot project funded in April, 2021. Governor Newsom’s proposed augmentation of $45M in May was signed into law on July 27, 2021.
In exchange for funding, the City will provide the UC Davis Koret Shelter Medicine Program with past and ongoing animal shelter data through calendar 2026.
18 ACCEPT a grant award of $5,000 from the UC Davis School of Veterinary Medicine May 3, 2022
ENVIRONMENTAL REVIEW
This does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
This grant will help offset animal control expenses incurred in the General Fund.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
19 CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 9-B
REPORT TO THE CITY COUNCIL
May 3, 2022
FROM RUDY ALCARAZ, Police Chief
SUBJECT
INTRODUCTION of Ordinance No. 2022-03, an Ordinance of the City of Fowler Adopting a Military Equipment Use Policy Pursuant to Assembly Bill 481.
RECOMMENDATION
Staff recommend City Council introduce an ordinance adopting a Military Equipment Use Policy in accordance with Assembly Bill 481 (“AB 481”).
BACKGROUND
AB 481 was enacted in 2021 and became effective on January 1, 2022, and is codified in Government Code sections 7070 through 7075. This new law requires law enforcement agencies (“LEAs”) to obtain approval from the applicable governing body of a military equipment use policy before obtaining funding, acquiring, or using military equipment. The policy must be adopted by ordinance. “Military equipment” is defined broadly to include, without limitation, the following equipment: unmanned aerial (drones) or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, and foundational equipment, such as rifles. Many LEAs use this type of equipment as a component of overall best practices throughout the country, and such equipment can play an important role in protecting the public and police officers, safeguarding lives, and protecting civil liberties. 20 Ordinance Adopting Military Equipment Use Policy
May 3, 2022
Currently, the Fowler Police Department (“Department”) does not own any equipment that is subject to AB 481 compliance. However, the Department seeks City Council approval of Policy 705, by adopting Ordinance No. 2022-03, for two primary reasons. Policy 705 will allow for other LEAs to use military equipment when assisting the Department within the City, so long as the assisting LEA has a similar military equipment use policy adopted by its respective governing body. Also, should the Department identify a future opportunity or need to acquire equipment deemed “military equipment,” a military equipment use policy approved in accordance with AB 481 is required before such equipment can be acquired or funding can be sought to acquire such equipment. Approving Policy 705 will safeguard the public and police officers, and also allow the City to be in a position to acquire such equipment if desired in the future. Any future acquisition of equipment deemed “military equipment” will comply with applicable funding and procurement requirements, including City Council approval.
Policy 705 includes safeguards for the use of military equipment, including transparency, oversight, and accountability. If the Department acquires military equipment in the future, in addition to satisfying any City funding and procurement requirements, Policy 705 will be updated to include an inventory of each piece of military equipment and the use and cost of each piece of equipment. Additionally, if military equipment is obtained, the Department must annually submit a military equipment report for each approved type of military equipment to City Council for as long as the equipment is available for use. Thereafter, the Department must make each annual report publicly available on its website for as long as the equipment is available for use. The annual report must be presented to and reviewed by the City Council at a regular meeting each year at which the City Council must determine whether each type of military equipment identified in the report continues to comply with the standard of approval, and the City Council must also determine whether to renew the ordinance approving Policy 705.
As required by AB 481, the proposed Policy 705 has been posted on the Department’s website and available for public review for at least thirty (30) days. If Policy 705 is approved, it will remain posted and publicly available on the Department’s website.
ENVIRONMENTAL REVIEW
None.
FISCAL IMPACT
None.
CONFLICT OF INTEREST
None.
Attachments
- Ordinance No. 2022-03
- Policy 705
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ORDINANCE NO. 2022-03
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FOWLER
ADOPTING A MILITARY EQUIPMENT USE POLICY
The City Council of the City of Fowler does hereby ordain as follows:
SECTION 1. Findings.
The City Council finds:
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, which codified procedures of funding, acquisition and use of military equipment by law enforcement agencies under Government Code sections 7070 through 7075.
B. Assembly Bill 481 requires law enforcement agencies to obtain approval from the applicable governing body by ordinance adopting a military equipment use policy prior to taking certain actions relating to funding, acquisition, or use of military equipment.
C. Assembly Bill 481 allows a city council of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations pursuant to Government Code section 7071.
D. Assembly Bill 481 requires law enforcement agencies to annually submit to the applicable governing body a military equipment report for each approved type of military equipment for as long as the military equipment is available for use, and to make each annual report publicly available on its website for as long as the equipment is available for use.
E. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the military equipment report submitted by the law enforcement agency to determine whether each type of military equipment identified in the report continues to comply with the standard of approval.
F. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the ordinance and vote on whether to renew the ordinance at a regular meeting.
G. Policy 705 of the Fowler Police Department Policy Manual has been prepared by the Fowler Police Department as its proposed military equipment use policy, and it has been published on the Fowler Police Department’s internet website since April 1, 2022.
H. A duly noticed public hearing was conducted by the City Council at its regular meeting on May 3, 2022, to consider Policy 705.
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SECTION 2. Determinations.
A. Based on the above-findings and the information provided to the City Council at the public meeting, the City Council determines that Policy 705 of the Fowler Police Department Policy Manual complies with standards for approval under Government Code section 7071:
1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. Policy 705 of the Fowler Police Department Policy Manual will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. All military equipment use prior to the adoption of Policy 705 of the Fowler Police Department Policy Manual complied with applicable Department policy in effect at that time, and adoption of Policy 705 will ensure future compliance.
B. Policy 705 of the Fowler Police Department Policy Manual is approved and adopted.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption but will not be codified in the City’s Municipal Code.
SECTION 4. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one (1) insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted, and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
* * * * * * * * * *
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The foregoing Ordinance No. 2022-03 was introduced at a regular meeting of the City Council of the City of Fowler held on May 3, 2022, and was thereafter duly adopted at a regular meeting of said City Council held on June 7, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mark Rodriquez, Mayor Pro Tem
ATTEST:
______________________________
Angela Vasquez, Deputy City Clerk
J:\wdocs\00250\036\ord\00935445.DOCX
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Policy
705
Fowler Police Department
Fowler PD Policy Manual
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Fowler Police Department (“Department’).
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (“MRAP”) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (“HMMWV”), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles and dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a track system instead of wheels for forward motion. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld ram designed to be operated by one person. • Firearms and ammunition of fifty (.50) caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
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• Specialized firearms and ammunition of less than fifty (.50) caliber, including firearms and accessories identified as assault weapons pursuant to Penal Code sections 30510 and 30515, except standard Department-issued firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools, including, but not limited to, grenades.
• Munitions containing tear gas or oleoresin capsicum (“OC”), excluding standard Department-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (“LRAD”).
• Kinetic energy weapons and munitions, including, but not limited to, projectile launchers, bean bag rounds, and rubber bullet.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
• Notwithstanding Government Code section 7070 paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. 705.2 POLICY
It is the policy of the Department that Department members comply with the provisions of Government Code section 7071.
705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a Department member to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department (Government Code § 7071).
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(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The Department does not currently own any qualifying military equipment.
If the Department acquires military equipment, pursuant to the governing body’s approval, the Department shall properly maintain an appropriate military equipment inventory pursuant to Government Code section 7072.
With an established inventory, the Department may maintain a level of listed-supplies of expendable and component materials that are used with the Department’s approved-military equipment. The Department may replenish the listed-supplies up to the established-quantities on the inventory list without the prior approval of the governing body. The Department’s autonomy to appropriately replenish listed-supplies ensures that essential equipment is readily available.
705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this military equipment use policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment use policy is submitted to the governing body and is available on the Department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment use policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to Title 10 of the United States Code section 2576a.
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(b) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment may be used by any other law enforcement agency or members in this jurisdiction if such military equipment has been approved for use in accordance with this policy.
Military equipment, not listed in Section 705.4, used by other jurisdictions providing mutual aid to this jurisdiction shall comply with their respective military use policies in rendering mutual aid. 705.7 ANNUAL REPORT
Upon approval of this policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one (1) year of approval, and annually thereafter for as long as the military equipment is available for Department use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in the Department inventory.
705.8 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one (1) well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
In accordance with Section 705.3(g) of this Policy and Government Code section 7070, subdivision (d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy. The 28 5
Department will monitor all complaints, concerns, and questions to ensure timely responses are completed. Complaints, concerns, or questions may be submitted by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: (559) 834-3113 ext. 111
3. Via postal mail to: Fowler Police Department, Attn: Chief of Police, 128 South Fifth Street, Fowler, CA 93625
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