Fowler City Council
June 21, 2022

MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, JUNE 21, 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/84932179184?pwd=WGZmRHcyMEdOSXR0akNzNGo3S2ZSZz09 Telephone Number: (253) 215-8782
Meeting ID: 849 3217 9184
Passcode: 764279

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 Jesus Valencia from Vision Church

4. Pledge of Allegiance

5. Ceremonial Presentation
5-A. Fire Department Commendations

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 June 21, 2022
7-B. APPROVE Minutes of the June 7, 2022 City Council Special Meeting

7-C. APPROVE Resolution No. 2567, 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 donation to the City in the amount of $1,500 from Waste Management for Farmers Market (Recreation)
7-E. ACCEPT various donations for Shirakawa Park interpretive signage (Planning) 7-F. APPROVE Resolution No. 2568, Calling and Giving Notice of a General Municipal Election to be Held in the City of Fowler on Tuesday, November 8, 2022 for the Election of Certain Officers; Requesting the Board of Supervisors of the County of Fresno to Consolidate and Canvass the Election; Authorizing the County Clerk/Registrar of Voters of Fresno County to Render Specific Services to the City of Fowler Relating to the Conduct of the General Municipal Election and Appropriating Funds to Pay for Said Services; and Establishing Regulations for Candidates Pertaining to Candidate Statements (City Clerk) 7-G. APPROVE Resolution No. 2569, approving amendments to and adoption of the City’s Conflict of Interest Code (City Clerk)
7-H. ADOPT Ordinance No. 2022-03, an Ordinance of the City of Fowler Adopting a Military Equipment Use Policy Pursuant to Assembly Bill 481 (Police) 7-I. APPROVE an agreement with Fresno Humane Animal Services for animal control and shelter services for the period beginning June 1, 2022 through June 30, 2025, on a time and materials basis, in an amount not to exceed $30,000 (City Manager)
7-J. APPROVE Agreement for Professional Legal Services as City Attorney with Lozano Smith (City Manager)
7-K. AWARD the Golden State Blvd Bike/Pedestrian Path (Adams to Clayton) Project ATPL 5173 (037) (Public Works)
7-L. ACCEPT the Adams Avenue Reconstruction – Phase 2 & 3 – STPL 5173 (033) & (035) Project (Public Works)
7-M. APPROVE Resolution No. 2570 for a project list of SB 1 Local Streets and Road Maintenance and Rehabilitation Account funds for fiscal year 2022-23 (Public Works)
7-N. Actions pertaining to the Fowler Senior Meals (CDBG 19232-CV) (Finance) • APPROVE Amendment I to Agreement with the City of Fowler (CDBG 19232-CV)

• ADOPT Resolution No. 2571 amending the 2021-2022 Adopted Budget to appropriate $9,026 Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grant funding

8. General Administration
8-A. Public Works
i. APPROVE a contract with Pacific Solar Inc., in the amount of $155,020.52 for the Fire Station Solar Project and authorize the City Manager or her designee to execute the agreement
ii. Median treatment to the State Route 99 improvement project 8-B. City Council
i. Discuss and Receive Direction Regarding a Potential Fire Department Sales Tax Measure.
8-C. Planning
i. INTRODUCTION of an Ordinance amending Title 3, Chapter 1, of the Fowler Municipal Code regarding business licenses
8-D. City Manager’s Office

9. Staff Communications (City Manager)

10. Councilmember Reports and Comments

11. Adjourn
Next Ordinance No. 2022-05
Next Resolution No. 2572
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, June 17, 2022.

Angela Vasquez
Angela Vasquez
Deputy City Clerk

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 39653-39732 June 8 thru June 15 $ 255,666.90 TOTAL ACCOUNTS PAYABLE CHECKS $ 255,666.90

PAYROLL COSTS
First June Bi-Monthly Payroll June 15, 2022 99,578.00 $ TOTAL PAYROLL COSTS $ 99,578.00
TOTAL CASH DISBURSEMENTS $ 355,244.90
NOTE:

Check #39655 Void check Check #39699 Void check carry over to check #39700 Check #39716 Void check carry over to check #39717

CITY OF FOWLER

WARRANTS LIST
June 21, 2022
7-A
SUPERION PAGE NUMBER: 1
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39653 06/08/22 14519 AMAZON CAPITAL SERVICES 6120 BROTHER INK 0.00 238.10 1001 39653 06/08/22 14519 AMAZON CAPITAL SERVICES 6120 SHARPS CONTAINER 0.00 78.24 TOTAL CHECK 0.00 316.34
1001 39654 06/08/22 10026 BCT CONSULTING 5000 VOLP SVC 6/1/22 0.00 250.00 1001 39654 06/08/22 10026 BCT CONSULTING 6120 SVC 6/3/22 0.00 375.00 1001 39654 06/08/22 10026 BCT CONSULTING 6150 SVC 6/3/22 0.00 375.00 1001 39654 06/08/22 10026 BCT CONSULTING 6030 SVC 6/3/22 0.00 375.00 1001 39654 06/08/22 10026 BCT CONSULTING 5000 SVC 6/3/22 0.00 375.00 1001 39654 06/08/22 10026 BCT CONSULTING 6120 VOLP SVC 6/1/22 0.00 250.00 1001 39654 06/08/22 10026 BCT CONSULTING 6150 VOLP SVC 6/1/22 0.00 250.00 1001 39654 06/08/22 10026 BCT CONSULTING 6030 VOLP SVC 6/1/22 0.00 250.00 TOTAL CHECK 0.00 2,500.00
1001 39655 06/08/22 11291 THE BUSINESS JOURNAL 6120 PATROL TIRES 0.00 624.40 1001 39655 06/08/22 11291 THE BUSINESS JOURNAL 6120 PATROL TIRES 0.00 312.20 1001 39655 V 06/08/22 11291 THE BUSINESS JOURNAL 6120 PATROL TIRES 0.00 -624.40 1001 39655 V 06/08/22 11291 THE BUSINESS JOURNAL 6120 PATROL TIRES 0.00 -312.20 1001 39655 V 06/08/22 11291 THE BUSINESS JOURNAL 6080 PUB HEAR-L&L 0.00 -192.50 1001 39655 06/08/22 11291 THE BUSINESS JOURNAL 6080 PUB HEAR-L&L 0.00 192.50 TOTAL CHECK 0.00 0.00
1001 39656 06/08/22 10031 CALIFORNIA POLICE CHIEFS 6120 ANNUAL DUES 0.00 348.00 1001 39657 06/08/22 14356 COMCAST 6700 CABLE 05/25-06/24 0.00 224.30 1001 39658 06/08/22 14243 FOWLER ACE HARDWARE 6120 OFFICE LIGHT BULBS 0.00 56.23 1001 39658 06/08/22 14243 FOWLER ACE HARDWARE 6120 VEHICLE KEYS 0.00 8.64 TOTAL CHECK 0.00 64.87
1001 39659 06/08/22 14248 FOWLER ACE HARDWARE 6130 E103-GAS CAN 0.00 51.93 1001 39659 06/08/22 14248 FOWLER ACE HARDWARE 6130 CAR WASH 0.00 8.65 TOTAL CHECK 0.00 60.58
1001 39660 06/08/22 14252 FOWLER ACE HARDWARE 6700 BATTERIES-SUPPLIES 0.00 12.97 1001 39661 06/08/22 10122 FRESNO COUNTY FIRE PROTE 6020 VEHICLE GRAPHICS 0.00 679.20 1001 39662 06/08/22 14636 GARCIA & FRANCO,HENRY & 500 UB REFUND 0.00 96.93 1001 39663 06/08/22 10141 H & H TIRE SERVICES #3, 6120 TIRE MOUNT 0.00 100.00 1001 39664 06/08/22 13477 HDL SOFTWARE LLC 6030 APR-JUNE22 0.00 1,017.13 1001 39665 06/08/22 13127 HEALTHWISE SERVICES 6120 SHARPS CONTAINER 0.00 713.13 1001 39666 06/08/22 10145 HINDERLITER, DELLAMAS & 6030 SERVICE Q4-2021 0.00 300.00 1001 39667 06/08/22 11018 HOME DEPOT CREDIT SERVIC 6200 CONCERT SUPPLIES 0.00 51.86 1001 39667 06/08/22 11018 HOME DEPOT CREDIT SERVIC 6020 FIRE JANTRL SUPPLIES 0.00 55.31 1001 39667 06/08/22 11018 HOME DEPOT CREDIT SERVIC 6200 CITY HALL-PAINT 0.00 172.95 1001 39667 06/08/22 11018 HOME DEPOT CREDIT SERVIC 6200 WOOD FOR FENCE REPAIR 0.00 179.89 SUPERION PAGE NUMBER: 2
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39667 06/08/22 11018 HOME DEPOT CREDIT SERVIC 6020 FIRE JANITRL SUPPLIES 0.00 188.96 TOTAL CHECK 0.00 648.97
1001 39668 06/08/22 14485 KOFF & ASSOCIATES, INC. 6020 CLASS & COMP STUDY 0.00 560.00 1001 39669 06/08/22 14559 M.E.D. ENTERPRISES INC. 2000 CONSULTINGSVC MAY22 0.00 600.00 1001 39670 06/08/22 10201 METRO UNIFORM & ACCESSOR 6120 DUTY GEAR 0.00 300.50 1001 39670 06/08/22 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORM - YANG 0.00 482.60 TOTAL CHECK 0.00 783.10
1001 39671 06/08/22 14428 NAVIA BENEFIT SOLUTIONS 6020 COBRA-MAY22 0.00 36.45 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 SPR 22-03 0.00 102.20 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 CUP 19-02 0.00 181.30 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 SPR 22-07 0.00 196.00 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 AA 22-15 0.00 269.50 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 TTM 21-15 0.00 446.60 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 CUP 22-09 0.00 586.60 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 ON CALL GRANTS 0.00 15,307.20 1001 39672 06/08/22 13655 PROVOST & PRITCHARD 6150 ANNEX 19-03 0.00 9.10 TOTAL CHECK 0.00 17,098.50
1001 39673 06/08/22 10249 QUILL 6160 SAFETY TAPE 0.00 35.95 1001 39673 06/08/22 10249 QUILL 6160 CORK BOARD 0.00 52.30 1001 39673 06/08/22 10249 QUILL 6160 TAPE, FIRST AID KITS 0.00 132.64 TOTAL CHECK 0.00 220.89
1001 39674 06/08/22 13075 RAPID AUTOBODY AND WHEEL 6120 TAIL LIGHT REPAIR 0.00 647.59 1001 39675 06/08/22 10288 SMART & FINAL 6700 SNTR CTR SUPPLIES 0.00 171.51 1001 39675 06/08/22 10288 SMART & FINAL 6700 SENIOR LUNCH 0.00 201.14 TOTAL CHECK 0.00 372.65
1001 39676 06/08/22 13543 UNIFIRST CORPORATION 6700 SNR CTR JANITORIAL 0.00 48.21 1001 39680 06/08/22 11291 THE BUSINESS JOURNAL 6080 PUB HEAR-L&L 0.00 192.50 1001 39681 06/08/22 14007 TIRE HUB 6120 PATROL TIRES 0.00 312.20 1001 39681 06/08/22 14007 TIRE HUB 6120 PATROL TIRES 0.00 624.40 TOTAL CHECK 0.00 936.60
1001 39682 06/15/22 14633 4LEAF, INC. 6160 INSPCT SRVC MAY 22 0.00 2,776.20 1001 39683 06/15/22 10007 ALERT-O-LITE, INC 6020 SUPPLIES-ADMIN 0.00 1,304.93 1001 39684 06/15/22 14167 ANDERSON LANDSCAPE 6260 SERVICE-PARKS 0.00 242.50 1001 39685 06/15/22 12285 ATT 6120 CITY INTRNT 0601-0704 0.00 781.97 1001 39686 06/15/22 14330 B&P PEST PROS 6260 PEST CONTROL 5.25.22 0.00 95.00 SUPERION PAGE NUMBER: 3
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39687 06/15/22 12489 BATTERY SYSTEMS INC 5000 BATTERY-WATER 0.00 134.25 1001 39687 06/15/22 12489 BATTERY SYSTEMS INC 5000 BATTERY-WATER 0.00 134.25 1001 39687 06/15/22 12489 BATTERY SYSTEMS INC 5000 BATTERY-WATER 0.00 284.51 TOTAL CHECK 0.00 553.01
1001 39688 06/15/22 14354 BOOT BARN, INC. 6260 BOOTS-GALEN 0.00 150.00 1001 39689 06/15/22 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 182.00 1001 39690 06/15/22 11291 THE BUSINESS JOURNAL 6120 PUB HEAR-AB481 0.00 123.75 1001 39691 06/15/22 10045 CASCADE FIRE EQUIPMENT C 6130 SUPPLIES-FIRE 0.00 654.72 1001 39692 06/15/22 12654 COMCAST 6120 COUNTY INTRNT 06/1/22 0.00 692.52 1001 39693 06/15/22 14640 CONTRERAS, CARLOS JR 500 UB REFUND 0.00 120.28 1001 39694 06/15/22 14429 CORE & MAIN 5000 SUPPLIES-WATER 0.00 182.16 1001 39695 06/15/22 10124 COUNTY OF FRESNO 6120 DISPATCH-JUN22 0.00 8,663.81 1001 39695 06/15/22 10124 COUNTY OF FRESNO 6120 RMS/JMS -JUN22 0.00 77.01 TOTAL CHECK 0.00 8,740.82
1001 39696 06/15/22 14512 CSG CONSULTANTS 6160 PLANN CHECK-APR22 0.00 345.00 1001 39696 06/15/22 14512 CSG CONSULTANTS 6160 PLANN CHECK-APR22 0.00 2,328.75 TOTAL CHECK 0.00 2,673.75
1001 39697 06/15/22 14245 FOWLER ACE HARDWARE 6200 STREET SUPPLIES 0.00 77.88 1001 39698 06/15/22 14246 FOWLER ACE HARDWARE 6020 PANEL NAIL 1" 0.00 12.03 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 RTRN USB & CHRGR 0.00 -53.01 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 CLNR,TRASH BAGS 0.00 14.70 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 BALL MNT LOCK 0.00 16.22 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 BIT DRILL,MOP,HRDWR 0.00 17.73 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 KEY BLANK 0.00 18.12 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 TWSTD NYLON 0.00 20.55 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 RESPIRATOR CNST 0.00 29.21 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 SCREWDRIVER 0.00 30.29 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 RYL P&F SW FRY 1 GAL 0.00 37.87 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 CPLR CMP,PWR SCRB MP 0.00 40.31 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 STGHT JAW,PLIER PUMP 0.00 41.10 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 BIT DRILL 0.00 7.13 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 SCREW DW PH 0.00 7.56 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 5000 PIN 0.00 7.89 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 5000 WD40 0.00 6.05 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 US APL,USB WKR CHRGR 0.00 53.01 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 2 RAKES 0.00 59.50 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 5000 STR BAL KIT, LOCK 0.00 60.58 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 OIL, CAP SLIP, BLTCTR 0.00 66.01 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 BULB FL,BALLEST ELEC 0.00 77.88 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 HRDWR 0.00 2.15 SUPERION PAGE NUMBER: 4
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 5000 0.00 11.89 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 0.00 2.55 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 0.00 3.02 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 0.00 3.55 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 5000 0.00 4.86 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 5000 0.00 6.05 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 0.00 10.80 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 0.00 10.85 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 6200 0.00 8.64 1001 39700 06/15/22 14247 FOWLER ACE HARDWARE 5000 0.00 10.78 TOTAL CHECK 0.00 633.84
1001 39701 06/15/22 14249 FOWLER ACE HARDWARE 6260 0.00 9.72 1001 39701 06/15/22 14249 FOWLER ACE HARDWARE 6260 0.00 15.31 1001 39701 06/15/22 14249 FOWLER ACE HARDWARE 6260 0.00 21.63 TOTAL CHECK 0.00 46.66
1001 39702 06/15/22 10114 FOWLER BUTANE SERVICES 6200 0.00 14.87 1001 39703 06/15/22 10128 FRESNO COUNTY RECORDERS 8500 0.00 20.00 1001 39704 06/15/22 14259 IMAGESOURCE 6160 0.00 122.72
1001 39704 06/15/22 14259 IMAGESOURCE 5000 0.00 122.72
1001 39704 06/15/22 14259 IMAGESOURCE 6150 0.00 122.72
1001 39704 06/15/22 14259 IMAGESOURCE 6020 0.00 122.75
TOTAL CHECK 0.00 490.91
1001 39705 06/15/22 14238 INFOSEND, INC 5000 0.00 4,995.00 1001 39706 06/15/22 14638 JUAN M CHAVERO TREJO 500 0.00 34.31 1001 39707 06/15/22 14641 KINGS MEDICAL CENTER, IN 6120 0.00 120.00 1001 39707 06/15/22 14641 KINGS MEDICAL CENTER, IN 6120 0.00 485.74 TOTAL CHECK 0.00 605.74
1001 39708 06/15/22 14637 MARIA CARRASCO 500 0.00 42.45 1001 39709 06/15/22 14642 MAVERICK DATA SYSTEMS 6120 0.00 1,500.00 1001 39710 06/15/22 10885 NELSONS POWER CENTER 6260 0.00 153.55 1001 39710 06/15/22 10885 NELSONS POWER CENTER 6200 0.00 206.10 TOTAL CHECK 0.00 359.65
1001 39711 06/15/22 14643 OREL E MICHAN INC 500 0.00 976.76 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6130 0.00 3.03 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6200 0.00 9.56 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 5000 0.00 10.51 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 2250 0.00 14.29 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 2250 0.00 23.46 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 2250 0.00 27.66 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 2250

TRASH BAGS

CAP SLIP

GREASE FAUCET & VALV
2 PVC NIPPLE

GUMOUT START FLUID
WD40

SPRYPNT GRY & WHITE
2 KEY ID, KEY RINGS

CM SCKT,HRDWR

HOUSE KEY

TILEX,RAGS PAPER
33GAL TRASH BAGS

RAKE SPRNG BRAC
BUTANE
223 S 9TH ST RECONV
COPIER SVC 6/9/22
COPIER SVC 6/9/22
COPIER SVC 6/9/22
COPIER SVC 6/9/22

BILLPAYSETUP

UB REFUND

HIRING BLOOD DRWSALAS

HIRING EXAM-SALAS

UB REFUND

WARRANT BUILDER

SUPPLIES-PARKS

SUPPLIES-PW

HYDRANT REFUND
127 S 6TH
363 N TEMPER 5-27-22
912 PALM 5-31-22
MANN/GSB 5-25-22
700 MERCED #A 5-27-22
300 MERCED 5-27-22
MAN/GLDST 5-27-22 0.00 40.61
SUPERION PAGE NUMBER: 5
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6200 3079 E MANN 5/20/22 0.00 72.95 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 2250 NW CRNR ADAMS/GLD ST 0.00 92.52 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 2250 GLDST/MAN SIG 5-27-22 0.00 101.11 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6200 429 E MERCED 5/24/22 0.00 102.24 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 2250 MERCED/8TH 5-27-22 0.00 158.66 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 5000 325 S 5TH 5-27-22 0.00 245.29 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6150 122 S 5TH #A 5-27-22 0.00 273.07 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6200 630 W FRESNO 5/23/22 0.00 279.25 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6260 UTILITIES 0.00 505.85 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6130 220 E MAIN 5/24/22 0.00 819.15 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6700 UTILITIES 0.00 1,081.43 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6200 UTILITIES 0.00 1,087.19 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6080 UTILITIES 0.00 1,410.35 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 5000 1218 PALM 5-31-22 0.00 3,505.31 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 6200 UTILITIES 0.00 4,783.82 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 5000 UTILITIES 0.00 10,436.62 1001 39713 06/15/22 10237 P G & E - SACRAMENTO 5000 212 S MADISON AVE 0.00 15,942.75 TOTAL CHECK 0.00 41,026.68
1001 39714 06/15/22 14513 PAC-AIR INC. 6160 PLANNING AC REPAIR 0.00 475.12 1001 39714 06/15/22 14513 PAC-AIR INC. 6160 PLANNING AC REPAIR 0.00 1,314.35 TOTAL CHECK 0.00 1,789.47
1001 39715 06/15/22 13095 PBM SUPPLY & MFG 6200 SUPPLIES-STREETS 0.00 374.97 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 CUP 19-02 BAJWA HOTEL 0.00 120.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 LLA 21-01 BEE SWEET 0.00 182.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 SPR21-22 0.00 240.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 SPR22-03 ROSE SHARON 0.00 240.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 SPR21-04 MCDONALDS 0.00 240.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 CUP 18-04 JIB CONST 0.00 428.52 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 MERCED DOWNTOWN PRK 0.00 437.40 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 SPR21-03UNITEDHEALTH 0.00 720.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 2300 GOLDEN ST CORRIDOR 0.00 874.80 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 FUSD TRANSPORTATION 0.00 940.20 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 CUP 21-04 WADDA 0.00 960.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 CLEAN CAL LOCAL GRANT 0.00 1,385.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 MARSHALL II TTM 0.00 2,132.00 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 TCP COORDINATION 0.00 2,441.80 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 SPR 21-05 BEE SWEET 0.00 2,773.63 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 T6138 PLAN REVIEW 0.00 5,243.20 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 TRACT 6188 CONSTRUCT 0.00 6,155.60 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 TTM 5952 PLANKCHECK 0.00 6,272.16 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 ENCRCHMNT PERMIT 0.00 6,559.32 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 2300 TTM5952 INSPECTION 0.00 7,927.74 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 STRIPING PLAN ARMSTR 0.00 8,555.54 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 TRACT6274 CONSTRUCT 0.00 10,364.57 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 FY21-22 STREET PROJ 0.00 13,376.78 1001 39717 06/15/22 12060 PETERS ENGINEERING GROUP 6150 MISC ENG SERV 0.00 20,816.70 TOTAL CHECK 0.00 99,386.96
1001 39718 06/15/22 14433 PRICE PAIGE & COMPANY 6030 BANK RECON 6-30-21 0.00 2,965.00 SUPERION PAGE NUMBER: 6
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39719 06/15/22 10441 PROFORCE LAW ENFORCEMENT 6120 TASER CARTRIDGES 0.00 693.64 1001 39720 06/15/22 13354 QUINN CAT 5000 SERVICE-CUMMINS 0.00 750.00 1001 39720 06/15/22 13354 QUINN CAT 5000 SERVICE-CUMMINS 0.00 897.52 TOTAL CHECK 0.00 1,647.52
1001 39721 06/15/22 10251 R & R AUTO REPAIR SHOP 5000 A/C SERVICE 0.00 870.92 1001 39722 06/15/22 14479 RG POWER 6200 SUPPLIES-PUBLIC WORKS 0.00 953.46 1001 39723 06/15/22 11195 ROBERT V JENSEN INC 6260 FUEL PARKS 0.00 353.50 1001 39723 06/15/22 11195 ROBERT V JENSEN INC 6130 FUEL FIRE 0.00 678.99 TOTAL CHECK 0.00 1,032.49
1001 39724 06/15/22 14639 SANTOS, ADRIA 500 UB REFUND 0.00 227.98 1001 39725 06/15/22 12443 SIMPLOT GROWER SOLUTIONS 6200 SUPPLIES-PW 0.00 701.84 1001 39726 06/15/22 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES-PARKS 0.00 484.86 1001 39726 06/15/22 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES-PARKS 0.00 807.94 1001 39726 06/15/22 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES-PARKS 0.00 2,259.49 TOTAL CHECK 0.00 3,552.29
1001 39727 06/15/22 10289 SOUTH COUNTY VETERINARY 6270 DISPOSAL OF ANIMAL 0.00 40.00 1001 39727 06/15/22 10289 SOUTH COUNTY VETERINARY 6270 DISPOSAL OF ANIMAL 0.00 40.00 TOTAL CHECK 0.00 80.00
1001 39728 06/15/22 10085 STATE OF CA DEPARTMENT O 6120 FINGERPRINT FEES MAY2 0.00 130.00 1001 39729 06/15/22 14145 SUPERION, LLC. 5000 SVC 8/1/22-7/31/23 0.00 1,023.63 1001 39729 06/15/22 14145 SUPERION, LLC. 6030 SVC 8/1/22-7/31/23 0.00 1,023.64 TOTAL CHECK 0.00 2,047.27
1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL-SNR CTR 0.00 48.21 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL-SNR CTR 0.00 49.00 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6020 MATS-ADMIN 0.00 62.10 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6020 MATS-ADMIN 0.00 62.10 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6020 MATS-ADMIN 0.00 62.10 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6130 MATS-FD 0.00 72.09 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6130 MATS-FD 0.00 72.09 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6130 MATS-FD 0.00 72.09 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6130 MATS-FD 0.00 73.13 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 5000 UNIFORM-WATER 0.00 238.89 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6200 UNIFORM-PW 0.00 238.89 1001 39730 06/15/22 13543 UNIFIRST CORPORATION 6260 UNIFORM-PARKS 0.00 238.89 TOTAL CHECK 0.00 1,289.58
1001 39731 06/15/22 10725 VERIZON WIRELESS 5000 CELL PHONE 0520-0619 0.00 38.01 1001 39731 06/15/22 10725 VERIZON WIRELESS 6020 CELL PHONE 0520-0619 0.00 38.03 1001 39731 06/15/22 10725 VERIZON WIRELESS 6200 CELL PHONE 0520-0619 0.00 51.32 1001 39731 06/15/22 10725 VERIZON WIRELESS 5000 CELL PHONE 0520-0619 0.00 51.32 SUPERION PAGE NUMBER: 7
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39731 06/15/22 10725 VERIZON WIRELESS 5000 0.00 51.32 1001 39731 06/15/22 10725 VERIZON WIRELESS 5000 0.00 51.32 1001 39731 06/15/22 10725 VERIZON WIRELESS 6030 0.00 51.32 1001 39731 06/15/22 10725 VERIZON WIRELESS 6150 0.00 51.32 1001 39731 06/15/22 10725 VERIZON WIRELESS 6020 0.00 51.32 1001 39731 06/15/22 10725 VERIZON WIRELESS 6200 0.00 60.58 1001 39731 06/15/22 10725 VERIZON WIRELESS 6160
CELL PHONE 0520-0619
CELL PHONE 0520-0619
CELL PHONE 0520-0619
CELL PHONE 0520-0619
CELL PHONE 0520-0619
CELL PHONE 0520-0619
CELL PHONE 0520-0619 0.00 91.91
TOTAL CHECK 0.00 587.77
TOTAL CASH ACCOUNT 0.00 217,020.46
TOTAL FUND 0.00 217,020.46
SUPERION PAGE NUMBER: 8
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 201 - DISTRICT SALES TAX

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39677 06/08/22 14321 LEHR 2010 PATROL UPFITTING 0.00 16,638.47 TOTAL CASH ACCOUNT 0.00 16,638.47
TOTAL FUND 0.00 16,638.47
SUPERION PAGE NUMBER: 9
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 206 - COPS GRANT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39678 06/08/22 14321 LEHR 2060 PATROL UPFITTING 0.00 16,638.47 TOTAL CASH ACCOUNT 0.00 16,638.47
TOTAL FUND 0.00 16,638.47
SUPERION PAGE NUMBER: 10
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 212 - ARPA FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39732 06/15/22 12060 PETERS ENGINEERING GROUP 2120 CITYWIDE METER CON 0.00 1,150.00 TOTAL CASH ACCOUNT 0.00 1,150.00
TOTAL FUND 0.00 1,150.00
SUPERION PAGE NUMBER: 11
DATE: 06/16/2022 CITY OF FOWLER ACCTPA21
TIME: 17:28:58 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39653' and '39732' ACCOUNTING PERIOD: 12/22
FUND - 503 - TCP FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39679 06/08/22 13655 PROVOST & PRITCHARD 5030 TCP DESIGN 0.00 4,219.50 TOTAL CASH ACCOUNT 0.00 4,219.50
TOTAL FUND 0.00 4,219.50
TOTAL REPORT 0.00 255,666.90
1 MINUTES OF THE SPECIAL JOINT MEETING OF THE FOWLER CITY COUNCIL

AND THE FOWLER PUBLIC FINANCING AUTHORITY
Tuesday June 7, 2022
Deputy City Clerk Angela Vasquez called the meeting to order at 6:02 p.m.

Councilmembers Present: Kazarian, Mejia, Parra, Rodriquez (via teleconference at 6:17 p.m.) City Staff Present: City Manager Tucker, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Coordinator Hernandez, Fire Chief Lopez, City Planner Marple, Finance Director Moreno, City Engineer Peters, Deputy City Clerk Vasquez
City Attorney Cross informed Council and staff that in the absence of Mayor and Mayor Pro Tem, the Fowler Municipal Code governs who is to preside at the meeting and the City Clerk shall call the meeting to order and a temporary presiding officer shall be elected by the council present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment.

Councilmember Mejia made a motion for Councilmember Parra to preside over the council meeting, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Mejia, Kazarian, Parra.

5. PUBLIC COMMENT
N/A

6. CONSENT CALENDAR
Councilmember Kazarian made a motion to approve items 6A-6K of the consent calendar and pull item 6-L to be reviewed after Item 8-Bi, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Parra.

7. CONTESTED CONSENT CALENDAR
6-L. Actions pertaining to Adoption of Fiscal Year 2022/2023 (Finance) (Discussion took place after Item 8-Bi)
This item was pulled by Councilmember Kazarian.

Councilmember Kazarian inquired if adopting the Fiscal Year 2022/2023 budget could be delayed until after the Fire Station workshop. City Manager Tucker and Finance Director Moreno both stated that there could be a budget 7-B
2 amendment to amend the adopted budget to reflect any changes associated with the Fire Department.

Councilmember Kazarian made a motion to ADOPT Fiscal Year 2022/2023 Budget with the understanding a budget amendment could amend the adopted budget to reflect any changes necessary to fund the Fire Department decision before Council, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Parra, Rodriquez.

8. GENERAL ADMINISTRATION
8-A. Public Works
i. APPROVE a contract with Pacific Solar Inc., in the amount of $155,020.52 for the Fire Station Solar Project and authorize the City Manager or her designee to execute the agreement (Item to be continued to June 21, 2022 City Council meeting)
City Manager Tucker requested this item to be continued to the June 21, 2022 City Council meeting.

Councilmember Kazarian made a motion to continue APPROVE a contract with Pacific Solar Inc. to the June 21, 2022 City Council meeting, seconded by Councilmember Mejia. The motion carried by a roll call vote:

Ayes: Kazarian, Mejia Parra.
ii. APPROVE a contract with Advanced Lighting Services Inc., in the amount of $101,527.23 for Lighting (LED) Project Phase 1 and authorize the City Manager or her designee to execute the agreement (Due to On Bill Financing there is no cost to the City)
Public Works Director Dominguez reported the city received a proposal from Advanced Lighting Services Inc. to provide lighting upgrades to various City buildings as part of Phase I of the project. He provided an overview on funding, contract terms, energy savings, and project timeline.

Councilmember Kazarian made a motion to APPROVE a contract with Advanced Lighting Services Inc., in the amount of $101,527.23 for Lighting (LED) Project Phase 1 and authorize the City Manager or her designee to execute the agreement, seconded by Councilmember Mejia.

The motion carried by a roll call vote: Ayes: Kazarian, Mejia, Parra. 3 iii. Public Hearing to APPROVE Resolution No. 2566, a Resolution Confirming Diagram and Assessment of Annual Levy – 2022/23 for Landscaping and Storm Drainage Facilities Management District No. 1 (Item to be continued to July 19, 2022 City Council Meeting) Councilmember Kazarian made a motion to continue APPROVE Resolution No. 2566 to the June 21, 2022 City Council meeting, seconded by Councilmember Mejia. The motion carried by a roll call vote: Ayes:

Kazarian, Mejia, Parra.
8-B. CITY MANAGER’S OFFICE
i. APPROVE an Agreement for Fire Protection Services with Fresno County Fire Protection District
City Manager Tucker provided an overview of the proposed agreement with Fresno County Fire Protection District. She introduced Chief Michael Despain of M.E.D. Enterprises, Inc. Chief Despain provided an overview of the Fowler Fire Department’s exposure to risk and potential liability due to the Department’s inability to meet state regulations, minimum standards for safety, or in some cases, the provision of basic services. He provided data of failed responses from January 2015 through October 2021 and indicated so far in 2022 there are 18 failed responses. Chief Despain explained that a failed response is when Fowler firefighters were unable to respond to a 9-1-1 call.

Chief Despain introduced Chief Dustin Hale. Chief Hale provided an overview of Cal Fire and Fresno County Fire. He stated that Fresno County Fire and the Fowler Fire Department have had a longstanding relationship. Chief Hale also shared how Fresno County Fire is involved with the communities they serve.

Councilmember Kazarian expressed his opposition to a contract with Fresno County Fire prior to the item becoming public. He also introduced a 3-year budget which he developed outlining his estimated costs to transition to a fulltime fire department.

Mayor Pro Tem Rodriquez expressed his concerns on the liability, cost of the fire station building, and missed calls.

Councilmember Mejia thanked staff for examining the data. He stated his viewpoint has always been to have a full-time Fowler Fire Department in the future after making the necessary changes to the fire station building.

Councilmember Mejia also stated he would need more time to review Councilmember Kazarian’s proposal.
4 Councilmember Parra proposed a half-cent sales tax initiative be brought before the Council at the next meeting and for staff to review Councilmember Kazarian’s proposal to validate the numbers in comparison with the city’s.

City Manager Tucker asked Chief Despain to address Councilmember Kazarian’s year-one numbers associated with his proposal and the need to further address the risk, liability, and missed calls. Chief Despain stated that if the city retains volunteer staff, the volunteer staff will need be doubled and those volunteers will need to make a commitment to obtain 240 hours of training per year and any solution moving forward, the volunteer liability will need to be addressed.

Fire Chief Lopez addressed the Council.

Eighteen members of the public addressed the Council.

Mayor Pro Tem Rodriquez made a motion to APPROVE an Agreement for Fire Protection Services with Fresno County Fire Protection District and provide staff direction to develop a training program for the current volunteer firefighters. Motion not seconded; motion failed.

After discussion, staff was given direction to explore different options of a multi-year plan to convert the volunteer fire department to a full-time fire department and to add the proposed half-cent sales tax initiative for discussion at the next Council meeting.

City Manager Tucker requested clarification whether Council’s direction included staff addressing the City’s risk and liability. Councilmember Kazarian stated his proposal addressed the risk and liability. Council’s consensus was to hold a workshop at an upcoming Council meeting.

9. STAFF COMMUNICATIONS – (CITY MANAGER)
Community Development Director Gaffery provided an update on the Code Enforcement Officer recruitment.

Public Works Director Dominguez provided an update on the State Route 99 project and the recent insect infestation in the Kensington Estates area.

Police Chief Alcaraz provided personnel updates.
5 10. COUNCILMEMBER REPORTS AND COMMENTS
No reports or comments.

11. CLOSED SESSION
No reportable action was taken on the two items.

12. ADJOURNMENT
Having no further business, the meeting adjourned at 9:53 p.m.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-C

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM SCOTT CROSS, City Attorney

SUBJECT
APPROVE Resolution No. 2567, 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. 2559 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.

APPROVE Resolution No. 2567
June 21, 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. 2567
RESOLUTION NO. 2567

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:

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 21st day of June 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

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-D

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM YVONNE HERNANDEZ, Recreation Coordinator

SUBJECT
ACCEPT a donation to the City in the amount of $1,500 from Waste Management for Farmers Market.

RECOMMENDATION
Staff recommend the City Council accept a donation to the City in the amount of $1,500 from Waste Management for a Farmers Market.

BACKGROUND
Per Resolution 1881, donations to the City of $500 or more shall be approved by the City Manager, and then presented to the City Council for acceptance.

These donated funds will be used for charter experiences and live music for family friendly entertainment.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

ACCEPT a donation to the City in the amount of $1,500 from Waste Management June 21, 2022

FISCAL IMPACT
Donation revenue enhances the City’s ability to provide programs and services to residents.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- None

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-E

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM THOMAS W. GAFFERY IV, Community Development Director

SUBJECT
ACCEPT various donations for Shirakawa Park interpretive signage

RECOMMENDATION
Staff recommend the City Council accept various donations for Shirakawa Park interpretive signage

BACKGROUND
Per Resolution 1881, donations to the City of $500 or more shall be approved by the City Manager, and then presented to the City Council for acceptance.

These donated funds will be used to offset the purchase and installation costs for interpretive signage at Shirakawa Park. The signage will depict a photo of Tokio & Kikue Shirakawa and describe the history of the land where the park now sits. A future budget resolution will be brought forward for City Council consideration to allocate these funds.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

Accept various donations for Shirakawa Park interpretive signage June 21, 2022

FISCAL IMPACT
Donation revenue enhances the City’s ability to provide programs and services to residents.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Exhibit A: Summary of Donations
Accept various donations for Shirakawa Park interpretive signage June 21, 2022

Exhibit A: Summary of Donations
Subject to City Council Acceptance
Donor Amount
Pam & Bob Handley $750
Fumiye Shirakawa $1,000
Hiroko Tanaka, Julie Maldonado & Ann Hiyama $1,000
Western Pioneer Financial & Properties $1,000
Informational
Donor Amount
Nickolas Dounias & Leslie Shirakawa $300
Jordan Fernandez $100
Keith Inouye $100
Mark Ishibashi $500
Audrey & Derek Kamemoto $200
Brad Shirakawa $200
Roger Shirakawa $100
Candice Toyoda & Jerry Marks $50

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-F

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM ANGELA VASQUEZ, Deputy City Clerk

SUBJECT
APPROVE Resolution No. 2568, Calling and Giving Notice of a General Municipal Election to be Held in the City of Fowler on Tuesday, November 8, 2022 for the Election of Certain Officers; Requesting the Board of Supervisors of the County of Fresno to Consolidate and Canvass the Election; Authorizing the County Clerk/Registrar of Voters of Fresno County to Render Specific Services to the City of Fowler Relating to the Conduct of the General Municipal Election and Appropriating Funds to Pay for Said Services; and Establishing Regulations for Candidates Pertaining to Candidate Statements.

RECOMMENDATION
Staff recommends City Council approve a resolution to conduct the November 8, 2022 General Municipal Election for the purpose of electing two (2) members of the City Council, each for a four (4) year term until November 2026. The resolution provides a notice and call for a General Municipal Election, authorizes a consolidation of the General Municipal Election with the Statewide General Election, requests Fresno County Board of Supervisors to authorize the Fresno County Registrar of Voters to render specific election services to the City of Fowler, authorizes the City of Fowler to reimburse the County of Fresno for elections services performed, and establishes conditions of filing candidate statements.

BACKGROUND
On November 8, 2022, an election will be held in the City of Fowler (“City”) to fill two (2) City Council seats.

1. Calling and Giving Notice of the November 8, 2022 General Municipal Election; and Nomination Period
Pursuant to Elections Code section 12101, the 2022 General Municipal Election must be called prior to the opening of the nomination period. The Notice of Election that lists the time and date of the election and the offices to be filled must be published no sooner than July 4, 2022, and no later than July 18, 2022.

The nomination period for the election on November 8, 2022 opens on July 18, 2022 and closes on August 12, 2022. However, if an incumbent does not seek re-election, the nomination period is extended five (5) days to August 17, 2022. The five (5) day extension does not apply to vacant seats.

2. Requesting Consolidation of the Fowler Municipal Election with the Statewide General Election to be Held on the Same Date
Effective January 1, 2016, Senate Bill (SB) 415 prohibits a city from holding an election on any date other than a statewide election date to prevent a voter turnout of below average. City will be SB 415 compliant by holding its election on November 8, 2022 in consolidation with the Statewide General Election, as permitted by Elections Code section 10403, subdivision (a).

3. Requesting that Fresno County Board of Supervisors Authorize the Fresno County Registrar of Voter to Render Specific Services to the City Relating to the Conduct of the General Municipal Election, and Permitting County Reimbursements for Rendered Specific Services
Fresno County Elections Division operates under the supervision of the Fresno County Registrar of Voters. Fresno County Elections Division is responsible for conducting Statewide General Elections, making it well-versed and capable of conducting the City’s General Municipal Election in accordance with election process requirements pursuant to Elections Code section 10418. For the County’s Elections Division’s services on November 8, 2022, Elections Code section 10002 requires the City to reimburse the County of Fresno in full upon the County’s presentation of a bill to City.

4. Establishing Conditions for Filing of Candidate Statements Elections Code section 13307 provides that City Council must establish the conditions for filing of candidate statements prior to the filing for the November 2022 Election. These conditions include setting a word-limit of two hundred (200) words per statement and requiring candidates to make a prepayment to the County at the time the candidate files the nomination papers, which includes the cost of printing, handling, and translating the candidate’s statement to required foreign languages. These conditions will help limit the size of the sample ballot pamphlet and reduce the cost that the City will have to repay the County for.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The estimated cost to conduct the regularly scheduled election will be budgeted and accounted for in the 2022-23 budget. Staff is estimating the total cost for the November Election to be no more than 6,000 thousand dollars ($6,000.00). If additional costs are incurred, staff will return to City Council with a budget amendment request.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachment
- Resolution No. 2568

RESOLUTION NO. 2568

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF FOWLER ON TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION OF CERTAIN OFFICERS; REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF FRESNO TO CONSOLIDATE ANDCANVASS THE ELECTION; AUTHORIZING THE COUNTY CLERK/REGISTRAR OF

VOTERS OF FRESNO COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY

OF FOWLER RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION AND APPROPRIATING FUNDS TO PAY FOR SAID SERVICES; AND

ESTABLISHING REGULATIONS FOR CANDIDATES PERTAINING TO

CANDIDATE STATEMENTS
WHEREAS, the next Statewide General Election will take place on Tuesday, November 8, 2022; and
WHEREAS, the City of Fowler will hold a General Municipal Election on Tuesday, November 8, 2022, for the election of two (2) City Council Members, each for a full four (4) year term; and
WHEREAS, the City of Fowler desires the Board of Supervisors of the County of Fresno to consolidate the City’s General Municipal Election with the Statewide General Election, pursuant to Part 3, Division 10 of the Elections Code (commencing with Section 10400) to be held on the same date and that, within the City of Fowler, the precincts, vote center locations, ballot drop box locations, and election officersof the two (2) elections be the same; the County Clerk/Registrar of Voters canvass the returns of the General Municipal Election; and the election be held in all respects as if there were only one (1) election; and
WHEREAS, it is the desire of the Fowler City Council to adopt a Resolution requesting the Board of Supervisors of the County of Fresno to render specified services to the Cityof Fowler relating to the conduct of a General Municipal Election pursuant to California Elections Code section 10002; and
WHEREAS, Elections Code section 10002 requires the City of Fowler to reimburse the County of Fresno in full for the services performed upon presentationof a bill to the City of Fowler; and
WHEREAS, the Fowler City Council has determined that each candidate for elective office who submits a statement to be sent to the voters with the sample ballot shall be charged a sum not greater than the actual prorated cost of printing, handling, and translating the candidate’s statement as a result of providing this service.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler as follows:

1. A General Municipal Election is called and ordered for the City of Fowler to be held on Tuesday, November 8, 2022, for the purpose of the election of two (2) members of the City Council to be elected at-large, each for a full four (4) year term.

2. Pursuant to the requirements of Elections Code section 10403, the Board of Supervisors of the County of Fresno is hereby requested to consent and agree to the consolidation of the General Municipal Election and the Statewide General Election on Tuesday, November 8, 2022.

3. In accordance with Elections Code section 10403, Fowler City Council acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election pursuant to Elections Code section 10418.

4. The Board of Supervisors of the County of Fresno is requested to direct the County Clerk/Registrar of Voters to take any and all steps necessary for and related to the holding of the consolidated election in a manner consistent with law, including, without limitation: the provision of all election materials and equipment; publication of notices; the hiring, training and supervision of election officers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; the tallying and canvassing of votes; and the certification of election results.

5. A sum be appropriated and set aside from the appropriate funds of the City of Fowler to reimburse the County of Fresno in full for the services to be performed as herein requested and that said sum be paid to the County of Fresno upon demand and presentation of a bill to theCity of Fowler.

6. The candidate shall, if he or she elects to submit an election statement of no more than two hundred (200) words to be included with the sample ballot and sent to the registered voters, pay all costs associated with said election statement; Pursuant to Elections Code section 13307, the candidate is required to make an estimated pre-payment to the County at the time the candidate files the nomination papers.
******************************************************************

The foregoing Resolution was duly passed, approved, and adopted on the 21st of June 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

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-G

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM ANGELA VASQUEZ, Deputy City Clerk

SUBJECT
APPROVE Resolution No. 2569 approving amendments to and adoption of the City’s Conflict of Interest Code.

RECOMMENDATION
Staff recommend the City Council approve Resolution No. 2569 approving amendments to and adoption of the City’s Conflict of Interest Code.

BACKGROUND
The Political Reform Act (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The City maintains a conflict of interest code as necessary to comply with applicable law. The required disclosure categories have been updated to provide clarity and the list of designated official and employees who must file statements of economic interest have been updated to account for the changes made to the City’s various position titles.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

APPROVE Resolution No. 2569
June 21, 2022

FISCAL IMPACT
None.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2569
RESOLUTION NO. 2569

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER ADOPTING

A CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES OF THE CITY

OF FOWLER
WHEREAS, the Political Reform Act (Gov. Code, § 81000, et seq.) requires state and local governmental agencies to adopt and promulgate conflict of interest codes; WHEREAS, the Fair Political Practices Commission has adopted a regulation (2 Cal.

Code of Regulations, § 18730) which contains the terms of the standard conflict of interest code; and
WHEREAS, the Fair Political Practices Commission amends the standard conflict of interest code terms on a regular basis to conform to amendments made to the Political Reform Act; and
WHEREAS, the City of Fowler maintains a conflict of interest code and routinely reviews and updates the code as necessary to comply with applicable law; and WHEREAS, the required disclosure categories need to be updated to provide clarity, and the listed designated officials and employees who must file statements of economic interests needs to be updated to account for the addition and elimination of various positions as a result of changes to the City of Fowler’s organizational structure.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that:

1. The Conflict of Interest Code for the City of Fowler is hereby amended and adopted as set forth in Exhibit “A” attached to this Resolution.

2. Officials and designated employees shall file statements of economic interest as required by Government Code section 18730, upon assuming office and leaving office, and during each year in office, in accordance with the Conflict of Interest Code and Appendices “A” and “B.”

3. Designated employees shall file the statements of economic interest with the Fowler City Clerk, who shall make the statements available for public inspection and reproduction in accordance with Government Code section 81008. Statements for all designated employees shall be retained by the City Clerk.

4. Resolution No. 2262 and previous resolutions regarding the adoption of the Conflict of Interest Code shall be superseded and replaced by this Resolution. //
//
//
The foregoing resolution was adopted at a meeting of the City Council of the City of Fowler on the 21st day of June, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The Foregoing resolution is hereby approved this 21st day of June, 2022.

APPROVED:
______________________________
Mark Rodriquez, Mayor Pro-Tem
ATTEST:
______________________________
Angela Vasquez, Deputy City Clerk

EXHIBIT A

CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Fowler.

Individuals holding designated positions shall file their statements of economic interests with the City Clerk, who will make the statements available for public inspection and reproduction. (Gov. Code, § 81008.) All statements will be retained by the City, and the original may be forwarded to the Fresno County Clerk of the Board if required.

APPENDIX A

CITY OF FOWLER/CITY OF FOWLER AS SUCCESSOR AGENCY TO THE FOWLER

REDEVELOPMENT AGENCY

DESIGNATED EMPLOYEES
The following employees are responsible for filing in the categories assigned below:

ADMINISTRATION DISCLOSURE CATEGORY ASSSIGNED
City Clerk/Secretary of Successor Agency 1 & 2
Deputy City Clerk/Human Resource Officer 1 & 2
Finance Director 1 & 2
Community and Economic Development Director 1 & 2
Building Official 2
Code Enforcement Officer 2
Permit Technician 2
City Engineer 1 & 2
City Planner 1 & 2
Public Works Director 1 & 2
Recreation and Senior Center Supervisor 1 & 2
Assistant/Deputy City Attorney 1 & 2
*Consultant 1 & 2

POLICE & FIRE
Police Chief 1 & 2
Police Lieutenant 2
Fire Chief 1 & 2
*The City Manager may determine whether a consultant is acting in a capacity that will allow the individual to make or participate in the making of governmental decisions. In this case, the individual will be required to file a statement of economic interests.

APPENDIX B

DISCLOSURE CATEGORIES
General Provisions:

When a designated employee is required to disclose investments and sources of personal information, he/she need only disclose investments in business entities and sources of income which do business in the City, plan to do business in the City, or have done business in the City within the past two years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City. When a designated employee is required to disclose interests in real property, he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure categories as indicated in Appendix A.

Disclosure Category No. 1 (Broad Responsibilities)
Designated officials and employees in this category must disclose all reportable investments and business positions in business entities, and reportable sources of income (including loans, gift, and travel payments) from any source, that is either (a) located in the City of Fowler, (b) planning to do business in the City of Fowler, or (c) have done business in the City of Fowler during the two previous calendar years, and reportable interests in real property located in the jurisdiction of the City of Fowler. Notwithstanding the foregoing, gifts are reportable regardless of the location of the donor.

Disclosure Category No. 2 (Decision-Making Responsibilities) Designated officials and employees in this category must disclose all reportable investments and business positions in business entities, and reportable sources of income (including loans, gifts, and travel payments) from any source, that is located in, doing business in, or planning to do business in the City of Fowler, and is either (a) subject to the regulatory, permitting, or licensing authority of the official’s or employee’s department or division, or (b) provides services, supplies, materials, machinery, or equipment of the type utilized by the official’s or employee’s department or division. Notwithstanding the foregoing, gifts are reportable regardless of the location of the donor.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-H

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM RUDY ALCARAZ, Police Chief

SUBJECT
Adoption 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 recommends that City Council adopt 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. In the May 3, 2022 Fowler City Council Meeting the Council unanimously approved the introduction of this ordinance.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

Ordinance Adopting Military Equipment Use Policy
June 21, 2022

FISCAL IMPACT
None.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Ordinance No. 2022-03
- Policy 705
1 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.
2 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.
* * * * * * * * * *
3 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 21, 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
1 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.
2 • 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).
3 (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.
4 (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 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

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-I

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM WILMA TUCKER, City Manager

SUBJECT
APPROVE an agreement with Fresno Humane Animal Services for animal control and shelter services for the period beginning June 1, 2022 through June 30, 2025, on a time and materials basis, in an amount not to exceed $30,000.

RECOMMENDATION
Staff recommend the City Council approve an agreement with Fresno Humane Animal Services (FHAS) for animal control and shelter services for the period beginning June 1, 2022 through June 30, 2025, on a time and materials basis, in an amount not to exceed $30,000.

BACKGROUND
Staff determined improvements were necessary in the quality of services, cost of services, and responsiveness of the City’s animal control and shelter services provider. The City’s previous provider charged a flat rate of $1,000 per month for animal control and shelter services, regardless of the number of animal intakes. FHAS will charge the City $300 per animal intake during the first year of the agreement. From March 2021 to March 2022, 19 dogs were taken in by the City of Fowler.

FHAS’ 2021 “save rate” in 2021 was 92%. Not only will FHAS provide improved services, they will also provide the City with new and expanded services to benefit residents and their pets. These expanded services include microchipping clinics, vaccination clinics, services for cats, and improved outreach and support. FHAS will also assist the City in launching programs to update the Fowler Municipal Code, provide service for managing cat overpopulation, the enforcement of rabies vaccination, and spay/neuter education and enforcement.

Approve an agreement with Fresno Human Animal Services
June 21, 2022

ENVIRONMENTAL REVIEW
This does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The costs for animal control and shelter expenses are a component of the Public Works General Fund budget. Staff determined contracting with FHAS to be less expensive than the City’s previous animal services provider.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Agreement

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-J

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM SCOTT CROSS, City Attorney

SUBJECT
APPROVE Agreement for professional Legal Services as City Attorney with Lozano Smith.

RECOMMENDATION
Staff recommend the City Council approve the agreement for professional legal services as City Attorney with Lozano Smith.

BACKGROUND
The law firm of Lozano Smith has provided legal services as City Attorney under contract with the City of Fowler for approximately 30 years. The current three-year legal services agreement expires on June 30, 2022. Scott Cross was appointed as City Attorney in June 2019. The firm is requesting a new threeyear legal service agreement beginning July 1, 2022, increasing the attorney hourly rate from current $210/ hour to $220/hour in year one (7/1/22 – 6/30/23), $225/hour in year two, and $235/hour in year three. The firm is also requesting an increase to the current council and Planning Commission meeting from flat rate from $650 to $675 in year one, and then charging the hourly rate for meeting attendance beginning in year two. The paralegal and law clerk rate will increase from the current $100/hour to $110/hour in years one and two, an increase to $115/hour in year three.

Saff is recommending approval for a variety of reasons including the following:
1) The institutional knowledge of City operations and history Lozano Smith brings to the table. 2) Recurring training the firm provides including ethics training, and training on new laws as they become effective, etc.

APPROVE Agreement Lozano Smith
June 21, 2022

3) Proposed hourly rates are substantially below what other law firms are charging municipal clients as well as other non-municipal public agency clients.
4) Lozano Smith is a full-service firm able to handle most of the City’s legal service needs, including litigation, as a result, the City rarely needs to contract out for specialized legal services where the rates can be significantly higher.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The new agreement will result in less than a 4.0% annual increase over the three-year period which equates to approximately $7,500 annual increases using the prior two-year actual data as a comparative.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Agreement for Professional Legal Services as City Attorney 1 CITY OF FOWLER

AGREEMENT FOR

PROFESSIONAL LEGAL SERVICES AS

CITY ATTORNEY
THIS AGREEMENT is entered into effective July 1, 2022, between the CITY OF FOWLER, a municipal corporation (“City”) and LOZANO SMITH, a professional corporation (“Attorney”). The term City shall also include all boards, commissions, and other bodies of the City.

1. SCOPE OF WORK AND DUTIES
City hires Lozano Smith, and appoints Scott G. Cross as principal attorneys acting as City Attorney and Assistant City Attorney, to render such legal services as are customarily rendered by a City Attorney, including attending meetings of the City Council, Planning Commission, Redevelopment Successor Agency, and other boards and bodies of the City, and its affiliated agencies, as directed by City. Representation shall include, but not necessarily be limited to, drafting and reviewing ordinances, resolutions and City agreements, and consulting with or advising City staff on legal issues that arise within their areas of operation, and generally advising the City Council and City staff concerning the legal affairs of City.

Attorney, as a full-service law firm, is prepared to, and will, provide representation to City in all of its legal affairs, including, but not limited to, municipal law, tort defense, labor representation, criminal prosecution, redevelopment, finance, franchising, contract representation and other matters, except where conflicts exist or where the City Council may otherwise direct. Attorney shall represent City in initiating and defending all litigation unless otherwise directed by the City Council.

All of these duties shall be performed, as directed by the City Council, and Attorney will keep the City Council and the City Manager informed as to the progress and status of all pending matters. All legal services can be authorized only by the City Council or the City Manager. Attorney will manage and control the delivery of legal services in a competent, professional, and cost-effective manner. Where appropriate, Attorney may from time to time recommend the use of special counsel. In that event, Attorney shall coordinate the work of special counsel. Notwithstanding the foregoing, it is expressly understood that Attorney shall not be responsible for any pending litigation matter(s) until Attorney has specifically appeared in the matter as attorneys of record on behalf of City.

2. CITY DUTIES
City agrees to provide such information, assistance, cooperation, and access to books, records, and other information, as is necessary for Attorney to effectively render its professional services under this Agreement. City further agrees to abide by this Agreement, and to pay in a timely manner for Attorney’s bills for fees, costs, and expenses. 2 3. LEGAL FEES, BILLING PRACTICES, AND PERSONNEL
City shall compensate Attorney for legal services provided within the scope of work and duties as follows:
• From July 1, 2022 through June 30, 2023, City shall pay to Attorney: $220.00 per hour for attorney services, $110.00 per hour for paralegal and law clerk services, and a flat rate of $675.00 per meeting for attendance at regularly scheduled City Council and Planning Commission meetings. • From July 1, 2023 through June 30, 2024, City shall pay to Attorney: $225.00 per hour for attorney services, and $110.00 per hour for paralegal and law clerk services, inclusive of attendance at City Council and Planning Commission meetings.
• From July 1, 2024 through June 30, 2025, City shall pay to Attorney: $235.00 per hour for attorney services, and $115.00 per hour for paralegal and law clerk services, inclusive of attendance at City Council and Planning Commission meetings.

In addition to paying legal fees, City shall reimburse Attorney for customary and reasonable costs and expenses incurred by Attorney in the course of providing legal services to City. Costs will include, but are not limited to, all third party expenses, duplicating, long distance telephone, postage charges, delivery charges, computerized legal research, facsimile charges, and filing fees.

Attorney shall render to City a statement for fees for services and costs incurred every calendar month. City shall pay Attorney’s statement within thirty (30) days after issuance of each statement. Each statement shall clearly indicate the basis of the fees, including the working attorney, hours worked, hourly rate (or flat meeting rate) and a brief description of the work performed, and a description of costs charged.

The City Attorney will exercise discretion to use whichever attorneys, paralegals and staff that he/she determines best suited to the rendering of legal services in a competent and economically efficient manner.

4. THIRD PARTY COSTS AND EXPENSES
Attorney may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). Upon advance City Manager approval and proper documentation, City shall pay directly or reimburse Attorney for directly incurred out-of-pocket disbursements, costs, and expenses of providing said services.

5. INDEPENDENT CONTRACTOR/LAWFUL PERFORMANCE
Attorney shall perform all legal services required under this Agreement as an independent contractor. Attorney shall fully comply with the provisions of law regarding performance of this Agreement, including but not limited to, laws regarding licensure, professional canons of ethics and conflict of interest statutes, rules and regulations. Attorney must certify and comply with the following: (a) that Attorney has no ethical or legal conflicts which would in general disqualify Attorney from representing City; (b) that Attorney will refrain from initiating any legal action against City (or their respective officers, agents and employees 3 in their official capacity as such) by way of complaint or cross-complaint during the term of this Agreement or any services rendered pursuant thereto, whichever later occurs; and (c) that Attorney will promptly disclose upon knowledge or discovery of any specific facts which would or could potentially disqualify Attorney from representing City pursuant to this Agreement.

6. HOLD HARMLESS
Attorney agrees to protect indemnify and save harmless City against all claims, demands and causes of action by Attorney’s employees or third parties on account of personal injuries or death or on account of property damages arising out of the work to be performed by Attorney hereunder and resulting from the negligent acts or omissions of Attorney, Attorney’s agents, employees or subcontractors.

7. INSURANCE
Attorney shall procure and maintain, at its sole cost and expense, comprehensive general liability and property damage insurance, including automobile and excess liability insurance and professional liability insurance against all claims for injuries against persons or damages to property resulting from Attorney’s negligent acts or omissions rising out of or related to Attorney’s performance under this Agreement. The minimum amount of such insurance shall be $1,000,000. Attorney shall also carry Workers’ Compensation Insurance in accordance with applicable laws of the State of California. Such coverage shall be maintained in effect during the term of this Agreement and shall not be subject to reduction in coverage below the limits established, nor shall the insurance be canceled or terminated without thirty (30) days prior written notice to City.

8. TERM, DISCHARGE AND WITHDRAWAL
This Agreement shall continue in effect until June 30, 2025. City may discharge Attorney at any time. Attorney may withdraw from City’s representation at any time, to the extent permitted by law and the rules of Professional Conduct, upon at least thirty (30) days written notice. Upon notice of discharge or withdrawal, Attorney shall deliver all documents and records of City to City and assist to the fullest extent possible in the orderly transition of all pending matters to City’s new counsel.

9. NOTICE
Any notice required by law or by this Agreement shall be deemed delivered upon personal delivery or when deposited in the United States Mail, postage prepaid, and addressed as described below or to any subsequently noticed change or address, whichever applies:

City Council

CITY OF FOWLER
128 South 5th Street
Fowler, CA 93625
Scott G. Cross

LOZANO SMITH
7404 North Spalding Avenue
Fresno, CA 93720

10. EFFECTIVE DATE
This Agreement shall be effective July 1, 2022.
4 11. ASSIGNMENT
This Agreement shall not be assigned by Attorney without prior written consent of City.

12. MAKING OF AGREEMENT
No member of Attorney who is a public official has participated in his/her official capacity with City in the discussion, negotiation, or making of this Agreement, nor has any member of Attorney advised the City Council, any member thereof, or any member of City’s staff with regard to this Agreement. City has not sought advice from any member of the Attorney firm with regard to this Agreement and understands that such advice cannot and will not be provided to City by any member of the Attorney firm.

13. SUPERSESSION

This Agreement supersedes any and all prior agreements or amendments thereto entered into for City Attorney services between City and Attorney.

CITY

CITY OF FOWLER
By: ________________________________
Mark Rodriguez, Mayor Pro Tem
Date: June ____, 2022
ATTEST:

By: __________________________________
Angela Vasquez, Deputy City Clerk
Date: June ____, 2022

ATTORNEY

LOZANO SMITH
By: _____________________________
Karen M. Rezendes, Managing Partner

Date: June ____ 13 , 2022

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-K

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM DAVID PETERS, City Engineer

SUBJECT
AWARD the Golden State Blvd Bike / Pedestrian Path (Adams to Clayton) Project ATPL 5173 (037)

RECOMMENDATION
Staff recommends the City Council award the Golden State Blvd Bike / Pedestrian Path (Adams to Clayton) Project and authorize staff to enter into an agreement with RJ Berry Jr, Inc. to construct the project in the amount of $232,500.00. The project includes the construction of a Class I asphalt concrete bicycle and pedestrian path from Adams Ave to Clayton Ave, concrete and asphalt ADA curb ramps, and striping and signage.

BACKGROUND
On June 15, 2022, the City received three responsive bids for the Golden State Blvd Bike / Pedestrian Path (Adams to Clayton) Project. The project proposes the construction of a Class I asphalt concrete bicycle and pedestrian path from Adams Ave to Clayton Ave, concrete and asphalt ADA curb ramps, and striping and signage. The bids received ranged from $232,500.00 to $349,028.00. The Engineer’s Estimate for the project was $205,000.

A portion of the project is located within Fresno County and will require an encroachment permit and maintenance agreement prior to completion of the project. The maintenance agreement will be presented to City Council for consideration at a near-term upcoming meeting.

RJ Berry Jr, Inc. is based in Selma, California and has a current and active Class A, General Engineering license in the State of California.

Attached is the summary of the three responsive bids received.

AWARD the Golden State Bike/Pedestrian Path Project
June 21, 2022

ENVIRONMENTAL REVIEW
The Notice of Exemption document has been posted to the State Clearinghouse. Under CEQA, this project is exempt under Categorical Exemption Class: 1; 14 CCR 15301(c) - Minor alterations to existing highways such as the addition of bicycle facilities. Under NEPA, Caltrans has determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3) - Construction of bicycle and pedestrian lanes, paths, and facilities.

FISCAL IMPACT
The project is financed with a combination of federal funds obtained through the Active Transportation Program and local funds.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Bid Summary
- Agreement

BASE BID SCHEDULE
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization, Demobilization, Bonds and Insurance $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 2 1 LS Traffic Control System $5,000.00 $5,000.00 $3,000.00 $3,000.00 $19,000.00 $19,000.00 $23,000.00 $23,000.00 3 1 LS Dust Control $5,000.00 $5,000.00 $2,000.00 $2,000.00 $100.00 $100.00 $2,000.00 $2,000.00 4 1 LS Clearing and Grubbing $15,000.00 $15,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $43,000.00 $43,000.00 5 719 TN HMA Path (F) $150.00 $107,850.00 $110.00 $79,090.00 $116.00 $83,404.00 $162.00 $116,478.00 6 1 EA ADA Concrete Curb Ramp $5,500.00 $5,500.00 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $6,100.00 $6,100.00 7 5 EA ADA HMA Curb Ramp $2,500.00 $12,500.00 $2,200.00 $11,000.00 $2,500.00 $12,500.00 $3,700.00 $18,500.00 8 1 EA Add Truncated Domes to Existing Ramp $500.00 $500.00 $2,000.00 $2,000.00 $500.00 $500.00 $2,500.00 $2,500.00 9 3 EA Adjust Sewer Manhole Frame and Cover to Grade $750.00 $2,250.00 $1,500.00 $4,500.00 $1,000.00 $3,000.00 $1,800.00 $5,400.00 10 46 LF HMA Type 'E' Dike $10.00 $460.00 $100.00 $4,600.00 $90.00 $4,140.00 $150.00 $6,900.00 11 1 LS Traffic Signal Modification $20,000.00 $20,000.00 $28,500.00 $28,500.00 $33,000.00 $33,000.00 $27,500.00 $27,500.00 12 1 LS Traffic Striping, Pavement Markings & Pavement Markers $5,000.00 $5,000.00 $4,000.00 $4,000.00 $13,000.00 $13,000.00 $1,100.00 $1,100.00 13 1 LS Miscellaneous Facilities $5,000.00 $5,000.00 $5,000.00 $5,000.00 $37,000.00 $37,000.00 $23,000.00 $23,000.00 14 87 CY Roadway Excavation (F) $100.00 $8,700.00 $630.00 $54,810.00 $300.00 $26,100.00 $650.00 $56,550.00 15 175 LF Concrete Curb Removal $15.00 $2,625.00 $20.00 $3,500.00 $6.00 $1,050.00 $40.00 $7,000.00 TOTAL BASE BID $205,385.00 $232,500.00 $257,794.00 $349,028.00 Engineer's Estimate RJ Berry Jr. Inc. American Paving Co Terra West Construction BID SUMMARY 06/15/2022
CITY OF FOWLER - Golden State Blvd Bike / Ped Trail
#1 #2 #3

AGREEMENT
THIS AGREEMENT made at Fowler, in Fresno County, California, by and between RJ Berry Jr., Inc. hereinafter called the Contractor, and the City of Fowler hereinafter called the Owner.

WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows:

ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers required for:

Golden State Bicycle & Pedestrian Trail
all in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, and other contract documents relating thereto.

ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to Contractors), the Wage Scale (Prevailing Wages), the Specifications, the Special Provisions, the Plans and Drawings, the Addenda and Bulletins thereto, and the Proposal hereto attached, together with this Agreement, form the contract, and they are as fully a part of the contract a if hereto attached or herein repeated.

All portions of the 2010 Standard Specifications of the State of California, Department of Transportation, which are not in conflict with this contract shall be deemed a part of the specifications as though fully therein set forth. No part of said Special Provisions which is in conflict with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or the manner in which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void.

ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract sum of Two Hundred Thirty Two Thousand Five Hundred Dollars ($232,500.00) it being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached.

Payments on account thereof will be made as set forth in the Special Provisions.

ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should, fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate.

In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the work or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by the Engineer.

ARTICLE V. With respect to any work required to be done under this contract, the Contractor will indemnify and hold harmless the City of Fowler, Peters Engineering Group, and all other participating public agencies, whether, or not said agencies are named herein, who have jurisdiction within the areas in which the work is to be performed, and all officers and employees of the Owner, the City, the State, the United States and said other participating agencies, against any and all claims, demands, causes of action, damages, (including damages to the Owner's property or property of the participating agencies), costs or liabilities (including costs, or liabilities of the Owner or the participating agencies with respect to its employees), in law or in equity of every kind and nature whatsoever, directly or proximately resulting from or caused by the performance of the contract, whether such performance by the Contractor, his subcontractor or anyone directly or indirectly employed by him; and the Contractor shall, at his sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Owner, the participating agencies, their officers and employees on any such claim, demand or cause of action, and the Contractor shall pay and satisfy any judgement or decree which may be rendered against the Owner, the participating agencies, their officers and employees in any such suit, action or other legal proceedings.

The Contractor shall furnish the Owner with a Certificate of Insurance, in triplicate, indicating insurance coverage with respect to the liability assumed by the Contractor under the provisions of this Article V, and shall further indicate insurance coverage with minimum limits as shown in either (a.) or (b.) as follows:
a. Bodily Injury Liability $1,000,000 $1,000,000
Each person Each occurrence
Property Damage Liability $1,000,000 $1,000,000
Each person Aggregate
b. A single limit for Bodily Injury Liability and Property Damage Liability combined of:
$1,000,000, Each occurrence, $1,000,000, Aggregate
Contractor's Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries of damage to underground utilities. The policy shall not contain the so-called "x", "c" or "u" exclusions.

The Certificate of Insurance shall further provide that ten days notice of cancellation or reduction in coverage shall be given the Owner.

An additional Insured Endorsement to the Contractor's Liability insurance policy naming the Owner, the above said agencies and all other participating public agencies (if applicable) and all officers and employees of the above, shall also be furnished in triplicate.

ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation,

Certificate of Consent to Self-insure shall be provided the Owner.

ARTICLE VII. The Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a payment bond in an amount equal 100% of the contract price, both bonds to be written by a surety company acceptable to the Owner and in the form prescribed by law.

The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court.

ARTICLE VIII. Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provisions of the contract, including an action pursuant to Public Contract Code Section 20104.4, the prevailing party shall be entitled to recover reasonable attorney's fees and all costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful
ARTICLE IX. Time is of the essence. The improvement and work contemplated in the performance of this contract is predicated on sufficient suitable weather conditions during the contract period (after the notice to proceed), it is agreed that the contract may be credited additional days as provided in the specifications, but no additional monetary compensation. Any such delay shall be documented and processed on the standard change order form.

IN WITNESS WHEREOF, they have executed this Agreement this day of _____________________, 20__ .

City of Fowler
(Owner) (Contractor)
By:

Wilma Tucker, City Manager (Taxpayer Federal I.D. No.)
ATTEST:

By:

Angela Vasquez, Deputy City Clerk
Title

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-L

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM DAVID PETERS, City Engineer

SUBJECT
ACCEPT the Adams Avenue Reconstruction – Phase 2 & 3 – STPL 5173 (033) & (035) Project

RECOMMENDATION
Staff recommend the City Council accepts the Adams Avenue Reconstruction – Phase 2 & 3 project and authorize the City Engineer to file the Notice of Completion.

BACKGROUND
The City Council previously awarded a contract to Don Berry Construction for the Adams Avenue Reconstruction – Phase 2 & 3 project at a regularly scheduled council meeting on May 4, 2021. The project was constructed in accordance with the plans and specifications to the satisfaction of the City Engineer and the Public Works Director for a total amount of $1,289,691.84. The one-year warranty period will begin upon the recording of the Notice of Completion, which will follow the Council’s acceptance of the project.

ENVIRONMENTAL REVIEW
As part of the preliminary engineering phase, a Notice of Exemption was filed on May 12, 2020 to satisfy CEQA requirements. A Categorical Exclusion was approved by Caltrans under NEPA on April 22, 2020.

ACCEPT Adams Avenue Reconstruction – Phase 2 & 3
June 21, 2022

FISCAL IMPACT
Total project cost was $1,598,911.84. This project was funded by Surface Transportation Block Grant ($1,355,662.00) and local funds ($243,249.84).

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- None

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-M

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM DAVID PETERS, City Engineer

SUBJECT
APPROVE Resolution No. 2570 for a project list of SB 1 Local Streets and Road Maintenance and Rehabilitation Account funds for fiscal year 2022-23.

RECOMMENDATION
Staff recommends the City Council adopts Resolution No. 2570 designating resurfacing of Fresno Street from 5th Street to 3rd Street as the 2022-23 SB 1 Local Streets and Roads project.

BACKGROUND
In April 2017, the California State Legislature passed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. As part SB 1, specific transparency and accountability provisions must be met to ensure that the public is aware of the projects that have been completed utilizing SB 1 funds.

In 2019, all City streets were evaluated and rated as part of a pavement management system update.

The pavements have been evaluated to determine their Pavement Condition Index (PCI). The PCI scale ranges from 100 (new road) to 0 (gravel road). Typically, street maintenance strategies are aligned with the following PCI scale:

PCI Range Treatment
100-85 No Treatment
85-70 Slurry Seal
70-50 Cape Seal or Thin Overlay
50-25 Thick Overlay
25-0 Reconstruction

SB1 LSR Project FY 22-23
June 21, 2022

Each year, the City is required to update and provide a list of proposed projects to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), in accordance with SB 1. This list must include:
• Location of the project
• Proposed schedule of completion
• Estimated useful life of the improvement
Additionally, cities and counties must annually adopt a resolution with a list of projects they anticipate funding with SB1 funds. The project lists must be submitted to the California Transportation Commission (CTC) by July 1st to be eligible for SB 1 funding for the following fiscal year.

For FY22/23, the City is expected to receive $146,173 from the RMRA fund. Based on the recently completed Pavement Management System adopted by the City in 2019, staff has identified candidate projects for the RMRA funding program. Candidate projects were identified utilizing the pavement condition index (PCI) identified for each City roadway segment and the funding levels available in the current fiscal year. Larger PCI values represent better condition roads and lower PCI values represent poorer condition roads.

The candidate projects for FY 22-23 are:

Project Description Location PCI
Fresno Street Resurface roadway 5th Street to 3rd Street 24 7th Street Resurface roadway Modesto Street to Adams Ave 29 7th Street Resurface roadway Vine Street to Fresno Street 30 The recommended FY 22-23 project is resurfacing of Fresno Street from 5th Street to 3rd Street.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Adoption of the project list will allow the City to maintain eligibility to receive the FY 22-23 SB1 funds.

CONFLICT OF INTEREST
There are no known conflicts of interest associated with this action.

Attachments
- Resolution No. 2570
RESOLUTION NO. 2570

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 TO BE FUNDED

BY ROAD MAINTENANCE AND REHABILITATION ACCOUNT REVENUES IN

ACCORDANCE WITH THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 (SB 1)
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions to ensure the residents of the City of Fowler (“City”) are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $146,173 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth (6th) year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one (1) street within the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition. This revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Fowler, State of California, that:

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in-part or solely with fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project Description Location Estimated
Useful
Life
Anticipated
Year of
Construction
Fresno Street
Rehabilitation
Resurface roadway 5th Street to 3rd
Street
10-15 Yr 2022
******
THE FOREGOING RESOLUTION of the City Council of the City of Fowler was duly and regularly introduced, passed and adopted at a regular meeting of the City Council on the 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Mark Rodriquez, Mayor Pro-Tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-N

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM MARGARITA MORENO, Finance Director

SUBJECT
Actions pertaining to the Fowler Senior Meals (CDBG 19232-CV) • APPROVE Amendment I to Agreement with the City of Fowler (CDBG 19232-CV) • ADOPT Resolution No. 2571 amending the 2021-2022 Adopted Budget to appropriate $9,026 Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grant funding

RECOMMENDATION
Staff recommend the City Council approve Amendment I to Agreement No. 20-512 with the City of Fowler for the Fowler Senior Meals, Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grant Project No. 19232-CV, and adopt Resolution No. 2571.

BACKGROUND
Fresno County’s Urban County community development entitlement area received CDBG-CV funds from HUD through the CARES Act. The funds are to be used to prevent and respond to the spread of COVID-19 and other infectious diseases. The Project consists of the procurement of meals for senior citizens in the City. The Project will ensure the most vulnerable residents are receiving adequate nutrition, while minimizing those residents’ exposure to communicable disease at grocery stores or restaurants. Due to savings from other completed projects and represent the remainder of the City’s CDBG-CV funds, this amendment will increase CDBG-CV funding for senior meals by $9,025.85; from $29,055 to $38,080.85.

On December 15, 2020, the County and the City entered into Agreement No. 20-512, whereby $29,055 in CDBG-CV funds were made available to the City for the Fowler Senior Meals, Project No. 19232-CV. On January 28, 2022, the Director of Public Works and Planning approved an extension to Fowler Senior Meals
June 21, 2022

the close-out date of Project No. 19232-CV, pursuant to Section VII of the Agreement. Effective upon execution with no change in term through June 30, 2023, and increasing the maximum Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grant funding by $9,025.85 to a total Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grant funding amount not to exceed $38,080.85.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Funds will be appropriated in the Cares Fund.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Amendment I to Agreement with City of Fowler
- Resolution No. 2571
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 AMENDMENT I TO AGREEMENT
THIS AMENDMENT I TO AGREEMENT, (“Amendment I”), is made this ____ day of ______________, 2022 (“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the State of California ("County"), and the CITY OF FOWLER ("City").

WITNESSETH
WHEREAS, the County has received funds to administer and implement the program for the Community Development Block Grant Coronavirus Response (“CDBG-CV”) Program activities of the County, and its participating cities, in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended (“HCD Act”), the Coronavirus Aid, Relief, and Economic Security Act, (“CARES Act”); Public Law 93-383; and the laws of the State of California; and
WHEREAS, on December 15, 2020, the County and the City entered into Agreement 20- 512, ("Agreement"), whereby $29,055 in CDBG-CV funds were made available to the City for the Fowler Senior Meals, Project No. 19232-CV ("Project"); and WHERAS, on January 28, 2022, the Director approved an extension to the close out date of the project to June 30, 2023, per the terms of Section VII, Paragraph D; and WHEREAS, the City now has an additional $9,025.85 from its allocation of CDBG-CV funds that may be made available to the Project; and
WHEREAS, the City has requested these additional CDBG-CV funds in the amount of $9,025.85 be made available to the Project for the purposes of this Agreement.

NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the City and the County agree to amend the Agreement as follows:

1. Page 1, Lines 17-19, is amended to read:
“WHEREAS, the Subrecipient has estimated that the total cost of the Project is $38,080.85, and has requested the sum of $38,080.85 from the County's allocation of CDBG-CV funds to complete the Project; and”

2. The budget for the Project on Page 2, Lines 7 and 8, is amended to read:
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 " Meal Procurement $38,080.85
Total $38,080.85"

3. The proposed funding summary for the Project on Page 2, Lines 14 and 15, is amended to read:
"CDBG-CV $38,080.85
Local Contribution $ 0
Total $38,080.85"

4. That the dollar figure set forth on Page 2, Line 11, Page 3, Lines 1 and 21, and

County and City agree that this Amendment I is sufficient to amend the Agreement, and that upon execution of this Amendment I, the Agreement and this Amendment I together shall be considered the Agreement.

The Agreement, as hereby amended, is ratified and continued. All remaining provisions, terms, covenants, conditions, and promises contained in the Agreement shall remain in full force and effect.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 IN WITNESS WHEREOF, the parties have executed this Amendment I as of the day and year first hereinabove written.

CITY OF FOWLER COUNTY OF FRESNO
By:________________________________ _______________________________ City Manager Brian Pacheco, Chairman of the
Board of Supervisors of the
County of Fresno

Date: _____________________________ Date: ___________________________ ATTEST: ATTEST:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
___________________________________ By:______________________________ City Clerk, City of Fowler
APPROVED AS TO LEGAL FORM:
_______________________________
City Attorney
REMIT TO:

FUND NO: 0001
SUBCLASS NO: 10000 City of Fowler
ORG NO: 7205 Attn: Wilma Quan, City Manager
ACCOUNT NO: 7885 128 South 5th Street
PROJECT NO: CV19232 Fowler, CA 93625
ACTIVITY CODE: 7307 Telephone: (559) 834-3113
SW:JA: G:\7205ComDev\~Agendas-Agreements\2022\0712_Fowler Senior Meals CDBG 19232-CV Amend 1_AGT.docx May 27, 2022 RESOLUTION NO. 2571

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

APPROVING AND ADOPTING THE BUDGET AMENDMENT FOR ADDITIONAL FUNDING FOR THE FOWLER SENIOR MEALS FISCAL YEAR 2021/2022 WHEREAS, the FY 2021/2022 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2021/2022 Annual Budget was approved by the City Council on June 15, 2021, by Resolution 2504, and any subsequent amendments must be approved by Resolution; and WHEREAS, the budget amendment request attached provides additional funding for the senior meals
NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2021/2022 budget be amended to reflect additional funding for senior meals as described in the attachment hereto.

PASSED, APPROVED AND ADOPTED this 21ST day of June 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
Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues:
208.3650 Program Income $9,026
Appropriations:
208.5111 Covid 19 $9,026
Reason(s) for Budget Amendment:

To align the expenses and revenues to the first quarter of FY 2021/2022 budget, staff is requesting budget amendments to the following funds:
• To appropriate additional funding for senior meals.

Department Director ________________________________ Date __________________ Approval Required Budget Amendment:

Finance Director __________________________ Date __________________ Signature
City Manager ___________________________________ Date __________________ Signature
City Council: Approved Resolution #_______ Denied Date _______________

REQUEST FOR BUDGET AMENDMENT
Resolution 2571

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-Ai

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM DARIO DOMINGUEZ, Public Works Director

SUBJECT
APPROVE a contract with Pacific Solar Inc., in the amount of $155,020.52 for the Fire Station Solar Project and authorize the City Manager or her designee to execute the agreement.

RECOMMENDATION
Staff recommends the City Council approve a contract with Pacific Solar, Inc., in the amount of $155,020.52 for the Fire Station Solar Project and authorize the City Manager or her designee to execute the agreement.

BACKGROUND
Staff along with the City’s consultant, ARC Alternatives, developed a procurement process to solicit pricing for the Fire Station Solar Project. The Request for Proposals was released on January 31, 2022 and closed on March 4, 2022. ARC Alternatives received proposals from four vendors. ARC Alternatives and staff hosted interviews with two of the vendors and in consensus agreed that Pacific Solar, Inc. was the most qualified vendor. At the April 19, 2022, City Council meeting ARC Alternatives presented the findings, and Council directed staff to move forward into negotiations with Pacific Solar, Inc.

Highlights of the Pacific Solar, Inc., proposal and contractual terms follow:
• Project Size (kWdc): 67.20 kWdc
• First Year Production: 98,338.75
• Yield (kWh/kWdc): 1,463.37
APPROVE a contract with Pacific Solar Inc.

June 21, 2022

• Capital Cost per Watt: $2.31
• Capital Cost per KWh (20 years): $0.0669
• O&M: Initial 5 year term for $2,500, with options to extend for 3 consecutive 5 year renewals up to 20 years.

Concurrently with the procurement process, ARC Alternatives has assisted staff with the preparation and submission of the California Energy Commission Energy Conservation Assistant Act (ECAA) loan application and the interconnection application with Pacific Gas & Electric to make sure the City’s project is grandfathered under the Net Energy Metering (NEM) 2.0.

As part of the ECCA loan preparation process, ARC Alternatives and the CEC determined that the project is estimated to pay itself back with energy savings in approximately 7 years, as opposed to the 16 years that was presented to Council on April 19, 2022. Initially, it was assumed to be 16 years but after analyzing the project costs, the financial terms of the application will be a 7 year payback period.

The term shortens because the 7 years of project savings is assumed to be used to pay off the loan.

After the 7 year payback period, the City will realize the entire project savings. The total cost of the loan is less with the 7 year term and the City is still cash flow positive after the second year. The City would have ECAA loan payments of approximately $26,000 per year, at the 1% interest rate for a total project cost of $182,924.

Once implemented, the project is projected to generate roughly $770,000 in total bill savings, before project costs, over the 20-year period. Using the ECAA loan terms and considering O&M costs, the project is projected to be cash flow positive in year 2 of operation and generate roughly $570,000 of cumulative net benefit over the 20-year period.

The project schedule is dependent of the ECCA loan. The loan needs to be approved by CEC and is likely to be approved in July 2022. Pacific Solar can then proceed with construction and is expected to be completed by the end of this calendar year.

The City is awarding this contract as authorized under California Government Code Section 4217.

ENVIRONMENTAL REVIEW
Solar and energy conservation improvements at existing facilities are categorically exempt pursuant to CEQA Guidelines section 15301.

FISCAL IMPACT
The funding of the project is the ECCA loan amount of $182,924. Annual payments are estimated to be approximately $26,000. Staff would be bringing a future budget amendment to appropriate funding.

The first payment will be due 12 months after the completion of the project.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

APPROVE a contract with Pacific Solar Inc.

June 21, 2022

Attachments
- Pacific Solar, Inc. Photovoltaic Solar Agreement
- Pacific Solar, Inc. Operations and Maintenance Agreement & Exhibits - Updated escalators per Council request
PAGE 1 OF 4
THIS AGREEMENT is made this Tuesday, June 21, 2022
by and between City of Fowler
hereinafter called the Owner, whose address 220 E Main St Fowler, CA 93625 and VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR
,hereinafter called Contractor, License No. 812149
, whose address is 4920 E YALE FRESNO CA 93727
LENDER:

In consideration of the mutual covenants and agreements herein contained, the parties hereto hereby agree as follows:

1. Contractor agrees to construct and complete in a good, workmanlike and substantial manner, upon the real property hereinafter described, procuring all labor materials, components, permits, PG&E inspections , state rebates, design, and any other facilities needed therefore, a

2. The project is to be constructed and completed in strict conformance with plans and specifications for the same signed by the parties hereto and incorporated herein by reference, a copy of which plans and specifications have been filed with the Construction Lender named above (If there is no Construction Lender, all references to same in this contract are to be disregarded).

The system, is also to be constructed and completed in strict compliance with all laws, ordinances, rules and regulations of the applicable governmental authorities, and Contractor is to apply for and obtain all required permits and licenses, paying all fees therefore, and all other fees required by such governmental authorities. Unless otherwise specifically provided in the plans and specifications, the Owner will pay all assessments and charges of any kind required by governmental authorities and public utilities for financing or repaying the costs of hookup charges and the like.

3. In consideration of the covenants and agreements herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this contract, and the construction and completion of the Project, Owner agrees to pay to Contractor the sum of

SYSTEM PRICING DETAILS
(Please Initial) INSTALLED SYSTEM PRICE (BEFORE REBATE) $ 155,020.52 (Including sales tax and shipping)

ESTIMATED CALIFORNIA SOLAR REBATE TO BE PAID TO CONTRACTOR CONTRACT PRICE (NET TO CUSTOMER) $ 155,020.52
IN INSTALLMENTS AS FOLLOWS:

First Installment $ 15,502.05 10 %
Upon Signing
of Contract 6/24/2022
Second Installment------------------------------------------------------------------------------------------ $ 77,510.26 50 % Upon
Equipment
Procurement 8/8/2022
Third Installment----------------------------------------------------------------------------------------------- $ 46,506.16 30 % Upon Permit
Signoff 8/22/2022
Final Installment $ 15,502.05 10 % Upon PTO 12/1/2022
TOTAL------------ $ 155,020.52
All payments are due net 10 days. Commencement of work shall be defined as delivery of materials to site.

System completion occurs upon building or electricalsign-off. Utility inspection typically occurs 4 to 14 days after permitsign-off.

PHOTOVOLTAIC SYSTEM AGREEMENT

67.2 KW SYSTEM
(hereinafter called the "Project," upon the following described real property:

PROJECT ADDRESS: 220 E Main St Fowler, CA 93625
(hereinafter called the "Property"). The Owner will locate and point out the property lines to Contractor AMOUNT % DUE Est. Date
PAGE 2 OF 4

SYSTEM LABOR AND COMPONENT DETAILS
STANDARD COMPONENTS:
140 Q Cell G10.2-480
140 Tigo TS4- Module Level Shutdown Devices
1 Solectria 50 TL
1 Also energy revenue Grade Production Meter
1 50kw 480/208 Transformer
1 200 Amp Disconnect NEMA 3R
Ironridge Racking and S-5 stanfing seam mounting components per Uniform Building Code AC and DC disconnects per National Electric Code and utility Wiring and conduit between pv panels and 50 ft allowance from PV system to house panel Roofing sealant and flashings as needed
STANDARD LABOR:

Project Notes:
• Layout attached as Exhibit A
• Operations & Maintenance agreement attached as Exhibit B • Project is a Public Works Project, Prevailing Wage rates will be paid accordingly • Design plans will be provided for review and approval prior to submittal Design System and secure building or electric permit
Install specified system with good workman-like manner
Complete and submit all utility interconnection documents Coordinate all building, electrical and utility inspections ADDITIONAL WORK:
(The following items or specific prices are included in the contract price stated above) If progress payments are to be made through the Lender, Owner represents that the loan fund is sufficient to pay the contract price and all extra work that may be ordered by Owner. Owner will do everything possible to expedite payments. The Owner hereby irrevocably authorizes the Lender to make all payments directly to the Contractor when due.

If corrective or repair work remains to be accomplished after the Project is ready for occupancy, the Owner may withhold payment of a sufficient amount to pay for the completion of such work, but shall not withhold any greater amount. Upon completion of all such corrective work by Contractor, Owner shall pay the balance of the contract sum to Contractor.

4.The Contractor agrees to commence work hereunder within 30 days of Owner’s payment of the First Installment stated in Section 3
of this Photovoltaic System Agreement, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same within 30 days after commencement of work as aforesaid, subject to such delays as are permissible under Section 5 below.

In no event shall the Contractor commence said work or place any materials on the Property prior to receipt of such notice from the Owner.

5. Time is of the essence of this contract and Contractor shall substantially complete the work during the time provided for in Section 4 above. However, the time during which Contractor is delayed in said work by (a) the acts of Owner or his agents or employees or those claiming under agreement with or permission from Owner, or by (b) the Acts of God which Contractor could not have reasonably foreseen and provided against, or by (c) unanticipated stormy or inclement weather which necessarily delays the work, or by (d) any strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which he cannot reasonably overcome, or by (e) the failure of Owner to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Furthermore, the Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received.

PAGE 3 OF 4

6. Contractor shall at his own expense carry all workmen's compensation insurance to protect Contractor's employees and public liability insurance necessary for the full protection of Contractor and Owner from injury to persons or property arising from the acts of Contractor or his Subcontractors during the progress of the work. Certificates of such Insurance shall be filed with Owner and with the Construction Lender if Owner so requires, and shall be subject to the approval of both of them as to adequacy of protection. Owner shall obtain and pay for insurance against injury to h own employees, if any, and persons on the site at Owner's direction. The Contractor shall not be responsible for an damage occasioned by the Owner or Owner's agents, Acts of God, earthquake, or other causes beyond the control Contractor, unless otherwise herein provided.

7. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with California Code of Civil Procedures and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof. Owner, Contractor, Architect and all Subcontractors, Sub-Subcontractors, material suppliers, and other parties concerned with the construction of the project are Bound, each to the other, by this arbitration clause, provided each party has signed this contract or a contract that incorporates this contract by reference, or signs any other agreement to be bound by this arbitration clause. On the demand of the arbitrator or any party to an arbitration initiated under the arbitration provisions of this contract, Owner, Contractor, and any Subcontractors, Sub-Subcontractors, or other party bound by this arbitration provision agrees to join, become a party to, and be bound by such arbitration proceedings. If any party refuses or neglects to appear at or participate in such arbitration proceedings, the arbitrators are empowered to decide the controversy in accordance with whatever evidence is presented by the party or parties who do participate.

8. Contractor guarantees all equipment, material, supplies, and work furnished on the project against defective construction or workmanship for a period of ten years following the completion of the project, except when a longer guaranty is provided by the supplier or manufacturer of the equipment or material. Contractor shall supply the Owner with all warranty and guaranty documents relevant to the equipment and materials incorporated into the job and guaranteed by its suppliers or manufacturers.

9.If either party hereto becomes involved in arbitration or litigation arising out of this contract or the performance of it, the court or tribunal in such arbitration or litigation and their costs and expenses of such arbitration and litigation, including expert witness fees and attorney's fees, shall be the burden of each party.

10.Upon the completion of the Project, the Contractor agrees to remove all debris and surplus materials from the Owner's property (including under area of structure) and leave said property in a neat and broom clean condition.

11. This contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this contract exists between the parties. This contact can be modified only by an agreement in writing signed by both parties.

12. This agreement shall be construed in accordance with, and governed by, the laws of the State in which the project is located.

Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P. 0. Box 26000, Sacramento, California 95826.

13. Changes to the Agreement
(a) Prior to installation, the following conditions may change the expected costs and benefits of the Solar Facility to both you and VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR:
(i) Any changes or additions to the design or equipment of your Solar Facility. (ii) Any change in the system’s annual energy production estimate, expressed in kWh, provided by the National Renewable Energy Laboratory PVWatts Calculator ("PVWatts calculator") ("Final Year One Production Estimate").

PAGE 4 OF 4
(iii) If any of these conditions occur, VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR may choose to modify the terms of this Agreement or cancel the Agreement. If VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR chooses to modify the terms, VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR will notify you in writing and you will have five (5) business days to accept the modified terms or cancel this Agreement pursuant to Section 12(e). If you do not respond to VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR within five (5) business days, VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR may deem you to have cancelled the Agreement.

Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. In order to be enforceable, the order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract. A contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation by the contractor for work performed, based upon legal or equitable remedies designed to prevent unjust enrichment. (b) You may choose to accept changes under this Section in writing or by electronic mail. If a change pursuant to this Section increases the Upfront Payment after you have already paid it to VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR, you agree to immediately pay VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR the increase in the Upfront Payment. VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR may suspend installation until this payment is received. (c) If for a period of one hundred twenty (120) days VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR fails to perform its obligations required to commence installation of the Solar Facility and you have fulfilled all of your obligations under this Agreement, you may cancel this Agreement, in which case VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR will refund to you the Upfront Payment set forth in System Pricing Details, provided that your Property was accessible and in a state fully ready to permit the installation of the Solar Facility. It is your obligation to exercise reasonable efforts to respond to VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR in a timely manner on questions and requests for approvals and/or appointments. If you cause Solar Facility to be delayed in excess of thirty (30) days due to your unresponsiveness, VALLEY PACIFIC BUILDERS DBA PACIFIC SOLAR may cancel this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of OWNER: CONTRACTOR:

City of Fowler P DAVID WASEMILLER
1 OPERATIONS & MAINTENANCE AGREEMENT
Valley Pacific Builders dba Pacific Solar ("Pacific Solar") Name and Title for Notices:

City of Fowler(“Customer”)
Name and Title for Notices:

Address:

Pacific Solar
228 N Fairfax
Clovis Ca 93619
Address:

City of Fowler Fire Department
220 E Main St
Fowler, CA 93625
This Operations and Maintenance Agreement (this “Agreement”) is entered into as of June 21, 2022 (the “Effective Date”) between Pacific Solar and Customer. Customer hereby engages Pacific Solar, and Pacific Solar hereby accepts such engagement, to perform certain maintenance services for the systems identified in Exhibit A hereto “Systems”), located on the sites described in Exhibit A hereto (the “Sites”) in accordance with the terms and conditions set forth below. Therefore, in consideration of the promises and undertakings set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Pacific Solar and Customer (each a “Party” and together, the “Parties”), intending to be legally bound, hereby agree as follows:

1. Term. The term of this Agreement begins on the
Commencement Date for each System and ends five (5) years after the Commencement Date for each System (the “Term”), unless sooner terminated in accordance with the provisions hereof.

This Agreement may be extended at Customer’s option to up to twenty (20) years in the form of three subsequent five (5) year extensions.

2. Services.
(a) System Services. Starting on each System’s
Commencement Date and continuing for five (5) years unless terminated earlier or renewed according to the provisions of this Agreement, Pacific Solar shall perform and provide for theSystems all the system services pursuant to the specific service package selected by Customer as specified in Exhibit B.1 (the “Systems’ Services”). If Customer elects to extend this Agreement the services provided will continue for each subsequent five (5) year period for up to twenty (20) years from System’s Commencement Date, unless this Agreement is otherwise terminated in accordance with the provisions hereof.
(b) Additional Services. N/A
(c) Transactional Services. N/A
(d) Emergency. If Pacific Solar or Customer learn of an event occurring at the Sites or any adjoining property that poses actual or imminent risk of serious personal injury to any person or material physical damage to the Systems or to the interconnection facilities (an “Emergency”), each Party shall immediately notify the other Party thereof, and Customer and Pacific Solar shall jointly attempt to formulate a response. Pacific Solar may, in the good-faith determination of Pacific Solar, take immediate preventative or remedial action that may be necessary to ensurethe (i) continued operation of the Systems and (ii) safety of personnel and property at the Sites. All such remedial or preventative actions shall be deemed Transactional Services approved hereunder for which Customer may issue a purchase order as soon as practicable. In the event that such Emergency results in any part from the breach of any obligation by, or the negligent conduct or willful misconduct of Pacific Solar or any of its employees, agents, or subcontractors, no charge shall be due and owing from Customer for such remedial or preventative action.

3. Commencement of System Services. For each System,
Pacific Solar will begin providing the System’s Services when the System: (i) is capable of the commercial delivery of energy tothe full extent of its designed capacity, (ii) has begun delivering energy for sale or use, (iii) has been issued a Permission to Operate letter by Southern California Edison, and (iv) has been accepted by Customer according to the terms and conditions contained within the designbuild contract (the “Design-Build Contract”) between Pacific Solar and Customer (the “Commencement Date”).

4. Compensation. On the Commencement Date for each
System, and on each yearly anniversary of that date during theTerm, Customer shall pay, the Subscription Services fee for the System (as described in Exhibit A, and set forth in Exhibit C, the “Subscription Services Fee”). All Transactional Services performed hereunder shall be billed monthly in arrears for the Transactional Service performed during the preceding month. Customer shall pay all amounts invoiced hereunder within thirty
(30) days after the invoice date. Any amounts not paid when due hereunder shall bear interest at the rate of 1.0% per month (prorated on a daily basis) or the highest rate allowable by law, whichever is lower.
2 5. Taxes. Pacific Solar shall invoice Customer separately for any sales, use or ad valorem taxes or other governmental taxesor fees imposed by any governmental authority in connection with the Services performed hereunder.

6. Termination.
(a) Termination Without Cause. Customer may terminate
this Agreement, without cause, by giving Pacific Solar at least ninety (90) days’ prior written notice.
(b) Termination for Cause. If either Party hereunder defaults in the performance of any obligation hereunder, and said default is not cured within thirty (30) days after the defaulting Partyreceives written notice thereof, the non-defaulting Party may terminate this Agreement for cause upon ten (10) days’ notice; provided that, if the default cannot reasonably be remedied within such thirty (30)-day period and the defaulting Party exercises diligent efforts to cure such default, the defaulting Party shall be afforded such additional time to cure such default as may be reasonably required.
(c) Termination for Non-Payment. Notwithstanding the
provisions of Section 6(b) above, if, thirty (30) days after any payment hereunder has become due, Customer has failed to pay such amount, then Pacific Solar will notify Customer, and, three (3) days after such notification, if Customer still has failed to pay such amount, Pacific Solar may suspend the provision of Services. (30) thirty days after Customer receives notice from Pacific Solar, Customer still has failed to pay such amount, then Pacific Solar may terminate this Agreement for non-payment.
(d) Consequences of Termination. Termination of this
Agreement shall not affect any rights or obligations of either Party that accrues prior to the date of such termination or that, expressly or by implication, are intended to survive termination. If either Party terminates this Agreement pursuant to this Section 6, Customer shall pay Pacific Solar for all Transactional Services satisfactorily performed by Pacific Solar prior to the effective date of such termination and (i) if terminated pursuant to clause (b), Pacific Solar shall return to Customer the proportionate share of the annual Subscription Services Fee paid by Customer for the portion of the Term remaining following the effective date of such termination, or (ii) if otherwise terminated pursuant to clauses (a) or (c), Pacific Solar shall retainthe proportionate share of the annual Subscription Services Fee paid by Customer for the portion of the year in which such termination occurs.

7. Manner of Pacific Solar’s Performance. In performing and providing the Services, Pacific Solar shall use commerciallyreasonable efforts to (a) comply with all applicable federal, state and local laws, ordinances, orders, rules and regulations, including, without limitation, obtaining and maintaining all requisite permits and licenses pertaining to the Services and (b) take all reasonable measures to avoid injury toany person or property and minimize interference with Customer’s activities at the Site. All persons employed, contracted or otherwise utilized by Pacific Solar in performing or providing the Services shall be fully qualified and skilled in their trade.

8. Access to Sites.
(a) On each date of Service with respect to the Sites and for so long as any Services are provided by Pacific Solar
hereunder, Customer shall enable Pacific Solar or any of its subcontractors or agents to gain free, unobstructed, access to the Sites for the purpose of performing the Services hereunder and shall keep the Sites free and clear from any encumbrances, obstructions or hazardous materials.

9. Warranty.
(a) Service Warranty. Pacific Solar warrants, for a period one (1) year from the date of performance of any specific Service hereunder (the “Warranty Period”), that such Services shall be performed in a good and workmanlike manner in accordance with both industry practices generally acceptable in the location in which such Services are provided and all requirements of law (the “Service Warranty”).
(b) Exclusive and Limited Remedies. Provided Pacific
Solar is notified of a defect covered by the Service Warranty within the Warranty Period, Pacific Solar shall, at its option and its sole cost and expense, either repair, replace or re-perform any such nonconforming services. Such repair, replacement or re-performance will constitute Customer’s sole and exclusive remedy for any breach of the Services Warranty and shall not extend the Warranty Period. (c) Limitation and Exclusion of Warranties. THE
SERVICES WARRANTY SET FORTH IN THIS SECTION 9 IS

EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE OR ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE OR OTHERWISE. Pacific
Solar shall not be liable for breach of the Services Warranty to the extent such breach arises from: (i) modifications, alterations or repairs to the System not performed by Pacific Solar;
(ii) nonconformities caused by the Systems not being operated by Customer or any third party in accordance with any manualsand revisions thereto (including the replacement of worn orfailed parts); or (iii) any damage to the Systems caused by accident, vandalism, malicious mischief, theft or attempted theft or any other Force Majeure Event (as defined below).
(d) The warranties provided under this Agreement are in addition to and separate from any warranties provided under the Design-Build Contract, secured by the performance bond provided under the Design-Build Contract, provided by equipment
manufacturers, or required by State law. Nothing set forth herein shall be deemed to modify these separate and distinct warranties. 3 10. Indemnification.
(a) To fullest extent permitted by California law,
Pacific Solar agrees to and does hereby defend,
indemnify and hold harmless Customer, and its officers, employees, agents and independent contractors (the
“Indemnified Parties”) against every claim or demand
made, and every liability, loss, damage, or expense,
including attorney’s fees, of any nature whatsoever, that may be incurred by reason of:
(1) Liability for: (1) death or bodily injury to
persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the
Contract Documents (as defined in the Design-Build
Contract); or (4) any other loss, damage or expense,
sustained by any person, firm or corporation arising from any act, omission, negligence, or breach by Pacific Solar or any person, firm or corporation employed by,
under contract with, or acting on behalf of Pacific
Solar, arising out of or in any way connected with
the Services performed by Pacific Solar, its
employees, contractors or agents pursuant to this
Agreement or the Contract Documents, whether or not
said injury or damage occurs on Customer property,
except for liability that results directly from the sole or active negligence, or the willful misconduct of an
Indemnified Party; and
(2) Any dispute between Pacific Solar
and Pacific Solar's subcontractors, suppliers, or
sureties, including, but not limited to, any failure or alleged failure of Pacific Solar (or any person hired or employed directly or indirectly by the Pacific Solar) to pay any subcontractor or materialman of any tier or any other person employed in connection with the Services
or filing of any stop notice or mechanic’s lien claims. (3) Pacific Solar, at its own expense, cost, and
risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted
against Customer, its officers, agents or employees, on account of or founded upon any cause, damage,
negligence, breach, or injury identified in this Section and shall pay or satisfy any judgment that may be
rendered against Customer, its officers, agents or
employees in any action, suit or other proceedings as a result thereof.
(4) Upon termination, subject to the confidentiality
obligations contained in the Contract Documents,
Pacific Solar shall provide Customer with all
documents produced maintained or collected by Pacific
Solar pursuant to this Agreement, whether or not such
documents are final or draft documents.
(b) To the furthest extent permitted by California
law, and up to the cumulative amount of the Subscription Services Fees that have accrued as of the filing date of any claim to which the indemnity obligation of Customer described in this Section applies, Customer shall defend, indemnify, and hold harmless Pacific Solar, its agents, representatives, officers, consultants and employees against any and all third-party claims of any
kind, nature, or description, including, but not limited to, attorneys’ 3 fees and costs, directly or indirectly arising from or connected with personal or bodily injuries, death or property damage resultingfrom the sole and active negligence, or willful misconduct of Customer. (c) Notwithstanding (a) and (b) above, neither
Pacific Solar nor the Customer shall be required to defend, indemnify, and hold harmless the other for its own negligent acts and omissions or willful misconduct. It is the intent of the Parties that, where negligence is determined to have been joint or contributory, principles of comparative negligence will be followed, and each Party shall bear the proportionate cost of any loss, damage, expense or liability attributable to that Party’s negligence.

11. Insurance.
(a) Pacific Solar shall obtain and maintain throughout the Term of this Agreement, at its sole cost and expense, the insurance coverage described in Exhibit D attached hereto.

12. LIMITATION ON LIABILITY.
(a) CONSEQUENTIAL DAMAGES. EXCEPT FOR THE

INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN

AND THE LIABILITIES ARISING FROM OR RELATED TO
EITHER PARTY’S WILLFUL MISCONDUCT OR

NEGLIGENCE, IN NO EVENT WILL EITHER PARTY OR

ANY OF ITS AFFILIATES, EMPLOYEES OR CONTRACTORS

BE LIABLE UNDER THIS AGREEMENT TO THE OTHER

PARTY OR ANY OF ITS AFFILIATES OR EMPLOYEES, OR

TO ANY THIRD PARTY, FOR (I) ANY LOSS OF PROFIT OR

REVENUE, OR ANY INDIRECT, CONSEQUENTIAL,

INCIDENTAL, SIMILAR OR ADDITIONAL DAMAGES

WHETHER INCURRED OR SUFFERED AS A RESULT OF

THE UNAVAILABILITY OF FACILITIES, PERFORMANCE,

NON-PERFORMANCE, TERMINATION, BREACH, OR

OTHER ACTION OR INACTION UNDER THE AGREEMENT,

OR (II) FOR ANY OTHER REASON, EVEN IF A PARTY HAS

BEEN ADVISED OF THE POSSIBILITY OF RECOVERING
SUCH LOSS OR DAMAGE. HOWEVER, FOR THE

AVOIDANCE OF DOUBT, NOTHING CONTAINED WITHIN

THIS SECTION WILL REDUCE OR RELIEVE PACIFIC
SOLAR’S OBLIGATION TO PAY ANY GUARANTEE

PAYMENT REQUIRED UNDER THE PERFORMANCE
GUARANTEE AGREEMENT.
(b) LIABILITY CAP. EXCEPT WITH RESPECT TO THE

INDEMNITY OBLIGATIONS SET FORTH HEREIN AND
LIABILITIES ARISING FROM EITHER PARTY’S WILLFUL

MISCONDUCT OR NEGLIGENCE, IN NO EVENT SHALL
EITHER PARTY’S TOTAL AGGREGATE LIABILITY UNDER

THIS AGREEMENT, IN ANY GIVEN YEAR, EXCEED THE

SUBSCRIPTION SERVICES FEE ATTRIBUTABLE TO SUCH
YEAR.

13. Assignment; Successors and Assigns. Each Party’s rights, duties and obligations under this Agreement shall not be assigned without the prior written consent of the other Party; provided, however, that Pacific Solar may assign this Agreementto affiliates of Pacific Solar without the prior written consent of Customer.

Notwithstanding anything to the contrary herein, Pacific Solar may delegate its duties hereunder to its subcontractors, 4 provided that Pacific Solar shall continue to be primarily responsible for all of its obligations hereunder.

14. Notices. Unless otherwise specified in this Agreement, all notices, demands and consents provided for in this Agreement shall be in writing and shall be given to Customer or Pacific Solar at the address set forth herein, or at such other address and/or to the attention of such other person as each may specify hereafter in writing. Such notice or other communication shall be: (a) mailed by United States registered or certified mail, return receipt requested, postage prepaid and deposited in a United States Post Office or a depository for the receipt of mail regularly maintained by the Post Office and deemed given on the third (3rd) business day following such deposit; (b) sent by reputable overnight carrier (e.g., Federal Express, UPS, DHL, Purolator) and deemed given when delivered to such carrier; (c) sent by facsimile and deemed given on the date sent; or (d) delivered by hand and deemed given on the date delivered.

15. Force Majeure. Other than with respect to failure to make payments due under this Agreement, neither Party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused by, or due to any cause beyond its reasonable control, including, but not limited to, fire, earthquake, wind, flood, water, the elements, acts of God, third-party labor disputes, utility curtailments, power failures, explosions, civil disturbances, vandalism, governmental actions, shortages of equipment or supplies, unavailability of transportation or acts or omissions of third parties (any such event, a “Force Majeure Event”). If the performance of Services by Pacific Solar is delayed due to inclement weather or other cause or circumstance beyond Pacific Solar’s control, Pacific Solar shall be excused from its obligation to perform the Services, and such performance shall be rescheduled to a future date, if possible.

16. Amendments. Except as otherwise herein provided, any and all amendments, additions or deletions to this Agreement shall be null and void unless approved by each of the Parties hereto in writing.

17. Complete Agreement. This Agreement constitutes the
entire agreement between Customer and Pacific Solar as to the matters set forth herein, and any and all previous
agreements (written or oral) entered into between the Parties hereto with respect to the matters set forth herein shall be deemed merged herewith. In the event of a conflict between the terms of this Agreement and any exhibit attached hereto, the terms of this Agreement shall control.

18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which togethershall comprise a single instrument.

19. Severability. If any provisions of this Agreement shall be found to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and this Agreement shall be enforced to the greatest extent permitted by law.

20. Independent Contractor. Pacific Solar shall perform the Services hereunder as an independent contractor and not as an agent or employee of Customer, its parent, subsidiary or affiliate.

21. Law and Venue. This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions that would mandate the application of the laws of another jurisdiction. Any litigation between the parties shall be conducted exclusively in the state or federal courts in the State of California, and each Party hereby unconditionally submits to the exclusive jurisdiction of such courts.

Venue shall be exclusively within the federal courts located in Fresno County, California.
[REST OF PAGE BLANK – SIGNATURES ON PAGE 5]
5 By their signatures hereunder the Parties hereby execute this Operations and Maintenance Agreement as of the Effective Date first above written.

PACIFIC SOLAR CITY OF FOWLER
By: By:

Name: Name:

Title: Title:
6 Exhibit A
Systems

1. Site Details:

Facility Address Size (kWdc)
City of Fowler
Fire Department
220 E Main St.

Fowler, CA 93625 67.2

2. Description of System: Pacific Solar Roofmount PV

3. Subscription Services
Fee:
a. First Year Payment: $500
b. Annual Escalator: 0.0% for first five(5) years 3.0% annual escalator thereafter. c. Payments due within thirty (30) days after the Commencement Date for each System and within thirty (30) days after each yearly anniversary of such dates. d. Subscription Services Fee for each Site is itemized in Exhibit C – Payment Schedule

4. Duration of Pacific
Solar’s Operation and
Maintenance Obligations:

Five (5) years, beginning on the Commencement Date for each System. Customer has option to extend this to up to twenty (20) years in the form of three (3) five (5) year renewals at the option of Customer.

5. Monitoring Connection:

Pacific Solar-provided cellular connection, as part of the Pacific Solar Monitoring System (SMS).
7 Exhibit B.1
System Services
On the terms and conditions set forth in this Agreement, Customer elects to receive, and Pacific Solar agrees to provide System Services as indicated below:

Description of System Services

1. Customer Service Support Hotline:
a. Technical support line: 1-559-251-5592 (during normal business hours). b. Support technicians specialize in remote troubleshooting and providing step-by-step diagnosis instructions.

2. Pacific Solar Performance Monitoring Website:
a. Customer web site updated every 15 minutes for monitoring operational and environmental performance of the Pacific Solar solar power system.
b. All site data can be downloaded to Customer’s computer in Microsoft Excel format. c. Customer will be provided with login credentials for use during the term of this Agreement.

3. Performance Reports:
a. Actual vs. expected performance of the System on both a monthly and annual basis with a comparison of performance to a typical weather year.
b. Environmental benefits will be estimated and included. c. Annual Operations and Maintenance records will be provided to Customer upon request. d. Optional custom reports can be supplied on a time and material basis.

4. Daily Performance Monitoring and Notification:
a. Continuous monitoring of Customer’s System via experienced solar monitoring technicians. b. Operational status (inverter and system on/off) and performance alerts (actual vs. expected performance) are continuously monitored by the Pacific Solar Operations Center (SOC) system computers and monitoring technicians automatically receive alerts of system anomalies. c. Monitoring technicians identify and respond to system alerts including contacting Customer’s system administrator.

5. Preventative Maintenance, Inspections & Testing:
a. Array
i. Inspect PV modules for damage, discoloration or de-lamination. ii. Inspect mounting system for damage or corrosion.
iii. Perform Surface Cleaning of all Modules, pressure washer not to exceed 1500PSI b. Inverter
i. Clean all filters and fans.
ii. Inspect inverter pad and container.
iii. All other preventive maintenance required by OEM warranty. c. Electrical BOS
i. Inspect ground braids, electrodes and conductors for damage. ii. Perform thermo-graphic analysis of combiner boxes, inverters, transformers, and conductor connections to buses, breakers or disconnects.
d. Meteorological Station(if installed)
i. Inspect weather measurement equipment for damage.
ii. Clean pyranometers and reference cells.
e. Site Conditions
i. Inspect drainage conditions.
ii. Inspect vegetation for array shading or fire hazards. iii. Inspect safety conditions and proper signage.
f. Maintenance Reporting
i. Record results of all inspections.
ii. Take photographs of any damage or defects identified. iii. Inform Owner and warranty providers of all deficiencies identified. iv. Provide Owner with corrective action plans.

6. Performance Review:
a. Review of the following System performance data with a Pacific Solar performance engineer and provide a corrective action plan where applicable:
i. Expected vs. Actual system production (kWh);
ii. System Availability;
iii. Recoverable Degradation;
iv. Performance Index;
v. Operation and Maintenance Records;
vi. Safety, Accidents and Environmental Reporting.
8 7. Corrective Maintenance includes:
a. On-site troubleshooting & diagnostics of all system components; b. Inverter and Data Acquisition System resets;
c. Processing of OEM warranty claims on behalf of Customer and verification of replaced equipment; d. Full scope repair and replacement of equipment.
9 Exhibit C
Payment Schedule
This Payment Schedule reflects an annual price escalator equal to 0.0% for the first five years. If Customer chooses to extend the Term the annual price escalator will be 3.0%
Year 1 : $500
Year 2 : $500
Year 3 : $500
Year 4 : $500
Year 5 : $500
Year 6 : $515
Year 7 : $530
Year 8 : $546
Year 9: $563
Year10: $580
Year11: $597
Year12: $615
Year13: $633
Year14: $652
Year15: $672
Year16: $692
Year17: $713
Year18: $734
Year19: $756
Year20: $779
10 Exhibit D
Pacific Solar Insurance

1. Commercial General Liability in the minimum amount of $1,000,000 combined single limit (which may be satisfied by Pacific Solar’s obtaining primary coverage in an amount not less than $1,000,000 per occurrence and umbrella coverage in an amount equal to the difference between $1,000,000 and the amount of such primary liability coverage), and $2,000,000 in aggregate, including (a) broad form contractual liability coverage (which shall also expressly cover and designate the Pacific Solar’s indemnity obligations in Section 10), (b) explosion, collapse and underground property damage (as necessary) and (c) products/completed operations;

2. Comprehensive Automobile Liability in the minimum amount of $1,000,000 combined single limit, including owned, hired and non-owned vehicles;

3. Excess Liability in the minimum amount of $1,000,000 over $1,000,000 which shall be in excess of the primary coverage referred to in clauses 1 and 2 above; and

4. Workers’ Compensation in the minimum amount required by statute and Employers’ Liability with minimum limit of $500,000 or as required by law.

The insurance described in clauses 1 and 2 above shall only respond to any allegation, claim, loss, damage, demand or judgment or other cause of action arising out of the obligations of Pacific Solar under this Agreement and shall be primary in connection therewith. All insurance to be obtained by Pacific Solar shall be in form and substance satisfactory to Customer, shall name Customer as an additional insured and shall be issued by insurers with a Best rating of A:VI or better (unless, in each instance, Customer has given Pacific Solar prior written approval of an insurer with a lower rating). Pacific Solar shall provide Customer with certificates evidencing all insurance coverage required by this Insurance Annex within five days from the date of this Agreement. Pacific Solar shall provide Customer with evidence satisfactory to Customer that such policies and bond have been renewed not less than 30 days prior to the scheduled expiration date thereof. Customer will not reimburse Pacific Solar for Pacific Solar’s cost of such insurance or bond or for any and all coverage that Pacific Solar obtains for its own account or any coverage above Customer’s requirements.

System Details
Solar System Size 67.2
Pacific Solar Design Build Cost $155,020.52
Implementation Consulting Support $12,401.64
Contingency $15,502.05
Total Project Cost $182,924.21
7 Year Term, 3.5% Utility Escalation Year
Base Annual
Use
Base Annual
Cost
Solar
Production
Annual Bill
Savings
Cumulative Bill
Savings
Approximate
Annual Loan
Re-payment
[1] O&M Cost
Annual Net
Benefit
Cumulative
Net Benefit
1 110,000 $34,518 98,337 $28,513 $28,513 $27,188 $500 $825 $826 2 110,000 $35,726 97,845 $29,400 $57,913 $27,188 $500 $1,712 $2,538 3 110,000 $36,977 97,356 $30,312 $88,225 $27,188 $500 $2,624 $5,162 4 110,000 $38,271 96,869 $31,252 $119,477 $27,188 $500 $3,564 $8,726 5 110,000 $39,610 96,385 $32,219 $151,697 $27,188 $500 $4,531 $13,257 6 110,000 $40,997 95,903 $33,216 $184,912 $27,188 $515 $5,513 $18,770 7 110,000 $42,432 95,423 $34,241 $219,154 $27,188 $530 $6,523 $25,293 8 110,000 $43,917 94,946 $35,298 $254,451 $0 $546 $34,752 $60,045 9 110,000 $45,454 94,471 $36,385 $290,836 $0 $563 $35,822 $95,867 10 110,000 $47,045 93,999 $37,505 $328,341 $0 $580 $36,925 $132,792 11 110,000 $48,691 93,529 $38,658 $366,999 $0 $597 $38,061 $170,853 12 110,000 $50,396 93,061 $39,845 $406,844 $0 $615 $39,230 $210,083 13 110,000 $52,159 92,596 $41,067 $447,911 $0 $633 $40,434 $250,517 14 110,000 $53,985 92,133 $42,326 $490,237 $0 $652 $41,674 $292,191 15 110,000 $55,874 91,672 $43,622 $533,859 $0 $672 $42,950 $335,141 16 110,000 $57,830 91,214 $44,957 $578,815 $0 $692 $44,265 $379,406 17 110,000 $59,854 90,758 $46,331 $625,146 $0 $713 $45,618 $425,024 18 110,000 $61,949 90,304 $47,746 $672,892 $0 $734 $47,012 $472,036 19 110,000 $64,117 89,853 $49,203 $722,095 $0 $756 $48,447 $520,483 20 110,000 $66,361 89,403 $50,703 $772,798 $0 $779 $49,924 $570,407 Total 2,200,000 $976,164 1,876,056 $772,798 $190,314 $12,078 $570,406 [1] As calculated by ARC Alternatives, final loan repayment amounts schedule will be based loan approval by CEC and the City staff 7 Year Term, 5% Utility Escalation Year
Base Annual
Use
Base Annual
Cost
Solar
Production
Annual Bill
Savings
Cumulative Bill
Savings
Approximate
Annual Loan
Re-payment
[1] O&M Cost
Annual Net
Benefit
Cumulative
Net Benefit
1 110,000 $34,518 98,337 $28,513 $28,513 $27,188 $500 $825 $826 2 110,000 $36,244 97,845 $29,796 $58,309 $27,188 $500 $2,108 $2,934 3 110,000 $38,056 97,356 $31,137 $89,446 $27,188 $500 $3,449 $6,383 4 110,000 $39,959 96,869 $32,538 $121,984 $27,188 $500 $4,850 $11,233 5 110,000 $41,957 96,385 $34,002 $155,986 $27,188 $500 $6,314 $17,547 6 110,000 $44,055 95,903 $35,532 $191,519 $27,188 $515 $7,829 $25,377 7 110,000 $46,257 95,423 $37,131 $228,650 $27,188 $530 $9,413 $34,790 8 110,000 $48,570 94,946 $38,802 $267,452 $0 $546 $38,256 $73,046 9 110,000 $50,999 94,471 $40,548 $308,001 $0 $563 $39,985 $113,032 10 110,000 $53,549 93,999 $42,373 $350,374 $0 $580 $41,793 $154,825 11 110,000 $56,226 93,529 $44,280 $394,654 $0 $597 $43,683 $198,508 12 110,000 $59,037 93,061 $46,272 $440,926 $0 $615 $45,657 $244,165 13 110,000 $61,989 92,596 $48,355 $489,281 $0 $633 $47,722 $291,887 14 110,000 $65,089 92,133 $50,531 $539,811 $0 $652 $49,879 $341,765 15 110,000 $68,343 91,672 $52,805 $592,616 $0 $672 $52,133 $393,898 16 110,000 $71,760 91,214 $55,181 $647,796 $0 $692 $54,489 $448,386 17 110,000 $75,348 90,758 $57,664 $705,460 $0 $713 $56,951 $505,337 18 110,000 $79,116 90,304 $60,259 $765,719 $0 $734 $59,525 $564,862 19 110,000 $83,072 89,853 $62,970 $828,689 $0 $756 $62,214 $627,076 20 110,000 $87,225 89,403 $65,804 $894,493 $0 $779 $65,025 $692,101 Total 2,200,000 $1,106,853 1,876,056 $894,493 $190,314 $12,078 $692,100 [1] As calculated by ARC Alternatives, final loan repayment amounts schedule will be based loan approval by CEC and the City staff 7 Year Term, 2.5% Utility Escalation Year
Base Annual
Use
Base Annual
Cost
Solar
Production
Annual Bill
Savings
Cumulative Bill
Savings
Approximate
Annual Loan
Re-payment
[1] O&M Cost
Annual Net
Benefit
Cumulative
Net Benefit
1 110,000 $34,518 98,337 $28,513 $28,513 $27,188 $500 $825 $826 2 110,000 $35,381 97,845 $29,083 $57,596 $27,188 $500 $1,395 $2,221 3 110,000 $36,265 97,356 $29,665 $87,261 $27,188 $500 $1,977 $4,198 4 110,000 $37,172 96,869 $30,258 $117,519 $27,188 $500 $2,570 $6,768 5 110,000 $38,101 96,385 $30,863 $148,383 $27,188 $500 $3,175 $9,944 6 110,000 $39,054 95,903 $31,481 $179,863 $27,188 $515 $3,778 $13,721 7 110,000 $40,030 95,423 $32,110 $211,974 $27,188 $530 $4,392 $18,114 8 110,000 $41,031 94,946 $32,752 $244,726 $0 $546 $32,206 $50,320 9 110,000 $42,057 94,471 $33,408 $278,134 $0 $563 $32,845 $83,165 10 110,000 $43,108 93,999 $34,076 $312,209 $0 $580 $33,496 $116,660 11 110,000 $44,186 93,529 $34,757 $346,967 $0 $597 $34,160 $150,821 12 110,000 $45,291 93,061 $35,452 $382,419 $0 $615 $34,837 $185,658 13 110,000 $46,423 92,596 $36,161 $418,580 $0 $633 $35,528 $221,186 14 110,000 $47,583 92,133 $36,885 $455,465 $0 $652 $36,233 $257,419 15 110,000 $48,773 91,672 $37,622 $493,087 $0 $672 $36,950 $294,369 16 110,000 $49,992 91,214 $38,375 $531,462 $0 $692 $37,683 $332,052 17 110,000 $51,242 90,758 $39,142 $570,604 $0 $713 $38,429 $370,481 18 110,000 $52,523 90,304 $39,925 $610,529 $0 $734 $39,191 $409,672 19 110,000 $53,836 89,853 $40,724 $651,253 $0 $756 $39,968 $449,640 20 110,000 $55,182 89,403 $41,538 $692,791 $0 $779 $40,759 $490,399 Total 2,200,000 $847,232 1,876,056 $692,791 $190,314 $12,078 $490,398 [1] As calculated by ARC Alternatives, final loan repayment amounts schedule will be based loan approval by CEC and the City staff $570,407
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Cumulative Net Benefit
7 Year Term, 3.5% Utility Escalation 7 Year Term, 5% Utility Escalation 7 Year Term, 2.5% Utility Escalation

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-Aii

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM DAVID PETERS, City Engineer

SUBJECT
Median treatment to the State Route 99 improvement project.

RECOMMENDATION
No action.

BACKGROUND
Caltrans is currently constructing an improvement project on State Route 99 from Fowler to Selma to add additional lanes to the freeway. The project will construct a concrete median barrier in the area currently occupied by oleanders to accommodate the additional lane. The project will cost $67M and will be completed by Fall 2023.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
None. The median treatments would be paid for as part of the Caltrans project.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Median barrier treatment design

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-Ci

REPORT TO THE CITY COUNCIL
June 21, 2022
FROM THOMAS W. GAFFERY IV, Community Development Director

SUBJECT
INTRODUCTION of an Ordinance amending Title 3, Chapter 1, of the Fowler Municipal Code regarding business licenses

RECOMMENDATION
Staff recommend the City Council hear the introduction of an Ordinance amending Title 3, Chapter 1, of the Fowler Municipal Code regarding business licenses

BACKGROUND
The current sections of the Fowler Municipal Code related to business licenses need revisions for clarity, simplicity, and compliance with State Law. In addition, the fee structure for business licenses is incomplete and confusing.

The proposed amendment include:
• Clarified definitions, removal of redundancies, simplification to ease readability; and • Brings the Code for exempt business licenses into consistency with State Law; and • Delegates the business license responsibilities to the City Manager or designee to align the Code with current practice; and
• Transitions the few quarterly business licenses to annual business licenses, for consistency; and • Makes the appeal process consistent with other parts of the Code; and • Transitions the business license fees to adoption by resolution as opposed to ordinance, for consistence with other City fee adoption practices.

Introduction of an Ordinance amending Title 3, Chapter 1, of the Fowler Municipal Code June 21, 2022

After adoption of this ordinance, staff will bring forward a resolution adopting the business license fees.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Staff do not anticipate any fiscal impact due to this ordinance.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Ordinance 2022-04

ORDINANCE 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING TITLE 3, CHAPTER 1, OF THE FOWLER MUNICIPAL CODE REGARDING

BUSINESS LICENSES
WHEREAS, the licensing of businesses within the City of Fowler is authorized by State Law; and
WHEREAS, revisions to the Fowler Municipal Code are necessary for clarity, simplicity, and compliance with State Law; and
WHEREAS, the fees structure for business licenses is currently incomplete and confusing; and
WHEREAS, successful business activity is essential for a thriving community.

THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS:

SECTION 1: Title 3, Chapter 1 of the Fowler Municipal Code is hereby amended to read:

Article 1. - General Provisions
3-1.101 - Licenses required.

For the purpose of raising revenue for the City, every person conducting, carrying on, or engaging in any business within the City shall pay a fee to the City as set forth in this chapter.
"Person" shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock companies or corporations, partnerships, clubs, Massachusetts business or common law trusts, societies, and individuals. "Business" shall mean and include all professions, trades, occupations, and all and every kind of endeavor or calling carried on for profit or livelihood.

"Amusement machine" shall mean a mechanical, electric, electronic, or video machine used for a person's enjoyment.
“City Manager” shall mean the City Manager for the City of Fowler, or a designee.

The provisions of this chapter are enacted to raise revenue and for the regulation of certain businesses as provided in this chapter
3-1.103 - Applications.

Every person required to have a license under this chapter shall make an application with all the information necessary therefor to the City Clerk. In addition, every person requesting a license to sell concealable firearms shall also make an application with all the information necessary therefor to the Fowler Police Department. 3-1.104 - License form and issuance.

Upon a due submission of an application and the payment of the prescribed license fees, the City Clerk Manager or designee shall issue a license which shall contain:
(a) The name of the person to whom the license is issued; (b) The business licensed;
(c) The place where such business is to be transacted and carried on; (d) The date of the expiration of such license;
(e) The statement "This license is issued without verification that the licensee is subject to or exempt from licensing by the State of California"; and

(f) Such other information as may be necessary for the enforcement of the provisions of this chapter.
3-1.107 - Renewal.

Repealed in its entirety. In all cases the applicant for the renewal of the license required by the provisions of this chapter shall submit to the City Clerk, for the guidance of the City Clerk in ascertaining the amount of the license fee to be paid by the applicant, a written statement, upon a form provided by the City Clerk, sworn to before a person authorized to administer oaths, setting forth such information concerning the business of the applicant during the next preceding year or quarter as may be required by the City Clerk to enable the City Clerk to ascertain the amount of the license fee to be paid by the applicant pursuant to the provisions of this chapter. No renewal license shall be issued unless all prior license fees due from such person or business shall have first been paid. 3-1.108 - Duplicate licenses.

Repealed in its entirety. A duplicate license may be issued by the City Clerk to replace any license previously issued pursuant to the provisions of this chapter, which license has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact and paying to the City Clerk a duplicate license fee as established by Council resolution. 3-1.109- Posting of licenses.
(a) All licenses issued pursuant to the provisions of this chapter shall be posted and kept in the following manner:

(1) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a convenient and conspicuous place upon the premises where such business is carried on. (2) Any licensee transacting arid carrying on a business, but not operating at a fixed place of business in the City, shall keep the license upon his their person at all times while transacting and carrying on such business. (b) Failure to display. It is unlawful for any person who willfully fails to exhibit a business license certificate issued in accordance with this chapter, upon demand from any City official. Violation of this provision is subject to the penalty provisions of this chapter.
3-1.110 - Statements: Effect and confidentiality.
(a) If any person required to file a statement by this chapter fails to do so, such person shall be required to pay a license fee at the maximum rate prescribed in this chapter for such business and shall be guilty of a violation of this chapter as provided in this chapter.
(b) No statement required by this chapter shall be conclusive upon the City or its officers as to matters set forth therein; nor shall the filing thereof preclude the City from auditing or collecting such sums as are actually due and payable pursuant to the provisions of this chapter.
(c) All personal information or personal finance data provided to the City statements filed pursuant to this chapter shall be and remain confidential in nature and not subject to public inspection. The City Clerk shall retain custody thereof, and the

same shall not be disclosed to other officials except in the performance of their duties under this chapter.
3-1.111 - Statements: Failure to file, determination of fees, notices, and hearings. (a) Failure to file or correct: Determinations. If any person shall fail to file any required statement within the time prescribed, or if, after demand therefor made by the City Manager Clerk, any person shall fail to file a corrected statement, the City Manager Clerk may determine the amount of license fee due from such person by means of such information as the City Manager Clerk may be able to obtain.
(b) Determinations: Notices. If such a determination is made, the City Manager Clerk shall give a notice of the amount so assessed by serving the notice personally or by depositing the notice in the United States Post Office at Fowler, California, postage prepaid, addressed to the person so assessed at his their last known address.
(c) Hearings: Applications. Such person, within ten (10) days after the mailing observing of such notice, may make an application in writing to the City Manager Clerk for a hearing on the amount of the license fee. If such an application is not made within the time prescribed, the City Manager Clerk shall cause the matter to be set for a hearing before the Council within fifteen (15) days. (d) Hearings: Notices. The City Manager Clerk shall give at least ten (10) days' notice to such person of the time and place of the hearing in the manner set forth in this section for the service of notices of assessment.

(e) Hearings: Findings. The Council shall consider all evidence produced and shall make written notice of its findings thereon, which shall be final. (f) Findings: Notices. A notice of such findings shall be served upon the applicant in the manner set forth in this section for the service of notices of assessment. 3-1.112 - Statements: Extensions.

The City Manager Clerk shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days and in such case to waive any penalty which would otherwise have accrued. The City Manager Clerk shall have the further power, with the consent of the Council, to compromise any claim as to the amount of the license fee due.
3-1.113 - Business records.

All persons doing business within the City shall at all times maintain and keep such books or reports as will enable them to easily and readily furnish such information to the City Clerk as required in order to enforce and collect the license fees required to be paid pursuant to the provisions of this chapter.
3-1.115 - Fees: Due dates.

All license fees required by the provisions of this chapter shall be payable in advance. as follows:
(a) Annual license fees, on January 1 of each year.;

(b) Quarterly license fees, on January 1, April 1, July 1, and October 1 of each year; and
(c) (b) Daily license fees, each day in advance.

All license fees shall be payable in advance on the due date, in lawful money of the United States, at the office of the City Clerk.
3-1.116 - Delinquencies: Penalties.
(a) Annual license fees. Every annual license fee which is not paid within a period of thirty (30) days after its due date the time such annual license fee becomes due and payable shall be subject to declared to be delinquent, and the City Clerk shall thereupon add to such license fee and collect a penalty fee of ten (10%) percent of the license fee so delinquent as set by Council Resolution. If such license fee is not paid within sixty (60) days after its due date the time such license fee becomes due and payable, an additional sum of fifteen (15%) percent of such license fee shall be added to such license fee and collected as a penalty fee shall be collected as set by Council Resolution.
(b) Repealed in its entirety. Quarterly license fees. Every quarterly license fee which is not paid within a period of ten (10) days after the time such license fee becomes due and payable shall be declared to be delinquent, and the City Clerk shall thereupon add to such license fee and collect a penalty of ten (10%) percent of the license fee so delinquent. If such license fee is not paid within twenty (20) days after the time such license fee becomes due and payable, an additional sum of

fifteen (15%) percent of such license fee shall be added to such license fee and collected as a penalty.
(c) Daily license fees. Every daily license fee which is not paid at the close of business on the day such license fee was due shall be subject to a penalty fee as set by Council Resolution and payable shall be declared to be delinquent, and the City Clerk shall thereupon add to such license fee and collect a penalty of ten (10%) percent of such fee so delinquent. If such license fee is not paid within two (2) days after the time such license fee becomes due and payable, an additional sum of fifteen (15%) percent of such license fee shall be added to such license fee and collected as a penalty.
3-1.117 - Collection and attorneys' fees.

The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the City. It shall be unlawful for any Any person carrying on any business without first having procured a license from the City. so to To do shall make the business owner be liable to an action in the name of the City in any court of competent jurisdiction for the amount of the license fee and penalties imposed on such business pursuant to this chapter. In addition, there shall be imposed the costs of collection, including reasonable attorney fees to the prevailing party, in any such action. 3-1.119 - Enforcement.
(a) Duties of the City Manager Clerk and Chief of Police. It shall be the duty of the City Clerk Manager to enforce each and all of the provisions of this chapter. The City Manager shall have the authority to delegate all provisions of this chapter to

appropriate staff., and the Chief of Police shall render such assistance in such enforcement as from time to time may be required by the City Clerk and/or the Council.
(b) Inspections. The City Manager Clerk, in the exercise of the duties imposed upon him by the provisions of this section, and acting through his deputies or duly authorized assistants, shall examine, or cause to be examined, all places of business in the City to ascertain whether the provisions of this chapter are being complied with.
(c) Right of entry. The City Clerk and each and all of his assistants, and any police officer, shall have the power and authority to enter, free of charge, and at any reasonable rime time, any place of business required by the provisions of this chapter to be licensed and demand an exhibition of the license certificate. (d) Repealed in its entirety. Failure to comply. Any person having such license certificate theretofore issued in his possession or tinder his control, and who willfully fails to exhibit such license upon demand, shall be guilty of a misdemeanor and subject to the penalty provisions of this chapter. It shall be the duty of the City Clerk and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of the provisions of this chapter.
3-1.120 - Unlisted businesses: Minimum license fees.
(a) Any business which is not specifically listed by this chapter may be assessed a fee established for a similar type of business which is listed in this chapter. The City

Manager Clerk shall make the determination, subject to appeal to the Council as provided in this article.
(b) If any business is unlisted and cannot be reasonably classified as set forth in subsection (a) of this section, then such business shall pay a minimum license fee as established by resolution.
3-1.121 - Appeals.
(a) Filing. Any person aggrieved by any decision of an administrative officer or agency a City official or employee with respect to the issuance or refusal to issue the license approval, denial, revocation, or suspension of a business license as required by the provisions of this chapter, may appeal to this decision in accordance with the procedures set forth in Fowler Municipal Code section 5-

22.201, et seq. the Council by filing a notice of appeal with the City Clerk. (b) Repealed in its entirety. Hearings: Time: Place. The Council shall thereupon fix a time and place for hearing such appeal.
(c) Repealed in its entirety. Hearings: Notices. The City Clerk shall give a notice to such person of the time and place of the hearing by serving such notice personally or by depositing it in the United States Post Office at Fowler, California, postage prepaid, addressed to such person at his last known address.

Article 2. - Exemptions and Apportionment
3-1.201 - Exemptions: Charitable, religious, and educational activities. (a) Authorized. The provisions of this chapter shall not apply to any not-for-profit organization as described by California Business and Professions Code section

16000, subdivision (b). be deemed or construed to require the payment of a license fee to conduct, manage, or carry on any business, occupation, or activity by any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes, or from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; nor shall any license fee be required for the conduct of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the City whenever the receipts from such entertainment, concert, exhibition, or lecture are to be appropriated to any church, or school, or for any religious or benevolent purpose; nor shall any license fee be required for the conduct of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, State, County, or municipal organization or association whenever the receipts from such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; provided, however, the provisions of this section shall not be deemed to exempt any such organization or association from complying with the provisions of any law of the City requiring a permit from the Council or any commission or officer to conduct, manage, or carry on any profession, trade, calling, or occupation. (b) Verified statements: Filing. Any person claiming an exemption pursuant to the provisions of this section shall file a verified statement with the City Clerk stating the facts upon which the exemption is claimed.

(c) Exempt licenses: Issuance. The City Clerk, upon a proper showing contained in the verified statement, shall issue a license to such person claiming an exemption pursuant to the provisions of this section without the payment to the City of the license fee required by the provisions of this chapter. (d) Exempt licenses: Revocation. The City Clerk may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption.
3-1.202- Exemptions: Disabled vVeterans.
(a) Authorized. Every honorably discharged soldier, sailor, marine, or coastguardsman of the United States, who is unable to earn a livelihood by manual labor, shall have the right to hawk, peddle, or vend goods, wares, and merchandise, except spirituous liquors, malt, vinous, or other intoxicating liquors, without the payment of any license fee whatsoever, and it is hereby made the duty of the City Clerk to issue a license therefor to such honorably discharged soldier, sailor, marine, or coastguardsman upon his producing his discharge and making proof of his disability. The provisions of this chapter shall not apply to any honorably discharged and/or disabled veteran as described by Business and Professions Code section 16001, 16001.5, 16001.7, and 16001.8, except for businesses involved in the sale of alcohol or tobacco products. (b) Verified statements: Filing. Any person claiming an exemption pursuant to the provisions of this section shall file a verified statement with the City Clerk stating the facts upon which the exemption is claimed.

(c) Exempt licenses: Issuance. The City Clerk, upon a proper showing contained in the verified statement, shall issue a license to such person claiming an exemption pursuant to the provisions of this section without the payment to the City of the license fee required by the provisions of this chapter. (d) Exempt licenses: Revocation. The City Clerk may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption.
3-1.203 - Exemptions: Federal and State law exemptions. (a) Authorized. The provisions of this chapter shall not be deemed or construed to apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or the State from the payment to municipal corporations of such taxes as are set forth in this chapter. (b) Verified statements: Filing. Any person claiming an exemption pursuant to the provisions of this section shall file a verified statement with the City Clerk stating the facts upon which the exemption is claimed.
(c) Exempt licenses: Issuance. The City Clerk, upon a proper showing contained in the verified statement, shall issue a license to such person claiming an exemption pursuant to the provisions of this section without the payment to the City of the license fee required by the provisions of this chapter. (d) Exempt licenses: Revocation. The City Clerk may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption.

3-1.204 - Exemptions: Interstate and intercity apportionments. (a) None of the fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate or intercity commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the State.
(b) When, by reason of the provisions of the Constitution of the United States or the Constitution of the State, the fees imposed by this chapter cannot be enforced without there being an apportionment according to the amount of business transacted and carried on in the City, the City Clerk may make such apportionment of the fee as is necessary or desirable to overcome the constitutional objections.
(c) In any case where a fee is believed by a certificate holder or an applicant for a certificate to place an undue burden upon interstate or intercity commerce or be violative of such constitutional clauses, he they may apply to the City Clerk for an adjustment of the fee. Such application may be made before, at, or within six (6) months after the payment of the prescribed fee. The applicant, by sworn statement and supporting testimony, shall show his method of business, the gross volume, or estimated gross volume, of business, and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden or violation. The City Clerk shall then conduct an investigation and, after having first obtained the written approval of the City Attorney, shall fix as the fee for the applicant an amount that is reasonable and nondiscriminatory or, if the fee

has already been paid, shall order a refund of the amount over and above the fee so fixed.

Article 3. - Fees Based on Gross Receipts
3-1.303 - Amounts due and businesses required to pay license fees based upon gross receipts.

Those businesses named in this article, or as identified and set forth by resolution of the Council, shall pay license fees in the amounts and pursuant to the provisions of this article as established by resolution of the Council. Those businesses named identified in this section, shall pay license fees based on gross receipts in the amounts, and pursuant to the provisions of this article as established by resolution of the Council. The only businesses subject to payment of license fees based upon gross receipts shall be:
(a) Laundry Equipment. Any business that is limited exclusively to renting, leasing, or operating laundry equipment, whether or not coin operated. This section shall not apply to coin-operated laundry equipment owned and operated by a retail establishment providing coin-operated laundry equipment for general use. (b) Coin-operated vending machines. Any business that is limited exclusively to renting, leasing, or operating coin-operated vending machines. 3-1.304 - Coin-operated vending machines.

Repealed in its entirety. The annual license fee for operating, maintaining, servicing, and furnishing all coin-operated vending machines shall be based on the entire gross receipts which are received from such activities conducted within the City.

One license may be issued to a business having several machines in different locations.

The license may be revoked as provided in this chapter upon the licensee's failure to provide adequate financial data upon which to determine the fees due.

Article 4. - Flat Rate Fees
3-1.401 - Enumerated.

Those businesses named in this article, or as identified and set forth by resolution of the Council, shall pay license fees based upon flat rates as Business license fees shall be established by resolution of the Council.

Annual Fee Retail Sales
$ 40.00 Air-conditioning sales and service

40.00 Appliance sales and service
140.00 Automobiles, new and used

40.00 Auto parts and accessories

40.00 Children's wear

40.00 Department and variety stores

40.00 Drapery shops

40.00 Equipment rentals

40.00 Farmer's co-ops

40.00 Farm equipment dealers

40.00 Feed, fuel, and ice dealers

40.00 Florists

40.00 Furniture stores, new and used

60.00 Hardware stores

40.00 Hobby shops

60.00 Jewelry stores

40.00 Liquor stores
120.00 Lumber companies

40.00 Men's and women's apparel, new and used

40.00 Motorcycle sales and repair

40.00 Nursery and garden supply

40.00 Paint, glass, and wallpaper stores

40.00 Pawnbrokers

40.00 Pet shops and grooming

40.00 Pump sales and repair

40.00 Radio and television sales

40.00 Rubber stamp stores

40.00 Service stations

40.00 Shoe stores

40.00 Sporting goods

40.00 Stained glass windows, lamps, and the like

40.00 Stamp and/or coin shops

40.00 Stationery and book stores

40.00 Tire sales and/or recapping

40.00 Tobacco shops, periodicals and magazines

40.00 Toy stores

40.00 Tractor sales and service

40.00 Trailer sales

40.00 Thrift shops

40.00 Video sales and rentals
Annual Fee Public Services
$ 40.00 Advertising counsel

40.00 Answering service

40.00 Barber and/or beauty salons
120.00 Billboard advertising

40.00 Collection agencies

40.00 Credit bureaus

40.00 Designers

40.00 Duplicating and/or mimeographing service

40.00 Funeral escort service

40.00 Furniture movers

40.00 Garage storage

40.00 Gymnasiums, health clubs, and/or spas

40.00 House moving

40.00 Income tax preparation

40.00 Interior decorators

40.00 Junk dealers

40.00 Landscape gardeners and/or architects

40.00 Laundromats, coin-operated

40.00 Laundry and/or dry cleaners

40.00 Locksmiths and keymakers

40.00 Newspaper publishers and printers

40.00 Public stenographers

40.00 Pest exterminators

40.00 Public scales

40.00 Sales promotion service

40.00 Sanitation companies and/or garbage collectors

40.00 Shoe shining

40.00 Studio photographers

40.00 Taxicabs and/or transit service

40.00 Taxidermists

40.00 Towing service

40.00 Telephone service

40.00 Travel agencies

40.00 Tree spraying service

40.00 Tree trimming and/or surgery

40.00 Trucking and hauling

40.00 Upholstery shops

40.00 Warehouse storage

40.00 Water softening service

40.00 Yard maintenance
Annual Fee Repair Services
$ 40.00 Automobile, truck, and/or tractor repair

40.00 Automobile wrecking

40.00 Bicycle repair

40.00 Boat repair

40.00 Electrical

40.00 Electroplating

40.00 Glass repair

40.00 Harness shops

40.00 Motorcycle repair

40.00 Plumbing and heating

40.00 Pump repair

40.00 Shoe repair
Annual Fee Training Facilities
$ 40.00 Barber schools

40.00 Beauty and/or cosmetology schools

40.00 Dancing schools

40.00 Music studios and/or instruction

40.00 Preschool nurseries
Annual Fee Medical Services
$ 40.00 Bacteriologists

40.00 Chemists or pharmacists

40.00 Chiropractors and/or osteopaths

40.00 Dental technicians

40.00 Dentists

40.00 Doctors of medicine or surgery
120.00 Hospitals

40.00 Nursing and convalescent homes

40.00 Oculists

40.00 Opticians

40.00 Optometrists

40.00 Radiologists

40.00 Retirement homes

40.00 X-ray technicians

40.00 Veterinarians
Annual Fee Professional Services
$ 40.00 Accountants

40.00 Appraisers

40.00 Architects

40.00 Assayers

40.00 Attorneys

40.00 Court reporters and/or public stenographers

40.00 Draftsmen
$ 40.00 Engineers, civil, mechanical, and the like

40.00 Funeral directors

40.00 Geologists

40.00 Insurance brokers

40.00 Private investigators and adjustors

40.00 Money lenders and/or brokers

40.00 Real estate brokers

40.00 Stock brokers

40.00 Surveyors
Annual Fee Commodity Processing
$120.00 Canneries
120.00 Cold storage lockers
120.00 Cotton gin compresses

40.00 Creameries and/or dairies
120.00 Frozen food processors
120.00 Fruit and produce brokers

40.00 Hatcheries

40.00 Honey processing

40.00 Paper converting
120.00 Poultry and/or meat processing and meat packers
120.00 Processing, storage, packing, and shipping plants Annual Fee Manufacturing
$ 120.00 Concrete pipe
120.00 Fabrication and/or assembly plants
Annual Fee Maintenance Services
$ 40.00 Car washes

40.00 Janitorial service

40.00 Towels, rugs, linens, and uniform service
Annual Fee Construction Services
$ 60.00 Building contractors

40.00 Cabinet shops

60.00 Concrete aggregate

60.00 Construction

60.00 Fire protection and/or sprinkler systems

40.00 Laminators
Annual Fee Food Outlets
$ 40.00 Bakeries

40.00 Bars

40.00 Coffee shops

40.00 Confectioneries

40.00 Food and beverage caterers

40.00 Convenience stores, groceries, supermarkets, and the like

40.00 Meat markets

40.00 Milk depots

40.00 Restaurants

40.00 Soft drink stands and/or drive-ins

40.00 Specialty foods
Annual Fee Delivery Service from Outside the City Limits $ 20.00 Once per week or less

40.00 Twice per week or less

60.00 More than twice per week
Daily Fee Entertainment
$ 10.00 Theatrical and/or musical productions

10.00 Shooting galleries

10.00 Merry-go-rounds and similar riding devices

10.00 Boxing and wrestling matches and exhibitions

10.00 Circuses and carnivals
120.00 Movie theaters

60.00 Bowling alleys

60.00 Billiards and/or pool halls
Solicitors and Peddlers
The following categories shall be charged Ten and no/100ths ($10.00) Dollars per day for each person involved with direct contact of the public:

Itinerant vendors
Magazine sales (permitted in nonresidential areas only) Transient photographers
Handbill distribution
Gifts and Novelties
The following categories shall be charged Ten and no/100ths ($10.00) Dollars per day for each person involved with direct contact of the public:

Parade vendors

Annual Fee Door-To-Door Sales (on a regular basis)
$ 40.00 Amway sales

40.00 Cosmetic sales

40.00 Household commodities
Quarterly Fee Seasonal Businesses
$ 25.00 Christmas tree sales

25.00 Fireworks sales

10.00 Ice cream trucks
Annual Fee Miscellaneous
$ 300.00 Fortune telling, palmistry, clairvoyants, mediums, astrologers, and street fakirs

40.00 Drugless practitioners

40.00 Arts and crafts shows and boutiques

40.00 Party service
120.00 Swap meets
No charge Yard sales (no more than two (2) per year)
3-1.402 - Amusement machines and jukeboxes.

Repealed in its entirety.
(a) "Amusement machine" shall mean a mechanical, electric, electronic, or video machine used for a person's enjoyment.
(b) "Jukebox" shall mean a mechanical or electrical machine which plays tapes or records for a person's listening enjoyment.
(c) The license fee for each such machine, whether, kept or placed in connection with another business, shall be established by resolution.

Article 6. - Violations: Penalties
3-1.602 - Penalties.

Any person violating any of the provisions of this chapter, or knowingly or and intentionally misrepresenting to any officer or employee of the City any material fact in procuring the license or permit provided for by this chapter, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

SECTION 2. The City Council has determined that the Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within 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 City 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.

The foregoing ordinance was introduced at a regular meeting of the City Council held on ____________________, 2022, and was adopted at a regular meeting of said Council held on ____________________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Mark Rodriquez, Mayor Pro-Tem
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk