SPECIAL MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, NOVEMBER 15, 2022
6:00 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/82483552745?pwd=aDdmZWpwaHdRMzV6M1lOOThkaDdmQT09 Telephone Number: (253) 215-8782
Meeting ID: 824 8355 2745
Passcode: 754870
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. 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.
6. 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.
6-A. RATIFY Warrants for November 15, 2022
6-B. APPROVE Minutes of the November 1, 2022 City Council Meeting 6-C. APPROVE Resolution No. 2607, A Resolution of the City Council of the City of Fowler Authorizing Remote Teleconferencing for City Council Meetings and
Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 (AB 361) (City Attorney)
6-D. APPROVE Resolution No. 2608 Authorizing the City Manager to execute documents related to the City of Fowler Permanent Local Housing Allocation (PLHA) Grant Application and Award (Planning)
6-E. APPROVE disposal of two inoperable vehicles within the Public Works Department (Finance)
6-F. Actions pertaining to the purchase and upfitting of one replacement Police Department patrol vehicle from insurance proceeds (Police) The purchase and upfitting cost for the replacement vehicle include the following:
1. AUTHORIZE the Chief of Police to enter into agreement with 72 Hour LLC dba National Auto Fleet Group (72 Hour) National Auto Fleet group in the amount of $48,322.67 for the purchase of one 2022 Dodge Durango Pursuit V-8 AWD police vehicle
2. AUTHORIZE the Chief of Police to enter into an agreement with LEHR Auto Electric in an amount not to exceed $22,000 for the upfitting of one 2022 Dodge Durango Pursuit V-8 AWD police vehicles
6-G. Actions pertaining to Fresno Council of Governments (COG) 2023 Cycle 6 Regional Active Transportation Program (ATP):
1. APPROVE Resolution No. 2609 Supporting the West Side Alternative Transportation Grant and Authorizing the City Manager to execute documents related to the Fresno Council of Governments Cycle 6 Regional Active Transportation Program Grant Application
2. APPROVE Resolution No. 2610 Supporting the Fremont
Elementary/Marshall Elementary/Fowler High School Safe Routes to School Grant and Authorizing the City Manager to execute documents related to the Fresno Council of Governments Cycle 6 Regional Active Transportation Program Grant Application
7. Contested Consent Calendar - Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.
8. General Administration
8-A. City Attorney
i. Discuss and Provide Direction on a Potential Card Room and Gaming Club (Card Room) Ordinance
9. Staff Communications (City Manager)
10. Councilmember Reports and Comments
11. Adjourn
Next Ordinance No. 2022-09
Next Resolution No. 2611
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 Thursday, November 10, 2022.
Angela Vasquez
Angela Vasquez
Deputy City Clerk
CHECK NUMBERS CHECK DATES AMOUNT
ACCOUNTS PAYABLE CHECKS
Regular checks 40394-40482 November 2 thru November 9 $ 897,313.79 TOTAL ACCOUNTS PAYABLE CHECKS $ 897,313.79
PAYROLL COSTS
TOTAL PAYROLL COSTS $ -
TOTAL CASH DISBURSEMENTS $ 897,313.79
NOTE:
Check #40363 Void checkCheck #40409 Void check
CITY OF FOWLER
WARRANTS LIST
November 15, 2022
6-A
SUPERION PAGE NUMBER: 1
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40394 11/02/22 14739 ALCANTER, LINDA 500 UB REFUND 0.00 0.10 1001 40395 11/02/22 14519 AMAZON CAPITAL SERVICES 6025 SUPPLIES CTY CLRK 0.00 24.36 1001 40395 11/02/22 14519 AMAZON CAPITAL SERVICES 6010 TRUNK OR TREAT 0.00 47.92 1001 40395 11/02/22 14519 AMAZON CAPITAL SERVICES 6200 SUPPLIES STREET TRUCK 0.00 135.23 TOTAL CHECK 0.00 207.51
1001 40396 11/02/22 14614 ANTHONY ARANDA 6200 REIMB ARANDA CANDY 0.00 86.82 1001 40397 11/02/22 10549 AT&T MOBILITY 6120 INTERSTATE 0.00 914.89 1001 40398 11/02/22 14330 B&P PEST PROS 6020 PEST CONTROL 10/27/22 0.00 90.00 1001 40398 11/02/22 14330 B&P PEST PROS 6130 PEST CONTROL 10/27/22 0.00 95.00 1001 40398 11/02/22 14330 B&P PEST PROS 6700 PEST CONTROL 10/27/22 0.00 95.00 TOTAL CHECK 0.00 280.00
1001 40399 11/02/22 14743 BARELA, STEVEN 500 UB REFUND 0.00 90.83 1001 40400 11/02/22 12489 BATTERY SYSTEMS INC 6120 BATTERY #50 0.00 163.10 1001 40401 11/02/22 11291 THE BUSINESS JOURNAL 6150 PUB NOT-LANDSC 0.00 151.25 1001 40401 11/02/22 11291 THE BUSINESS JOURNAL 6150 PUB HEAR-P.C. 0.00 316.25 TOTAL CHECK 0.00 467.50
1001 40402 11/02/22 11970 CENTRAL VALLEY TOXICOLOG 6120 ETHYL ALCOHOL 0.00 40.00 1001 40403 11/02/22 14616 CENTURION COIN & EMBLEM 6120 FOPD PINK PATCHES 0.00 416.68 1001 40404 11/02/22 10064 COLONIAL LIFE INSURANCE 100 EMP DED OCT22 0.00 47.42 1001 40404 11/02/22 10064 COLONIAL LIFE INSURANCE 100 EMP DED OCT22 0.00 195.30 TOTAL CHECK 0.00 242.72
1001 40405 11/02/22 14356 COMCAST 6700 CABLE 10/25-11/24 0.00 215.50 1001 40405 11/02/22 14356 COMCAST 6120 COMCAST BUSINESS 0.00 719.35 TOTAL CHECK 0.00 934.85
1001 40406 11/02/22 11226 COMMUNITY MEDICAL CENTER 6120 BLOOD DRAW 0.00 175.00 1001 40407 11/02/22 10124 COUNTY OF FRESNO 6120 DISPATCH SVC OCT 22 0.00 8,740.82 1001 40408 11/02/22 14188 DATA TICKET 6120 CITATION PROCESSING 0.00 281.00 1001 40409 11/02/22 13497 EJM DIGITAL LLC 8500 DENTAL BENEFITS NOV22 0.00 6.56 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6400 DENTAL BENEFITS NOV22 0.00 33.18 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6700 DENTAL BENEFITS NOV22 0.00 33.18 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6025 DENTAL BENEFITS NOV22 0.00 36.50 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6030 DENTAL BENEFITS NOV22 0.00 63.09 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6150 DENTAL BENEFITS NOV22 0.00 86.25 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6020 DENTAL BENEFITS NOV22 0.00 143.98 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6160 DENTAL BENEFITS NOV22 0.00 185.79 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6260 DENTAL BENEFITS NOV22 0.00 199.08 1001 40409 11/02/22 13497 EJM DIGITAL LLC 5000 DENTAL BENEFITS NOV22 0.00 280.66 SUPERION PAGE NUMBER: 2
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6200 DENTAL BENEFITS NOV22 0.00 301.92 1001 40409 11/02/22 13497 EJM DIGITAL LLC 6120 DENTAL BENEFITS NOV22 0.00 852.69 1001 40409 11/02/22 13497 EJM DIGITAL LLC 100 DENTAL BENEFITS NOV22 0.00 1,387.10 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 8500 DENTAL BENEFITS NOV22 0.00 -6.56 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6400 DENTAL BENEFITS NOV22 0.00 -33.18 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6700 DENTAL BENEFITS NOV22 0.00 -33.18 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6025 DENTAL BENEFITS NOV22 0.00 -36.50 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6030 DENTAL BENEFITS NOV22 0.00 -63.09 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6150 DENTAL BENEFITS NOV22 0.00 -86.25 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6020 DENTAL BENEFITS NOV22 0.00 -143.98 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6160 DENTAL BENEFITS NOV22 0.00 -185.79 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6260 DENTAL BENEFITS NOV22 0.00 -199.08 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 5000 DENTAL BENEFITS NOV22 0.00 -280.66 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6200 DENTAL BENEFITS NOV22 0.00 -301.92 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 6120 DENTAL BENEFITS NOV22 0.00 -852.69 1001 40409 V 11/02/22 13497 EJM DIGITAL LLC 100 DENTAL BENEFITS NOV22 0.00 -1,387.10 TOTAL CHECK 0.00 0.00
1001 40410 11/02/22 13678 FEDEX 6120 FEDEX POSTAGE 0.00 24.20 1001 40411 11/02/22 10113 FOWLER ACE HARDWARE 6120 PARK KEYS 0.00 21.56 1001 40411 11/02/22 10113 FOWLER ACE HARDWARE 6120 CORD 0.00 22.48 1001 40411 11/02/22 10113 FOWLER ACE HARDWARE 6120 PADLOCKS 0.00 104.08 TOTAL CHECK 0.00 148.12
1001 40412 11/02/22 14245 FOWLER ACE HARDWARE 6200 STREET SUPPLIES 0.00 655.27 1001 40413 11/02/22 14246 FOWLER ACE HARDWARE 6020 ADMIN SUPPLIES 0.00 107.26 1001 40414 11/02/22 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 594.04 1001 40415 11/02/22 14249 FOWLER ACE HARDWARE 6260 PARKS SUPPLIES 0.00 127.02 1001 40416 11/02/22 14252 FOWLER ACE HARDWARE 6700 FLUSH VALVE 0.00 21.68 1001 40417 11/02/22 10488 FOWLER UNIFIED SCHOOL DI 6120 AUG BILL FUEL 0.00 3,551.61 1001 40417 11/02/22 10488 FOWLER UNIFIED SCHOOL DI 6120 JULY BILL FUEL 0.00 3,582.98 1001 40417 11/02/22 10488 FOWLER UNIFIED SCHOOL DI 6120 SEPT BILL FUEL 0.00 3,715.91 TOTAL CHECK 0.00 10,850.50
1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 248.97 1001 40418 11/02/22 10126 FRESNO COUNTY TAX COLLEC 6020 PROP TAX 22/23 0.00 373.46 TOTAL CHECK 0.00 2,614.19
SUPERION PAGE NUMBER: 3
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40419 11/02/22 10141 H & H TIRE SERVICES #3, 6120 FLAT REPAIR #80 0.00 20.00 1001 40420 11/02/22 13127 HEALTHWISE SERVICES 6120 38 GALLON PHARM 0.00 286.25 1001 40420 11/02/22 13127 HEALTHWISE SERVICES 6120 38 GALLON PHARM 0.00 648.75 TOTAL CHECK 0.00 935.00
1001 40421 11/02/22 11862 YVONNE HERNANDEZ 6400 LIGHTS TRUNK OR TREAT 0.00 70.42 1001 40421 11/02/22 11862 YVONNE HERNANDEZ 6400 HAY TRUNK OR TREAT 0.00 180.75 TOTAL CHECK 0.00 251.17
1001 40422 11/02/22 14671 HERO ALLIANCE 6400 CHRCTR-TRNK OR TREAT 0.00 525.00 1001 40423 11/02/22 14744 HIYAMA, GENE 500 UB REFUND 0.00 73.53 1001 40424 11/02/22 14740 ISABEL FRUTIS 500 UB REFUND 0.00 100.00 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6400 HEALTH BENEFITS NOV22 0.00 768.90 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6700 HEALTH BENEFITS NOV22 0.00 768.90 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6025 HEALTH BENEFITS NOV22 0.00 797.72 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6160 HEALTH BENEFITS NOV22 0.00 1,127.10 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6030 HEALTH BENEFITS NOV22 0.00 1,269.81 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6020 HEALTH BENEFITS NOV22 0.00 1,445.16 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6150 HEALTH BENEFITS NOV22 0.00 1,753.23 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 100 HEALTH BENEFITS NOV22 0.00 2,366.40 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6260 HEALTH BENEFITS NOV22 0.00 2,388.10 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6200 HEALTH BENEFITS NOV22 0.00 4,718.61 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 5000 HEALTH BENEFITS NOV22 0.00 7,087.97 1001 40425 11/02/22 13496 KEENAN & ASSOCIATES 6120 HEALTH BENEFITS NOV22 0.00 11,250.60 TOTAL CHECK 0.00 35,742.50
1001 40426 11/02/22 14485 KOFF & ASSOCIATES, INC. 6020 CLASS & COMP STUDY 0.00 1,560.00 1001 40427 11/02/22 10350 LK DESIGN 6020 WEBSITE 7/1-9/30 0.00 450.00 1001 40428 11/02/22 14750 MATHEW SALAS 6120 REIMB SALAS CANDY 0.00 51.28 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 PATCH, NAMETAPE 0.00 29.37 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 SEWING-SALAS 0.00 69.01 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 BOOTS - MACIAS 0.00 126.36 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORM-SALAS 0.00 180.43 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 ICON PANTS - MACIAS 0.00 185.15 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 ICON PANTS - MACIAS 0.00 185.15 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 BODY ARMOR-SALAS 0.00 1,009.05 1001 40429 11/02/22 10201 METRO UNIFORM & ACCESSOR 6120 BODY ARMOR-YANG 0.00 1,009.05 TOTAL CHECK 0.00 2,793.57
1001 40430 11/02/22 14741 MISKULIN, GREGORY N 500 UB REFUND 0.00 67.67 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 6200 1292 MILLAR 10/27/22 0.00 9.53 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 6200 692 HILL AVE 10/21/22 0.00 13.54 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 2250 MANN/GOLD ST 10/25/22 0.00 15.28 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 2250 MAN/GLDST 10/27/22 0.00 43.84 SUPERION PAGE NUMBER: 4
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 6200 630 W FRESNO 10/21/22 0.00 76.19 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 6200 429 E MERCED10/25/22 0.00 77.09 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 2250 MERCED/8TH10/27/22 0.00 88.73 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 2250 700 MERCED #A10/27/22 0.00 106.76 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 2250 GLDST/MAN SIG10/27/22 0.00 109.64 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 6150 122 S 5TH #A 10/27/22 0.00 169.56 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 5000 325 S 5TH 10/27/22 0.00 259.79 1001 40431 11/02/22 10237 P G & E - SACRAMENTO 6130 220 E MAIN 10/25/22 0.00 640.08 TOTAL CHECK 0.00 1,610.03
1001 40432 11/02/22 10251 R & R AUTO REPAIR SHOP 6120 OIL CHANGE #50 0.00 71.67 1001 40433 11/02/22 14742 RODRIGUEZ, YVONNE 500 UB REFUND 0.00 84.37 1001 40434 11/02/22 10085 STATE OF CA DEPARTMENT O 6120 BAC ANALYSIS-SEP22 0.00 70.00 1001 40435 11/02/22 14735 VALLEY PACIFIC BUILDERS, 7300 PAYMENT #2 SOLAR PROJ 0.00 77,510.26 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 8500 VISION BENEFITS NOV22 0.00 1.76 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6025 VISION BENEFITS NOV22 0.00 4.93 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6400 VISION BENEFITS NOV22 0.00 9.85 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6700 VISION BENEFITS NOV22 0.00 9.85 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6150 VISION BENEFITS NOV22 0.00 12.80 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6030 VISION BENEFITS NOV22 0.00 22.84 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6160 VISION BENEFITS NOV22 0.00 34.46 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6260 VISION BENEFITS NOV22 0.00 49.23 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6020 VISION BENEFITS NOV22 0.00 66.35 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 5000 VISION BENEFITS NOV22 0.00 95.11 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6200 VISION BENEFITS NOV22 0.00 137.83 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 6120 VISION BENEFITS NOV22 0.00 236.31 1001 40436 11/02/22 11335 VISION SERVICE PLAN - (C 100 VISION BENEFITS NOV22 0.00 273.47 TOTAL CHECK 0.00 954.79
1001 40437 11/02/22 13742 YANG, FONG 6120 REIMB YANG CANDY 0.00 190.84 1001 40438 11/02/22 14738 ZERONOX 5000 EC4 EUV-WTR 0.00 11,249.00 1001 40438 11/02/22 14738 ZERONOX 6200 EC4 EUV-ST 0.00 11,249.00 1001 40438 11/02/22 14738 ZERONOX 6200 EC4 EUV-ST 0.00 11,249.00 1001 40438 11/02/22 14738 ZERONOX 5000 TUATARA UTV-WTR 0.00 26,312.00 1001 40438 11/02/22 14738 ZERONOX 6260 TUATARA UTV-PARKS 0.00 26,312.03 TOTAL CHECK 0.00 86,371.03
1001 40440 11/02/22 10488 FOWLER UNIFIED SCHOOL DI 2040 22-23 CONTRIBUTION 0.00 25,000.00 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 8500 DENTAL BENEFITS NOV22 0.00 6.56 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6400 DENTAL BENEFITS NOV22 0.00 33.18 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6700 DENTAL BENEFITS NOV22 0.00 33.18 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6025 DENTAL BENEFITS NOV22 0.00 36.50 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6030 DENTAL BENEFITS NOV22 0.00 63.09 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6150 DENTAL BENEFITS NOV22 0.00 86.25 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6020 DENTAL BENEFITS NOV22 0.00 143.98 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6160 DENTAL BENEFITS NOV22 0.00 185.79 SUPERION PAGE NUMBER: 5
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6260 DENTAL BENEFITS NOV22 0.00 199.08 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 5000 DENTAL BENEFITS NOV22 0.00 280.66 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6200 DENTAL BENEFITS NOV22 0.00 301.92 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 6120 DENTAL BENEFITS NOV22 0.00 852.69 1001 40441 11/02/22 13647 SUN LIFE FINANCIAL 100 DENTAL BENEFITS NOV22 0.00 1,387.10 TOTAL CHECK 0.00 3,609.98
1001 40442 11/09/22 11689 A & C TIRE SERVICE 6200 SVC BACKHOE TIRE 0.00 2,814.76 1001 40443 11/09/22 14519 AMAZON CAPITAL SERVICES 6260 SUPPLIES PARKS 0.00 85.40 1001 40444 11/09/22 10026 BCT CONSULTING 6120 NETWK SVC 11/1/22 0.00 251.25 1001 40444 11/09/22 10026 BCT CONSULTING 5000 NETWK SVC 11/1/22 0.00 251.25 1001 40444 11/09/22 10026 BCT CONSULTING 6030 NETWK SVC 11/1/22 0.00 251.25 1001 40444 11/09/22 10026 BCT CONSULTING 6150 NETWK SVC 11/1/22 0.00 251.25 1001 40444 11/09/22 10026 BCT CONSULTING 6120 NETWK SVC 11/1/22 0.00 391.21 1001 40444 11/09/22 10026 BCT CONSULTING 5000 NETWK SVC 11/1/22 0.00 391.21 1001 40444 11/09/22 10026 BCT CONSULTING 6030 NETWK SVC 11/1/22 0.00 391.21 1001 40444 11/09/22 10026 BCT CONSULTING 6150 NETWK SVC 11/1/22 0.00 391.21 TOTAL CHECK 0.00 2,569.84
1001 40445 11/09/22 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 649.00 1001 40445 11/09/22 10024 BSK ASSOCIATES 5000 WELL 02 TEST 0.00 649.00 1001 40445 11/09/22 10024 BSK ASSOCIATES 5000 WELL 02 0.00 649.00 1001 40445 11/09/22 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 784.00 1001 40445 11/09/22 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 784.00 TOTAL CHECK 0.00 3,515.00
1001 40446 11/09/22 14758 BUSH ENGINEERING INC 2300 FY21/22 ST-VINE &MAIN 0.00 460,980.02 1001 40447 11/09/22 12429 CENTRAL VALLEY AIRLESS I 6200 SERVICE STREETS 0.00 155.92 1001 40448 11/09/22 14131 CENTRAL VALLEY SWEEPING, 2250 STREET SWEEP OCT 22 0.00 3,025.00 1001 40449 11/09/22 14356 COMCAST 6120 COMCAST 10/29-11/28 0.00 67.42 1001 40450 11/09/22 14512 CSG CONSULTANTS 6160 PLAN CHECK-SEPT22 0.00 423.50 1001 40451 11/09/22 14702 DAVE'S AUTO SERVICE 6200 SVC F350 STREET 0.00 120.00 1001 40451 11/09/22 14702 DAVE'S AUTO SERVICE 6200 SVC F350 STREET 0.00 180.00 1001 40451 11/09/22 14702 DAVE'S AUTO SERVICE 6200 SVC F150 STREET 0.00 230.72 1001 40451 11/09/22 14702 DAVE'S AUTO SERVICE 6260 SVC F150 PARKS 0.00 483.52 1001 40451 11/09/22 14702 DAVE'S AUTO SERVICE 6200 SVC F150 STREET 0.00 544.77 TOTAL CHECK 0.00 1,559.01
1001 40452 11/09/22 10087 DEPARTMENT OF TRANSPORTA 6200 2022 JULY-DEC LIGHTS 0.00 282.97 1001 40453 11/09/22 14634 DEWBERRY ARCHITECTS INC 7200 PD SENIOR CTR DESIGN 0.00 8,505.00 1001 40454 11/09/22 14252 FOWLER ACE HARDWARE 6700 FIN CHRGE SNR CTR 0.00 1.52 1001 40454 11/09/22 14252 FOWLER ACE HARDWARE 6700 SENIOR CENTER 0.00 8.21 1001 40454 11/09/22 14252 FOWLER ACE HARDWARE 6400 SESSQ150 0.00 14.06 SUPERION PAGE NUMBER: 6
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40454 11/09/22 14252 FOWLER ACE HARDWARE 6400 SESSQ150 0.00 14.19 1001 40454 11/09/22 14252 FOWLER ACE HARDWARE 6700 SESSQ150 0.00 19.63 1001 40454 11/09/22 14252 FOWLER ACE HARDWARE 6400 SESSQ150 0.00 46.90 TOTAL CHECK 0.00 104.51
1001 40455 11/09/22 10114 FOWLER BUTANE SERVICES 6260 PROPANE 0.00 29.03 1001 40456 11/09/22 10306 FOWLER FLORAL SHOP, THE 6025 BENEFITS DAY 0.00 10.90 1001 40456 11/09/22 10306 FOWLER FLORAL SHOP, THE 6020 FLORAL ARRANGEMENT 0.00 73.02 TOTAL CHECK 0.00 83.92
1001 40457 11/09/22 10104 FPOA 100 EMP DED 10/31/22 0.00 225.00 1001 40458 11/09/22 14757 FRANK KAZARIAN 6080 EAGLE SCOUTS DROP BOX 0.00 500.00 1001 40459 11/09/22 14156 FRESNO ECONOMIC OPPORTUN 6700 SENIOR LUNCH-OCT22 0.00 1,676.34 1001 40460 11/09/22 12567 FRESNO MOBILE RADIO INC 5000 SERVICE OCT22 0.00 240.00 1001 40461 11/09/22 10141 H & H TIRE SERVICES #3, 6120 FLAT REPAIR #30 0.00 20.00 1001 40462 11/09/22 10149 ICMA-RC 457 PLAN 303879 100 EMP DED 10/31/22 0.00 40.00 1001 40463 11/09/22 14238 INFOSEND, INC 6020 CARDROOM 2022 0.00 350.45 1001 40463 11/09/22 14238 INFOSEND, INC 5000 UB BILLING 10/31/22 0.00 1,460.68 TOTAL CHECK 0.00 1,811.13
1001 40464 11/09/22 10458 IRVINE & JACHENS, INC 6120 BADGES GOLD COLOR HD 0.00 577.31 1001 40465 11/09/22 12076 KEY DESIGN LOCKSMITHING 6020 REKEY CH 0.00 343.53 1001 40465 11/09/22 12076 KEY DESIGN LOCKSMITHING 6120 REKEY PD 0.00 806.54 TOTAL CHECK 0.00 1,150.07
1001 40466 11/09/22 14485 KOFF & ASSOCIATES, INC. 6020 CLASS & COMP STUDY 0.00 40.00 1001 40467 11/09/22 10203 MID VALLEY PACKAGING & S 6020 COPY PAPER ADMIN 0.00 144.73 1001 40467 11/09/22 10203 MID VALLEY PACKAGING & S 6130 JANITORIAL SUPP-FIRE 0.00 342.53 1001 40467 11/09/22 10203 MID VALLEY PACKAGING & S 6700 JANITORIAL SUPP-SNCTR 0.00 342.53 1001 40467 11/09/22 10203 MID VALLEY PACKAGING & S 6260 JANITORIAL SUPP-PLAN 0.00 342.54 1001 40467 11/09/22 10203 MID VALLEY PACKAGING & S 6020 JANITORIAL SUPP-ADMIN 0.00 342.54 TOTAL CHECK 0.00 1,514.87
1001 40468 11/09/22 14428 NAVIA BENEFIT SOLUTIONS 6020 COBRA-OCT22 0.00 36.45 1001 40469 11/09/22 10215 NELSON HARDWARE & GIFTS 6700 SNR CTR SUPPLY 0.00 21.68 1001 40470 11/09/22 10885 NELSONS POWER CENTER 6260 SUPPLIES-PARKS 0.00 92.72 1001 40470 11/09/22 10885 NELSONS POWER CENTER 6260 SUPPLIES-PARKS 0.00 132.19 TOTAL CHECK 0.00 224.91
1001 40471 11/09/22 10237 P G & E - SACRAMENTO 2250 ADAMS/TRFSGL 10/28/22 0.00 92.94 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 6200 692 HILL AVE 0.00 219.44 SUPERION PAGE NUMBER: 7
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 6200 1292 MILLAR AVE 0.00 380.17 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 6200 UTILITIES-OCT22 0.00 451.69 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 6260 UTILITIES-OCT22 0.00 604.32 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 6700 UTILITIES-OCT22 0.00 1,063.57 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 6080 UTILITIES-OCT22 0.00 1,349.79 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 8 10/28/22 0.00 3,764.37 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 5000 UTILITIES-OCT22 0.00 6,749.91 1001 40471 11/09/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 7 10/28/22 0.00 15,836.10 TOTAL CHECK 0.00 30,512.30
1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 SPR 21-02-SEPT22 0.00 44.10 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 TTM 21-0015-SEPT22 0.00 117.60 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 SPR 22-32-SEPT22 0.00 132.30 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 SPR 22-43--SEPT22 0.00 182.00 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 CUP 22-41-SEPT22 0.00 189.90 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 REZONE 22-10-SEPT22 0.00 350.00 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 LLA 22-40-SEPT22 0.00 390.60 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 SPR 22-39-SEPT22 0.00 427.70 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 SPR 22-30-SEPT22 0.00 494.20 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 SPR 22-08-SEPT22 0.00 730.10 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 CUP 19-02-SEPT22 0.00 1,286.78 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6260 HARRIS CT PARK FEES 0.00 2,741.00 1001 40472 11/09/22 13655 PROVOST & PRITCHARD 6150 GENERAL PLAN-JULY22 0.00 36,076.10 TOTAL CHECK 0.00 43,162.38
1001 40473 11/09/22 11695 QUAD KNOPF 6150 GRANT ASSESSMENT 0.00 595.00 1001 40474 11/09/22 10254 REDCAT TOWING 6260 TOW F150-PARKS 0.00 125.00 1001 40475 11/09/22 13360 RODRIGUEZ, NOAH & BEATRI 100 207 ASPEN H&S REFUND 0.00 108.00 1001 40476 11/09/22 10274 SAN JOAQUIN VAL AIR POLL 5000 22/23 ANNUAL PERMIT 0.00 290.00 1001 40477 11/09/22 14358 SPARKLETTS 6120 WTR SVC SEPT/OCT22 0.00 233.70 1001 40477 11/09/22 14358 SPARKLETTS 6020 WTR SVC SEPT/OCT22 0.00 384.86 TOTAL CHECK 0.00 618.56
1001 40478 11/09/22 10763 SUNBELT RENTALS 6700 LIGHTS TRUNK/TREAT 0.00 209.69 1001 40479 11/09/22 14535 THOMAS GAFFERY 6160 MTG MEAL REIMB 0.00 48.23 1001 40479 11/09/22 14535 THOMAS GAFFERY 6160 MTG MEAL REIMB 0.00 85.68 TOTAL CHECK 0.00 133.91
1001 40480 11/09/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL-SNR CTR 0.00 54.56 1001 40480 11/09/22 13543 UNIFIRST CORPORATION 6020 MATS/MOPS ADMIN 0.00 68.20 1001 40480 11/09/22 13543 UNIFIRST CORPORATION 5000 UNIFORMS-WATER 0.00 84.35 1001 40480 11/09/22 13543 UNIFIRST CORPORATION 6200 UNIFORMS-PW 0.00 84.36 1001 40480 11/09/22 13543 UNIFIRST CORPORATION 6200 UNIFORMS PW 0.00 105.89 1001 40480 11/09/22 13543 UNIFIRST CORPORATION 5000 UNIFORMS WTR 0.00 105.89 TOTAL CHECK 0.00 503.25
1001 40481 11/09/22 10725 VERIZON WIRELESS 6030 CELL PHONE 10/19/22 0.00 51.30 SUPERION PAGE NUMBER: 8
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40481 11/09/22 10725 VERIZON WIRELESS 6150 CELL PHONE 10/23/22 0.00 101.86 1001 40481 11/09/22 10725 VERIZON WIRELESS 6200 CELL PHONE 10/19/22 0.00 341.84 TOTAL CHECK 0.00 495.00
TOTAL CASH ACCOUNT 0.00 835,258.94
TOTAL FUND 0.00 835,258.94
SUPERION PAGE NUMBER: 9
DATE: 11/09/2022 CITY OF FOWLER ACCTPA21
TIME: 14:12:12 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40394' and '40482' ACCOUNTING PERIOD: 5/23
FUND - 212 - ARPA FUNDING
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40439 11/02/22 14749 HOFFMAN SECURITY 2120 MONTHLY SVCS 0.00 212.50 1001 40439 11/02/22 14749 HOFFMAN SECURITY 2120 ACCESS CONT. INSTALL 0.00 29,995.00 TOTAL CHECK 0.00 30,207.50
1001 40482 11/09/22 14668 R.L. FRIEND CONSTRUCTION 2120 WATER METER REPLAC 0.00 31,847.35 TOTAL CASH ACCOUNT 0.00 62,054.85
TOTAL FUND 0.00 62,054.85
TOTAL REPORT 0.00 897,313.79
1 MINUTES OF THE FOWLER CITY COUNCIL MEETING
Tuesday, November 1, 2022
Mayor Pro-Tem Rodriquez called the meeting to order at 7:00 p.m.
Councilmembers Present: Rodriquez, Mejia, Parra, Kazarian (via teleconference) City Staff Present: City Manager Tucker, City Attorney Cross, Police Chief Reid, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, Deputy City Clerk Vasquez
5. CEREMONIAL
5-A. City of Fowler Sesquicentennial Celebration Proclamation
6. PUBLIC COMMENT
No members of the public spoke.
7. CONSENT CALENDAR
Councilmember Parra made a motion to approve the consent calendar, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Kazarian, Rodriquez
8. CONTESTED CONSENT CALENDAR
N/A
9. GENERAL ADMINISTRATION
9-A. Police Department/Senior Center
i. Presentation of the David T. Cardenas Senior Center and Police Headquarters elevations (informational)
9-B. Public Works
i. APPROVE an agreement with Provost Pritchard Consulting Group in the amount of $453,531 to provide design and construction phase services for Well 9
Councilmember Parra made a motion to APPROVE an agreement with Provost Pritchard Consulting Group in the amount of $453,531 to provide design and construction phase services for Well 9, seconded by 6-B
2 Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Kazarian, Rodriquez
ii. California Transportation Commission 2023 Active Transportation Program (ATM) Grant Update
10. STAFF COMMUNICATIONS (CITY MANAGER)
• Updates were provided by Deputy City Clerk Vasquez, Recreation Supervisor Hernandez, Community Development Director Gaffery, Public Works Director Dominguez.
11. COUNCILMEMBER REPORTS AND COMMENTS
• Updates were provided by Councilmember Parra, Councilmember Mejia, Councilmember Kazarian, and Mayor Pro-Tem Rodriquez.
12. ADJOURNMENT
Having no further business, the meeting adjourned at 8:11 p.m.
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-C
REPORT TO THE CITY COUNCIL
November 15, 2022
FROM: SCOTT CROSS, City Attorney
SUBJECT
APPROVE Resolution No. 2607, A Resolution of the City Council of the City of Fowler Authorizing Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 (AB 361)
RECOMMENDATION
The City Council approved Resolution No. 2592 on September 20, 2022, to allow City Council members to attend City Council meetings via remote teleconferencing pursuant to AB 361. The Resolution also authorized the City’s other commissions to meet remotely for as long as the City Council authorizes.
Resolution No. 2607 must be approved if the City Council desires to continue with remote teleconferencing for City Council and various City commission meetings as authorized by Government Code Section 54953 as amended by AB 361.
BACKGROUND
AB 361 amended the Ralph M. Brown Act last year to allow legislative bodies the option of continuing to conduct meetings via remote teleconference or virtually without complying with the typical Brown Act requirements necessary for legislative body members to attend meetings remotely. One of the requirements for being allowed to use the remote teleconferencing authorized under AB 361 is that the legislative body must make certain findings every 30 days to continue conducting meetings at which legislative body members may attend remotely without complying with the typical pre-AB 361 Brown Act requirements for remote attendance at city council meetings.
This resolution with the required findings must be approved to continue with remote teleconferencing for City Council and various City commission meetings as authorized by Government Code Section 54953 as amended by AB 361. If approved, a continuing resolution will be brought forward at future APPROVE Resolution No. 2607
November 15, 2022
City Council meetings (at least every 30 days) for the Council to consider the required findings to continue authorized remote teleconferencing.
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. 2607
1 RESOLUTION NO. 2607
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
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 City Council approved Resolution No. 2522 on October 19, 2021, authorizing teleconferencing and remote attendance at City Council meetings and other City commission meetings in accordance with Government Code Section 54953 as amended by AB 361, and subsequently approved a series of resolutions in accordance with Government Code Section 54953(e)(3) to continue with remote attendance at meetings; and WHEREAS, thirty days elapsed between the August 16, 2022, and September 20, 2022, City Council meetings, and the original authorization for remote meetings expired; and WHEREAS, the City Council approved Resolution No. 2592 on September 20, 2022, to re-authorize the use of remote attendance at meetings, and the City Council desires to continue authorizing remote attendance at meetings as authorized by Government Code Section 54953 as amended by AB 361; and
WHEREAS, neither the state of emergency proclaimed by the Governor on March 4, 2020, nor the state of emergency declared by the Fowler City Council on March 17, 2020, has been rescinded and the state of emergency remains in effect; and WHEREAS, Government Code Section 54953, as amended by AB 361, requires the City Council to make certain findings every thirty (30) days after approving Resolution No. 2592 in order to continue with remote teleconferencing.
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES 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
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 COVID-19 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.
The foregoing resolution of the City Council of the City of Fowler was duly and regularly introduced and approved at a special meeting of the City Council on November 15, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mark Rodriquez, Mayor Pro Tem
ATTEST:
_____________________________
Angela Vasquez, Deputy City Clerk
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-D
REPORT TO THE CITY COUNCIL
November 15, 2022
FROM DAWN E. MARPLE, City Planner
SUBJECT
APPROVE Resolution No. 2608 Authorizing the City Manager to execute documents related to the City of Fowler Permanent Local Housing Allocation (PLHA) Grant Application and Award.
RECOMMENDATION
Staff recommend the City Council approve a resolution authorizing the City Manager to execute documents related to the City of Fowler Permanent Local Housing Allocation (PLHA) Grant Application and award.
BACKGROUND
The City intends to submit and application for Permanent Local Housing Allocation (PLHA) funds.
These funds provide local governments funding for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.
In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California.
This program helps to:
• Increase the supply of housing for households at or below 60% of area median income • Increase assistance to affordable owner-occupied workforce housing PLHA Grant Resolution
November 15, 2022
• Assist persons experiencing or at risk of homelessness • Facilitate housing affordability, particularly for lower- and moderate-income households • Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation
• Ensure geographic equity in the distribution of the funds Fowler is receiving funds under the PLHA program as a non-entitlement local government and is eligible for $81,069 for the 2019 reporting year. The grant application is due to the California Department of Housing and Community Development on November 30, 2022. If awarded, the grant will allow the City to provide a home down payment assistance program to qualifying residents of Fowler. Staff intend to contract with a local community benefit organization to administer the grant program.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
This grant will not have an impact to the General Fund.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2608
RESOLUTION NO. 2608
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO THE
CITY OF FOWLER PERMANENT LOCAL HOUSING ALLOCATION GRANT
APPLICATION AND AWARD
WHEREAS, the City Council of the City of Fowler is eligible to receive State funding through the California Department of Housing and Community Development Permanent Local Housing Allocation (PLHA) program; and
WHEREAS, an application submittal to the State’s portal is due November 30, 2022; and WHEREAS, if the City of Fowler decides to allocate any of the proposed funds to another entity to implement the eligible activity, the City of Fowler will utilize a selection process that avoids conflicts of interest and will be accessible to the public. For the purposes of this paragraph, “entity” means a housing developer or program operator; and
WHEREAS, the City Council of the City of Fowler wishes to delegate authorization to execute this Application and related documents thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City Manager is hereby authorized and directed to sign and file, for and on behalf of the City, an application to the California Department of Housing and Community Development for funds available to the City of Fowler in the amount of $81,069.00 through the Permanent Local Housing Allocation program. The City Manager is designated to provide the assurances, certifications, and commitments required for the grant application, including the execution of financial agreements with the California Department of Housing and Community Development and any amendments or changes thereto. The City Manager is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
PASSED, APPROVED AND ADOPTED this 15th day of November 2022, at a special 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: 6-E
REPORT TO THE CITY COUNCIL
November 15, 2022
FROM MARGARITA MORENO, Finance Director
SUBJECT
APPROVE disposal of two inoperable vehicles within the Public Works Department.
RECOMMENDATION
Approve disposal of the identified surplus equipment in Exhibit A.
BACKGROUND
Public Works Department has identified two vehicles that are stored at the City Yard and that are no longer utilized in Public Works operations. Each of these vehicles have significant mileage and/or mechanical issues where the repair costs exceed the value of the vehicle.
It is recommended that the items on Exhibit A be disposed of through a public sale or other appropriate means and that the Department of Motor Vehicles registration records on the vehicles listed on Exhibit A remove the City of Fowler as the registered owner of these vehicles.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
Disposal of surplus equipment
November 15, 2022
FISCAL IMPACT
There is no fiscal impact as this action does not include the appropriation or expenditure of funds.
Any revenue generated from the sale of these vehicles will be included in an upcoming budget amendment to appropriate the funds.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Exhibit A: Surplus List
Exhibit A
City of Fowler Public Works Department Surplus list
Year Make Model
California
License
Number
VIN Current
Location
Unit
Number
Condition
2003 Ford F350 SRW SUPER DUTY 1070343 1FDSF34L13EDO1764 City Yard 8 Inop 2003 Ford F140 SUPER CREW 1069816 1FTRW07693KA85588 City Yard 17 Inop
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-F
REPORT TO THE CITY COUNCIL
November 15, 2022
FROM MICHAEL S. REID, Chief of Police
SUBJECT
Actions pertaining to the purchase and upfitting of one replacement Police Department patrol vehicle from insurance proceeds.
The purchase and upfitting cost for the replacement vehicle include the following:
1. AUTHORIZE the Chief of Police to enter into agreement with 72 Hour LLC dba National Auto Fleet Group (72 Hour) National Auto Fleet group in the amount of $48,322.67 for the purchase of one 2022 Dodge Durango Pursuit V-8 AWD police vehicle.
2. AUTHORIZE the Chief of Police to enter into an agreement with LEHR Auto Electric in an amount not to exceed $22,000 for the upfitting of one 2022 Dodge Durango Pursuit V-8 AWD police vehicles.
RECOMMENDATION
Staff recommends the City Council approve the above proposed actions.
BACKGROUND
On September 20, 2022, the Fowler City Council approved the purchase of two additional Dodge Durango vehicles for use in police operations for the Fowler Police Department utilizing Section 7B of the City’s Purchasing Policy. This section allows for the use of prices obtained from another public agency’s competitive process to purchase equipment for the City of Fowler. As a result of this approval, 72 Hour LLC dba National Auto Fleet Group (72 Hour) was selected for the purchase of the new Actions pertaining the purchase and upfitting of one Police Department patrol vehicle November 15, 2022
vehicles and LEHR Auto Electric (LEHR) was selected to upfit the newly purchased police vehicles with emergency equipment necessary for law enforcement operations.
Since this purchase was approved by Council in September, the acquisition of a third patrol vehicle is now required. This is a result of a “not at fault” collision of a patrol vehicle where the City’s insurance carrier determined that the vehicle would be totaled. Insurance proceeds, minus a $5,000 deductible under our insurance policy, would then be applied to the purchase and upfitting of this replacement police vehicle.
In addition, the Fowler Police Department has researched the cost of providing ballistic-rated panels in patrol vehicles. Ballistic panels in driver’s side and passenger side front doors offer heightened safety features for officers that our current police fleet does not provide. 72 Hour can obtain and install these much-needed officer safety panels for an additional $4,750.00.
Emergency safety equipment is currently being disassembled from the totaled patrol vehicle. As much of this equipment as possible will be used in the replacement vehicle to offset some of the cost of upfitting by LEHR. Until the disassembled equipment is received by LEHR and inspected, it is not known exactly how much the upfit will cost. As a result, a “not to exceed” cost estimate for LEHR upfitting of $22,000 has been included in this staff report. Upfit costs are included in the reimbursable costs from our insurance claim
Insurance claims for totaled City of Fowler vehicles are paid as a reimbursement. The insurance claim to purchase and upfit the replacement patrol vehicle will cover 100% of these costs, minus a $5,000 deductible. In addition, the ballistic panels will add $4,750 to the purchase price above the base price for this vehicle. Six (6) Police Department vehicles were recently declared surplus by Council action on November 1, 2022. These surplus vehicles are scheduled to be sold or scrapped in the next few weeks. It is anticipated that the funds generated from these sales will be applied to pay the deductible cost on the claim as well as the addition of the ballistic panels.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
As noted in the November 1, 2022, staff report, funds generated from the sale of the surplus vehicles along with the associated costs of the deductible and ballistic panels will be included in an upcoming budget amendment for the respective appropriation and expenditure.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments:
-Invoice for one Dodge Durango Police Vehicle with ballistic panels from 72 Hour LLC dba National Auto Fleet Group (72 Hour) National Auto Fleet Group.
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-G
REPORT TO THE CITY COUNCIL
November 15, 2022
FROM DAWN E. MARPLE, City Planner
SUBJECT
Actions pertaining to Fresno Council of Governments (COG) 2023 Cycle 6 Regional Active Transportation Program (ATP):
1. APPROVE Resolution No. 2609 Supporting the West Side Alternative Transportation Grant and Authorizing the City Manager to execute documents related to the Fresno Council of Governments Cycle 6 Regional Active Transportation Program Grant Application.
2. APPROVE Resolution No. 2610 Supporting the Fremont Elementary/Marshall Elementary/Fowler High School Safe Routes to School Grant and Authorizing the City Manager to execute documents related to the Fresno Council of Governments Cycle 6 Regional Active Transportation Program Grant Application.
RECOMMENDATION
Staff recommend the City Council approve resolutions supporting the projects and authorizing the City Manager to execute documents related to the Fresno Council of Governments for the West Side Alternative Transportation Project and the Fremont Elementary/Marshall Elementary/Fowler High School Safe Routes to School Project with the Fresno Council of Governments Cycle 6 Regional Active Transportation Program Grant Application.
BACKGROUND
The City intends to submit for the Fresno Council of Governments Cycle 6 Regional Active Transportation Grant Program. These resolutions are required as part of the grant process. Having Actions pertaining to the Fresno COG Cycle 6 Regional Active Transportation Program November 15, 2022
the resolution completed when submitting an application is advantageous and staff strive to do so whenever possible.
West Side Alternative Transportation Project: This grant application is due November 18, 2022. Staff are preparing an application for west-side bike lanes including creation of an off-street paseo along the Stanford Avenue alignment as well as bike lanes on along Fresno Street and segments of Stanford Avenue. This will fill gaps in the existing bicycle infrastructure network and help connect west-side residents to the east side of the City.
Fremont Elementary/Marshall Elementary/Fowler High School Safe Routes to School Project: This grant application is due November 18, 2022. Staff are preparing an application for construction of sidewalk along the north and south sides of Adams Avenue between 7th Street and Main Street.
Fremont Elementary, Marshall Elementary, and Fowler High School are all located adjacent to Adams Avenue on the north side of the City of Fowler. The proposed improvements are expected to enhance and promote walking and biking activities for students and parents traveling to and from school, improve safety of pedestrians along the Adams Avenue alignment between schools, and assist with connectivity to areas currently only severed by streets.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
If awarded, the grant will allow the City to provide additional infrastructure and additional services to the residents of Fowler.
If the Fremont Elementary/Marshall Elementary/Fowler High School Safe Routes to School Project is awarded the City will provide a, 11% match totaling $66,000.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments:
- Resolution No. 2609
- Resolution No. 2610
RESOLUTION NO. 2609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER
SUPPORTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
DOCUMENTS WITH THE FRESNO COUNCIL OF GOVERNMENTS RELATED TO THE CITY OF FOWLER 2023 CYCLE 6 REGIONAL ACTIVE TRANSPORTATION
GRANT PROGRAM WEST SIDE ALTERNATIVE TRANSPORTATION PROJECT WHEREAS, the City Council of the City of Fowler is eligible to receive regional funding through the Fresno Council of Governments 2023 Cycle 6 Regional Active Transportation Program; and
WHEREAS, an application submittal to the Fresno Council of Governments is due November 18, 2022; and
WHEREAS, the City Council of the City of Fowler supports the West Side Alternative Transportation Project as it will encourage the increased use of active transportation modes advancing the efforts of the Fresno Council of Governments in achieving greenhouse gas reduction goals as well as enhancing public health; and
WHEREAS, the City Council of the City of Fowler wishes to delegate authorization to execute this Application and related documents thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City Manager is hereby authorized and directed to sign and file, for and on behalf of the City, an application to the Fresno Council of Governments for the West Side Alternative Transportation Project The City Manager is designated to provide the assurances, certifications, and commitments required for the grant application, including the execution of financial agreements with the Fresno Council of Governments and any amendments or changes thereto.
The City Manager is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
PASSED, APPROVED AND ADOPTED this 15th day of November 2022, at a special meeting of the Fowler City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
ATTEST: Mark Rodriquez, Mayor Pro Tem
____________________________
Angela Vasquez, Deputy City Clerk
RESOLUTION NO. 2610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF FOWLER
SUPPORTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS
WITH THE FRESNO COUNCIL OF GOVERNMENTS RELATED TO THE CITY OF FOWLER 2023 CYCLE 6 REGIONAL ACTIVE TRANSPORTATION GRANT PROGRAM
FREMONT ELEMENTARY/MARSHALL ELEMENTARY/FOWLER HIGH SCHOOL SAFE
ROUTES TO SCHOOL
WHEREAS, the City Council of the City of Fowler is eligible to receive regional funding through the Fresno Council of Governments 2023 Cycle 6 Regional Active Transportation Program; and WHEREAS, an application submittal to the Fresno Council of Governments is due November 18, 2022; and
WHEREAS, the City Council of the City of Fowler supports the Fremont Elementary/Marshall Elementary/Fowler High School Safe Routes to School Project as it will encourage the increased use of active transportation modes advancing the efforts of the Fresno Council of Governments in achieving greenhouse gas reduction goals as well as enhancing public health; and WHEREAS, the City Council of the City of Fowler wishes to delegate authorization to execute this Application and related documents thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City Manager is hereby authorized and directed to sign and file, for and on behalf of the City, an application to the Fresno Council of Governments for the Fremont Elementary/Marshall Elementary/Fowler High School Safe Routes to School Project. The City Manager is designated to provide the assurances, certifications, and commitments required for the grant application, including the execution of financial agreements with the Fresno Council of Governments and any amendments or changes thereto. The City Manager is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
PASSED, APPROVED AND ADOPTED this 15th day of November 2022, at a special meeting of the Fowler City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
ATTEST: Mark Rodriquez, Mayor Pro Tem
____________________________
Angela Vasquez, Deputy City Clerk
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-Ai
REPORT TO THE CITY COUNCIL
November 15, 2022
FROM: SCOTT CROSS, City Attorney
SUBJECT
Discuss and Provide Direction on a Potential Card Room and Gaming Club (Card Room) Ordinance
RECOMMENDATION
Discuss the City’s existing Gaming Club (Card Room) Ordinance and provide direction whether to preliminarily pursue a potential card room under the Ordinance, pursue potential Ordinance amendments, pursue a repeal of the Ordinance, or other direction as desired.
BACKGROUND
Additional background information on the City’s Ordinance, a previous card room (Vineyard Casino) that operated in the City approximately 25 years ago, and the end of the State moratorium on new card room licenses was provided in a staff report to the City Council for the October 4th City Council meeting, and is attached. The end of the State moratorium has led to some inquiries about the potential for a card room in Fowler.
A workshop regarding the City’s existing Gaming Club (Card Room) Ordinance and the end of the State moratorium on new card room licenses was conducted at the October 4, 2022, City Council meeting. At that meeting the City Council directed the City Attorney to contact the California Bureau of Gambling Control (Bureau) to try to determine if the City’s existing Ordinance complies with current State law requirements or whether amendments to the Ordinance may be needed; and if amendments are needed whether voter approval would be required. The City Council also directed staff to place a card room discussion item on the agenda for the November 15, 2022, City Council meeting and insert a notice of the Nov. 15th card room discussion in the November utility bills to residents.
Discussion with a staff analyst at the Bureau did not produce any answers, and we were informed that only one attorney at the Department of Justice is assigned to the Bureau and available to conduct ordinance compliance reviews. The attorney has not yet been available to discuss or review the City’s existing Ordinance, so we have no formal or informal determination from the Bureau whether the Ordinance Discuss and Provide Direction on a Potential Card Room and Gaming Club (Card Room) Ordinance November 15, 2022
complies with Bus. and Prof. Code Section 19860(a). However, based on a review of the Ordinance and applicable State law, it seems unlikely the Bureau would determine the existing Ordinance is compliant with Bus. and Prof. Code Section 19860(a).
Based on Council direction at the October 4th City Council meeting, before pursuing any further Bureau review and input or devoting any further staff time on a potential card room or the necessary Ordinance amendments, the City Council should provide further direction on whether to pursue a potential card room.
The following flow chart of potential options and direction is provided to assist the Council discussion:
- Council could direct staff to pursue Bureau review of the existing Ordinance, or not pursue any review by the Bureau.
- If further Bureau review is directed:
o Bureau may determine existing Ordinance is sufficient (not likely based on B&P Code 19860(a)).
o Bureau determines existing Ordinance is inadequate.
Is a text amendment to be approved by Council possible without voter approval (not likely based on B&P Code 19860(a)).
Is voter approval of an Ordinance amendment needed (seems likely based on B&P Code 19860(a) and (b)).
- State could enact legislation in 2023 to reinstate the moratorium on card room licenses, and such legislation could terminate any card room pursuit depending on progress of any potential card room application or Ordinance amendment when legislation takes effect. - Council could direct staff to open card room application window beginning after January 1, 2023.
o Direct staff to not begin any review of applications under the existing Ordinance until City receives determination from Bureau above and further Council direction at later City Council meeting.
o Merely accepting applications would not likely allow a card room to proceed if moratorium were reenacted, but it is possible – simply unknown due to potential legislation. - Council could direct staff to take no further action regarding a card room, including not seeking any further Bureau review of the existing Ordinance.
- Council could direct staff to come back for further direction or bring an Ordinance amendment back to Council at a later meeting after City receives determination from Bureau above. - Council could direct staff to bring forward a resolution at a later meeting to consider placing a ballot measure to repeal the Ordinance at the Nov. 2024 election.
Pending the Bureau’s preliminary review and confirmation, the following steps appear necessary before the City may begin to accept any card room license application for review or conditionally approve any license application.
1. Update the Ordinance to conform to statutory requirements imposed in 1998 after the Ordinance was adopted. The Ordinance may need to be amended to specifically address and govern hours of operation, patron security and safety, and wagering limits. The Ordinance appears to adequately Discuss and Provide Direction on a Potential Card Room and Gaming Club (Card Room) Ordinance November 15, 2022
address the location of a card room and a limit on the number of gambling tables. (Bus. and Prof.
Code § 19860.) Additionally, the Ordinance provisions governing employee work permits likely need to be amended to allow for the Gambling Control Commission to object to employee work permits as specifically addressed in Bus & Prof. Code Section 19912.
2. Any proposed Ordinance amendment must be submitted to the Bureau of Gambling Control for (formal) review and comment before adoption. (Bus & Prof. Code § 19961.1.)
3. Given the time lapse between adoption of the new statutory requirements and adoption of an ordinance amendment to address them (24 years since Bus & Prof. Code Section 19860 was enacted) it is possible the Bureau may contend the City missed its opportunity to amend the Ordinance without further voter approval prior to July 1, 2000. (See Bus. & Prof. Code § 19860(b), which contains confusing and ambiguous language in this regard.) Under the Ordinance, the City Council has discretion to announce that applications for a license will be accepted after January 1, 2023. This discretion also allows the City Council to announce or direct staff not to accept applications under the Ordinance or determine not to accept applications until the Bureau has concluded its review of the Ordinance and determined what, if any, amendments are needed. If Council desires to potentially accept applications, Council review of various provisions in the nearly 30-year-old Ordinance would also be prudent.
Finally, if the Council determines not to accept license applications or not pursue any necessary Ordinance amendment, then no further direction or action is needed, and the matter will not be pursued. The Ordinance will remain in effect but likely remain insufficient based on current State law, and the question of whether to repeal the Ordinance could be placed on the ballot for the voters to decide at the next municipal election in November 2024.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
No fiscal impact is at this time.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments:
- October 4, 2022, City Council meeting staff report, including California Gambling Control Commission notice dated September 14, 2022
- November utility bill notice of potential card room discussion at November 15, 2022, City Council meeting
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 9-A
REPORT TO THE CITY COUNCIL
October 4, 2022
FROM: SCOTT CROSS, City Attorney
SUBJECT
WORKSHOP on City of Fowler’s Gaming Club Ordinance and State Moratorium on Cardroom Licenses
RECOMMENDATION
Conduct a workshop on the City’s current Gaming Club (Cardroom) Ordinance and the end of the State moratorium for cardroom licenses ending effective January 1, 2023 and discuss various options.
BACKGROUND
The City of Fowler has an existing Gaming Club Ordinance that was approved by the voters of Fowler at a special election in 1992, and subsequently adopted by the City Council following voter approval.
The Ordinance was amended several times between 1992 and 1996, and is in Title 5, Chapter, Sections 5-13.01 through 5-13.32 of the Fowler Municipal Code.
Following the adoption of the Ordinance, a gaming club license was issued by the City and approved by the State and the Vineyard Casino operated in the City for short time before apparently closing in about 1997 or shortly thereafter. No other license was subsequently issued by the City after the Vineyard Casino closed, and no gaming clubs have operated in the City since that time.
For many years State law (Business and Professions Code Sections 19962 and 19963) has prohibited the City and State from issuing a new gaming license for an establishment not licensed prior to 2000.
Thus, once the Vineyard Casino closed and the license terminated, the State moratorium prohibited a new gaming club license in Fowler even though the City had an existing Ordinance that preceded the moratorium.
WORKSHOP
October 4, 2022
2 The State moratorium will expire on January 1, 2023. However, a comprehensive review of the City’s Ordinance has not been performed to determine if all if all provisions comply with current State law.
Due to State law changes after the Ordinance was adopted, it is possible the Ordinance will need to be amended to comply with current State law requirements (including Business and Professions Code Section 19860) and voter approval of an amended Ordinance may be required. City staff will need to confirm with the California Bureau of Gambling Control (Bureau) to determine if an amended Ordinance is required and if voter approval at an election will be required.
Attached is a notice from the California Gambling Control Commission dated September 14, 2022, addressing the end of the Cardroom license moratorium. The end of the State moratorium has led to some inquiries about the potential for a cardroom in Fowler. However, before City staff begins any efforts to consult with the Bureau on any necessary amendments to the City’s Ordinance, discussion with and direction from the City Council is needed.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
No fiscal impact is at this time.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachment:
-California Gambling Control Commission notice dated September 14, 2022 September 14, 2022
To: All Interested Parties
Re: Cardroom License Moratorium Ending Effective January 1, 2023 Currently, pursuant to Business and Professions Code section 19962, local jurisdictions cannot pass ordinances that either authorize legal gambling, or amend their existing ordinances in a way that would constitute an expansion of gambling.
Pursuant to Business and Professions Code section 19963, the California Gambling Control Commission (Commission) cannot issue a State Gambling License for a new gambling establishment that was not licensed prior to December 31, 1999 or did not have an application on file with the Department of Justice (Department) prior to September 1, 2000.
Collectively, these statutes form a moratorium on the expansion of controlled gambling, which has been in effect for more than two decades.
Historically, the Legislature extended this moratorium on the expansion of gambling.
However, a bill to extend the moratorium did not pass by the end of the 2022 legislative session. As a result, the existing moratorium, as currently constituted by Business and Professions Code sections 19962 and 19963, expires on January 1, 2023.
Despite the expiration of the moratorium, existing Cardrooms seeking to increase their authorized permanent tables, or individuals seeking to own or operate a new cardroom, must be in compliance with all relevant federal, state, and local laws.
Local ordinances limit the number of permanent gaming tables or gambling establishments allowed in their jurisdiction. Any application or request submitted must not exceed the gaming allowances provided by the local jurisdiction.
The Commission cannot approve a request for an increase in authorized tables, or approve an application for a State Gambling License to own or operate a new Cardroom, without the corresponding local jurisdiction having already enacted a gambling ordinance or expanded their existing gambling ordinance in compliance with Business and Professions Code section 19860, Business and Professions Code section 19960, and Business and Professions Code section 19961.
Cardroom Moratorium
September 14, 2022
For local jurisdictions seeking to enact a new gambling ordinance or expand an existing ordinance, there are instances in which an election must be held to approve the new or expanded ordinance pursuant to Business and Professions Code section 19960 and Business and Professions Code section 19961.
Pursuant to Business and Professions Code section 19961.1, any amendment to a city or county ordinance relating to gambling establishments, or the Gambling Control Act, must be submitted to the Department’s Bureau of Gambling Control for review and comment before the ordinance is adopted by the city or county.
Business and Professions Code section 19860 and Business and Professions Code section 19923 expressly direct the Commission to deny gambling licenses to applicants who are not in compliance with the local ordinances governing gambling.
For those considering submitting an application for a new State Gambling License, applicants must be found suitable by the Commission, and part of that suitability includes the applicants obtaining all relevant approvals from the local jurisdiction in which they plan to own and operate a Cardroom.
Before submitting a request for additional authorized permanent tables, or an application for a State Gambling License, consult your local jurisdiction. Confirm that your local jurisdiction has a gaming ordinance that is in compliance with Business and Professions Code sections 19860, 19960, and 19961, and that your request does not violate the local ordinance. The Commission cannot grant approvals to applicants who are not in compliance with the local ordinance.
The Commission has updated the Frequently Asked Questions page on its website, under the “Cardroom” subcategory, with new information and guidance regarding the moratorium.
If you have any questions, please call the Commission at (916) 263-0700 or email [email protected].
Sincerely,
STACEY LUNA BAXTER
Executive Director
128 South Fifth Street ♦ Fowler, CA 93625 ♦ Voice: 559-834-3113 ♦ Fax: 559-834-0185 Notice of Potential Card Room Discussion at Fowler City Council Meeting Dear Fowler Community:
During the Tuesday, November 15, 2022 Fowler City Council meeting, the City Council will discuss the expected end of the State of California moratorium on card room licenses, and options available to the City for a potential card room in Fowler.
The meeting will be held on Tuesday, November 15, 2022, beginning at 6:00 p.m. at Fowler City Hall located at 128 South 5th Street. The public is invited to attend the meeting and provide input about a potential card room in Fowler.
The meeting agenda will be posted online at http://www.fowlercity.org on Thursday, November 10th.
Mark Karnig Kazarian
Mayor Pro-Tem Councilmember
Juan Mejia Daniel Parra
Councilmember Councilmember
Rodriquez