Fowler City Council
February 7, 2023

SPECIAL MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, FEBRUARY 7, 2023
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/87835436603?pwd=QXo5WUV6Sjl3SEJBdnk1TWRyeHhHUT09 Telephone Number: (253) 215-8782
Meeting ID: 878 3543 6603
Passcode: 063797

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 Raul Moreno of Fowler Baptist Church

4. Pledge of Allegiance

5. Ceremonial Presentation
5-A. Employee of the Quarter – Nancy Mares

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 February 7, 2023

7-B. APPROVE Minutes of the January 17, 2023 Special City Council Meeting 7-C. APPROVE Resolution No. 2622, 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)
7-D. ACCEPT Credit Card Usage Report for July 1 through December 31, 2022 (Finance)
7-E. APPROVE Resolution No. 2623 Authorizing Submittal of a Grant Application to the Fresno Council of Governments (COG) for Measure C Transit Oriented Development (TOD) Funds (Planning)
7-F. APPROVE attendance of Planning Commissioners Adriana Prado and Cesar Rodriguez at the League of California Cities’ Planning Commissioners Academy (March 29-31, 2023, Garden Grove, CA) (Planning)
7-G. APPROVE revised City sponsored event calendar to add Boy Scout Flag Retirement Ceremony (Public Works/Recreation)

8. Contested Consent Calendar - Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.

9. General Administration
9-A. Finance
i. Actions pertaining to the fiscal year 2022-23 mid-year budget report and budget amendments:

1. ACCEPT the fiscal year 2022-23 mid-year budget report

2. ADOPT Resolution No. 2624 approving fiscal year 2022-23 proposed budget amendments
9-B. Planning
i. WORKSHOP on Downtown Streetscape Conceptual Plan
ii. Actions pertaining to proposed Rezone No. 22-0010, an ordinance to adopt an amended zoning map of 113 South 9th Street (APN: 343-162- 12) from the C-2 (Community Commercial) zone district to the RM-2-A (Multi-Family Residential – 3,500 square foot lot area) zone district, and the adoption of a finding that the zoning amendment is consistent with the City’s General Plan (CEQA Guidelines § 15183)

1. ADOPT a Consistency Finding pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15183; and

2. INTRODUCTION of Ordinance No. 2023-01, amending the zoning map of 113 South 9th Street (APN: 343-162-12) from the C-2

(Community Commercial) zone district to the RM-2-A (Multi-Family Residential – 3,500 square foot lot area) zone district iii. Actions pertaining to Conditional Use Permit No. 19-02 for a request to construct a 34-room, two-story hotel and a 2,150-square foot residence, at 312 West Tuolumne Street (APN: 343-110-13)

1. ADOPT a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332

2. APPROVE Resolution No. 2625, reversing the Planning
Commission’s decision and approving Conditional Use Permit No. 19-02
iv. Actions pertaining to annual State-mandated fire safety inspections for certain occupancies

1. APPROVE an agreement with Fire Safety Solutions, Inc. for fire safety inspection services on a time and materials basis in an amount not to exceed $49,000

2. APPROVE Resolution No. 2626 approving updated fire safety inspection fees
9-C. Police
i. Actions pertaining to replacement of the Fowler Police Department service weapon from the .40 caliber Glock 22 to the 9mm Sig Sauer P320 The purchase of the Sig Sauer P320 service weapons would include the following:

1. AUTHORIZE the Chief of Police to enter into an agreement with ProForce Law Enforcement for the purchase of fifteen (15) Sig Sauer P320 9mm service weapons with SureFire X300 weapon lights and holsters for $17,592.51; the purchase of 12,000 rounds of 9mm target ammunition and the purchase of 1,200 rounds of 9mm duty ammunition: $2,722.84

2. AUTHORIZE the City Manager, on behalf of the City of Fowler, to execute purchase agreements with officers purchasing their existing Glock 22 service weapons and with ProForce Law Enforcement for the remaining Glock 22 service weapons

10. City Manager
10-A. Fire Engine Workshop

11. Staff Communications (City Manager)
11-A. Quarterly update from Fresno County Fire Protection District

12. Councilmember Reports and Comments

13. Closed Session
13-A. Government Code Section 54956.9 (d)(4)
Conference with Legal Counsel – Anticipated Litigation
Deciding whether to initiate litigation
One potential case
13-B. Government Code Section 54956.9(d)(4)
Conference with Legal Counsel – Anticipated Litigation
Deciding whether to initiate litigation
One potential case

14. Adjourn
Next Ordinance No. 2023-02
Next Resolution No. 2627
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, February 3, 2023.

Angela Vasquez
Angela Vasquez
Deputy City Clerk

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 40744-40787 January 18 thru January 24 $ 190,575.08TOTAL ACCOUNTS PAYABLE CHECKS $ 190,575.08

PAYROLL COSTS
Second January Bi-Monthly Payroll January 31, 2023 $ 105,565.12 TOTAL PAYROLL COSTS $ 105,565.12
TOTAL CASH DISBURSEMENTS $ 296,140.20

CITY OF FOWLER

WARRANTS LIST
February 7, 2023
7-A
SUPERION PAGE NUMBER: 1
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40744 01/18/23 10995 ADT SECURITY SERVICES 6700 SECURITY SYSTEM 0.00 179.93 1001 40745 01/18/23 14519 AMAZON CAPITAL SERVICES 6260 PICKLEBALL SET 0.00 854.15 1001 40746 01/18/23 12489 BATTERY SYSTEMS INC 6260 BATTERY - PARKS 0.00 163.61 1001 40747 01/18/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 70.00 1001 40748 01/18/23 10104 FPOA 100 EMP DED 1/15/23 0.00 225.00 1001 40749 01/18/23 14238 INFOSEND, INC 5000 UB PRINTING 12/31/22 0.00 170.51 1001 40749 01/18/23 14238 INFOSEND, INC 5000 UB BILLING 12/31/22 0.00 273.17 1001 40749 01/18/23 14238 INFOSEND, INC 5000 INSERT WTR QTR42022 0.00 336.11 1001 40749 01/18/23 14238 INFOSEND, INC 5000 UB POSTAGE 12/31/22 0.00 1,004.76 TOTAL CHECK 0.00 1,784.55
1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICES DEC22 0.00 44.00 1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICES DEC22 0.00 66.00 1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICES DEC22 0.00 700.00 1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICES DEC22 0.00 924.00 1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICES DEC22 0.00 1,056.00 1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICES DEC22 0.00 1,100.00 1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICES DEC22 0.00 2,709.00 1001 40750 01/18/23 10194 LOZANO SMITH 6060 LEGAL SERVICE DEC22 0.00 5,414.80 TOTAL CHECK 0.00 12,013.80
1001 40751 01/18/23 14314 PERSONAL CONCEPTS 5000 COMPLIANCE POSTER23 0.00 71.59 1001 40751 01/18/23 14314 PERSONAL CONCEPTS 6025 COMPLIANCE POSTER23 0.00 71.59 1001 40751 01/18/23 14314 PERSONAL CONCEPTS 6700 COMPLIANCE POSTER23 0.00 71.59 1001 40751 01/18/23 14314 PERSONAL CONCEPTS 6150 COMPLIANCE POSTER23 0.00 71.59 1001 40751 01/18/23 14314 PERSONAL CONCEPTS 6120 COMPLIANCE POSTER23 0.00 71.60 TOTAL CHECK 0.00 357.96
1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6130 FIRE STATION REMODEL 0.00 120.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 GLDN ST REVIEW 0.00 225.80 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 MARSHALL II TTM 0.00 360.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 SPR 22-42 0.00 360.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 SPR 2852 S TEMPERANCE 0.00 360.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 SPR 21-22 0.00 495.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 BUFORD TRUCK STOP 0.00 495.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 PLANNING APPLICATION 0.00 540.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 2300 TTM 5952 PLANCHECK 0.00 597.60 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 SPR21-03 UHC 0.00 811.28 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 2300 TRACT 6405 FINAL MAP 0.00 1,080.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 SPR22-17 415 FRESNO 0.00 1,320.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 CITY ENGINER SERV 0.00 1,500.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 TUOL/8TH ALL WAY STOP 0.00 1,512.50 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 TRACT 6274 CONSTRUCT 0.00 2,220.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 ENCROACHMENT PERMIT 0.00 2,386.00 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 2030 21-22 STREETS CONSTRU 0.00 4,722.40 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 TRACT 6381 PLAN REVIE 0.00 6,008.75 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 2300 TTM5952 INSPEC 0.00 8,217.64 SUPERION PAGE NUMBER: 2
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40752 01/18/23 12060 PETERS ENGINEERING GROUP 6150 MISC ENG SERVICE 0.00 21,075.82 TOTAL CHECK 0.00 54,407.79
1001 40753 01/18/23 14516 SANDHU, GURJEET 500 UB REFUND 10/21 0.00 85.91 1001 40754 01/18/23 14792 TAP MASTERS, INC 5000 COLD WATER LINE 0.00 14,894.00 1001 40755 01/18/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL SNCTR 0.00 59.72 1001 40759 01/24/23 14768 ALVES ELECTRIC 6020 ELECT REPAIR ADMIN 0.00 375.00 1001 40759 01/24/23 14768 ALVES ELECTRIC 6120 ELECT REPAIR PD 0.00 375.00 TOTAL CHECK 0.00 750.00
1001 40760 01/24/23 14519 AMAZON CAPITAL SERVICES 6025 SUPPLIES CTY CLRK 0.00 12.52 1001 40761 01/24/23 14795 AUTOMATED ACCESS 6200 GATE MAINT PW YARD 0.00 125.00 1001 40761 01/24/23 14795 AUTOMATED ACCESS 6200 GATE MAINT PW YARD 0.00 541.80 TOTAL CHECK 0.00 666.80
1001 40762 01/24/23 14330 B&P PEST PROS 6020 PEST CONTROL 1/23/23 0.00 90.00 1001 40762 01/24/23 14330 B&P PEST PROS 6130 PEST CONTROL 1/23/23 0.00 95.00 1001 40762 01/24/23 14330 B&P PEST PROS 6700 PEST CONTROL 1/23/23 0.00 95.00 TOTAL CHECK 0.00 280.00
1001 40763 01/24/23 12489 BATTERY SYSTEMS INC 6260 BATTER PARKS 0.00 115.43 1001 40764 01/24/23 14354 BOOT BARN, INC. 6260 BOOTS-PRADO 0.00 144.26 1001 40764 01/24/23 14354 BOOT BARN, INC. 6260 BOOTS ARREDONDO 0.00 150.00 1001 40764 01/24/23 14354 BOOT BARN, INC. 6260 BOOTS-HAMMON 0.00 150.00 TOTAL CHECK 0.00 444.26
1001 40765 01/24/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 64.00 1001 40766 01/24/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 449.18 1001 40767 01/24/23 10069 COUNCIL OF FRESNO COUNTY 7100 HOUSING ELEMENT 0.00 1,408.05 1001 40767 01/24/23 10069 COUNCIL OF FRESNO COUNTY 7100 HOUSING ELEMENT 0.00 3,463.12 TOTAL CHECK 0.00 4,871.17
1001 40768 01/24/23 14512 CSG CONSULTANTS 6160 PLAN CHECK 0.00 893.96 1001 40769 01/24/23 14634 DEWBERRY ARCHITECTS INC 7200 PD SENIOR CTR DESIGN 0.00 9,478.75 1001 40770 01/24/23 14122 DTA 5000 DEC WATER STUDY RATE 0.00 5,420.38 1001 40771 01/24/23 13826 ECS IMAGING INC 6020 LASERFICHE RENEWAL 23 0.00 648.50 1001 40771 01/24/23 13826 ECS IMAGING INC 6025 LASERFICHE RENEWAL 23 0.00 648.50 1001 40771 01/24/23 13826 ECS IMAGING INC 5000 LASERFICHE RENEWAL 23 0.00 648.50 1001 40771 01/24/23 13826 ECS IMAGING INC 6150 LASERFICHE RENEWAL 23 0.00 648.50 TOTAL CHECK 0.00 2,594.00
1001 40772 01/24/23 11018 HOME DEPOT CREDIT SERVIC 6260 CONCRETE PARKS 0.00 29.11 SUPERION PAGE NUMBER: 3
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40772 01/24/23 11018 HOME DEPOT CREDIT SERVIC 6260 TAPE MEASURE PARKS 0.00 50.08 1001 40772 01/24/23 11018 HOME DEPOT CREDIT SERVIC 6030 PAINT - FINANCE 0.00 118.27 1001 40772 01/24/23 11018 HOME DEPOT CREDIT SERVIC 6200 STREET SUPPLIES 0.00 215.87 1001 40772 01/24/23 11018 HOME DEPOT CREDIT SERVIC 6260 HAND TRUCKS PARKS 0.00 375.11 TOTAL CHECK 0.00 788.44
1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 12/30/22 0.00 2.34 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 12/30/22 0.00 7.84 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 1291 W. SOUTH 12/30/2 0.00 9.53 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 MERCED/6TH 12/30/22 0.00 9.53 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 127 S. 6TH 12/30/22 0.00 9.53 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 WALTER/FRES 1/13/23 0.00 13.08 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 MERCED/7TH 12/30/22 0.00 16.40 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 7TH/TULARE 12/30/22 0.00 37.01 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 5000 ADAMS/5TH 12/30/22 0.00 43.09 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 TRACT 5834 1/13/23 0.00 45.83 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 95 E. ADAMS 12/30/22 0.00 53.35 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 4218 GLDSTAT 12/30/22 0.00 65.63 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 2831 E MANN 12/30/22 0.00 69.80 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 GOLDNST B 12/30/22 0.00 80.60 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 TRACT 5212 1/13/23 0.00 96.14 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6700 420 E MERCED 12/30/22 0.00 116.64 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 T5088 1/13/23 0.00 150.05 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 TRACT 5198 1/13/23 0.00 156.84 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 420 E MERCED 12/30/22 0.00 205.99 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 5000 TEM/GOLDN 12/30/22 0.00 221.03 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6260 9TH/MERCED 12/30/22 0.00 222.89 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6260 500 E MERCED 12/30/22 0.00 261.89 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 212 E MERCED 12/30/22 0.00 360.28 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6080 0.00 361.06 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 12/30/22 0.00 621.87 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6080 128 S. 5TH 12/30/22 0.00 656.65 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6700 420 E MERCED 12/30/22 0.00 665.74 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6260 500 E MERCED 12/30/22 0.00 941.28 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 6080 MAIN5TH 12/30/22 0.00 1,024.58 1001 40773 01/24/23 10237 P G & E - SACRAMENTO 5000 SESWNW231521 12/30/22 0.00 2,061.52 TOTAL CHECK 0.00 8,588.01
1001 40774 01/24/23 11071 PAPE MACHINERY ACCT 4437 6200 STREET SUPPLIES 0.00 272.61 1001 40775 01/24/23 12060 PETERS ENGINEERING GROUP 6150 TRACT 6188 CONSTRUCT 0.00 2,781.88 1001 40776 01/24/23 11880 RJ BERRY JR INC 500 HYDRANT METER REFUND 0.00 1,975.76 1001 40777 01/24/23 10518 SIGNMAX! 6200 TRAFFIC SIGNS 0.00 1,774.78 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL SNR CTR 0.00 53.81 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 6200 MATS/MOPS ADMIN 0.00 67.45 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS PW 0.00 79.66 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS WTR 0.00 79.66 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS WTR 0.00 80.03 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS PW 0.00 80.04 SUPERION PAGE NUMBER: 4
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS PW 0.00 86.61 1001 40778 01/24/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS WTR 0.00 86.61 TOTAL CHECK 0.00 613.87
1001 40779 01/24/23 11073 UNITED RENTALS 5000 HYDRANT REPAIR 0.00 746.16 1001 40780 01/24/23 14290 XEROX FINANCIAL SERVICES 6200 LEASE 12/25-1/24 0.00 120.03 1001 40780 01/24/23 14290 XEROX FINANCIAL SERVICES 6150 LEASE 12/25-1/24 0.00 120.03 1001 40780 01/24/23 14290 XEROX FINANCIAL SERVICES 6160 LEASE 12/25-1/24 0.00 120.03 1001 40780 01/24/23 14290 XEROX FINANCIAL SERVICES 6020 LEASE 12/25-1/24 0.00 120.03 1001 40780 01/24/23 14290 XEROX FINANCIAL SERVICES 6120 LEASE 12/25-1/24 0.00 120.04 TOTAL CHECK 0.00 600.16
1001 40783 01/24/23 14799 DEREK AVILA 500 UB REFUND 0.00 75.67 1001 40784 01/24/23 14794 HARO, MARCUS 500 UB REFUND 0.00 85.46 1001 40785 01/24/23 14796 OROZCO, LESLIE 500 UB REFUND 0.00 113.69 1001 40786 01/24/23 14793 RODRIGUEZ, NOAH & BEATRI 500 UB REFUND 0.00 109.70 1001 40787 01/24/23 14797 TYLER HAWK 500 UB REFUND 0.00 70.38 TOTAL CASH ACCOUNT 0.00 129,733.44
TOTAL FUND 0.00 129,733.44
SUPERION PAGE NUMBER: 5
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 212 - ARPA FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40756 01/18/23 12060 PETERS ENGINEERING GROUP 2120 CITY WTR MTR CON 0.00 7,608.84 1001 40757 01/18/23 14668 R.L. FRIEND CONSTRUCTION 2120 WATER METER REPLAC 0.00 3,258.50 TOTAL CASH ACCOUNT 0.00 10,867.34
TOTAL FUND 0.00 10,867.34
SUPERION PAGE NUMBER: 6
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 236 - ACTIVE TRNSPORT PLN (ATP)

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40758 01/18/23 12060 PETERS ENGINEERING GROUP 2360 GOLDN ST. BIKE/PED 0.00 26,381.00 TOTAL CASH ACCOUNT 0.00 26,381.00
TOTAL FUND 0.00 26,381.00
SUPERION PAGE NUMBER: 7
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 256 - WATER SUPP RLBLTY PRJ GNT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40781 01/24/23 13655 PROVOST & PRITCHARD 2560 WELL #9 PROF SERVICES 0.00 12,862.30 TOTAL CASH ACCOUNT 0.00 12,862.30
TOTAL FUND 0.00 12,862.30
SUPERION PAGE NUMBER: 8
DATE: 01/30/2023 CITY OF FOWLER ACCTPA21
TIME: 12:42:55 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40744' and '40787' ACCOUNTING PERIOD: 7/23
FUND - 503 - TCP FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40782 01/24/23 13655 PROVOST & PRITCHARD 5030 TCP TREATMENT WELL 7 0.00 10,731.00 TOTAL CASH ACCOUNT 0.00 10,731.00
TOTAL FUND 0.00 10,731.00
TOTAL REPORT 0.00 190,575.08
1 MINUTES OF THE FOWLER CITY COUNCIL SPECIAL MEETING
Tuesday, January 17, 2023
Mayor Parra called the meeting to order at 6:00 p.m.

Councilmembers Present: Parra, Mejia, Gill, Hammer
Councilmember Absent: Kazarian
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 PRESENTATION
Police Chief Reid presented Nick Haro and Vincent Jimenez who were promoted to the rank of Police Corporal.

6. PUBLIC COMMENT
No members of the public spoke.

7. CONSENT CALENDAR
Mayor Pro-Tem Mejia made a motion to approve the consent calendar, seconded by Councilmember Gill. The motion carried by roll call vote: Ayes: Mejia, Gill, Hammer, Parra; Absent: Kazarian

8. CONTESTED CONSENT CALENDAR
No items were pulled from the Consent Calendar.

9. GENERAL ADMINISTRATION
9-A. Planning
i. Economic Development Workshop
9-B. Public Works
i. 2023 Special Events Update
7-B
2 ii. APPROVE an Agreement with Provost and Pritchard Engineering Group, Inc. for on-call civil engineering services on a time and materials basis not to exceed $120,000 per fiscal year through June 30, 2026 Mayor Pro-Tem Mejia made a motion to APPROVE an Agreement with Provost and Pritchard Engineering Group, Inc. for on-call civil engineering services on a time and materials basis not to exceed $120,000 per fiscal year through June 30, 2026, seconded by Councilmember Hammer. The motion carried by roll call vote: Ayes: Mejia, Hammer, Gill, Parra; Absent: Kazarian

10. STAFF COMMUNICATIONS (CITY MANAGER)
• Updates were provided by City Manager Tucker, Police Chief Reid, Public Works Director Dominguez, Deputy City Clerk Vasquez, and Community Development Director Gaffery.

11. COUNCILMEMBER REPORTS AND COMMENTS
• Updates were provided by Mayor Parra, Mayor Pro-Tem Mejia, Councilmember Gill, and Councilmember Hammer.
• Mayor Pro-Tem Mejia requested the City sponsor the Boy Scouts Flag Retirement Ceremony. Staff were directed to place this item on the next City Council agenda.

12. CLOSED SESSION
12-A. Government Code Section 54956.8
Conference with Real Property Negotiation
Property: 119 S 6th St
Agency Negotiator: Thomas Gaffery, Community Economic Developer Director Offering Parties: Anthony Creek, Mandeep Singh
Under Negotiation: Price and Terms of Potential Sale
No reportable action was taken on the item.

13. ADJOURN
Having no further business, the meeting adjourned at 7:09 p.m.

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

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM: SCOTT CROSS, City Attorney

SUBJECT
APPROVE Resolution No. 2622, 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. 2613 on January 17, 2023, 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. 2622 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. 2622
February 7, 2023

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. 2622
1 RESOLUTION NO. 2622

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 December 13, 2022, and January 17, 2023, City Council meetings, and the original authorization for remote meetings expired; and WHEREAS, the City Council approved Resolution No. 2613 on January 17, 2023, to reauthorize 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. 2613 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 February 7, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
_____________________________
Angela Vasquez, Deputy City Clerk

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

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM MARGARITA MORENO, Finance Director

SUBJECT
ACCEPT Credit Card Usage Report for July 1 through December 31, 2022.

RECOMMENDATION
Staff recommend the City Council accept the Credit Card Usage Report for July 1, 2022 through December 31, 2022.

BACKGROUND
Council Resolution No. 2363 requires the Finance Director to provide City Council a report on credit card usage with the annual and mid-year financial reports. The attached report provides credit card usage by employee and details the expenses. Credit card expenses are submitted monthly by the responsible employee. All credit card expenses are approved by the Finance Director and reviewed by the City Manager.

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

FISCAL IMPACT
Credit card expenses are posted to the appropriate department or fund’s operating budget.

Credit Card Usage Report
February 7, 2023

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

Attachments:
- Credit Card Usage Report

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

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM DAWN MARPLE, City Planner

SUBJECT
APPROVE Resolution No. 2623 Authorizing Submittal of a Grant Application to the Fresno Council of Governments (COG) for Measure C Transit Oriented Development (TOD) Funds.

RECOMMENDATION
Staff recommend the City Council approve Resolution No. 2623 Authorizing Submittal of a Grant Application to the Fresno Council of Governments (COG) for Measure C Transit Oriented Development (TOD) Funds.

BACKGROUND
The TOD program was created as a part of the 2006 Measure C Extension Plan. As recommended by the Measure C legislation, a TOD Technical Advisory Committee developed guidelines to provide guidance on the implementation of the TOD program. The TOD Program Guidelines were approved by the Fresno COG Policy Board and the Fresno Transportation Authority (FCTA) Board. A scoring committee membership was defined by the TOD Technical Advisory Committee and approved by both Boards.

The TOD program will generate $16.9 million during the 20-year lifespan of the Measure C program based on the estimation in December 2012. It is estimated that the TOD program is accruing about $850,000 annually. There is approximately $2,020,000 available in the program for the 11th funding cycle.

Approve Resolution No. 2623 Authorizing Submittal of a Grant Application to Fresno COG February 7, 2023

The City of Fowler is currently preparing a grant application that is due on February 28, 2023 pursuant to the grant program guidelines. The application proposes using Measure C TOD Funds to complete the Downtown Streetscapes Plan. The application also proposes using these funds to implement a portion of the completed Plan. Specifically, funds would be used for engineering drawings and construction of a portion of the Plan.

ENVIRONMENTAL REVIEW
Submitting the grant application is not considered a “project” as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. Submitting the application will not cause a direct or indirect change in the environment. However, if awarded the grant, the City will prepare an environmental document pursuant to the CEQA Guidelines.

FISCAL IMPACT
If awarded, the City would receive funds to implement the project. A City match is not required for this project.

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

Attachments
- Resolution No. 2623
RESOLUTION NO. 2623

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR THE FRESNO

COUNCIL OF GOVERNMENTS MEASURE C TRANSIT ORIENTED DEVELOPMENT PROGRAM CYCLE 11
WHEREAS, the Fresno Council of Governments (“Fresno COG”) Measure C Transit Oriented Development Program Cycle 11 (“Program”) grant applications are due on February 28, 2023; and
WHEREAS, procedures established by Fresno COG require the grantee’s governing body to certify by resolution the approval of project application(s); and WHEREAS, on February 28, 2023, the City of Fowler (“City”) intends to file an application with the Fresno County Transportation Authority (“Authority”) related to the Program; and WHEREAS, the City’s application proposes to use Program funds to complete the Downtown Streetscapes Plan and fund the engineering and construction of a portion of the completed Plan (“Project”); and
WHEREAS, if Program funds are awarded, the City, as grantee, will enter into a contract with the Authority to complete the Project.

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

1. Approves the filing of the Project application for the Program.

2. Delegates authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope.

3. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

PASSED, APPROVED AND ADOPTED this 7th day of February 2023, at a special meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk

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

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM THOMAS W. GAFFERY IV, Community and Economic Development Director

SUBJECT
APPROVE attendance of Planning Commissioners Adriana Prado and Cesar Rodriguez at the League of California Cities’ Planning Commissioners Academy (March 29-31, 2023, Garden Grove, CA)

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The League of California Cities’ Planning Commissioners Academy will take place on March 29-31, 2023 in Garden Grove. The program includes curriculum on the roles and responsibilities of a planning commissioner, CEQA, legislative updates, and others. Resolution 2067 governs Planning Commissioner travel and since this proposed travel was not specifically referenced in the approved fiscal year 2022/23 budget, Staff are bringing forward an item for City Council consideration.

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

FISCAL IMPACT
There are sufficient general fund resources to cover the expenses associated with this travel. Staff anticipate the cost to be approximately $1,400 per commissioner.

APPROVE attendance of Planning Commissioners A. Prado and C. Rodriguez at the League of California Cities’ Planning Commissioners Academy
February 7, 2023

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

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

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM YVONNE HERNANDEZ, Recreation and Senior Center Supervisor

SUBJECT
APPROVE revised City sponsored event calendar to add Boy Scout Flag Retirement Ceremony

RECOMMENDATION
Staff recommend approval of revised City sponsored event calendar to add Boy Scout Flag Retirement Ceremony

BACKGROUND
On January 17, 2023, Council was presented with the 2023 Events Calendar update. City Council directed staff to bring an item back to add the Boy Scout Flag Retirement Ceremony to the calendar.

The Flag Retirement Ceremony will take place on Friday, March 24, 2023, at 7:00 pm. Public Works staff will assist the event coordinators during the ceremony by providing lighting, seating, and a portable microphone and speaker.

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

FISCAL IMPACT
All staff costs incurred by the event will be absorbed by each individual department. 2023 Special Events Calendar (revised)
February 7, 2023

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

Attachments
- 2023 Events Calendar (revised)
Date Activity City Event Facilities Road Closure
Friday, March 24, 2023
Boy Scout Flag Retirement
Ceremony Y Panzak Park None
Saturday, March 25, 2023 Spring Fest Y Merced St Merced St from 2nd to 4th Tuesday, March 28, 2023 Mayors Breakfast Y
Favorito's
Restaurant None
Saturday, April 1, 2023 Easter Egg Hunt Y Panzak Park None Tuesday, July 4, 2023 Fowler Fabulous 4th of July Y Fowler High None Wednesday, September 6, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

Wednesday, September 13, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

Wednesday, September 20, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

Wednesday, September 27, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

Wednesday, October 4, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

Saturday, October 7, 2023 Lions Club Fall Fest N Panzak Park 6th fr Merced to Tuol.;
Merced fr 6th to 1st; 3rd fr
Tuol. to Merced; 2nd fr Tuol.
to Merced; 1st fr Merced to
Main
Sunday, October 8, 2023 Pharohs Car Club of Fowler N Panzak Park Merced fr 1st to 5th (based
on entries, soft closure at
4th/Merced intersection),
2nd & 3rd bet Merced/Tuol.

Wednesday, October 11, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

City of Fowler Community Events Calendar
2023
1/2
Date Activity City Event Facilities Road Closure
City of Fowler Community Events Calendar
2023
Wednesday, October 18, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

Saturday, October 21, 2023 Jr High Band Review N Panzak, Sr Center 6th fr Merced to Main;
Merced fr 6th to 2nd; Main
fr 3rd to 6th; 3rd fr Tuol. To
Fresno; 2nd fr Tuol. to Main;
Walter fr Fresno to
Temperance
Sunday, October 22, 2023 Rajinder Brar/Nonprofit N Panzak Park None Wednesday, October 25, 2023 Wednesday at the Park Y Panzak Park 2nd bet Merced/Tuol.

Tuesday, October 31, 2023 Trunk or Treat Y Panzak Park Merced from 2nd to 4th Saturday, November 11, 2023 Veterans Day Event N Veterans Park 1st/Merced triangle Saturday, November 11, 2023 Veterans Day Walk-Run-Bike N Veterans Park None Late Nov Sikh Parade N Panzak
Merced St. from 4th to the
SR99 overpass.

Sumner Ave. from SR99 to
Sunnyside
Wednesday, December 6, 2023 Christmas on Merced Y 6th/Merced Merced from Flower Shop
to 7th
Saturday, December 9, 2023 Childrens Shopping Day Y Senior Center None 2/2

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 9-Ai

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM MARGARITA MORENO, Finance Director

SUBJECT
Actions pertaining to the fiscal year 2022-23 mid-year budget report and budget amendments:

1. ACCEPT the fiscal year 2022-23 mid-year budget report.

2. ADOPT Resolution No. 2624 approving fiscal year 2022-23 proposed budget amendments.

RECOMMENDATION
Staff recommend City Council accept the fiscal year 2022-23 mid-year budget report and adopt Resolution No. 2624 approving fiscal year 2022-23 budget amendments.

BACKGROUND
The fiscal year 2022-23 mid-year budget report reflects the City’s revenues and expenditures through December 31, 2022. The mid-year budget reports provide the data to inform any necessary budget amendments to ensure that the budget is balanced at the end of the fiscal year. As such, staff recommend several budget amendments based on operational changes during the first half of the fiscal year, as well as staff’s stronger understanding of departmental operations and base budget needs.

Below is a summary of revenues received and expenditures made for each fund type through December 31, 2022.

GENERAL FUND
The General Fund covers core services such as police, fire, public works, community development, parks, recreation, and the senior center. Sales and property taxes are the two largest sources of 2022-2023 Mid-Year Budget Report
February 7, 2023

revenue in the General Fund. Revenues in the General Fund are at 21% and expenditures are at 47% at mid-year, as follows:

REVENUES
As summarized in Attachment A, General Fund revenues received through December 31, 2022 total 21% of the annual budget estimates, while expenditures at 47%. It is important to note that certain revenues are collected at various times throughout the year and not reflected in the midyear report.

PROPERTY TAX
Revenues are at 3% of budget
The major portion of property tax revenue is not scheduled to be distributed to cities until the end of December or early January and therefore not reflected in this report.

PERMITS/LICENSES
Revenues are at 52% of budget
The City received 52% of permits/licenses fees through December 31, 2022. Charges for services are higher through December 31, 2022. Building permits are at $352,197 and plan check fees at $28,006 which make up a large portion of these estimated revenues.

Increased permits and development activity are responsible for the increase. Additionally, business license renewals are not due until December 31, 2022 and therefore not reflected in this report.

FINES & FEES
Revenues are at 21% of budget
Fines and Fees are on target through December 31, 2022 at 21%.

USE OF MONEY & PROPERTY RENTAL INCOME
Revenues are at 49% of budget
Revenues from rental and interest income are on target. The majority of rental income are received from Unwired broadband for the water tower.

MOTOR VEHICLE IN LIEU
Revenues are at 0% of budget
The VLF payment will be received in the third quarter and is therefore reflected 0% at mid-year. The motor vehicle in lieu revenues are property tax shares allocated to cities and counties by the State.

SALES TAX
Revenues are at 30% of budget
The City has received 30% of sales tax revenues. Sales tax revenues are the largest revenue source in the General Fund. Sales tax is received two months in arrears, therefore, only reflecting four months of revenue.

TRANSIENT OCCUPANCY TAX
Revenues are at 35% of budget
2022-2023 Mid-Year Budget Report
February 7, 2023

Transient occupancy taxes are received on a quarterly basis, the first payment received in October is at 35% at mid-year. The second quarter payment is not reflected in the midyear report.

FRANCHISE FEES
Revenues are at 17% of budget
Franchise fees are received in a quarterly basis, the first payment received in October is reflecting the 17% at mid-year. The second quarter payment is not reflected in the midyear.

SERVICES & OTHER FEES
Revenues are at 65% of budget
Revenues from services & other fees are currently at 65% and are anticipated to meet budgeted expectations. These revenues are from various sources such as recreation, inspection, planning, park maintenance, and special police services.

GRANT
Revenues are at 2% of budget
Two allocations have been received from Local Public Safety Funds (LPSF). Staff anticipate grants to be on target at end of year.

OTHER MISC REVENUE
Revenues are at 326% of budget
Revenues from other sources at are currently at 326%. These miscellaneous revenues include donations, P.O.S.T reimbursements, restitution, and other refunds. It is typical for revenues in this category to reflect higher percentages than budgeted.

TRANSFER IN
Revenues are at 0% of budget
A general ledger entry will be done to allocate the transfer in and transfer out to the appropriate funds at year end.

EXPENDITURES
As summarized in Attachment A, the City has expended roughly 47% of its appropriations as of December 31, 2022. All departments are on target to their budgeted lines from actual to budget for mid-year. The mid-year budget review provides the city with an opportunity to make any necessary adjustments to ensure that the budget is balanced at the end of the fiscal year.

As such, staff is recommending some budget amendments to reflect changes through the first half of the budget year.

As summarized in Attachment B, the summary of all funds revenues reflects the revenues and expenditures for the mid-year ending December 31, 2022 by fund type as summarized below:
2022-2023 Mid-Year Budget Report
February 7, 2023

ENTERPRISE FUNDS

WATER UTILITY FUNDS
Revenues 42% | Expenses 50%
Through December 31, 2022, expenses are at 50% of budget and revenues slightly lower at 42% of budget. Staff anticipate the Water Utility Fund budget to be on target for year end.

SPECIAL REVENUES

UTILITY USERS TAX
Revenues 51% | Expenses 49%
Utility User’s Tax are paid to the city one month in arrears. Five-month revenues are at $229,221 or 51% of budget, and expenses at 49%. At end of year transfer entry will be done to reconcile all transfers from UUT.

DISTRICT SALES TAX (MEASURE N)
Revenues 36% | Expenses 26%
District Sales Tax Funds are received in a monthly basis. Revenues are $583,299. Revenues are received two months in arrears, therefore this number only reflects four months of revenue.

Expenses are currently at 26% of budget. Staff anticipates projected expenses to be on target at end of year.

COPS GRANT
Revenues 16% | Expenses 0%
Cops grant reimbursement are processed once expenses are made. The expenses will be adjusted at year end.

CARES CDBG-CV GRANT
Revenues 0% | Expenses 0%
CDBG-CV Care grant reimbursement are processed once expenses are made. A budget amendment is needed for revenues received from Fresno County for reimbursement of senior meals expenses.

RECYCLE GRANT
Revenues 0% | Expenses 20%
Recycle grant reimbursement are processed once expenses are made. Staff anticipates to be on target at end of year.

GAS TAX
Revenues 46% | Expenses 0%
Highway User Tax (gas tax) revenues are received monthly. The 46% reflects payments made in the first quarter for the Merced Street Improvement debt service.

TRAFFIC CONGESTION RELIEF FUND-STREET PROJECTS
Revenues 0% | Expenses 0%
Traffic Congestion Relief Fund revenues are received for expense on the Adams reconstruction phase 2 project. A budget amendment is needed to actual revenues to actual. 2022-2023 Mid-Year Budget Report
February 7, 2023

ARPA FUNDS
Revenues 100% | Expenses 51%
The budgeted second tranche of the American Rescue Plan Act (ARPA) funds has been received at 100% in revenues. Expenses budgeted for these funds include one-time employee premium pay, audit support, Water Tower Rehab, Website Update, Downtown Streetscape Plan, and prior year water meter upgrades. A budget amendment is needed for carry over reserves for water meter expenses.

LTF ART 3 & 8
Revenues 0% | Expenses 3%
LTF revenues are generated from Fresno County. Expenses include utilities, PG&E, and street sweeping.

MEASURE C
Revenues 57% | Expenses 647%
$135,049 in monthly Measure C revenues have been received thus far. A budget amendment is needed to bring to actual the street project expenses include ADA repairs and Main & Vine Paving projects to be completed by end of year.

SB1 RMRA FUNDS
Revenues 37% | Expenses 0%
SB1 revenues are received monthly from the State. Budgeted expenses include street paving projects to be completed by end of year.

ACTIVE TRANSPORT PROGRAM (ATP)
Revenues 12% | Expenses 0%
Revenues are received as expenses are incurred. Budgeted expenses include the golden state bike trial project.

SRFC TRNS BLOCK GRANT-STBG
Revenues 1% | Expenses 0%
Revenues are received as expenses are incurred. Budgeted expenses include manning reconstruction project.

CDBG
Revenues 9% | Expenses 0%
Annual revenues received to offset expenses for capital projects.

STATE GRANT AB178
Revenues 0% | Expenses 0%
Revenues and Expenses at mid year are at 0%. Staff anticipates revenues received to offset the Police Department Headquarters & Senior Center construction to be on target by end of year.

AB1600 IMPACT FEES
Due to high volume of development activity in the City and the newly-adopted impact fees, the various AB1600 revenues are reflecting a range from 71% to 227% for the mid-year. Several budget amendments are proposed to adjust revenues to account for the increase development activity.
2022-2023 Mid-Year Budget Report
February 7, 2023

DEBT SERVICE FUNDS
The long-term debt report for the 1993-1 funds, Fire Station, and the Financing Authority are all showing expenses up to 107% for the mid-year. This is due to a significant debt service payment being made in September. These payments are made semiannually and thus skew the first quarter picture.

Additionally, principal payments are paid in the fall and not in the spring. Revenues and expenses are projected to meet the budgeted amount at year end.

SUCCESSOR AGENCY FUNDS
The Successor Agency fund includes the 2010 refunding bonds debt service which two payments are made annually reflecting expenses are currently at 98% of budget and State Grant AB178 FIA passthrough with no activity at mid-year.

BUDGET AMENDMENTS
As summarized in Attachment C, staff propose several mid-year budget amendments to align the expenditures and revenues to the budget. The following budget amendments are proposed:

GENERAL FUND
Revenues
Adjustments are needed to bring revenues and expenses to actual. Adjustments to Donations, Misc, P.O.S.T Reimbursement, Misc Refunds, and Other Reimbursements are needed to accommodate increased revenues.

Expenses
The fiscal year 2022-23 budget reflects the process of staff developing a City budget using unaudited data. Adjustments are needed to various categories across departments including supplies, insurances, one-time expenses related to computer support, and a change in utilities cost distribution, fire academy training and engineering consulting.

SPECIAL FUNDS
District Sales Tax
An adjustment to expenses is needed for one-time for Police security enhancement and for the professional service for FCFPD for unanticipated expenses.

CARES Fund
An adjustment to expenses is needed to bring to actual senior meals to be reimbursed by Fresno County CDBG-CV program.

ARPA Fund
An adjustment to expenses is needed bring to actual expenses from reserve carryover from prior to complete the water meter project.

Traffic Congestion Relief Fund-Streets Project
2022-2023 Mid-Year Budget Report
February 7, 2023

An adjustment is needed to record the ongoing Adams reconstruction phase 2 expenses incurred by the city by revenues received at mid-year.

Measure C Fund
An adjustment is needed due to bring expense to actual for the Vine & Street Project.

Debt Serv-Merced St Fund
An adjustment to revenues to record principal interest to actual.

AB1600 Impact Fees Funds
Several adjustments to revenue funds are needed due to increased development activity and one-time donations to be offset for emergency HVAC replacement in Police, along with expense for flag poles at Donny Wright Park, and one-time settlement fee for the sewer impact fees.

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

FISCAL IMPACT
After the budget amendments, revenues and expenditures for all fund types are expected to be on target for the mid-year second quarter.

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

Attachments
- A General Fund Summary
- B All Fund Summary
- Resolution No. 2624
- C Budget Amendment for Resolution No. 2624

ATTACHMENT A

GENERAL FUND SUMMARY REVENUES PERCENTAGE MID-YEAR BUDGET

BUDGET AS OF REVENUES PROJECTED VS
REVENUES 2022-2023 12/31/2022 12/31/2022 YEAR END PROJECTED PROPERTY TAX 933,250 23,368 3% 933,250 0
PERMITS/LICENSES 807,200 419,341 52% 807,200 0
FINES & FEES 11,500 2,401 21% 11,500 0
USE OF MONEY & PROPERTY RENTAL 14,500 7,171 49% 14,500 0 VLF 824,700 0 0% 824,700 0
SALES TAX 1,700,000 507,319 30% 1,700,000 0
TRANSIENT OCCUPANCY TAX 150,000 52,814 35% 150,000 0
FRANCHISE FEES 387,200 66,311 17% 387,200 0
SERVICES FEES & OTHER 111,550 72,323 65% 111,550 0
GRANTS 253,000 4,199 2% 253,000 0
OTHER MISC REVENUE 24,650 80,424 326% 100,500 75,850
TRANSFER IN 746,015 0 0% 746,015 0
TOTAL REVENUES $5,963,565 $1,235,670 21% $6,039,415 $75,850

EXPENDITURES PERCENTAGE MID-YEAR BUDGET

BUDGET AS OF EXPENDITURES PROJECTED VS
EXPENDITURES 2022-2023 12/31/2022 12/31/2022 YEAR END PROJECTED CITY COUNCIL 44,380 10,411 23% 44,380 0
ADMINISTRATION 433,606 206,378 48% 433,606 0
CITY CLERK 120,058 39,144 33% 120,058 0
FINANCE 313,173 179,644 57% 313,173 0
CITY ATTORNEY 180,000 97,802 54% 180,000 0
GENERAL GOVERNMENT 184,052 210,087 114% 227,252 43,200
POLICE 2,055,723 966,765 47% 2,055,723 0
FIRE 213,802 36,898 17% 244,802 31,000
ANIMAL CONTROL 13,000 358 3% 13,000 0
PUBLIC WORKS-STREET 773,489 261,361 34% 773,489 0
PLANNING 379,131 341,941 90% 461,631 82,500
BUILDING 382,807 153,558 40% 390,807 8,000
PUBLIC WORKS-PARK MAINT 551,321 158,243 29% 560,321 9,000 RECREATION 142,649 89,045 62% 142,649 0
SENIOR CENTER 152,635 62,655 41% 152,635 0
TOTAL EXPENSES $5,939,826 $2,814,291 47% $6,113,526 $173,700

ATTACHMENT B

MID YEAR

ALL FUND SUMMARY MID-YEAR BUDGET MID-YEAR BUDGET PROJECTED 2022-2023 REVENUES AS PERCENT PROJECTED VS 2022-2023 EXPENSES AS PERCENT PROJECTED VS REVENUES/ BUDGET OF 12/31/2022 REC'S YTD YEAR END PROJECTED BUDGET OF 12/31/2022 USED YTD YEAR END PROJECTED (EXPENSES)

GENERAL FUND
General Fund $5,963,565 $1,235,670 21% $6,039,415 $75,850 $5,939,826 $2,814,291 47% $6,113,526 173,700 (97,850) $

ENTERPRISE FUNDS
Water Utility 1,586,600 667,351 42% 1,586,600 0 1,929,691 957,054 50% 1,929,691 0 0Water Well Maintenance 113,000 0 0% 113,000 0 0 0 0% 0 0 0Groundwater Recharge CID 50,000 0 0% 50,000 0 195,684 190,432 97% 195,684 0 0TCP 602,000 1,915 0% 602,000 0 600,000 19,025 3% 600,000 0 0 Sub-total $2,351,600 $669,266 28% $2,351,600 $0 $2,725,375 $1,166,511 43% $2,725,375 $0 - $

SPECIAL REVENUE FUNDS
Utility Users Tax 450,000 229,222 51% 450,000 0 605,477 295,574 49% 605,477 0 0District Sales Tax 1,600,000 583,299 36% 1,600,000 0 701,015 182,088 26% 732,015 31,000 (31,000)COPS Grant 125,000 20,000 16% 125,000 0 190,000 0 0% 190,000 0 0Care Funding 0 0 0% 9,026 9,026 0 3,920 0% 3,920 3,920 5,106Recyle Grant 5,000 0 0% 5,000 0 5,000 1,000 20% 5,000 0 0Gas Tax 174,079 79,789 46% 174,079 0 90,800 0 0% 90,800 0 0Traffic Congestion Relief Fund-Street Prj 0 183,630 0% 183,630 183,630 0 0 0% 0 0 183,630ARPA Funding 812,156 812,156 100% 812,156 0 593,995 302,026 51% 738,995 145,000 (145,000)LTF Article 3 16,000 0 0% 16,000 0 30,000 0 0% 30,000 0 0LTF Article 8 0 0 0% 0 0 618,000 20,637 3% 618,000 0 0Measure C 238,424 135,049 57% 238,424 0 75,000 485,502 647% 525,000 450,000 (450,000)Road Maint & Rehab SB1 136,723 50,658 37% 136,723 0 0 0 0% 0 0 0Active Trnsport Pln (ATP) 227,000 26,249 12% 227,000 0 227,000 0 0% 227,000 0 0Srfc Trns Blck Grnat -STBG 850,000 11,747 1% 850,000 0 850,000 0 0% 850,000 0 0CDBG 45,000 4,167 9% 45,000 0 0 0 0% 0 0 0State Grant AB178 4,000,000 0 0% 4,000,000 0 4,000,000 0 0% 4,000,000 0AB1600 General Service 60,000 60,207 100% 60,000 0 145,000 0 0% 145,000 0 0AB1600 Law Enforcement 60,000 42,441 71% 60,000 0 136,000 51,493 38% 144,820 8,820 (8,820)AB1600 Fire 80,000 143,255 179% 235,000 155,000 129,277 107,976 84% 287,877 158,600 (3,600)AB1600 Streets 80,000 71,793 90% 80,000 0 0 0 0% 0 0 0AB1600 Parks 80,000 177,190 221% 210,000 130,000 4,200 12,024 286% 30,200 26,000 104,000AB1600 Water 140,000 120,555 86% 140,000 0 0 0 0% 0 0 0AB1600 Ground Wtr Rchrg 50,000 0 0% 50,000 0 50,000 0 0% 50,000 0 0AB1600 Sewer 80,400 182,877 227% 182,900 102,500 0 70,270 0% 70,300 70,300 32,200AB1600 Storm Drain 80,000 56,416 71% 80,000 0 125,000 0 0% 125,000 0 0Caltrans SR 99/Manning 150 104 69% 150 0 0 0 0% 0 0 0 Sub-total $9,389,932 $2,990,803 2% $9,970,087 $580,155 $8,575,764 $1,532,509 18% $9,469,404 $893,640 (313,485) $

DEBT SERVICE FUNDS
Debt Service 88-1 34,663 65 0% 34,663 0 0 0 0% 0 0Assesmt Dist 1993-R Debt Svc 77,698 0 0% 77,698 0 23,367 22,267 95% 23,367 0 0Assesmt Dist 1993-1 Hospital Bdg Lease 16,800 0 0% 16,800 0 16,200 16,200 100% 16,200 0 0Assesmt Dist 1993-1 Merced Rehab 90,800 0 0% 90,800 0 90,800 97,200 107% 100,800 10,000 (10,000)Fire Station Debt Svc 0 50 0% 50 50 0 0 0% 0 0 50Assesmt Dist 1994-R Debt Svc 154,300 85 0% 154,340 0 156,476 145,174 93% 156,476 0 0 Sub-total $374,261 $200 0% $374,351 $50 $286,843 $280,841 98% $296,843 $10,000 (9,950) $ SUCCESSOR AGENCY FUNDSState Grant AB178-FIA 1,000,000 0 0% 1,000,000 0 1,000,000 0 0% 1,000,000 0 0Successor Agency 2000 RDA Loan 109,169 0 0% 109,169 0 109,169 95,639 88% 109,169 0 0 Sub-total $1,109,169 $0 0% $1,109,169 $0 $1,109,169 $95,639 9% $1,109,169 $0 $0 FINANCE AUTHORITY FUNDPublic Financing Authority (PFA) 384,693 0 0% 384,693 0 383,268 1,999 1% 383,268 0 0 Sub-total $384,693 0 0% $384,693 $0 $383,268 $1,999 1% $383,268 $0 - $

REVENUES EXPENSES
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

APPROVING AND ADOPTING BUDGET AMENDMENTS FOR VARIOUS FUNDS FOR FISCAL YEAR 2022/2023
WHEREAS, the FY 2022/2023 Annual Budget reflects the City of Fowler’s ongoing commitment to providing core services; and
WHEREAS, the FY 2022/2023 Annual Budget was approved by the City Council on June 7, 2022, by Resolution 2563, and any subsequent amendments must be approved by Resolution; and
WHEREAS, a budget amendment is necessary to align the expected revenues and expected expenses.

WHEREAS, the budget amendment attached hereto as Attachment C specifies the various proposed budget amendments for various funds.

NOW, THEREFORE, BE IT RESOLVED, the Fowler City Council hereby resolves that the FY 2022/2023 budget be amended as described in Attachment C hereto to provide the necessary funding to various funds.

PASSED, APPROVED AND ADOPTED this 7th day of February 2023, at a special meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
2624

ATTACHMENT C

REQUEST FOR BUDGET AMENDMENT
Resolution No.

Requested by: Margarita Moreno Budget Amounts
Account Numbers: Fund Name Description Increase Decrease Revenues
100-3701 General Fund-Donations $ 7,500
100-3705 General Fund -Insurance Recovery $ 42,500
100-3706 General Fund-Misc Revenues $ 18,350
100-3708 General Fund-Misc Refunds $ 7,500
208-3650 CARES-CDBG-Program Income $ 9,026
211-3650 Traffic Congestion Relief Fund-Street Project-St Program Income 183,630 $ 329-3301 Debt Serv-Fire Station-Interest Income $ 50
730-3700 AB1600-Fire-Other Revenue $ 155,000
750-3850 AB1600-Parks Development Fees $ 130,000
770-3870 AB1600-Sewer Development Fees $ 102,500
Expenses
6080-5035 General Government-Wellness $ 40,200
6080-5240 General Government-Insurance $ 3,000
6130-5220 Fire-Professional Service $ 7,500
6130-5510 Fire-Engineering Consulting $ 2,500
6130-5300 Fire-Education Training $ 21,000
6150-5100 Planning- Supplies $ 2,500
6150-5220 Planning-Professional Services $ 75,000
6150-5170 Planning-Utilities $ 5,000
6160-5230 Computer Support Service-Building $ 8,000
6260-5180 Park Maintenance-Rents & Leases $ 2,000
6260-5202 Park Maintenance-Street Maintenance $ 5,000
6260-5195 Park Maintenance-Street Maint Supplies $ 2,000 201-5220 District Sales Tax-Professional Services $ 25,000 201-5715 District Sales Tax-Equipment $ 6,000
208-5105 CARES-CDBG-Meals Expense $ 3,920
212-5710 ARPA-Equipment $ 145,000
230-5710 Measure C-Improvements $ 450,000
327-5801 Debt Svc-Merced Loan-Principals $ 10,000
720-5220 AB1600-Law Enforcement Equipment $ 8,820
730-5710 AB1600-Fire-Improvements $ 155,000
730-5803 AB1600-Fire-Lease Principal Pymts $ 3,600
750-5710 AB1600-Parks-Improvements $ 26,000
770-5110 AB1600-Special Dept Expense $ 70,300
2624
Reason(s) for Budget Amendment:

Finance Director
Signature Date
City Manager
Signature Date
City Council: App Resolution #__________ Denied
Journal Entry No. _______________ Date Posted ___________ By: ____________________________ To align expenses and revenues to mid-year FY 2022/23 budget, staff request budget amendments to the following funds:

General Fund Revenues: Adjustments for projected year-end to actual:
• Donations, $7,500: Increase revenues to adjust to actual one-time donations. • Insurance Recovery-Police Vehicle Claim Reimb, $42,500 • Miscellaneous Revenues/Refunds, $25,850: Several adjustments to increase revenues for monies received for Employee Appreciation dinner, RMA reimbursement, and Sesquicentennial funding.

General Fund Expenses: Adjustments for projected year-end actual:
• General Governement, $40,200: Wellness Program for Unanticipated employee separation payout and unbudgeted RMA expenses of $3,000.
• Fire, $31,000: Adjustment needed for a one-time vehicle maintenance expenses, fire academy, and unanticipated expenses for the FCPFD agreement.
• Planning several adjustments reflect increased expenses due to developing a true base budget to be offset by increased development activity, $2,500: Adjust to actual office supplies, and $75,000 Increase expense to professional services to be offset by increase revenue due to increase development activity. Adjust to actual increase cost in utilities, $5,000.
• Building also developing a true base budget several adjustments for one-time expenses $8,000: one-time cost increase for computer support.
• Park Maintenance, $5,000: increase for one-time plumbing and lighting, $2,000: adjust to actual for repair & maintenance, and $2,000 for unbudgeted rents & leases to adjust to actual.

Special Revenue Funds: Adjustments for projected year-end to actual:
• District Sales Tax Fund, $6,000: to adjust to actual one time enhaned Police quarters, $25,000 professional service fire agreement.
• Cares Fund, $9026: to adjust to actual senior meals reimbursement from Fresno County to offset the expensed meals of $3,920.
• ARPA Fund, $145,000: 21/22 reserve carryover water meters project. • Street Projects Fund, $183,630: to adjust to actual revenues for reimbursements of expense of street construction.
• Measure C Fund, $450,000: adjust to actual expenses for Vine & Main Street Paving Project. • Law Enforcement Impact Fees, $8,820: Increased expense for HVAC Replacement in Police department. • Park Impact Fees, $130,000: to adjust to actual due to increase housing development activity and Lions Club donation of $20,000. Revenues to be offset by Donny Wright Park of $26,000 for flag poles, electrical & foundation park related expenses.
• Sewer Impact Fees, $102,500: to be offset by one time SKF settlement fee of $70,300. • Fire impact fees, $155,000: increase in other revenue due to solar ECC program reimbursement to be offset by improvements solar expenses and adjust to actual unbudgeted principal payments of $3,600.

Debt Service Funds: Adjustmetns for projected year-end to actual:
• Debt Serv-Merced St. $10,000: to adjust to actual unbudgeted Sept 2022 Principal interest. • Fire Station Debt Service $50: to adjust to actual unbudgeted interest earnings in revenues.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 9-Bii

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM: DAWN E. MARPLE, City Planner

SUBJECT
Actions pertaining to proposed Rezone No. 22-0010, an ordinance to adopt an amended zoning map of 113 South 9th Street (APN: 343-162-12) from the C-2 (Community Commercial) zone district to the RM-2-A (Multi-Family Residential – 3,500 square foot lot area) zone district, and the adoption of a finding that the zoning amendment is consistent with the City’s General Plan (CEQA Guidelines § 15183).

1. ADOPT a Consistency Finding pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183; and

2. INTRODUCTION of Ordinance No. 2023-01, amending the zoning map of 113 South 9th Street (APN: 343-162-12) from the C-2 (Community Commercial) zone district to the RM-2-A (MultiFamily Residential – 3,500 square foot lot area) zone district.

RECOMMENDATION
City Staff and the Planning Commission recommend the City Council adopt a Consistency Finding pursuant to CEQA Guidelines Section 15183 and hear the introduction of an Ordinance amending the zoning map of 113 South 9th Street (APN: 343-162-12) from the C-2 (Community Commercial) zone district to the RM-2-A (Multi-Family Residential – 3,500 square foot lot area) zone district.

BACKGROUND
The subject parcel is currently vacant and zoned C-2 (Community Commercial); however, it is planned for Medium Density Residential land uses by the City of Fowler General Plan. The site is approximately

0.17 acres (7,500 square feet) and is located on the east side of South 9th Street, between West Merced Street and West Main Street (APN 343-162-12). Planning Case No. 22-0010 proposes to rezone the subject property from the C-2 (Community Commercial) zone district to the RM-2-A (MultiFamily Residential – 3,500 square feet minimum lot area). The proposed rezone would bring the Actions Pertaining to Rezone No. 22-0010
February 7, 2023

property into conformance with the current General Plan Land Use Designation of Medium Density Residential.

The Medium Density Residential land use designation allows up to 13.5 dwelling units per acre. The RM-2-A zone district allows up to one dwelling unit per 3,500 square feet of land area, for a maximum density of 12.4 dwelling units per acre, which is in conformance with the density allowance of the Medium Density Residential designation. Since the property is 7,500 square feet in size, this would allow for two (2) multifamily dwelling units. Approval of the Rezone would bring the property into conformance with the General Plan. Future development would be consistent with the use allowances and development standards of the RM-2-A zone district.

The site is located in Fowler’s C-2 (Community Commercial) Zone District, surrounded by C-2 (Community Commercial) to the north and east, and R-1-6 (One-Family Residential District, minimum 6,000 square feet) to the west and south.

The table below compares the development standards of the existing C-2 zone district and the proposed RM-2-A zone district.

Comparison of Development Standards
C-2 District RM-2-A District
Minimum Lot Area N/A N/A
Maximum Lot Coverage N/A 55%
Maximum Height 50’ 35’
Minimum Parking Parking Determined
By Use
3+ BR Units: 2 stalls
0-2 BR Units: 1.5 stalls
Minimum Yards
Front 15’ 15’
Rear 10’ 10’
Interior Side 10’ 5’
Corner Side N/A 10’
Minimum Lot Dimensions
Width N/A 50’
Depth N/A 100’
Minimum Open Space N/A 10%
Maximum Dwelling Units 1 with Approved CUPa 1 per 3,500 square feet a Residential is only permitted in association with an allowed commercial use on-site.

ENVIRONMENTAL REVIEW
This Project is exempt from further environmental review pursuant to a Consistency Finding under CEQA Guidelines Section 15183, subdivision (i)(2). Section 15183 applies to projects which are consistent with the land use and development density established by a general plan for which an EIR was certified. The City of Fowler General Plan 2025 (“General Plan”) was adopted in June 2004 and applies citywide. The final EIR certified for General Plan analyzed the potential environmental effects of the land use designations and associated development densities assigned to parcels throughout the City as depicted on the General Plan Land Use Map. The Project Site is designated Medium Density Actions Pertaining to Rezone No. 22-0010
February 7, 2023

Residential in the General Plan, and the applicant has requested to rezone the Project Site from the C2 (Community Commercial) zone district to the RM-2-A (Multi-Family Residential – 3,500 square feet minimum lot area) zone district. The RM-2-A zone district is in conformance with the Medium Density Residential Land Use Designation and is consistent with the land use and development densities previously certified under the General Plan’s EIR.

FISCAL IMPACT
Adopting this resolution would result in a net increase in the fees collected for public services as a result of subsequent residential development.

Not adopting this resolution would likely result in no fees being collected for public services as a result of subsequent residential development.

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

Attachments:
- Figure 1 – Aerial photo
- Figure 2 – General Plan Land Uses
- Figure 3 – Current Zoning Map
- Ordinance No. 2023-01
- Exhibit A to Ordinance No. 2023-01
- Site Plan
Actions Pertaining to Rezone No. 22-0010
February 7, 2023

Figure 1 – Aerial Photo
Actions Pertaining to Rezone No. 22-0010
February 7, 2023

Figure 2 – General Plan Land Uses
Actions Pertaining to Rezone No. 22-0010
February 7, 2023

Figure 3 – Current Zoning Map
ORDINANCE NO. 2023-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING

THE OFFICIAL ZONING MAP OF THE CITY TO REFLECT A CHANGE OF ZONE FOR ASSESSOR’S PARCEL NO. 343-162-12 FROM THE C-2 (COMMUNITY COMMERCIAL) ZONE DISTRICT TO THE RM-2-A (MULTI-FAMILY
RESIDENTIAL – 3,500 SQUARE FOOT LOT AREA) ZONE DISTRICT; AND

ADOPTION OF A FINDING THAT THE ZONING AMENDMENT IS CONSISTENT WITH THE CITY’S GENERAL PLAN, IN ACCORDANCE WITH CEQA GUIDELINES SECTION 15183.

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

SECTION 1.

The Official Zoning Map of the City of Fowler is hereby amended to designate Assessor’s Parcel No. 343-162-12 with the RM-2-A (Multi-Family Residential – 3,500 square foot lot size) zone district as indicated in Exhibit “A” attached hereto.

SECTION 2.

The City Council hereby finds that the amendment of the Zoning Map of Assessor’s Parcel No. 343-162-12 to the RM-2-A (Multi-Family Residential – 3,500 square foot lot size) zone district is consistent with the City’s General Plan and is therefore not subject to further environmental review under the California Environmental Quality Act (“CEQA”), in accordance with Section 15183 of the CEQA Guidelines.

SECTION 3.

This ordinance shall take effect and be in full force and effect from and after thirty (30) days following its final passage and adoption. Within fifteen (15) days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.

The foregoing ordinance was introduced at a meeting of the City Council of Fowler held on the 7th day of February 2023 and passed and adopted at a regular meeting of the City Council held on the ______ day of ______________ 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________________
Angela Vasquez, Deputy City Clerk
Exhibit “A”
20'-0" PROPOSED CONCRETE DRIVEWAY DRIVE APPROACH PER CITY OF FOWLER STANDARD ST-27 EXISTING CURB & GUTTER NEW SIDEWALK PER COF STANDARD ST-22 PROPOSED 3' WIDE CONC. WALK PORCH NEW 6 FEET HT. WOOD FENCE, TYP. EXISTING WATER METER 40'-0"
(P) CARPORT GAS METERS MAIN ELECT. PANEL 200 AMP 15'-0" 27'-0" 8'-0" 10'-0" 20'-0" 8'-0" PROPOSED 4' WIDE CONC. WALK PROPOSED 4' WIDE CONC. WALK CONCRETE SLAB43'-4" 23'-4" MAIN ELECT. PANEL 200 AMP MAIN ELECT. PANEL 200 AMP 23'-4" 10'-0" 8'-0" 8'-0" SITE PLAN NORTH All design and ideas on these drawings are for use on the specified project and are not to be duplicated or published in any form without the written consent of AMG Drafting + Design REVISIONS Date: Dwn. by: Scale: Job # Sheet
Ph. (559) 308-8101
[email protected]
Alex M. Guzman
Chk. by: JAN/2022JA 1/4"=1'-0" 2016-033
PROPOSED TRIPLEX FOR:
113 NINETH STREET FOWLER CA 93625 AMG
MARIA ESCALANTE G.1 4.106.1 PRESERVATION AND USE OF AVAILABLE NATURAL RESOURCES SHALL BE ACCOMPLISHED THROUGH EVALUATION AND CAREFUL PLANNING TO MINIMIZE NEGATIVE EFFECTS ON THE SITE AND ADJACENT AREAS. PRESERVATION OF SLOPES, MANAGEMENT OF STORM WATER DRAINAGE AND EROSION CONTROLS SHALL COMPLY WITH THIS SECTION. DIVISION 4.1- PLANNING AND SITE DEVELOPMENT 4.201.1 FOR THE PURPOSES OF MANDATORY ENERGY EFFICIENCY STANDARD IN THIS CODE, THE CALIFORNIA ENERGY COMMISSION WILL CONTINUE TO ADOPT MANDATORY STANDARDS. DIVISION 4.2- ENERGY EFFICIENCY 4.303.1 PLUMBING FIXTURES (WATER CLOSETS AND URINALS) AND FITTINGS (FAUCETS AND SHOWERHEADS) SHALL COMPLY THE FOLLOWING: DIVISION 4.3- WATER EFFICIENCY & CONSERVATION SECTION 4.304 OUTDOOR WATER USE 4.304.1 AUTOMATIC IRRIGATION SYSTEM CONTROLLERS FOR LANDSCAPING PROVIDED BY THE BUILDER AND INSTALLED AT THE TIME OF FINAL INSPECTION SHALL COMPLY WITH THE FOLLOWING: 1. CONTROLLERS SHALL BE WEATHER- OR SOIL MOISTURE-BASED CONTROLLERS THAT AUTOMATICALLY ADJUST IRRIGATION IN RESPONSE TO CHANGES IN PLANTS WATERING NEEDS AS WEATHER OR SOIL CONDITION CHANGE. 2. WEATHER-BASED CONTROLLERS WITHOUT INTEGRAL RAIN SENSORS OR COMMUNICATION SYSTEMS THAT ACCOUNT FOR LOCAL RAINFALL SHALL HAVE A SEPARATE WIRED OR WIRELESS RAIN SENSOR WHICH CONNECTS OR COMMUNICATES WITH THE CONTROLLER(S). SOIL MOISTURE-BASED CONTROLLERS ARE NOT REQUIRED TO HAVE RAIN SENSOR INPUT. NOTE: MORE INFORMATION REGARDING IRRIGATION CONTROLLER FUNCTION AND SPECIFICATIONS IS AVAILABLE FROM THE IRRIGATION ASSOCIATION. DIVISION 4.4- MATERIAL CONSERVATION & RESOURCE EFFICIENCY 4.406.1 ANNULAR SPACES AROUND PIPES, ELECTRICAL CABLES, CONDUITS OR OTHER OPENINGS IN SOLE/BOTTOM PLATES AT EXTERIOR WALLS SHALL BE PROTECTED AGAINST THE PASSAGE OF RODENTS BY CLOSING SUCH OPENINGS WITH CEMENT MORTAR, CONCRETE MASONRY, OR A SIMILAR METHOD ACCEPTABLE TO THE ENFORCING AGENCY. SECTION 4.408 CONSTRUCTION WASTE REDUCTION, DISPOSAL & RECYCLING 4.408.1 RECYCLE AND/OR SALVAGE FOR REUSE A MINIMUM OF 65% OF THE NONHAZARDOUS CONSTRUCTION AND DEMOLITION WASTE IN ACCORDANCE WITH EITHER SECTION 4.408.2, 4.408.3 OR 4.408.4 OR MEET A MORE STRINGENT LOCAL CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE. EXCEPTIONS: 1. EXCAVATED SOIL & LAND-CLEARING DEBRIS. 2. ALTERNATE WASTE REDUCTION METHODS DEVELOPED BY WORKING WITH LOCAL ENFORCING AGENCIES IF DIVERSION OR RECYCLE FACILITIES OF COMPLIANCE WITH THIS ITEM DO NOT EXIST OR ARE NOT LOCATED REASONABLY CLOSE TO THE JOBSITE. 3. THE ENFORCING AGENCY MAY MAKE EXCEPTIONS TO THE REQUIREMENTS OF THIS SECTION WHEN ISOLATED JOBSITES ARE LOCATED IN AREAS BEYOND THE HAUL BOUNDARIES OF THE DIVERSION FACILITY. 4.408.2 SUBMIT A CONSTRUCTION WASTE MANAGEMENT PLAN IN CONFORMANCE WITH ITEMS 1 THROUGH 5. THE CONSTRUCTION WASTE MANAGM\ENT PLAN SHALL BE UPDATED AS NECESSARY AND SHALL BE AVAILABLE DURING CONSTRUCTION FOR EXAMINATION BY THE ENFORCING AGENCY.: 1. IDENTIFY THE CONSTRUCTION AND DEMOLITION WASTE MATERIALS TO BE DIVERTED FROM DISPOSAL BY RECYCLING, REUSE ON THE PROJECT OR SALVAGE FOR FUTURE USE OR SALE. 2. SPECIFY IF CONSTRUCTION AND DEMOLITION WASTE MATERIALS WILL BE SORTED ON SITE (SOURCE-SEPARATED) OR BULK MIXED (SINGLE STREAM).. 3. IDENTIFY DIVERSION FACILITIES WHERE THE CONSTRUCTION AND DEMOLITION WASTE WILL BE TAKEN. 4. IDENTIFY CONSTRUCTION METHODS EMPLOYED TO REDUCE THE AMOUNT OF CONSTRUCTION AND DEMOLITION WASTE GENERATED. 5. SPECIFY THE AMOUNT OF CONSTRUCTION & DEMOLITION WASTE MATERIALS DIVERTED SHALL BE CALCULATED BY WEIGHT OR VOLUME, BUT NOT BY BOTH. 4.408.3 UTILIZE A WASTE MANAGEMENT COMPANY, APPROVED BY THE ENFORCING AGENCY, WHICH CAN PROVIDE VERIFIABLE DOCUMENTATION THAT THE PERCENTAGE OF CONSTRUCTION AND DEMOLITION WASTE MATERIAL DIVERTED FROM THE LANDFILL COMPLIES WITH SECTION 4.408.1. NOTE: THE OWNER OR CONTRACTOR MAY MAKE THE DETERMINATION IF THE CONSTRUCTION AND DEMOLITION WASTE MATERIALS WILL BE DIVERTED BY A WASTE MANAGEMENT COMPANY. 4.410.1 AT THE TIME OF FINAL INSPECTION, A MANUAL, COMPACT DISK, WEB-BASED REFERENCE OR OTHER MEDIA ACCEPTABLE TO THE ENFORCING AGENCY WHICH INCLUDES ALL OF THE FOLLOWING SHALL BE PLACED IN THE BUILDING: 1. DIRECTIONS TO THE OWNER OR OCCUPANT THAT THE MANUAL SHALL REMAIN WITH THE BUILDING THROUGHOUT THE LIFE CYCLE OF THE STRUCTURE. 2. OPERATION AND MAINTENANCE INSTRUCTIONS FOR THE FOLLOWING: A. EQUIPMENT AND APPLIANCES, INCLUDING WATER-SAVING DEVICES AND SYSTEMS, HVAC SYSTEMS, WATER-HEATING SYSTEMS, AND OTHER MAJOR APPLIANCES AND EQUIPMENT. B. ROOF AND YARD DRAINAGE, INCLUDING GUTTERS AND DOWNSPOUTS. C. SPACE CONDITIONING SYSTEMS, INCLUDING CONDENSERS AND AIR FILTERS. D. LANDSCAPE IRRIGATION SYSTEMS. E. WATER REUSE SYSTEMS. 3. INFORMATION FROM LOCAL UTILITY, WATER AND WATER RECOVERY PROVIDERS ON METHODS TO FURTHER REDUCE RESOURCE CONSUMPTION, INCLUDING RECYCLE PROGRAMS AND LOCATIONS. 4. PUBLIC TRANSPORTATION AND/OR CARPOOL OPTIONS AVAILABLE IN THE AREA. 5. EDUCATIONAL MATERIAL ON THE POSITIVE IMPACTS OF AN INTERIOR RELATIVE HUMIDITY BETWEEN 30-60 PERCENT AND WHAT AN OCCUPANT MAY USE TO MAINTAIN THE RELATIVE HUMIDITY LEVEL IN THAT RANGE. 6. INFORMATION ABOUT WATER-CONSERVING LANDSCAPE AND IRRIGATION DESIGN AND CONTROLLERS WHICH CONSERVE WATER. 7. INSTRUCTIONS FOR MAINTAINING GUTTERS AND DOWNSPOUTS AND THE IMPORTANCE OF DIVERTING WATER AT LEAST 5 FEET AWAY FROM THE FOUNDATION. 8. INFORMATION ON REQUIRED ROUTINE MAINTENANCE MEASURES, INCLUDING, BUT NOT LIMITED TO, CAULKING, PAINTING, GRADING AROUND THE BUILDING ETC. 9. INFORMATION ABOUT STATE SOLAR ENERGY AND INCENTIVE PROGRAMS AVAILABLE. 10. A COPY OF ALL SPECIAL INSPECTION VERIFICATIONS REQUIRED BY THE ENFORCING AGENCY OR THIS CODE. SECTION 4.410 BUILDING MAINTENANCE & OPERATION 4.106.3 CONSTRUCTION PLANS SHALL INDICATE HOW THE SITE GRADING OR DRAINAGE SYSTEM WILL MANAGE ALL SURFACE WATER FLOWS TO KEEP WATER FROM ENTERING BUILDINGS. EXAMPLES OF METHODS TO MANAGE SURFACE WATER INCLUDE, BUT ARE NOT LIMITED, TO THE FOLLOWING: 1. SWALES 2. WATER COLLECTION AND DISPOSAL SYSTEM. 3. FRENCH DRAINS. 4. WATER RETENTION GARDENS. 5. OTHER WATER MEASURES WHICH KEEP SURFACE WATER AWAY FROM BUILDINGS AND AID IN GROUNDWATER RECHARGE. EXCEPTION: ADDITIONS AND ALTERATIONS NOT ALTERING THE DRAINAGE PATH. 4.106.2 PROJECTS WHICH DISTURB LESS THAN ONE ACRE OF SOIL AND ARE NOT PART OF A LARGER COMMON PLAN OF DEVELOPMENT WHICH IN TOTAL DISTURBS ONE ACRE OR MORE, SHALL MANAGE STORM WATER DURING CONSTRUCTION TO PREVENT FLOODING OF ADJACENT PROPERTY, PREVENT EROSION AND RETAIN SOIL RUNOFF ON THE SITE; SHALL COMPLY WITH ONE OR MORE OF THE FOLLOWING METHODS: 1. RETENTION BASINS OF SUFFICIENT SIZE SHALL BE UTILIZED TO RETAIN STORM WATER ON THE SITE. 2. WHERE STORM WATER IS CONVEYED TO A PUBLIC DRAINAGE SYSTEM, COLLECTION POINT, GUTTER OR SIMILAR DISPOSAL METHOD, WATER SHALL BE FILTERED BY USE OF A BARRIER, WATTLE OR OTHER METHOD APPROVED BY THE ENFORCING AGENCY. 3. COMPLIANCE WITH A LAWFULLY ENACTED STORM WATER MANAGEMENT ORDINANCE. SECTION 4.303 INDOOR WATER USE 4.303.1.1 WATER CLOSETS EFFECTIVE FLUSH VOLUME SHALL NOT EXCEED 1.28 GALLONS PER FLUSH. TANK-TYPE WATER CLOSETS SHALL BE CERTIFIED TO THE PERFORMANCE CRITERIA OF THE U.S. E.P.A. WATERSENCE SPECULATION FOR TANK-TYPE TOILETS. NOTE: THE EFFECTIVE FLUSH VOLUME OF DUAL FLUSH TOILETS IS DEFINED AS THE COMPOSITE AVERAGE FLUSH VOLUME OF TWO REDUCED FLUSHES AN ONE FULL FLUSH. 4.303.1.2 URINALS EFFECTIVE FLUSH VOLUME SHALL NOT EXCEED 0.5 GALLONS PER FLUSH. 4.303.1.3 SHOWERHEADS. 4.303.1.3.1 SINGLE SHOWERHEADS SHALL HAVE A MAXIMUM FLOW RATE OF NOT MORE THAN 1.8 GALLONS PER MINUTE @ 80 P.S.I. SHOWERHEADS SHALL BE CERTIFIED TO THE PERFORMANCE CRITERIA OF THE U.S. E.P.A. WATERSENCE SPECULATION FOR SHOWERHEADS. 4.303.1.3.2 MULTIPLE SHOWERHEADS SERVING ONE SHOWER, THE COMBINED FLOW RATE OF ALL SHOWERHEADS AND/OR OTHER SHOWER OUTLETS CONTROLLED BY SINGLE VALVE SHALL NOT EXCEED 1.8 GALLONS PER MINUTE @ 80 P.S.I., OR THE SHOWER SHALL BE DESIGNED TO ALLOW ONLY ONE SHOWER OUTLET TO BE OPERATED AT AT TIME. NOTE: A HAND-HELD SHOWER SHALL BE CONSIDERED A SHOWERHEAD. 4.303.1.4 FAUCETS. 4.303.1.4.1 RESIDENTIAL LAVATORY FAUCETS SHALL HAVE A MAXIMUM FLOW RATE NOT TO EXCEED 1.2 GALLONS PER MINUTE @ 60 P.S.I. THE MINIMUM FLOW RATE SHALL NOT BE LESS THEN 0.8 GALLONS PER MINUTE @ 20 P.S.I. 4.303.1.4.2 THE MAXIMUM FLOW RATE OF LAVATORY FAUCET INSTALLED IN COMMON AND PUBLIC AREAS (OUTSIDE OF DWELLING OR SLEEPING UNITS) IN RESIDENTIAL BUILDINGS SHALL NOT EXCEED 0.5 GALLONS PER MINUTE @ 60 P.S.I. 4.303.1.4.3 METERING FAUCETS WHEN INSTALLED IN RESIDENTIAL BUILDINGS SHALL NOT DELIVER MORE THAN 0.20 GALLONS PER CYCLE. 4.303.1.4.4 THE MAXIMUM FLOW RATE OF KITCHEN FAUCETS SHALL NOT EXCEED 1.8 GALLONS PER MINUTE @ 60 P.S.I. KITCHEN FAUCETS MAY TEMPORARILY INCREASE THE FLOW ABOVE THE MAXIMUM RATE, BUT NOT TO EXCEED 2.2 GALLONS PER MINUTE @ 60 P.S.I., AND MUST DEFAULT TO A MAXIMUM FLOW RATE OF 1.8 GALLONS PER MINUTE @ 60 P.S.I. NOTE: WHEN COMPLYING FAUCETS ARE UNAVAILABLE, AERATORS OR OTHER MEANS MAY BE USED TO ACHIEVE REDUCTION. 4.303.2 STANDARDS FOR PLUMBING FIXTURES AND FITTINGS SHALL BE INSTALLED IN ACCORDANCE WITH THE CALIFORNIA PLUMBING CODE, AND SHALL MEET THE APPLICABLE STANDARDS REFERENCED IN TABLE 1401.1. SECTION 4.406 ENHANCED DURABILITY & REDUCED MAINTAINENCE 4.408.4 WASTE STREAM REDUCTION ALTERNATIVE (I.R). PROJECTS THAT GENERATE A TOTAL COMBINED WEIGHT OF CONSTRUCTION AND DEMOLITION WASTE DISPOSED OF IN LANDFILLS, WHICH DO NOT EXCEED FOUR (4) LBS./SQ. FT. OF THE BUILDING AREA SHALL MEET THE MINIMUM 65-PERCENT CONSTRUCTION WASTE REDUCTION REQUIREMENTS IN SECTION 4.408.1. 4.408.4.1 WASTE STREAM REDUCTION ALTERNATIVE. PROJECTS THAT GENERATE A TOTAL COMBINED WEIGHT OF CONSTRUCTION AND DEMOLITION WASTE DISPOSED OF IN LANDFILLS, WHICH DO NOT EXCEED TWO (2) LBS./SQ. FT. OF THE BUILDING AREA, SHALL MEET THE MINIMUM 65-PERCENT CONSTRUCTION WASTE REDUCTION REQUIREMENTS IN SECTION 4.408.1. 4.408.5 DOCUMENTATION SHALL BE PROVIDED TO THE ENFORCING AGENCY WHICH DEMONSTRATES COMPLIANCE WITH SECTION 4.408.2, ITEMS 1 THROUGH 5, SECTION 4.408.3 OR SECTION 4.408.4. NOTES: 1. SAMPLE FORMS FOUND IN "A GUIDE TO THE CALIFORNIA GREEN BUILDING STANDARDS CODE (RESIDENTIAL)" LOCATED AT WWW.HCD.CA.GOV/CALGREEN.HTML MAY BE USED TO ASSIST IN DOCUMENTING COMPLIANCE WITH THIS SECTION. 2. MIXED CONSTRUCTION AND DEMOLITION DEBRIS (C&D) PROCESSORS CAN BE LOCATED AT THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE). SECTION 4.504 POLLUTION CONTROL 4.504.1 AT THE TIME OF ROUGH INSTALLATION, DURING STORAGE ON THE CONSTRUCTION SITE AND UNTIL FINAL STARTUP OF THE HEATING, COOLING AND VENTILATION EQUIPMENT, ALL DUCT AND OTHER RELATED AIR DISTRIBUTION COMPONENT OPENINGS SHALL BE COVERED WITH TAPE, PLASTIC, SHEETMETAL OR OTHER METHODS ACCEPTABLE TO THE ENFORCING AGENCY TO REDUCE THE AMOUNT OF WATER, DUST AND DEBRIS, WHICH MAY ENTER THE SYSTEM. 4.504.2.3 AEROSOL PAINTS AND COATINGS SHALL MEET THE PRODUCT-WEIGHTED MIR LIMITS FOR ROC IN SECTION 94522(A)(3) AND OTHER REQUIREMENTS, INCLUDING PROHIBITIONS ON USE OF CERTAIN TOXIC COMPOUNDS AND OZONE DEPLETING SUBSTANCES, IN SECTION 94522(C)(2) AND (D)(2) OF CALIFORNIA CODE OF REGULATIONS, TITLE 17, COMMENCING WITH SECTION 94520; AND IN AREAS UNDER THE JURISDICTION OF THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT ADDITIONALLY COMPLY WITH THE PERCENT VOC BY WEIGHT OF PRODUCT LIMITS OF REGULATION 8, RULE 49. SECTION 4.506 INDOOR AIR QUALITY AND EXHAUST 4.506.1 EACH BATHROOM SHALL BE MECHANICALLY VENTILATED AND SHALL COMPLY WITH THE FOLLOWING: 1. FANS SHALL BE "ENERGY STAR" COMPLIANT & BE DUCTED TO TERMINATE TO THE OUTSIDE OF THE BUILDING. 2. UNLESS FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, FANS MUST HAVE A HUMIDITY-CONTROL DEVICE. A. HUMIDITY CONTROLS SHALL BE CAPABLE OF ADJUSTMENT BETWEEN A RELATIVE HUMIDITY RANGE OF =< 50 PERCENT TO A MAXIMUM OF 80 PERCENT. A HUMIDITY CONTROL MAY UTILIZE MANUAL OR AUTOMATIC MEANS OF ADJUSTMENT. B. A HUMIDITY CONTROL MAY BE A SEPARATE COMPONENT TO THE EXHAUST FAN AND IS NOT REQUIRED TO BE INTEGRAL (I.E., BUILT-IN). NOTES: 1. FOR THE PURPOSES OF THIS SECTION, A BATHROOM IS A ROOM WHICH CONTAINS A BATHTUB, SHOWER OR TUB/SHOWER COMBINATION. 2. LIGHTING INTEGRAL TO BATHROOM EXHAUST FANS SHALL COMPLY WITH THE CALIFORNIA ENERGY CODE. CALIFORNIA GREEN BUILDING STANDARD CODE SECTION 4.504 POLLUTION CONTROL 4.504.1 AT THE TIME OF ROUGH INSTALLATION, DURING STORAGE ON THE CONSTRUCTION SITE AND UNTIL FINAL STARTUP OF THE HEATING, COOLING AND VENTILATION EQUIPMENT, ALL DUCT AND OTHER RELATED AIR DISTRIBUTION COMPONENT OPENINGS SHALL BE COVERED WITH TAPE, PLASTIC, SHEETMETAL OR OTHER METHODS ACCEPTABLE TO THE ENFORCING AGENCY TO REDUCE THE AMOUNT OF WATER, DUST AND DEBRIS, WHICH MAY ENTER THE SYSTEM. 4.504.2.1 ADHESIVES, SEALANTS & CAULKS USED ON THE PROJECT SHALL MEET THE REQUIREMENTS OF THE FOLLOWING STANDARDS UNLESS MORE STRINGENT LOCAL OR REGIONAL AIR POLLUTION OR AIR QUALITY MANAGEMENT DISTRICT RULES APPLY: 1. ADHESIVES, ADHESIVE BONDING PRIMERS, ADHESIVE PRIMERS, SEALANTS, SEALANT PRIMERS, AND CAULKS SHALL COMPLY WITH LOCAL OR REGIONAL AIR POLLUTION OR AIR QUALITY MANAGEMENT DISTRICT RULES WHERE APPLICABLE OR SCAQMD RULE 1168 VOC LIMITS, AS SHOWN IN TABLE 4.504.1 OR 4.504.2, AS APPLICABLE. SUCH PRODUCTS ALSO SHALL COMPLY WITH THE RULE 1168 PROHIBITION ON THE USE OF CERTAIN TOXIC COMPOUNDS (CHLOROFORM, ETHYLENE DICHLORIDE, METHYLENE CHLORIDE, PERCHLOROETHYLENE AND TRICHLOROETHYLENE), EXCEPT FOR AEROSOL PRODUCTS, AS SPECIFIED IN SUBSECTION 2 BELOW. 2. AEROSOL ADHESIVES, AND SMALLER UNIT SIZES OF ADHESIVES, AND SEALANTS OR CAULKING COMPOUNDS (IN UNITS OF PRODUCT, LESS PACKAGING, WHICH DO NOT WEIGH MORE THAN 1 POUND AND DO NOT CONSIST OF MORE THAN 16 FLUID OUNCES) SHALL COMPLY WITH STATEWIDE VOC STANDARDS AND OTHER REQUIREMENTS, INCLUDING PROHITITIONS ON USE OF CERTAIN TOXIC COMPOUNDS, OF CALIFORNIA CODE OF REGULATIONS, TITLE 17, COMMENCING WITH SECTION 94507. 4.504.3 ALL CARPET INSTALLED IN THE BUILDING INTERIOR SHALL MEET THE TESTING & PRODUCT REQUIREMENTS OF ONE OF THE FOLLOWING: 1. CARPET & RUG INSTITUTE'S GREEN LABEL PLUS PROGRAM. 2. CALIFORNIA DEPARTMENT OF PUBLIC HEALTH "STANDARD METHOD FOR THE TESTING & EVALUATION OF VOLATILE ORGANIC CHEMICAL EMISSIONS FROM INDOOR SOURCES USING ENVIRONMENTAL CHAMBERS," VERSION 1.1 FEBRUARY, 2010 (ALSO KNOWN AS SPECIFICATION 01350). 3. NSF/ANSI 140 AT THE GOLD LEVEL. 4. SCIENTIFIC CERTIFICATION SYSTEM INDOOR ADVANTAGE (TM) GOLD. 4.504.3.1 ALL CARPET CUSHION INSTALLED IN THE BUILDING INTERIOR SHALL MEET THE REQUIREMENTS OF THE CARPET AND RUG INSTITUTE GREEN LABEL PROGRAM. 4.504.3.2 ALL CARPET ADHESIVES SHALL MEET THE REQUIREMENT OF TABLE 4.504.1. 4.504.4 WHERE RESILIENT FLOORING IS INSTALLED, AT LEAST 80 PERCENT OF THE FLOOR AREA RECEIVING RESILIENT FLOORING SHALL COMPLY WITH ONE OR MORE OF THE FOLLOWING: 1. VOC EMISSIONS LIMITS DEFINED IN THE COLLABORATIVE FOR HIGH PERFORMANCE SCHOOLS (CHPS) HIGH PERFORMANCE PRODUCTS DATABASE. 2. PRODUCTS COMPLIANT WITH CHPS CRITERIA CERTIFIED UNDER THE GREENGUARD CHILDREN & SCHOOL PROGRAM. 3. CERTIFICATION UNDER THE RESILIENT FLOOR COVERING INSTITUTE (RFCI) FLOORSCORE PROGRAM. 4. MEET THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH "STANDARD METHOD FOR THE TESTING & EVALUATION OF VOLATILE ORGANIC CHEMICAL EMISSIONS FROM INDOOR SOURCES USING ENVIRONMENTAL CHAMBERS," VERSION 1.1 FEBRUARY, 2010 (ALSO KNOWN AS SPECIFICATION 01350). 4.504.5 HARDWOOD PLYWOOD, PARTICLEBOARD AND MEDIUM DENSITY FIBERBOARD COMPOSITE WOOD PRODUCTS USED ON THE INTERIOR OR EXTERIOR OF THE BUILDING SHALL MEET THE REQUIREMENTS FOR LOW FORMALDEHYDE AS SPECIFIED IN ARB'S AIR TOXICS CONTROL MEASURE FOR COMPOSITE WOOD (17 CCR 93120 ET SEQ.), BY OR BEFORE THE DATES SPECIFIED IN THOSE SECTIONS AS SHOWN IN TABLE 4.504.4. 4.504.2 FINISH MATERIALS SHALL COMPLY WITH THIS SECTION. 4.504.2.2 ARCHITECTURAL PAINTS AND COATINGS SHALL COMPLY VOC LIMITS IN TABLE 1 OF THE ARB ARCHITECTURAL SUGGESTED CONTROL MEASURE, AS SHOWN IN TABLE 4.504.3, UNLESS MORE STRINGENT LOCAL LIMITS APPLY. THE VOC CONTENT LIMIT FOR COATINGS THAT DO NOT MEET THE DEFINITIONS FOR THE SPECIALTY COATINGS CATEGORIES IN TABLE 4.504.3 SHALL BE DETERMINED BY CLASSIFYING THE COATING AS FLAT, NONFLAT OR NONFLAT-HIGH GLOSS COATING, BASED ON ITS GLOSS, AS DEFINED IN SUBSECTION 4.21, 4.36 AND 4.37 OF THE 2007 CALIFORNIA AIR RESOURCES BOARD, SUGGESTED CONTROL MEASURE, AND THE CORRESPONDING FLAT, NONFLAT OR NONFLAT-HIGH GLOSS VOC LIMIT IN TABLE 4.504.3 SHALL APPLY. 4.504.2.3 AEROSOL PAINTS AND COATINGS SHALL MEET THE PRODUCT-WEIGHTED MIR LIMITS FOR ROC IN SECTION 94522(A)(3) AND OTHER REQUIREMENTS, INCLUDING PROHIBITIONS ON USE OF CERTAIN TOXIC COMPOUNDS AND OZONE DEPLETING SUBSTANCES, IN SECTION 94522(C)(2) AND (D)(2) OF CALIFORNIA CODE OF REGULATIONS, TITLE 17, COMMENCING WITH SECTION 94520; AND IN AREAS UNDER THE JURISDICTION OF THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT ADDITIONALLY COMPLY WITH THE PERCENT VOC BY WEIGHT OF PRODUCT LIMITS OF REGULATION 8, RULE 49. 4.504.2.4 VERIFICATION OF COMPLIANCE WITH THIS SECTION SHALL BE PROVIDED AT THE REQUEST OF THE ENFORCING AGENCY. DOCUMENTATION MAY INCLUDE , BUT IS NOT LIMITED TO THE FOLLOWING: 1. MANUFACTURER'S PRODUCT SPECIFICATION. 2. FIELD VERIFICATION OF ON-SITE PRODUCT CONTAINERS. 4.504.5.1 VERIFICATION OF COMPLIANCE WITH THIS SECTION SHALL BE PROVIDED AT THE REQUEST OF THE ENFORCING AGENCY. DOCUMENTATION SHALL INCLUDE AT LEAST ONE OF THE FOLLOWING: 1. PRODUCT CERTIFICATION AND SPECIFICATION. 2. CHAIN OF CUSTODY CERTIFICATION.T 3. PRODUCT LABELED AND INVOICED AS MEETING THE COMPOSITE WOOD PRODUCT REGULATION (SEE CCR, TITLE 17, SECTION 93120, ET SEQ.). 4. EXTERIOR GRADE PRODUCTS MARKED AS MEETING THE PS-1 OR PS-2 STANDARDS OF THE ENGINEERED WOOD ASSOCIATION, THE AUSTRALIAN AS/NZS 2269 OR EUROPEAN 636 3S STANDARD. 5. OTHER METHODS ACCEPTABLE TO THE ENFORCING AGENCY. 4.505.2.1 A CAPILLARY BREAK SHALL BE INSTALLED IN COMPLIANCE WITH AT LEAST OF THE FOLLOWING: 1. A 4-INCH THICK BASE OF 1/2-INCH (MIN.) OR LARGER CLEAN AGGREGATE SHALL BE PROVIDED WITH A VAPOR RETARDER IN DIRECT CONTACT WITH CONCRETE AND A CONCRETE MIX DESIGN, WHICH WILL ADDRESS BLEEDING, SHRINKAGE AND CURING. FOR ADDITIONAL INFORMATION, SEE AMERICAN CONCRETE INSTITUTE, ACI 302.2R-06. 2. OTHER EQUIVALENT METHODS APPROVED BY THE ENFORCING AGENCY. 3. A SLAB DESIGN SPECIFIED BY A LICENSED DESIGN PROFESSIONAL. 4.505.3 BUILDING MATERIALS WITH VISIBLE SIGNS OF WATER DAMAGE SHALL NOT BE INSTALLED. WALL & FLOOR FRAMING SHALL NOT BE ENCLOSED WHEN THE FRAMING MEMBERS EXCEED 19-PERCENT MOISTURE CONTENT. MOISTURE CONTENT SHALL BE VERIFIED IN COMPLIANCE WITH THE FOLLOWING: 1. MOISTURE CONTENT SHALL BE DETERMINED WITH EITHER A PROBE-TYPE OR CONTACT-TYPE MOISTURE METER. EQUIVALENT MOISTURE VERIFICATION METHODS MAY BE APPROVED BY THE ENFORCING AGENCY AND SHALL SATISFY REQUIREMENTS FOUND IN SECTION 101.8 OF THIS CODE. 2. MOISTURE READINGS SHALL BE TAKEN AT A POINT 2 FEET TO 4 FEET FROM THE GRADE STAMPED END OF EACH PIECE TO BE VERIFIED. 3. AT LEAST THREE RANDOM MOISTURE READINGS SHALL BE PERFORMED ON WALL AND FLOOR FRAMING WITH DOCUMENTATION ACCEPTABLE TO THE ENFORCING AGENCY PROVIDED AT THE TIME OF APPROVAL TO ENCLOSE THE WALL AND FLOOR FRAMING. INSULATION PRODUCTS WHICH ARE VISIBLY WET OR HAVE A HIGH MOISTURE CONTENT SHALL BE REPLACED OR ALLOWED TO DRY PRIOR TO ENCLOSURE IN WALL OR FLOOR CAVITIES. WET-APPLIED INSULATION PRODUCTS SHALL FOLLOW THE MANUFACTURERS' DRYING RECOMMENDATIONS PRIOR TO ENCLOSURE. SECTION 4.506 INDOOR AIR QUALITY AND EXHAUST 4.506.1 EACH BATHROOM SHALL BE MECHANICALLY VENTILATED AND SHALL COMPLY WITH THE FOLLOWING: 1. FANS SHALL BE "ENERGY STAR" COMPLIANT & BE DUCTED TO TERMINATE TO THE OUTSIDE OF THE BUILDING. 2. UNLESS FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM, FANS MUST HAVE A HUMIDITY-CONTROL DEVICE. A. HUMIDITY CONTROLS SHALL BE CAPABLE OF ADJUSTMENT BETWEEN A RELATIVE HUMIDITY RANGE OF =< 50 PERCENT TO A MAXIMUM OF 80 PERCENT. A HUMIDITY CONTROL MAY UTILIZE MANUAL OR AUTOMATIC MEANS OF ADJUSTMENT. B. A HUMIDITY CONTROL MAY BE A SEPARATE COMPONENT TO THE EXHAUST FAN AND IS NOT REQUIRED TO BE INTEGRAL (I.E., BUILT-IN). NOTES: 1. FOR THE PURPOSES OF THIS SECTION, A BATHROOM IS A ROOM WHICH CONTAINS A BATHTUB, SHOWER OR TUB/SHOWER COMBINATION. 2. LIGHTING INTEGRAL TO BATHROOM EXHAUST FANS SHALL COMPLY WITH THE CALIFORNIA ENERGY CODE. SECTION 4.507 ENVIRONMENTAL COMFORT 4.507.2 HEATING & AIR CONDITIONING SYSTEMS SHALL BE SIZED, DESIGNED AND HAVE THEIR EQUIPMENT SELECTED USING THE FOLLOWING METHODS: 1. HEAT LOSS AND GAIN IS ESTABLISHED ACCORDING TO ANSI/ACCA 2 MANUAL J- 2004 (RESIDENTIAL LOAD CALCULATION), ASHRAE HANDBOOKS OR OTHER EQUIVALENT DESIGN SOFTWARE OR METHODS. 2. DUCT SYSTEM ARE SIZED ACCORDING TO ANSI/ACCA 1 MANUAL D- 2009 (RESIDENTIAL DUCT SYSTEMS), ASHRAE HANDBOOKS OR OTHER EQUIVALENT DESIGN SOFTWARE OR METHODS. 3. SELECT HEATING AND COOLING EQUIPMENT ACCORDING TO ANSI/ACCA 3 MANUAL S- 2004 (RESIDENTIAL EQUIPMENT SELECTION) OR OTHER EQUIVALENT DESIGN SOFTWARE OR METHODS. EXCEPTION: USE OF ALTERNATE DESIGN TEMPERATURES NECESSARY TO ENSURE FUNCTIONALITY ARE ACCEPTABLE. CHAPTER 7- INSTALLER & SPECIAL INSPECTOR (QUALIFICATIONS & VERIFICATIONS) 702.1 HVAC SYSTEM INSTALLERS SHALL BE TRAINED AND CERTIFIED IN THE PROPER INSTALLATION OF HVAC SYSTEMS AND EQUIPMENT BY A RECOGNIZED TRAINING OR CERTIFICATION PROGRAM. EXAMPLES OF ACCEPTABLE HVAC TRAINING AND CERTIFICATION PROGRAMS, INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: 1. STATE CERTIFIED APPRENTICESHIP PROGRAMS. 2. PUBLIC UTILITY TRAINING PROGRAMS. 3. TRAINING PROGRAMS SPONSORED BY TRADE, LABOR OR STATEWIDE ENERGY CONSULTING OR VERIFICATION ORGANIZATIONS. 4. PROGRAMS SPONSORED BY MANUFACTURING ORGANIZATIONS. 5. OTHER PROGRAMS ACCEPTABLE TO THE ENFORCING AGENCY.. 702.2 SPECIAL INSPECTORS MUST BE QUALIFIED AND ABLE TO DEMONSTRATE COMPETENCE TO THE ENFORCING AGENCY IN THE DISCIPLINE IN WHICH THEY ARE INSPECTING. 703.1 DOCUMENTATION OF COMPLIANCE SHALL INCLUDE, BUT IS NOT LIMITED TO, CONSTRUCTION DOCUMENTS, PLANS, SPECIFICATIONS, BUILDER OR INSTALLER CERTIFICATION, INSPECTION REPORTS, OR OTHER METHODS ACCEPTABLE TO THE LOCAL ENFORCING AGENCY. OTHER SPECIFIC DOCUMENTATION OR SPECIAL INSPECTIONS NECESSARY TO VERIFY COMPLIANCE ARE SPECIFIED IN APPROPRIATE SECTIONS OF CALGREEN. SECTION 4.505 INTERIOR MOISTURE CONTROL 4.505.2 CONCRETE SLAB FOUNDATIONS REQUIRED TO HAVE A VAPOR RETARDER BY THE CALIFORNIA BUILDING CODE, CHAPTER 19 OR CONCRETE SLAB-ON-GROUND FLOORS REQUIRED TO HAVE A VAPOR RETARDER BY THE CALIFORNIA RESIDENTAIL CODE, CHAPTER 5, SHALL ALSO COMPLY WITH THIS SECTION.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 9-Biii

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM DAWN E. MARPLE, City Planner

SUBJECT
Actions pertaining to Conditional Use Permit No. 19-02 for a request to construct a 34-room, two-story hotel and a 2,150-square foot residence, at 312 West Tuolumne Street (APN: 343-110-13).

1. ADOPT a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332

2. APPROVE Resolution No. 2625, reversing the Planning Commission’s decision and approving Conditional Use Permit No. 19-02

RECOMMENDATION
Staff recommend the City Council reverse the Planning Commission’s decision and approve Resolution No. 2625 to approve Conditional Use Permit (CUP) Application No. 19-02, subject to the conditions of approval, and finding that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15332.

While the Planning Commission technically denied the Project by not taking an action on the project, the Planning Commission did not make findings in its inaction. Therefore, staff cannot infer its recommendation.

The decision of the City Council is final. The City Council is empowered to grant or deny applications for CUPs and to impose reasonable conditions upon granting approval.

Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

BACKGROUND
The Planning Commission held three (3) public hearings on the aforementioned Conditional Use Permit. The first two (2) hearings resulted in a request to refer back to staff for the following reasons:
revised site plan, revised elevations, and feedback from the City’s new Chief of Police. These requests were fulfilled. On November 3, 2022, the Planning Commission technically denied the Conditional Use Permit without findings by not formally taking an action. (Two (2) failed motions were made.) The subject parcel is zoned C-2 (Community Commercial), within the Highway Beautification (HB) Overlay District, and is planned for Community Commercial land uses by the City of Fowler General Plan. The site, approximately 0.89 acres, is currently vacant and is located on the north side of West Tuolumne Street between State Route 99 and North 10th Street (APN 343-110-13). Hotel and residential uses are subject to a Conditional Use Permit in accordance with Section 9-5.1105 of the Fowler Zoning Ordinance. Residential uses in the C-2 zone district must be placed above or to the rear of the permitted use, and are subject to the RM-3 zone district standards.

The Project’s public street frontage along Tuolumne Street is not normal. The half of Tuolumne Street opposite of the project was vacated in 2006 as part of the La Quinta Inn project in order to accommodate its parking lot and circulation behind the hotel. Despite lacking half of the typical street, the Project has sufficient street width to accommodate the proposed traffic. The California Building Code ensures that noise levels inside the rooms will not exceed 45 decibels, a standard that has to be met for residential homes as well. Furthermore, staff has conditioned the project to install a stop sign at the intersection of Tuolumne Street and 10th Street to reduce vehicular conflicts. Additionally, the project proposes to vacate a portion of Tuolumne Street to remove the existing half cul-de-sac. A separate application for the vacation will be required to be submitted for City Council consideration.

The Development Review Committee reviewed the Project and approved the building elevations subject to the recommendations outlined in the attached letter dated, March 23, 2022. The proposed elevations can be found under Figure 5. In addition to the Development Review Committee, staff has verified that the project conforms to the higher quality aesthetic requirements under the Highway Beautification Overlay ordinance.

APPEAL
The applicant submitted an appeal of the Planning Commission’s decision on November 10, 2022, within the required ten (10) day period.

CONDITIONAL USE PERMIT FINDINGS
Findings are required to be made, whether the action is to approve or deny. As all findings must be made in order to approve a Conditional Use Permit, a denial must make at least one of the findings in the negative (and must provide findings for all).

The zoning ordinance requires the City Council to make the following findings for approval of a CUP:

1. The site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the Zoning Ordinance.

Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

Conditional Use Permit Application No. 19-02 is proposed on approximately 0.89 acres and the proposed site is adequate size and shape to accommodate all of the proposed uses as it complies with all setbacks, and parking aisle and stall dimension requirements. The project, as conditioned, will accommodate turning movements for the largest expected vehicle for each proposed use. The site will accommodate the uses pursuant to the Fowler Zoning Ordinance.

2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

While half of Tuolumne Street was abandoned to accommodate the La Quinta Inn project, the existing surrounding streets are of adequate size and capacity to facilitate the amount of traffic that will be generated by the proposed use. The Project has been conditioned to reposition the building and other site features in order to accommodate emergency vehicles, as well as to install a stop sign at Tuolumne and 10th Streets. The Southwest Area Traffic Study prepared in 2015 analyzed this area and determined there would be no impacts to traffic.

3. The proposed use will have no adverse effect upon abutting property or the use thereof.

Operation of Conditional Use Permit Application No. 19-02 will not impact abutting property as the surrounding properties are zoned C-2 and C-H and planned for commercial uses. The hotel use, as well as its parking lot, are conditioned to be placed as far away as possible from adjacent legal nonconforming residential uses. All lights are required to be hooded and placed in a fashion as not to cause light or glare to spill onto adjacent properties. The building will reduce the level of existing freeway noise experienced by neighboring properties, including the additional noise from traffic.

4. The conditions established by the Planning Commission and stated in the Resolution for the Conditional Use Permit are deemed necessary to protect the public health, safety and general welfare.

The conditions of approval will serve to accommodate the proposed uses while protecting the health, safety, and welfare of the public. Conditions of approval are based upon standards contained within the Fowler General Plan and the Fowler Zoning Ordinance. Further, the proposed conditions of approval will serve to implement the goals and objectives of the General Plan, which itself is intended to provide for logical and orderly development of the City in a manner that is beneficial to its residents.

ENVIRONMENTAL FINDINGS
The City, as the Lead Agency under the California Environmental Quality Act (CEQA) determined that the proposed project is categorically exempt from CEQA through a Class 32 In-Fill Development exemption. (CEQA Guidelines § 15332.) The Project meets the conditions required for the exemption, specifically:
(a) The Project is consistent with the City’s applicable general plan policies and zoning regulations and designations.
(b) The Project Site is located within the incorporated city limits and is less than five (5) acres, and is surrounded by urban uses. The Project Site is approximately 0.89 acres.

Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

(c) The Project Site is located on the north side of West Tuolumne Street between State Route 99 and North 10th Street on a vacant lot. The site provides no value as a habitat for endangered, threatened, or rare species.
(d) The Project will not exceed VMT or Air District thresholds. Water quality will not be impacted as runoff will be directed to existing retention basins. The placement of the building between SR 99 and existing residences will cause a reduction in noise levels. (e) The Project Site is located of the City where it can be adequately served by the City’s utilities and public services.

CONFLICTS OF INTEREST
Staff are not aware of any potential conflicts of interest.

Attachments:
- Figure 1 – Aerial Photo
- Figure 2 – Zoning Map
- Figure 3 – General Plan Land Use Map
- Figure 4 – Site Plan
- Figure 5 – Elevations
- City Council Resolution No. 2625
- Attachment A – Conditions of Approval
- Design Review Committee Letter
Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

Figure 1 – Aerial Photo
Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

Figure 2 – Zoning Map
Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

Figure 3 – General Plan Land Use Map
Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

Figure 4 – Site Plan
Actions Pertaining to Conditional Use Permit No. 19-02
February 7, 2023

Figure 5 – Elevations
1 RESOLUTION NO. 2625

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORNIA REVERSING THE PLANNING COMMISSION’S DENIAL AND APPROVING CONDITIONAL USE PERMIT NO. 19-02, AND TO

ADOPT A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332.

WHEREAS, the City received an application for Conditional Use Permit 19-02 to allow for the establishment of the proposed Bajwa Project (“Project”) in a C-2 zone district, on an approximately 0.89-acre parcel (APN: 343-110-13) at 312 West Tuolumne Street, located on the north side of West Tuolumne Street between State Route 99 and North 10th Street; and WHEREAS, the subject application was deemed complete by the Fowler Planning Department and has been reviewed for compliance with the Fowler Zoning Ordinance; and WHEREAS, the Project requires approval of a Conditional Use Permit in accordance with Article 25 of the Fowler Zoning Ordinance; and
WHEREAS, the City has determined that the Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15332, In-fill Development Projects, and that no additional environmental analysis is required; and
WHEREAS, the Planning Commission of the City of Fowler, on October 1, 2020, requested a revised site plan and elevations; and
WHEREAS, the Planning Commission of the City of Fowler, on October 6, 2022, requested new elevations and that the applicant meet with the new Chief of Police; and WHEREAS, the Planning Commission of the City of Fowler, on November 3, 2022, technically denied the Project; and
WHEREAS, the applicant submitted an appeal of the Planning Commission’s decision on November 10, 2022; and
WHEREAS, a public hearing notice was duly published informing the public that the appeal would be considered for approval at the City Council meeting held on February 7, 2023 at 7:00 p.m.; and
WHEREAS, the City Council reviewed the appeal and the proposed Conditional Use Permit together with the Categorical Exemption at the Regular Meeting on February 7, 2023; and WHEREAS, the City Council, after reviewing and considering the staff report, categorical exemption, and all evidence presented by the Planning Commission’s regular meeting on November 3, 2022, including oral and written public testimony on the Project and the Categorical 2 Exemption, and which is herein incorporated by this reference, did make the following findings with regard to the Conditional Use Permit 19-02 for the Project:

1. The site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the Zoning Ordinance.

2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

No significant effects on the surrounding street system are anticipated.

3. The proposed use will have no adverse effect upon abutting property or the use thereof.

4. The conditions established by the Planning Commission and attached to this Resolution for Conditional Use Permit 19-02 are deemed necessary to protect the public health, safety and general welfare.

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

1. Reverses the decision of the Planning Commission of the City of Fowler to technically deny Conditional Use Permit No. 19-02, and approve applicant’s application for Conditional Use Permit No. 19-02 for the Project, subject to the conditions contained in Attachment “A.”

2. Adopts a Class 32 categorical exemption from further environmental review pursuant to CEQA Guidelines Section 15332.

PASSED, APPROVED AND ADOPTED this 7th day of February 2023, at a special meeting of the City Council of the City of Fowler by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
ATTACHMENT “A”

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 19-02
(TUOLUMNE STREET)
General Conditions

1. Approval of this conditional use permit and the associated site plan shall be valid for a period not to exceed one year from the date of approval unless a building permit for the facility described herein has been issued by the Building Department and construction is being diligently pursued. The owner may request an extension of up to one additional year via written request to the Planning Department submitted not less than thirty days prior to expiration of this approval. As there are two (2) buildings on the site, once a building permit is facilitated for one of the proposed buildings construction of the second building will not be held to any time limits.

2. Development of the site shall be in substantial conformance with these conditions or the direction of the Planning Commission, including:

A. The majority of parking stalls shall be arranged between the hotel building and the alley.

B. The residence shall be placed on the property furthest from Tuolumne Street.

C. Access to the property shall be taken only from the alley.

3. Any free standing or occupancy signs are subject to review and approval by the Director by means of a separate Sign Review process.

4. All conditions shall be satisfied prior to occupancy approval for any portion of the project.

Failure to comply with all conditions of approval shall be grounds for the imposition of penalties, suspension of the permit, modification of the permit, or revocation of the permit.

5. The operator shall keep the exterior premises free of trash and debris. Graffiti shall be removed or covered within 48 hours of its discovery by the applicant, manager, or any employee.

6. Any business operating on the site and all contractors or sub-contractors working in the City must obtain a business license from the Finance Department at Fowler City Hall.

7. The operator shall report applicable sales tax revenue to the State.

8. All lighting shall be hooded and directed to not shine towards adjacent properties and public streets.

9. Drive aisles shall be kept unobstructed at all times. Vehicles shall not block driveways.

10. A copy of these conditions must be kept on the premises and be shown to any requesting City official. Failure to comply with all conditions of approval shall be grounds for the imposition of penalties, modification of the permit, or revocation of the permit.

11. All business and processes shall be conducted within a completely enclosed structure, except for off-street parking and loading areas, service stations, outdoor dining areas, nurseries, garden shops, signs, Christmas tree sales lots, bus depots, and transit stations, public utility stations and car sales.

12. No use shall be permitted, and no process, equipment or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare, or unsightliness or to involve any hazard of fire or explosion.

Hotel Property Development Standards

13. All provisions of the C-2 (Community Commercial) zone district shall apply.

14. The maximum building height shall be fifty (50) feet. **Please provide elevations of all buildings to the Planning Department for review and approval prior to submittal for building permits.

15. The minimum distance between a dwelling and another structure shall be ten (10) feet.

Aesthetics

16. The Development Review Committee reviewed Conditional Use Permit Application No. 19-02 on March 22, 2022 and approved the submitted elevations with the recommendations outlined in the attached letter, dated March 23, 2022.

Residential Dwelling Property Development Standards

17. The residence shall comply with the site area, coverage and yard requirements of the RM3 (Multi-Family Residential) zone district.

18. The minimum front yard shall be fifteen (15) feet. Any mechanical equipment, including fixed pool equipment such as pumps, filters, diving boards and slides, shall not be located within the front yard or less than five (5) feet from an adjoining side property line.

19. The minimum rear yard shall be ten (10) feet. Where construction involves more than one (1) story, the rear yard shall be increased by three (3) feet for each additional story.

20. The minimum side yard shall be five (5) feet, subject to the following conditions:

A. On a reverse corner lot, the side yard adjoining the street shall be not less than fifteen (15) feet.

B. On a corner lot, the side yard adjoining a street shall be not less than ten (10) feet.

C. The side yard shall be increased by three (3) feet for each additional story over one (1) story; provided, however, that the side yard on the street side of a corner lot need not be greater than five (5) feet.

D. A side yard providing access to more than one (1) unit shall be not less than ten (10) feet.

Highway Beautification Overlay Standards

21. All provisions of the Highway Beautification Overlay District shall apply.

22. Pursuant to Section 9-5.1907 of the Fowler Zoning Ordinance along lot lines adjacent to at-grade or elevated highway sections, a landscaped buffer of no less than 20-feet shall be provided.

23. In accordance with Section 9-5.1907, subdivision (L) of the Fowler Zoning Ordinance any building wall visible from the highway shall be detailed and treated equally in terms of appearance to the front of the building.

24. In accordance with Section 9-5.1907, subdivision (M) of the Fowler Zoning Ordinance utility and mechanical equipment such as heating units, air conditioners, antennas, satellite dishes, HVAC units, or similar devices shall be integrated into the design of the building or situated on the site so that they are not visible from the highway. When this is not possible, the equipment shall be screened from view of the highway by a masonry wall or other method acceptable by the City.

25. In accordance with Section 9-5.1907, subdivision (N) of the Fowler Zoning Ordinance trash and recycling areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the trash and recycling areas shall be screened from view of the highway by a masonry wall or other method acceptable to the City.

26. In accordance with Section 9-5.1907, subdivision (O) of the Fowler Zoning Ordinance loading areas shall be situated on the site so that they are not visible from the highway.

When this is not possible, the loading areas shall be screened from view from the highway by a masonry wall or other method acceptable to the City.

Off-Street Parking and Loading Standards

27. One (1) parking space shall be provided for each guest room, plus one (1) space for each employee on the maximum shift. No additional parking spaces are required for the caretaker residence.

28. Prior to the issuance of a building permit verification of the required number of parking stalls shall be determined adequate by the Planning Department.

29. Improvements shall include handicap parking stalls and an ADA accessible sidewalk providing access to the front door of the buildings the parking lot serves. These spaces shall meet the State standards.

30. All parking areas shall have adequate ingress and egress to and from a street or alley.

Sufficient room for turning and maneuvering vehicles shall be provided on the site. Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the City.

31. Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the City.

32. Each parking space shall not be less than 20-feet in length and 9-feet in width, exclusive of aisles and access drives, except that up to thirty (30) percent of all spaces may be provided for compact cars and such spaces not less than 9-feet in width and 16-feet in length, and marked for compact cars.

33. Parking lot lighting shall be deflected away from abutting sites so as not to cause annoying glare.

34. No commercial repair work or servicing of vehicles shall be conducted at a parking site.

35. In accordance with Section 9-5.2007 of the Fowler Zoning Ordinance, at all points along streets or sidewalks (excepting points of access to the parking lot or area), a concrete curb or timber barrier not less than 6-inches high shall be installed and maintained.

36. In accordance with Section 9-5.2008 of the Fowler Zoning Ordinance, any plan for offstreet parking facilities shall be accompanied by a landscape plan. All off-street parking facilities shall conform with the following standards:

A. A plot plan indicating the location of all landscaping.

B. Not less than five percent (5%) of a parking lot comprising of up to twenty (20) parking spaces shall be landscaped and continually maintained.

C. Not less than ten percent (10%) of a parking lot comprising of more than twenty (20) parking stalls shall be landscaped and continuously maintained.

D. Not more than ten (10) consecutive parking stalls shall be allowed without an approved landscaped tree well of twenty (20) square feet or more.

Landscaping Standards

37. Landscaping shall be provided in accordance with Fowler Zoning Ordinance Section 9-

5.21.12. 38. Landscaping shall be kept free from weeds and litter.

39. Parking Lot Shading. Fifty (50) percent of paved parking lot surfaces shall be shaded by tree canopies within fifteen (15) years of planting.

40. Landscaping shall be provided in accordance with Fowler Zoning Ordinance Section 9-

5.21.12. Selma-Kingsburg-Fowler County Sanitation District Comments

41. The proposed commercial development is estimated at 20-30 Equivalent Single-Family Residences (ESFR’s). The actual ESFR’s would be determined as the project may progress.

42. Submit detailed Floor and Plumbing Plans of the building for a sewer evaluation.

43. Install a 6-inch minimum SS lateral with cleanout and box at the property line.

44. Install industry standard sewer backflow device on the 6-inch sewer service. Backflow device shall be installed on-site and maintained by the property owner.

45. Complete and submit the attached commercial sewer connection application.

46. The building shall be metered separately from landscaping.

47. Applicant to pay for the sewer connection permit prior to issuance of the building permit.

Public Works/Fire Department Comments

48. Submit a site plan showing sewer connections and improvements.

49. Submit a site plan depicting fire hydrant locations.

50. Submit a site plan depicting the Fire Department connections (FDC) and backflow devices on both proposed buildings.

Police Department Comments

51. Install security cameras on the external of the building and the ingress/egress routes of the parking lot in coordination with the Police Chief. Recording shall be maintained on a 7- day loop.

Engineering Conditions (Dated September 22, 2022)
General:

52. All proposals of the applicant shall be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards.

53. The applicant shall pay all fees as required by existing ordinances and schedules. The fees to be paid shall be those in effect at the time of payment.

54. Applicant shall apply for and pay all fees associated with proposed vacation of Tuolumne Street adjacent to the site.

Circulation:

55. Applicant shall pay the Regional Traffic Mitigation Fee to the Fresno Council of Governments.

56. Applicant shall pay its proportionate share of the traffic impacts as identified in the SW Area traffic impact study or the City traffic impact fee, whichever is greater.

57. Applicant shall complete frontage improvements along Tuolumne Street from the project site to 10th Avenue including curb, gutter, sidewalk, streetlights, and landscaping (street trees with grates).

58. Parking stalls shall conform to the City’s improvement standards.

59. Applicant shall provide ‘No Parking’ signs on both sides of Tuolumne Street from 10th Avenue to the project site.

60. Applicant shall reconstruct the alley along the east boundary of the site. Alley shall be 20 feet wide and conform to Fowler Improvement Standards.

Grading and Drainage:

61. A Grading and Site Improvement Plan for the proposed on-site improvements shall be submitted for review and approval by the City Engineer. Applicant shall obtain a Grading and Site Improvement Permit once plans are approved.

62. Parking lot shall be paved with asphalt or concrete, shall be properly lit and landscaped and shall comply with the Fowler Improvement Standards.

63. Drainage shall be directed to the City drainage basin at the terminus of 10th Avenue north of Mariposa Street. Drainage calculations prepared by a registered civil engineer shall be submitted demonstrating the basin and conveyance system has sufficient capacity to accommodate project drainage. Any improvements to the existing storm drainage infrastructure necessary to convey the project drainage to the drainage basin shall be the responsibility of the applicant.

Landscaping:

64. A landscaping and irrigation plan be prepared and submitted for review by the City Engineer for proposed on-site and off-site (within the City right-of-way) landscaping.

Landscape and irrigation shall be low water consumption designs consistent with AB 1881 and City of Fowler ordinances.

Water:

65. Separate domestic, fire and landscape services shall be developed into the site. Each service shall include a City approved water meter and reduced pressure backflow preventer and approved by Public Works prior to occupancy. If utilizing existing services, verify and upgrade with Public Works as necessary.

66. Fire hydrants shall be located on-site at a spacing not to exceed 300’ at locations approved by the Fire Chief.

Sewer:

67. Applicant shall install sewer service per direction of Selma-Kingsburg-Fowler Sanitation District (“SKF”). Improvement plans for this work are to be prepared by a registered civil engineer and approved by SKF and the City Engineer.

68. Applicant shall submit floor and plumbing plans for sewer service for review and approval by the City Engineer and SKF.

69. Applicant shall pay applicable sewer connection fees to SKF based upon the rates in effect at the time of payment.

70. Install a 6-inch minimum SS lateral with cleanout and box at the property line.

71. Install industry standard sewer backflow device on the 6-inch sewer service. Backflow device shall be installed on-site and maintained by the property owner.

72. Complete and submit the attached commercial sewer connection application.

73. Applicant to pay for the sewer connection permit prior to issuance of the building permit.

Utilities:

74. Applicant shall work with PG&E and other utilities for the preparation of a utility plan, subject to review and approval by the City Engineer. All new services to the building shall be underground and be completed such that no street surface will need to be reopened for service. No new utility poles are allowed.

75. The existing pole located on site (SE corner) shall be removed and services connected to the pole shall be relocated underground.

Irrigation:

76. A landscaping and irrigation plan be prepared and submitted for review by the City Engineer for proposed on-site and off-site (within the City right-of-way) landscaping.

Landscape and irrigation shall be low water consumption designs consistent with AB 1881 and City of Fowler ordinances.

Other:

77. The applicant shall provide a City standard trash enclosure capable of housing bins for general trash and recyclables with concrete slab and masonry wall.

78. A minimum 36” masonry wall shall be constructed along the west property line abutting the freeway.

79. Approval of this Project is for the benefit of the Applicant. The submittal of applications by Applicant for this Project was a voluntary act on the part of the Applicant not required by the City. Therefore, as a condition of approval of this Project, the Applicant agrees to defend, indemnify and hold harmless the City of Fowler and its agents, officers, consultants, independent contractors and employees (“City”) from any and all claims, actions or proceedings against the City to attack, set aside, void, or annul an approval by the City concerning the Project, including any challenges to associated environmental review, and for any and all costs, attorneys fees, and damages arising therefrom (collectively “Claim”).

The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. If the City fails to promptly notify the Applicant of any Claim or if the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.

Nothing in this condition shall obligate the City to defend any Claim and the City shall not be required to pay or perform any settlement arising from any such Claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any Claim, and if the City does decide to independently defend a Claim, the Applicant shall be responsible for City’s attorneys’ fees, expenses of litigation and costs for that independent defense, including the costs of preparing any required administrative record. Should the City decide to independently defend any Claim, the Applicant shall not be required to pay or perform any settlement arising from any such Claim unless the Applicant approves the settlement.

Signature of Applicant: ________________________________ Dated: ________________
______________________________________________________________________________________ City of Fowler 128 S. 5
th Street, Fowler, CA 93625 (559) 834-3113

PLANNING & COMMUNITY DEVELOPMENT
March 23, 2022
Bob Bajwa
935 Whitley Avenue
Corcoran, CA 93212
Email: [email protected]
SUBJECT: Development Review Committee- March 22, 2022 – Item 5-B Dear Mr. Bajwa:

On March 22, 2022 the City of Fowler Development Review Committee met to review your plans for the construction of a 34-room hotel and one detached residential dwelling unit. Please see the requested changes below.
• Add architectural relief on the southeast elevation using decorative elements. • Flip the utility room and add windows to that portion of the façade. • Place the lobby on the corner and add windows to that portion of the façade. • On the freeway façade add banding or some type of wrapping decorative element. Use decorative lighting and/or awnings.
• Angle the building to follow the lot line.
• Add carriage lights to the sign on the freeway side.
• Add brick design elements.
• Comply with parking lot shading to break up the parking area.

In accordance with the Fowler Zoning Ordinance, Section 9-5.16.02 – Development Review Committee (DRC), the decision of the DRC shall be a recommendation to the Commission for those applications that require Commission action. For applications that do not require Commission action, the decision of the DRC shall be a recommendation to the Director.

The Director of the Community Development Department, in accordance with the procedures established in Article 16 of the Fowler Zoning Ordinance, has reviewed your application with the Development Review Committee and has recommended approval with the above changes.

Sincerely,
City of Fowler
Dawn E. Marple, City Planner
[email protected] or [email protected]
cc Thomas Gaffery, Community & Economic Development Director Fred Vasquez, Building Official
Maria Aguilar, Permits Technician

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 9-Biv

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
Actions Pertaining to annual State-mandated fire safety inspections for certain occupancies.

1. APPROVE an agreement with Fire Safety Solutions, Inc. for fire safety inspection services on a time and materials basis in an amount not to exceed $49,000.

2. APPROVE Resolution No. 2626 approving updated fire safety inspection fees

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The City is required to perform certain fire safety inspections pursuant to Article 2 of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code, including but not limited to Sections 13145 and 13146.

These inspections include educational uses, hotels, congregate living facilities, multifamily housing and others.

Performing these inspections requires specialized training. Fire Safety Solutions, Inc. personnel have this training and already perform fire related site plan reviews, plan checks, and building inspections for the Community & Economic Development Department.

The Health and Safety Code also allows the City to collect an inspection fee. The updated inspection fee reflects the City’s direct costs for contracted inspectors to perform the inspections, as well as City staff time to administer the program.

Actions Pertaining to annual State-mandated fire safety inspections for certain occupancies February 7, 2023

To date, Fire Safety Solutions, Inc. has already performed annual State-mandated inspections at all Fowler Unified School District sites and transmitted those findings to the District. Scheduling for other inspections is underway.

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

FISCAL IMPACT
The fire safety inspection fee will recoup City staff time and inspection contractor costs.

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

Attachments
- Agreement with Fire Safety Solutions, Inc.
- Resolution No. 2626
- Resolution No. 2626, Exhibit A

RESOLUTION NO. 2626

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

APPROVING UPDATED FIRE SAFETY INSPECTION FEES
WHEREAS, the City is required to perform certain fire safety inspections pursuant to Article 2 of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code, including but not limited to Sections 13145 and 13146; and
WHEREAS, conducting fire safety inspections is important to the public safety of Fowler residents and visitors; and
WHEREAS, the City is authorized to collect a fee for fire safety inspections pursuant to Section 13146 of the Health and Safety Code; and
WHEREAS, the City currently charges a fee for fire safety inspections and needs to now adjust that fee to reflect the increased cost to the City of providing such inspections, as authorized by Section 13146 of the Health and Safety Code; and WHEREAS, the fees shall not exceed the estimated reasonable cost of providing the service for which the fees are charged pursuant to Section 13146 of the Health and Safety Code and Section 66014 Government Code; and
WHEREAS, the fees set forth in attached Exhibit A reflect those reasonable costs; and WHEREAS, a duly noticed public meeting was held at the special City Council meeting on February 7, 2023; and
WHEREAS, it is in the best interest of the City in order to promote the public safety that the City Council adopt the proposed updated fees for fire safety inspections.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the fire safety inspection fees shall be set at the rate(s) set forth in Exhibit A attached hereto, and the City’s Master Fee Schedule shall be updated to reflect the new fees.

PASSED, APPROVED AND ADOPTED this 7th day of February 2023, at a special meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
Description Rate Reso No. 2546 Date
Inspection $132 $99 per hour^ 2546 02/15/22
Reinspection (all violations corrected) No Charge 2546 02/15/22 Reinspection (violations present) Hourly Rate + $100 2546 02/15/22 Fire Safety Inspections

CITY OF FOWLER
Master Fee Schedule
* * Fire * *
^ Adjusted on July 1 annually, beginning July 1, 2023, based on a 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) series "All items in San Francisco-Oakland-Hayward, CA, urban wage earners and clerical workers, not seasonally adjusted" for the most current month data is available.

Fire 1/1
Exhibit A

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 9-Ci

REPORT TO THE CITY COUNCIL
February 7, 2023
FROM MICHAEL S. REID, Chief of Police

SUBJECT
Actions pertaining to replacement of the Fowler Police Department service weapon from the .40 caliber Glock 22 to the 9mm Sig Sauer P320.

The purchase of the Sig Sauer P320 service weapons would include the following:

1. AUTHORIZE the Chief of Police to enter into an agreement with ProForce Law Enforcement for the purchase of fifteen (15) Sig Sauer P320 9mm service weapons with SureFire X300 weapon lights and holsters for $17,592.51; the purchase of 12,000 rounds of 9mm target ammunition and the purchase of 1,200 rounds of 9mm duty ammunition: $2,722.84.

2. AUTHORIZE the City Manager, on behalf of the City of Fowler, to execute purchase agreements with officers purchasing their existing Glock 22 service weapons and with ProForce Law Enforcement for the remaining Glock 22 service weapons.

RECOMMENDATION
Staff recommends the City Council approve the above proposed actions.

BACKGROUND
Law enforcement service weapons are a critical piece of equipment that officers rely on. Although extremely well maintained, firearm components wear out and require periodic work to be done by factory certified firearms technicians. The United States Department of Justice, National Institute of Justice (NIJ) issued a report for law enforcement entitled “Baseline Specifications for Law Enforcement Actions pertaining to replacement of the Fowler Police Department service weapons February 7, 2023

Service Pistols.” This report recommended that law enforcement pistols should have a detailed examination performed at least every 1,000 rounds fired to determine the condition and make repairs as needed to law enforcement firearms.

The .40 caliber Glock 22’s carried by the Fowler Police Department are from 10-12 years old depending upon the time they were purchased. With annual firearms qualifications, transition courses, and firearms training courses over the past decade, it was determined that the weapons should have had the NIJ recommended detailed examinations every three years. No records of such examinations could be found. As a result, a detailed examination by a qualified Glock armorer was performed in 2022 to determine the mechanical condition of the Fowler Police Department’s .40 Caliber Glock 22 service firearms.

The result of the examination was a recommended total rebuild of all weapons. The manufacturer was contacted and provided a cost estimate for “wearable” parts for weapons that have been in service for 10 years. The price list contained 23 items and stated the cost would be $379.00 per weapon rebuild if there are no stress fractures or metal fatigue in the upper receiver or frame of the weapon. The Glock representative stated that stress fractures can occur in guns that have been in service for more than a decade and that only closer inspection of the weapon by a Glock technician could determine if there were signs of stress fractures or metal fatigue.

Estimates for replacing the frame of the Glock 22 if necessary were approximately $139.00 while the upper receiver, if damaged, could be $249.00. Because these parts are serialized by the manufacturer, replacing the frame and upper receiver essentially create a new gun. This equates to a $767.00 cost to refurbish a ten-year-old Glock 22 should a “frame up” rebuild be needed. In addition, the Glock representative stated that the turn-around to refurbish the weapons would be 90-120 days, dependent of course on the availability of parts. This $767.00 price does not include any upgrades to the sighting system of the Glock 22.

As a result of this potential cost, the alternative of purchasing a new service weapon was explored.

Range days were scheduled for all officers and factory representatives provided several weapons to test. These included the Glock 17, the Smith & Wesson MP, the FN509, and the Sig Sauer P320.

Each weapon was test fired by officers who were asked to rate the accuracy, safety, ergonomics of the weapon, ease of operation, reliability and craftsmanship of each handgun. The overwhelming consensus was that the Sig Sauer P320 model was clearly the best gun. The Department of Defense, most federal law enforcement agencies, as well as many California police departments including our neighbors, Kingsburg, Atwater, and Visalia Police Departments, have begun carrying the Sig Sauer P320 in a 9mm caliber reporting that this is an extremely safe and effective weapon system.

Our current weapons supplier, ProForce Law Enforcement, was contacted to provide a quote on replacing the Glock 22 with the Sig Sauer P320. ProForce stated that they could provide the Sig Sauer P320 for a price per unit of $738.92 which also included a Red Dot Romeo 1 optic system. This is a substantial saving from the manufacturer suggested retail price of approximately $979.99 per weapon.

A red dot sight system provides superior accuracy over the existing open sights and improved officer safety as it allows for both eyes to remain open when acquiring a target, giving the officer a greater field of view.

Actions pertaining to replacement of the Fowler Police Department service weapons February 7, 2023

An additional benefit of transitioning department handguns from a .40 caliber weapon to the Sig Sauer P320 9mm service weapon is the cost of ammunition. Prior budget restrictions and unavailability of qualification classes for weapons training resulted in Fowler Police Department officers qualifying only once per year. The Commission on Peace Officer Standards and Training (POST) in California recommends range qualifications for law enforcement officers at least three times per year. To help meet this recommendation and increase range qualifications to industry standards, the Fowler Police Department could realize potential savings of 12.8 cents per round by switching to a 9mm round ($0.265 per round for 9mm as compared to $0.0389 for .40 caliber ammunition). An additional benefit of switching to a 9mm handgun is the reduced barrel pressures of 9mm ammunition versus .40 caliber ammunition. Reduced barrel pressure equates to reduced wear to the components, potentially extending the service life of 9mm handguns as compared to .40 caliber handguns.

The City Attorney has drafted an agreement on behalf of the City of Fowler which would allow a currently employed police officer with the City of Fowler to purchase their Glock 22 service weapons. This agreement allows the current owner of those handguns, the City of Fowler, to sell these weapons and transfer ownership to an officer for $350.00 per weapon. This agreement also absolves the City of Fowler of future liability for the sold weapon once the purchase and transfer is completed. A business with a current Federal Firearms License has been contacted to ensure that the transfer is consistent with both State and Federal law.

It is estimated that eight officers will enter this agreement to purchase their weapons resulting in $2,800.00 in sales proceeds which could be applied to offset the cost of the transition to the Sig Sauer P320. The weapons not purchased by officers can also be resold to ProForce through a similar agreement with the City of Fowler. The number of surplus Glock 22 weapons that may be sold to ProForce are contingent upon on the condition of the weapon at the time of sale. ProForce, upon inspection of these weapons, would then provide a price to the City of Fowler. Any proceeds from the sale of the Glock 22 to ProForce could similarly be applied to the cost of the transition to the Sig Sauer P320 however, at the time of this writing, this has not been quantified.

Consistent with the City of Fowler Purchasing Policy, the Cooperative Bid Process was utilized to ensure compliance with city regulations for this proposal. In 2022, the City of Atwater competitively bid a purchase of new handguns for their Police Department under Bid Document 718-22 for the 9mm Sig Sauer P320 handgun with Romeo I optical sights. ProForce Law Enforcement, the same supplier that the City of Fowler has selected, was awarded the contract by the City of Atwater for the same purchase price as our proposal. A copy of the Atwater bid documents are attached for your review.

The cost for this transition is as follows:
• Fifteen (15) Sig Sauer P320 handguns, SureFire X300 weapon lights, and holsters: $17,592.51. • 12,000 Rounds of 9mm target ammunition: $2,722.84.
• 1,200 Rounds of 9mm duty ammunition: Swap for existing .40 caliber ammunition. No Charge.

The transition to the Sig Sauer P320 with a Red Dot optics system requires a two-day POST certified training course. Officers with the Department will attend a training course provided by the Kingsburg Police Department. The cost of the training to qualify and carry the Sig Sauer P320 with the Red Dot optical sights is $468.00.

Actions pertaining to replacement of the Fowler Police Department service weapons February 7, 2023

The total, not to exceed cost for the transition, including the purchase of all equipment, ammunition, and training is $20,795.35. This cost for this project has been minimized by trading in our current .40 caliber ammunition for 9mm, by aggressively searching for the best price for the Sig Sauer P320, and through the resale of the existing Glock 22’s to officers and Pro Force.

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

FISCAL IMPACT
Measure N will be utilized for this purchase upon Council approval. The City’s ammunition vendor, Dooley Enterprises, has agreed to swap out existing .40 caliber ammunition in the possession of the Fowler Police Department for the 9mm needed to train and carry the Sig Sauer P320. This will result in a savings of more than $3,200.00 to the City of Fowler. In addition, the total transition cost could be further reduced by $2,800 should officers purchase their duty weapons, and the proceeds from the sales are applied to this project. This could additionally reduce the cost from $20,795.35 to $17,995.35.

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

Attachments
- ProForce quote to purchase fifteen (15) Sig Sauer P320, holster and tactical lights - City of Atwater Bid Document 718-22
- Dooley Enterprises quote for ammunition
- City Attorney drafted and approved officer purchase agreement QUOTE#

O R D E R

SHIP DATE

Q U O T E
PAGE

SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.

QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE

COMMENT
TERMS
633591 1
A.S.A.P.

FOWLER POLICE DEPARTMENT FOWLER POLICE DEPARTMENT
FOWLER POLICE DEPARTMENT 128 SOUTH FIFTH STREET
128 SOUTH FIFTH STREET
FOWLER CA 93625 FOWLER CA 93625
559-834-1284
N/A 01/04/23 007970 A GREGG MCCLUNG F-2D FOB ORIGIN
15 W320CA9BXR3PRXP 696.45 EA 10,446.75
SIG LE P320CA 9MM PRO N/S 17RD .00
W/ROMEO(W320CA-9-BXR3-PRO-RXP)
14 7390RD-4502-481 120.00 EA 1,680.00
SFL 7390RDS HLST SAFSEV BW RH .00
P320 W/LGT (7390RDS-4502-481)
1 7390RD-4502-482 120.00 EA 120.00
SFL 7390RDS HLST SAFSEV BW LH .00
P320 W/LGT (7390RDS-4502-482)
15 X300U-A 266.00 EA 3,990.00
SUF X300A ULTRA 1000LUM WEAPON .00
LIGHT
1 XFET .00 EA .00
THIS ITEM FET OUT .00
This quote is valid for 45 days from date of issue,
pending credit approval, and is subject to manufacturer's availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing.

Standard Terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate
QUOTE#

O R D E R

SHIP DATE

Q U O T E
PAGE

SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.

QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
TERMS
633591 2
A.S.A.P.

FOWLER POLICE DEPARTMENT FOWLER POLICE DEPARTMENT
FOWLER POLICE DEPARTMENT 128 SOUTH FIFTH STREET
128 SOUTH FIFTH STREET
FOWLER CA 93625 FOWLER CA 93625
559-834-1284
N/A 01/04/23 007970 A GREGG MCCLUNG F-2D FOB ORIGIN
purchase orders for each item will be necessary.

Standard manufacturer's warranty applies to all department ProForce Law Enforcement agrees to defend, indemnify and hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors.

ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to [email protected]. For orders over $5,000, a PO or signed quote is required to process the order.

Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.

Printed Name: ____________________________________________ -
Date: ___________________________ P.O.:___________________ -
Signature: _______________________________________________ SALES AMOUNT 16,236.75

COMMENT

QUOTE BASED OFF CITY OF ATWATER
BID NUMBER 718-22 FOR SIG LINE
ITEM 8.350% SALES TAX 1,355.76
SUB TOTAL 17,592.51
DUE NET 30 DAYS

QUOTE
DATE: 01/27/2023
PHONE: FAX:

NOTES:

PRICES PER THOUSAND ROUNDS
Chief Reid,
See above for your quote, and let me know if
you have any questions. At this time (which can
change quickly) the ammo quoted for Will Call
is currently available for pickup after order
finalization.

Chris
Price Quote
Ship To:

Here are the requested prices:

SUBTOTAL:

TAX*: TAX
RATE:

TOTAL:

FOWLER POLICE DEPT.

MICHAEL REID
128 S. 5TH STREET
FOWLER, CA 93625
(559) 834-3254 (559) 834-1284
$2,527.00
$195.84
$0.00
$2,722.84

7.750%
SHIPPING:

QUOTE #: 021092
Cust. ID #: 000360
PO# (if appl.)________________ Authorization Signature ____________________________ Name & Title __________________________________
TERMS: Net 30
Quote is for official department use only
Type: FET OUT - Agency
To proceed with the order as quoted, please confirm the details above, and sign & complete below:

Date ______________________
County: FRESNO
Will Call Pickup Date__________________________

QUANTITY SYMBOL DESCRIPTION PRICE EXTENSION
$0.00 $0.00

9.500 Q4172 9mm 115gr. Full Metal Jacket $266.00 $2,527.00 CITY OF FOWLER SALES AGREEMENT No. ___
Agreement for Sale of Surplus City Personal Property Firearm (Firearm – Former Service Weapons)
THIS AGREEMENT is made and entered into this ____ day of __________________, 2023, by and between the CITY OF FOWLER, a California municipal corporation (hereinafter referred to as “CITY”), and , a peace officer employed by the City of Fowler Police Department, (hereinafter referred to as “BUYER”).

WHEREAS, pursuant to Penal Code section 27610, CITY, by and through the Fowler Police Department, may sell surplus firearms belonging to the CITY that are required for public use directly to a current peace officer; and WHEREAS, the CITY is replacing and will no longer require use of the service weapon described in Section 1 of this Agreement; and
WHEREAS, BUYER is a full-time peace officer and employee of the City of Fowler Police Department; and
WHEREAS, pursuant to Penal Code section 27610, CITY wishes to sell to BUYER, and BUYER wishes to purchase from CITY, the former service weapon described in Section 1 of this Agreement from CITY.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

1. Description of the Property. BUYER hereby agrees to purchase the handgun, Serial No. (“Firearm”).

2. Transfer of All Rights, Title and Interest in the Firearm. CITY hereby agrees to sell, convey, and transfer all of its rights, title, and interest in the Firearm to BUYER, and BUYER hereby agrees to purchase the Firearm from CITY.

3. Firearm Sold “As Is.” The Firearm is used and sold on an “as is” basis, without warranty or recourse of any kind. CITY makes no warranties, either express or implied, as to the condition or suitability for BUYER’s intended use(s), and BUYER has not relied on any promise, representation, or statement by CITY other than those contained in this Agreement. Any maintenance and/or repair costs to the Firearm shall be the sole responsibility and obligation of BUYER.

4. Transfer of Firearm. CITY shall deliver the Firearm directly to BUYER pursuant to Penal Code section 27610.
2 5. Purchase Price. BUYER shall pay CITY the sum of _________ ($_____.00) for the purchase of the Firearm (“Purchase Price”). The Purchase Price is determined as the fair market value of the Firearm by reference to the Blue Book of Gun Values, pursuant to Public Contract Code Section 10334(c). Payment of the Purchase Price shall be made immediately upon BUYER taking possession of the Firearm. Payment may be made by mailing payment to the attention of: __________________________.

6. Indemnify, Defend, and Hold Harmless. BUYER shall defend, indemnify and hold harmless CITY, the City Council (and each member thereof), and CITY’s officers, employees, and agents from every expense, cost, loss, or claim, arising in any way, in whole or in part, from the purchase, transport, or use of Firearm.

7. Binding Effect. This Agreement may not be assigned by either party except with the express written consent of the other party. All unpermitted assignments are void and invalid. This Agreement is binding upon the permitted heirs, successors, and assigns of the parties.

8. Entire Agreement. This Agreement represents the entire Agreement between CITY and BUYER with respect to the Firearm, and supersedes and cancels all previous oral agreements, arrangements, negotiations, agreements, and understandings between the CITY and BUYER. There are no representations or express or implied warranties between CITY and BUYER other than those contained in this Agreement.

9. Amendments. This Agreement cannot be changed or supplemented orally but may only be modified or superseded by written instrument signed by both parties. * * * * * * * * * * * * * * * * * *
IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.

BUYER
By:______________________________

(Signature)

________________________________________________
(Print Name)
Title:_____________________________

CITY OF FOWLER
_______________________________
Wilma Tucker, City Manager
Approved as to Legal Form:

City Attorney
By:_____________________________
J:\WDOCS\00250\036\agt\01018049.DOCX