Fowler City Council
February 21, 2023

MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, FEBRUARY 21, 2023
7:00 P.M.

CITY COUNCIL CHAMBER
128 SOUTH 5TH STREET
FOWLER, CA 93625
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.

En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.

Consistent with Government Code 54953 as amended by AB 361, and City Council Resolution No. 2522, this meeting may be accessed by members of the public or City Council members via Zoom.

The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/89259119044?pwd=MHVOdGhaVENtTmhUM3pPNmR4RmtYZz09 Telephone Number: (253) 215-8782
Meeting ID: 892 5911 9044
Passcode: 271421

Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at www.fowlercity.org.

Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

1. Meeting Called to Order

2. Roll Call

3. Invocation by Pastor Jesus Valencia of Vision Church

4. Pledge of Allegiance

5. Public Comment
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.
5-A. WORKSHOP by Lee Ann Eager, President & CEO, Fresno County Economic Development Corporation

6. Consent Calendar
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
6-A. RATIFY Warrants for February 21, 2023
6-B. APPROVE Minutes of the February 7, 2023 Special City Council Meeting

6-C. ADOPT 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 (Planning)
6-D. APPROVE a funding agreement with Department of Water Resources for the construction of a new Municipal Water Well in the amount of $2,073,450 (Public Works)
6-E. APPROVE an agreement with Fireworks America in an amount not to exceed $25,360 for the Annual 4th of July Fireworks Show on July 4, 2023 (Recreation)

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

8. General Administration
8-A. Planning
i. Consider Introduction of Ordinance 2023-02, an Ordinance of the City Council of the City of Fowler amending sections 1-8.02 and 1-8.08 of chapter 8, of title 1, of the Fowler Municipal Code regarding administrative citations; adding chapter 25 to title 5 regarding the regulation of shortterm rentals; adding section 6-2.313, of article 3, of chapter 2, of title 6 regarding violations of unauthorized dumping of trash; and amending chapters 2, 3, 7, 9, and 10 of title 8 to provide updates to the City’s adoption of the California Administrative, Electrical, Housing, Mechanical, and Dangerous Buildings Codes.
(Item to be continued to March 21, 2023 City Council meeting) 8-B. Public Works
i. WORKSHOP on Water Rate Study progress

9. City Manager
9-A. Introduction of Ordinance 2023-03, an Ordinance Amending Title 2, Chapter 1 of the Fowler Municipal Code regarding the City Council, and Title 2, Chapter 2 of the Fowler Municipal Code regarding the Planning Commission and the Recreation Commission

10. Staff Communications (City Manager)

11. Councilmember Reports and Comments

12. Adjourn
Next Ordinance No. 2023-04
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 17, 2023.

Angela Vasquez
Angela Vasquez
Deputy City Clerk
EDC Services Overview
Presented to the Fowler City Council
February 21, 2023

OUR STORY
Spearheaded by Charles Tingey and in partnership with the Chamber of Commerce, the EDC was established in 1981. The Chamber board members recognized the need for a separate organization to provide complementing services to the local business community. Now, over 40 years later, EDC is an internationally award-winning organization supported by a 34 Member Board of Directors and over 100 public/private investors that provide a creative license to support innovation around business attraction, expansion and retention.

OUR MISSION
To market Fresno County as the premier location for business prosperity.

OUR VISION
To be recognized as the essential connection for expanding economic development in the Central Valley.

BOARD OF DIRECTORS
Robert Amaro, JPMorgan Chase & Co.

Steve Brandau, Fresno County Board of Supervisors
Christopher A. Brown, Fennmore, Dowling Aaron
Adam Goldfarb, Manco Abbott, Inc.

Carole Goldsmith, SCCCD
Derek Hayashi, Valley Health Team
Debbie Hunsaker, Alert-O-Lite, Inc.

John Jansons, Westside Cities
Nelson Esparza, City of Fresno, Councilmember
Kurt Madden, Career Nexus
Scott Miller, Fresno Chamber of Commerce
Wade Nogy, Kaiser Permanente
Dr. Ram Nunna, California State University, Fresno
Ross Parnagian, Fowler Packing
Ken Ramos, Central Valley Community Bank
Emilia Reyes, Fresno Economic Opportunities Commission
Chuck Riojas, FMKT Building Trades
Peter Sanchez, Fresno Metropolitan Flood Control
Josh Sherfield, Quiring General, LLC
Buk Wagner, Colliers International
Tyrone Roderick Williams, Fresno Housing
Katie Zenovich, Community Medical Centers
Nicole Zieba, Five Cities JPA
Tom Zimmerman, CORE Business Interiors

EXECUTIVE COMMITTEE
DESIGNATED DIRECTOR Andy Haussler, City of Clovis
DESIGNATED DIRECTOR Paul Nerland, County of Fresno
DESIGNATED DIRECTOR Georgeanne White, City of Fresno
AT-LARGE DIRECTOR John Brelsford, Diversified Development Group AT-LARGE DIRECTOR Richard Caglia, Caglia Environmental
CHAIR Nicholas Audino, Newmark Pearson Commercial
VICE CHAIR Raj Beasla, Pacific Gas and Electric
TREASURER Frank Hambalek Jr., Wiebe, Hinton, Hambalek, LLP CPA Secretary Ed Dunkel, Precision Civil Engineering, Inc.

IMMEDIATE PAST CHAIR Al Solis, Sol Development Associates, LLC Principal
Five Cities JPA - EDC PARTNERSHIP
Long standing partnership serving Eastside cities
● Membership: 7 Eastside cities & County of Fresno
● Board of Directors– Elected Representatives
● Executive Committee– CAO/City Managers or designee
● EDC Administers Quarterly Meetings between Five Cities and EDC Staff
● Coordination on city requests and EDC services
EDC Services
EDC Services for Five Cities JPA - Fowler’s cost of $3,000 ● Administration
○ Government filings
○ Budgets, Minutes, Logistics
● Business Development
○ Expansion/Retention: focused local business
engagement
○ Attraction: Coordinate requests, site selection efforts and trade shows & missions (attraction)
● Capacity Building
○ Technical subject matter expertise
○ Policy Development/Support
○ Grant development
○ Guest speakers
● Marketing/Promotion
○ Develop Local Business Resources
○ Digital Marketing
Fresnoedc.com/CenterPoin ○ Brand launch Events (CenterPoint District) t

FOWLER BUSINESS EXPANSION & RETENTION

IMPACTS
Connect businesses to resources and incentives:
● Workforce
● Financing/Tax Credits
● Fee Reductions
● Import/Export of products
● Energy Savings
Pandemic Era Impacts:
● $263k in NEO Wage Reimbursements
● $135k in HUB Grants
● $114k in PPP and Covid Relief Grants
● Cal Competes Tax Credits:
○ Sierra Agra: $1,150,000
○ Esbenshade’s: $425,000
$2 million in Direct Funding to Local Businesses

WORKFORCE TRAINING PROGRAMS
John Lawson
Truck Driving Program Valley Apprenticeship Connections Central Valley Training Center
Customized Request for
Information (RFI) response
packets that include:
● Location competitive advantages
● Available real estate
● Local incentives
● Regional data
● Industry data
● Labor availability
● Quality of life
Attractions Marketing:

Info and Materials
● Economic Profile
● Fowler Trifold
Tradeshows and Events
● Manufacturing Summit
● MADE: Central CA
● SelectUSA
● WestPack
● ICSC
● Site Selector Guild
Foreign Direct Investment
Fowler Vacancy Rates
Fresno EDC Vacancy Actions:
● Presented the Opportunity Analysis
● Worked with firms and proposing their
available properties
● Proactive discussions with city staff to
assist in occupying vacancies

NOTABLE ATTRACTIONS - ESBENSHADE GREENHOUSES, INC
ABOUT
● Help growers of any stage of the production cycle get the most from their production.
● Offers a diverse line of Spring & Fall annuals, expertly-grown poinsettias, vegetable plants, perennials, Succulents, and more! SERVICES PROVIDED:
● Conduct economic reports
● Introduction via broker
● Assist with available incentives
○ $425k in Cal Competes Tax Credits
Local Economic and Social Impact
● Job creation: 37 jobs supported

NOTABLE ATTRACTIONS - SIERRA AGRA
ABOUT
● Innovative ag tech to create fruit juices, purees, concentrates, and aromas from raw product that doesn’t reach market
● Business Model:
○ 120 high-paying jobs with benefits
○ Divert massive amounts of fruit from landfills
SERVICES PROVIDED:
● Site selection and expansion
● $1.1 million in Cal Competes Tax Credits
● Impact and environmental evaluation
● New Employment Opportunities Program (NEO)
Local Economic and Social Impact
● Job creation: 204 jobs supported (120 direct)
● Direct, induced, and indirect economic impact: $170,002,372 ● Reduction of waste and associated greenhouse gas emissions:
27,000 MT
EDC utilizes statistically sound data and analysis to
drive our day-to-day activities around expansion,
retention and attraction strategies.
● Economic impact reports
● Impact measurement
● Incentive/tax credit calculator
● Industry specific targeted recruitment analysis
● Jobs-skills gap analysis
● Market gap/leakage reports (e.g. Retail Market
Report)
● Program performance evaluation
● Quarterly top jobs analysis
● Synthesization of growing industry clusters
and trends
● Grant support (i.e. EDA)

UTILIZING DATA TO DRIVE DAY-TO-DAY ACTIVITIES
$23 Million awarded to support employment focused training that results in 2,500 job placements by 2027 in 4 in-demand sectors:

Business Services, Construction, Manufacturing, and Transportation Any size business would be eligible to participate as an employer helping to define and refine training program outcomes
Four County Partnership: Fresno, Kings, Madera, and Tulare At the federal level, the Departments of Commerce, Labor, and Education are supportive of Good Jobs and will seek to design funding opportunities that sustain these programs

EDA GOOD JOBS CHALLENGE AWARD
Continued -EDA GOOD JOBS CHALLENGE AWARD
4 Core Program Components:

1. Agile programming:
● Co-created by employers to increase entry-level and upskilled incumbent worker pipelines
● Focused on skills needed by employers now to meet demand and spur economic growth
● Short-term, mid-term, and long-term training options available

1. Strategic investments in existing career pathways to scale impact by providing services in new locations and/or at new times

1. Community informed, place-based services including recruitment, case management, wraparound services and career navigation located throughout the service region with transportation assistance and/or nearby training options available to increase accessibility

1. Best-in-class resource platforms for jobseekers and partnering agencies, employers, and CBOs so every participant has a chance to have his or her needs met while training and seeking employment
● The California Transportation Commission (CTC) was
established in 1978 out of a growing concern for a single, unified California transportation policy.
● Responsible for programming and allocating funds for the construction of highway, passenger rail, transit and active transportation improvements throughout California.
● Advises and assists the Secretary of the California State Transportation Agency and the Legislature in formulating and evaluating state policies and plans for California’s transportation programs.
● The Commission is also an active participant in the
initiation and development of State and Federal
legislation that seeks to secure financial stability for the State’s transportation needs
Chair Eager

THANK YOU

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 40788-40885 January 30 thru February 15 $ 224,672.24 TOTAL ACCOUNTS PAYABLE CHECKS $ 224,672.24

PAYROLL COSTS
First February Bi-Monthly Payroll February 15, 2023 101,421.42 $ TOTAL PAYROLL COSTS $ 101,421.42
TOTAL CASH DISBURSEMENTS $ 326,093.66
NOTE:

Check #40807 Void Check
Check #40808 Void Check

CITY OF FOWLER

WARRANTS LIST
February 21, 2023
6-A
SUPERION PAGE NUMBER: 1
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40788 01/30/23 10995 ADT SECURITY SERVICES 6700 SEC SYS FEB-APR 23 0.00 179.93 1001 40789 01/30/23 10007 ALERT-O-LITE, INC 5000 UNIFORM STREETS 0.00 14.90 1001 40790 01/30/23 14802 AMARJEET GILL 6010 MILEAGE CM ACADEMY 0.00 248.59 1001 40791 01/30/23 14519 AMAZON CAPITAL SERVICES 6010 COUNCIL SUPPLIES 0.00 22.87 1001 40791 01/30/23 14519 AMAZON CAPITAL SERVICES 6120 PD SUPPLIES 0.00 22.87 1001 40791 01/30/23 14519 AMAZON CAPITAL SERVICES 6200 LIGHTS-STREETS 0.00 1,551.76 TOTAL CHECK 0.00 1,597.50
1001 40792 01/30/23 10549 AT&T MOBILITY 6120 AT&T FIRSTNET 0.00 300.77 1001 40792 01/30/23 10549 AT&T MOBILITY 6120 AT&T 1/11/23 0.00 707.23 TOTAL CHECK 0.00 1,008.00
1001 40793 01/30/23 14795 AUTOMATED ACCESS 6200 GATE MAINT PW YARD 0.00 731.70 1001 40794 01/30/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 199.00 1001 40795 01/30/23 11291 THE BUSINESS JOURNAL 6150 P.C. CUP APP 22-41 0.00 570.00 1001 40796 01/30/23 14803 CARLOS MACIAS 6120 PARKING HOTEL MACIAS 0.00 72.00 1001 40796 01/30/23 14803 CARLOS MACIAS 6120 PER DIEM 2/24 MACIAS 0.00 300.00 1001 40796 01/30/23 14803 CARLOS MACIAS 6120 HOTEL 2/20-2/24 MACIA 0.00 975.08 TOTAL CHECK 0.00 1,347.08
1001 40797 01/30/23 14053 CENTRAL VALLEY GUNS 6120 SHOTGUN MAINTENANCE 0.00 627.96 1001 40798 01/30/23 14356 COMCAST 6120 COMCAST BUSINESS 0.00 191.82 1001 40798 01/30/23 14356 COMCAST 6120 COMCAST BUSINESS 0.00 1,259.55 TOTAL CHECK 0.00 1,451.37
1001 40799 01/30/23 14804 CONTRA COSTA COUNTY SHER 6120 LIDAR TRN MACIAS/SALA 0.00 202.00 1001 40799 01/30/23 14804 CONTRA COSTA COUNTY SHER 6120 RADAR TRN MACIAS/SALA 0.00 436.00 TOTAL CHECK 0.00 638.00
1001 40800 01/30/23 10124 COUNTY OF FRESNO 6120 DISPATCH SVC JAN23 0.00 9,324.87 1001 40801 01/30/23 10084 DEPARTMENT OF JUSTICE 6120 BAC ANALYSIS 0.00 210.00 1001 40802 01/30/23 10488 FOWLER UNIFIED SCHOOL DI 6120 FUEL DEC 22 0.00 1,978.45 1001 40802 01/30/23 10488 FOWLER UNIFIED SCHOOL DI 6120 FUEL OCT 22 0.00 2,515.23 1001 40802 01/30/23 10488 FOWLER UNIFIED SCHOOL DI 6120 FUEL NOV 22 0.00 2,515.27 TOTAL CHECK 0.00 7,008.95
1001 40803 01/30/23 10104 FPOA 100 EMP DED 1/31/23 0.00 225.00 1001 40804 01/30/23 14749 HOFFMAN SECURITY 6020 MONTHLY SVCS 0.00 125.00 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6030 HEALTH BENEFITSFEB23 0.00 526.95 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6400 HEALTH BENEFITSFEB23 0.00 808.97 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6700 HEALTH BENEFITSFEB23 0.00 808.97 SUPERION PAGE NUMBER: 2
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6025 HEALTH BENEFITSFEB23 0.00 839.79 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6160 HEALTH BENEFITSFEB23 0.00 1,187.20 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6020 HEALTH BENEFITSFEB23 0.00 1,521.29 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6150 HEALTH BENEFITSFEB23 0.00 1,845.39 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6260 HEALTH BENEFITSFEB23 0.00 2,107.83 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 100 HEALTH BENEFITSFEB23 0.00 2,261.47 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6200 HEALTH BENEFITSFEB23 0.00 4,155.66 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 5000 HEALTH BENEFITSFEB23 0.00 7,037.05 1001 40805 01/30/23 13496 KEENAN & ASSOCIATES 6120 HEALTH BENEFITSFEB23 0.00 10,221.69 TOTAL CHECK 0.00 33,322.26
1001 40806 01/30/23 13981 LEIST AND ASSOCIATES 6120 IA INVEST 22-003 0.00 7,925.80 1001 40807 01/30/23 14750 MATTHEW SALAS 6120 PER DIEM 2/21-2/24 SA 0.00 300.00 1001 40807 V 01/30/23 14750 MATTHEW SALAS 6120 PER DIEM 2/21-2/24 SA 0.00 -300.00 TOTAL CHECK 0.00 0.00
1001 40808 01/30/23 10203 MID VALLEY PACKAGING & S 6150 COPY PAPER PLANNING 0.00 51.49 1001 40808 01/30/23 10203 MID VALLEY PACKAGING & S 6020 COPY PAPER ADMIN 0.00 154.48 1001 40808 01/30/23 10203 MID VALLEY PACKAGING & S 5000 UNIFORMS STREETS 0.00 214.52 1001 40808 V 01/30/23 10203 MID VALLEY PACKAGING & S 6150 COPY PAPER PLANNING 0.00 -51.49 1001 40808 V 01/30/23 10203 MID VALLEY PACKAGING & S 6020 COPY PAPER ADMIN 0.00 -154.48 1001 40808 V 01/30/23 10203 MID VALLEY PACKAGING & S 5000 UNIFORMS STREETS 0.00 -214.52 TOTAL CHECK 0.00 0.00
1001 40809 01/30/23 10215 NELSON HARDWARE & GIFTS 6200 SUPPLIES PARKS 0.00 47.25 1001 40810 01/30/23 10885 NELSONS POWER CENTER 6200 SUPPLIES STREETS 0.00 195.80 1001 40811 01/30/23 10237 P G & E - SACRAMENTO 2250 MANN/GLDN ST 1/24/23 0.00 16.27 1001 40811 01/30/23 10237 P G & E - SACRAMENTO 6200 429 E MERCED 1/24/23 0.00 105.41 1001 40811 01/30/23 10237 P G & E - SACRAMENTO 6130 220 E MAIN 1/24/23 0.00 1,423.40 TOTAL CHECK 0.00 1,545.08
1001 40812 01/30/23 12384 PITNEY BOWES GLOBAL FINA 6020 LEASE11/28/22-2/27/23 0.00 340.98 1001 40813 01/30/23 10249 QUILL 5000 WATER SUPPLIES 0.00 18.87 1001 40813 01/30/23 10249 QUILL 6150 PLANNING SUPPLIES 0.00 19.20 1001 40813 01/30/23 10249 QUILL 6200 OFF SUPP-PW 0.00 45.76 1001 40813 01/30/23 10249 QUILL 6010 COUNCIL SUPPLIES 0.00 47.55 1001 40813 01/30/23 10249 QUILL 6030 FINANCE SUPPLIES 0.00 52.33 1001 40813 01/30/23 10249 QUILL 6030 FINANCE SUPPLIES 0.00 60.76 TOTAL CHECK 0.00 244.47
1001 40814 01/30/23 10251 R & R AUTO REPAIR SHOP 6120 BATTERY #80 0.00 296.74 1001 40815 01/30/23 14805 SBRPSTC 6120 LIDAR TRAINING SOLIAN 0.00 35.00 1001 40816 01/30/23 11060 SOLIAN MARCO 6120 PER DIEM SOLIAN 0.00 75.00 1001 40816 01/30/23 11060 SOLIAN MARCO 6120 HOTEL SOLIAN 0.00 146.61 TOTAL CHECK 0.00 221.61
SUPERION PAGE NUMBER: 3
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 8500 DENTAL BENEFIT FEB23 0.00 6.56 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6030 DENTAL BENEFIT FEB23 0.00 29.91 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6400 DENTAL BENEFIT FEB23 0.00 33.18 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6700 DENTAL BENEFIT FEB23 0.00 33.18 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6025 DENTAL BENEFIT FEB23 0.00 36.50 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6150 DENTAL BENEFIT FEB23 0.00 86.25 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6020 DENTAL BENEFIT FEB23 0.00 143.98 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6160 DENTAL BENEFIT FEB23 0.00 185.79 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6260 DENTAL BENEFIT FEB23 0.00 199.08 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6200 DENTAL BENEFIT FEB23 0.00 235.56 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 5000 DENTAL BENEFIT FEB23 0.00 313.84 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 6120 DENTAL BENEFIT FEB23 0.00 852.68 1001 40817 01/30/23 13647 SUN LIFE FINANCIAL 100 DENTAL BENEFIT FEB23 0.00 1,156.78 TOTAL CHECK 0.00 3,313.29
1001 40818 01/30/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL SNR CTR 0.00 59.72 1001 40819 01/30/23 10725 VERIZON WIRELESS 6030 CELL PHONE 12/20-1/19 0.00 51.23 1001 40819 01/30/23 10725 VERIZON WIRELESS 6200 CELL PHONE 12/20-1/19 0.00 341.51 TOTAL CHECK 0.00 392.74
1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 8500 VISION BENEFIT FEB23 0.00 1.75 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6025 VISION BENEFIT FEB23 0.00 4.93 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6400 VISION BENEFIT FEB23 0.00 9.85 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6700 VISION BENEFIT FEB23 0.00 9.85 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6150 VISION BENEFIT FEB23 0.00 12.80 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6030 VISION BENEFIT FEB23 0.00 13.00 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6160 VISION BENEFIT FEB23 0.00 34.46 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6260 VISION BENEFIT FEB23 0.00 49.23 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6020 VISION BENEFIT FEB23 0.00 66.35 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 5000 VISION BENEFIT FEB23 0.00 104.96 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6200 VISION BENEFIT FEB23 0.00 118.14 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 6120 VISION BENEFIT FEB23 0.00 227.46 1001 40820 01/30/23 11335 VISION SERVICE PLAN - (C 100 VISION BENEFIT FEB23 0.00 241.98 TOTAL CHECK 0.00 894.76
1001 40821 01/30/23 10001 WASTE MANAGEMENT CA 6120 PURGE PROPERTY 0.00 1.51 1001 40823 01/30/23 14801 JITENDER SINGH 500 UB REFUND 0.00 79.29 1001 40824 01/30/23 14800 RAMOS, ERICA 500 UB REFUND 0.00 97.18 1001 40825 02/13/23 11689 A & C TIRE SERVICE 6200 FLEET TIRE PATCH 0.00 15.00 1001 40826 02/13/23 10007 ALERT-O-LITE, INC 5000 UNIFORMS STREET 0.00 214.52 1001 40827 02/13/23 14519 AMAZON CAPITAL SERVICES 6010 SUPPLIES CITY HALL 0.00 12.98 1001 40827 02/13/23 14519 AMAZON CAPITAL SERVICES 6025 SUPPLIES CITY HALL 0.00 13.50 TOTAL CHECK 0.00 26.48
1001 40828 02/13/23 14809 ANDERSON & BALLOU, INC. 5000 WATER MAIN REPAIR 0.00 37,000.00 SUPERION PAGE NUMBER: 4
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40829 02/13/23 10026 BCT CONSULTING 6120 VOIP 2/1/23 0.00 251.25 1001 40829 02/13/23 10026 BCT CONSULTING 5000 VOIP 2/1/23 0.00 251.25 1001 40829 02/13/23 10026 BCT CONSULTING 6030 VOIP 2/1/23 0.00 251.25 1001 40829 02/13/23 10026 BCT CONSULTING 6150 VOIP 2/1/23 0.00 251.25 1001 40829 02/13/23 10026 BCT CONSULTING 6150 NETWK SVC 2/1/23 0.00 458.69 1001 40829 02/13/23 10026 BCT CONSULTING 6120 NETWK SVC 2/1/23 0.00 458.70 1001 40829 02/13/23 10026 BCT CONSULTING 5000 NETWK SVC 2/1/23 0.00 458.70 1001 40829 02/13/23 10026 BCT CONSULTING 6030 NETWK SVC 2/1/23 0.00 458.70 1001 40829 02/13/23 10026 BCT CONSULTING 6160 HELP SVC 2/2/23 0.00 1,500.00 TOTAL CHECK 0.00 4,339.79
1001 40830 02/13/23 10024 BSK ASSOCIATES 5000 WATER TEST 0.00 460.00 1001 40831 02/13/23 13143 BUCKLES-SMITH ELECTRIC C 6200 FLUT660 TOOL PW 0.00 277.94 1001 40832 02/13/23 11291 THE BUSINESS JOURNAL 6025 INTRO ORD 2023-01 0.00 270.00 1001 40832 02/13/23 11291 THE BUSINESS JOURNAL 6150 CUP APP 19-02 0.00 375.00 TOTAL CHECK 0.00 645.00
1001 40833 02/13/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 413.16 1001 40833 02/13/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 450.04 1001 40833 02/13/23 10506 CALMAT CO DBA VULCAN MAT 6200 ASPHALT REPAIR 0.00 473.36 TOTAL CHECK 0.00 1,336.56
1001 40834 02/13/23 14356 COMCAST 6700 CABLE 1/25-2/24/23 0.00 6.04 1001 40835 02/13/23 10069 COUNCIL OF FRESNO COUNTY 7100 HOUSING ELEMENT 0.00 12,757.97 1001 40836 02/13/23 14789 DURATION LIGHTING 6200 LIGHTING 0.00 6.20 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 -21.60 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 1.08 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 3.89 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 4.97 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 7.13 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 8.65 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 10.38 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 10.80 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 12.10 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 12.98 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET SUPPLIES 0.00 13.25 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 15.14 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 21.60 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 21.60 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 21.63 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 23.80 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 24.88 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 25.52 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 27.05 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 28.76 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREET - SUPPLIES 0.00 40.28 1001 40838 02/13/23 14245 FOWLER ACE HARDWARE 6200 STREETS - SUPPLIES 0.00 84.29 SUPERION PAGE NUMBER: 5
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 398.18
1001 40839 02/13/23 14246 FOWLER ACE HARDWARE 6020 ADMIN SUPPLIES 0.00 2.80 1001 40839 02/13/23 14246 FOWLER ACE HARDWARE 6020 ADMIN SUPPLIES 0.00 7.13 TOTAL CHECK 0.00 9.93
1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 6.05 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 7.56 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 10.38 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 15.13 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 17.51 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 20.10 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 22.72 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 26.57 1001 40840 02/13/23 14247 FOWLER ACE HARDWARE 5000 WATER DEPT SUPPLIES 0.00 29.20 TOTAL CHECK 0.00 155.22
1001 40841 02/13/23 14249 FOWLER ACE HARDWARE 6260 PARKS - SUPPLIES 0.00 8.21 1001 40841 02/13/23 14249 FOWLER ACE HARDWARE 6260 PARK - SUPPLIES 0.00 21.40 1001 40841 02/13/23 14249 FOWLER ACE HARDWARE 6260 PARKS - SUPPLIES 0.00 27.05 1001 40841 02/13/23 14249 FOWLER ACE HARDWARE 6260 PARKS - SUPPLIES 0.00 47.61 1001 40841 02/13/23 14249 FOWLER ACE HARDWARE 6260 PARKS - SUPPLIES 0.00 86.56 TOTAL CHECK 0.00 190.83
1001 40842 02/13/23 10137 GLEIM-CROWN PUMP, INC 5000 PUMP MAINTENANCE 0.00 117.53 1001 40843 02/13/23 11329 JAM SERVICES INC 6200 STREETS - SUPPLIES 0.00 185.26 1001 40844 02/13/23 10189 LEAGUE OF CALIFORNIA CIT 6020 MEMBERSHIP DUES 2023 0.00 4,699.00 1001 40845 02/13/23 10201 METRO UNIFORM & ACCESSOR 6130 FIRE ACD UNFRM ZARATE 0.00 1,095.00 1001 40846 02/13/23 14428 NAVIA BENEFIT SOLUTIONS 6020 COBRA-JAN22 0.00 36.45 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 SUMER&MOGNOLA 1/13/23 0.00 4.49 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 127 S 6TH 1/27/23 0.00 5.22 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 SUMNER/HW99 1/13/23 0.00 8.99 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 TSFR 3LTS 1/13/23 0.00 9.62 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 1292 MILLAR 1/27/23 0.00 9.85 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS1-F-HWY LT 1/13/23 0.00 10.32 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS1-E-HWY LT 1/13/23 0.00 11.95 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 8TH/VINE 1/13/23 0.00 14.08 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 ADAMS/DEEAN 1/13/23 0.00 14.60 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 692 HILL AVE 1/23/23 0.00 14.78 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS1-A HWY LT 1/13/23 0.00 18.77 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 TR5090 1/13/23 0.00 21.48 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 TEMP/PARL 1/13/23 0.00 31.48 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS2-A-HWY LT 1/13/23 0.00 31.48 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS1-F-HWY LT 1/13/23 0.00 38.24 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 2250 300 W MERCED 1/27/23 0.00 45.24 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS2-A-HWY LT 1/13/23 0.00 47.05 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 2250 MAN/GLDST 1/27/23 0.00 48.18 SUPERION PAGE NUMBER: 6
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 3079 MANN 1/23/23 0.00 78.31 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 TR5041 1/13/23 0.00 82.64 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 2250 ADAMS/GLDN ST1/29//23 0.00 93.46 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 T5088 1/13/23 0.00 102.34 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 2250 MERCED/8TH 1/27/23 0.00 112.25 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 2250 GLDST/MAN SIG 1/27/23 0.00 122.92 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 GLDST/VLY DR 1/13/23 0.00 147.36 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 CLAYTON/ARMST 1/13/23 0.00 186.16 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 630 W FRESNO 1/23/23 0.00 191.09 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS1-C HWY LT 1/13/23 0.00 296.15 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS1-F-HWY LT 1/13/23 0.00 370.36 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 5000 325 S 5TH 1/27/23 0.00 583.51 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6150 122 S 5TH #A 1/27/23 0.00 589.14 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS2-A-WHY LT 1/13/23 0.00 707.55 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS1-A 1/13/23 0.00 708.57 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 2250 700 MERCED #A 1/27/23 0.00 733.27 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LSI-E-HWY LT 1/13/23 0.00 1,018.15 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 6200 LS2-A-HWY LT 1/13/23 0.00 1,091.30 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 5000 WELL SITE 8 1/30/23 0.00 4,824.72 1001 40847 02/13/23 10237 P G & E - SACRAMENTO 5000 WELL SITE #7 1/23/23 0.00 13,502.55 TOTAL CHECK 0.00 25,927.62
1001 40848 02/13/23 13095 PBM SUPPLY & MFG 6200 STREETS - SUPPLIES 0.00 16.38 1001 40848 02/13/23 13095 PBM SUPPLY & MFG 6200 STREETS - SUPPLIES 0.00 31.69 1001 40848 02/13/23 13095 PBM SUPPLY & MFG 6200 STREETS - SUPPLIES 0.00 42.69 1001 40848 02/13/23 13095 PBM SUPPLY & MFG 6200 STREETS - SUPPLIES 0.00 49.85 1001 40848 02/13/23 13095 PBM SUPPLY & MFG 6200 STREETS - SUPPLIES 0.00 197.92 TOTAL CHECK 0.00 338.53
1001 40849 02/13/23 11695 QUAD KNOPF 6150 GRANT ASSESSMENT 0.00 1,020.00 1001 40850 02/13/23 10249 QUILL 6020 SUPPLIES ADMIN 0.00 7.19 1001 40850 02/13/23 10249 QUILL 6020 SUPPLIES ADMIN 0.00 11.98 1001 40850 02/13/23 10249 QUILL 6020 SUPPLIES ADMIN 0.00 27.23 1001 40850 02/13/23 10249 QUILL 6030 SUPPLIES FINANCE 0.00 30.31 1001 40850 02/13/23 10249 QUILL 6150 SUPPLIES PLANNING 0.00 39.29 1001 40850 02/13/23 10249 QUILL 5000 SUPPLIES WATER 0.00 39.29 1001 40850 02/13/23 10249 QUILL 6030 SUPPLIES FINANCE 0.00 49.23 TOTAL CHECK 0.00 204.52
1001 40851 02/13/23 13354 QUINN CAT 5000 SERVICE WELL #8 0.00 4,902.46 1001 40851 02/13/23 13354 QUINN CAT 5000 SERVICE WELL #7 0.00 6,228.19 TOTAL CHECK 0.00 11,130.65
1001 40852 02/13/23 14479 RG POWER 6260 EQUIP MAINT PARKS 0.00 2.05 1001 40852 02/13/23 14479 RG POWER 6260 EQUIP MAINT PARKS 0.00 2.17 1001 40852 02/13/23 14479 RG POWER 6260 EQUIP MAINT PARKS 0.00 8.53 1001 40852 02/13/23 14479 RG POWER 6260 EQUP MAINT PARKS 0.00 11.72 TOTAL CHECK 0.00 24.47
1001 40853 02/13/23 11195 ROBERT V JENSEN INC 6260 FUEL 0.00 80.55 SUPERION PAGE NUMBER: 7
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40854 02/13/23 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES - PARKS 0.00 249.81 1001 40855 02/13/23 10288 SMART & FINAL 6700 SUPPLIES SNR CTR 0.00 114.41 1001 40855 02/13/23 10288 SMART & FINAL 6700 SUPPLIES - SNR CTR 0.00 310.10 TOTAL CHECK 0.00 424.51
1001 40856 02/13/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL SNR CTR 0.00 53.81 1001 40856 02/13/23 13543 UNIFIRST CORPORATION 6200 MATS/MOPS ADMIN 0.00 67.45 1001 40856 02/13/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS PW 0.00 79.66 1001 40856 02/13/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS WTR 0.00 79.66 1001 40856 02/13/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS PW 0.00 86.61 1001 40856 02/13/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS WATER 0.00 86.61 1001 40856 02/13/23 13543 UNIFIRST CORPORATION 5000 UNIFORMS WTR 0.00 96.60 1001 40856 02/13/23 13543 UNIFIRST CORPORATION 6200 UNIFORMS PW 0.00 96.61 TOTAL CHECK 0.00 647.01
1001 40857 02/13/23 10725 VERIZON WIRELESS 6150 CELL PHONE 1/23/23 0.00 101.92 1001 40858 02/13/23 14259 VISUAL EDGE IT INC DBA I 6160 COPIER SVC 2/6/23 0.00 162.65 1001 40858 02/13/23 14259 VISUAL EDGE IT INC DBA I 5000 COPIER SVC 2/6/23 0.00 162.65 1001 40858 02/13/23 14259 VISUAL EDGE IT INC DBA I 6150 COPIER SVC 2/6/23 0.00 162.65 1001 40858 02/13/23 14259 VISUAL EDGE IT INC DBA I 6020 COPIER SVC 2/6/23 0.00 162.65 TOTAL CHECK 0.00 650.60
1001 40860 02/15/23 14813 24/7 PET VET 6270 ANIMAL CARE SVCS 0.00 133.60 1001 40861 02/15/23 14152 A-C ELECTRIC CO 5000 SCADA REPAIR 0.00 455.55 1001 40862 02/15/23 14519 AMAZON CAPITAL SERVICES 6020 PRINTERS/ADMIN/PLAN 0.00 -204.87 1001 40862 02/15/23 14519 AMAZON CAPITAL SERVICES 6150 OFFICE SUPPLIES 0.00 8.93 1001 40862 02/15/23 14519 AMAZON CAPITAL SERVICES 6150 OFFICE SUPPLIES 0.00 12.52 1001 40862 02/15/23 14519 AMAZON CAPITAL SERVICES 6020 PRINTERS/ADMIN/PLAN 0.00 340.62 TOTAL CHECK 0.00 157.20
1001 40863 02/15/23 14576 ANGELA VASQUEZ 6025 STAFF RECGNITN REIMB 0.00 37.50 1001 40864 02/15/23 12489 BATTERY SYSTEMS INC 6260 BATTERY PARKS 0.00 153.54 1001 40865 02/15/23 10077 DALE BRISCO, INC 5000 PIPE - WATER 0.00 1,105.17 1001 40866 02/15/23 10087 DEPARTMENT OF TRANSPORTA 6200 2022 OCT-DEC LIGHTS 0.00 304.88 1001 40867 02/15/23 14789 DURATION LIGHTING 6200 LIGHTING PW 0.00 3,667.66 1001 40868 02/15/23 10104 FPOA 100 EMP DED 2/15/23 0.00 225.00 1001 40869 02/15/23 14816 INFINITY ENERGY 100 REF BP22-0056 0.00 375.00 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICES JAN23 0.00 22.00 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JAN23 0.00 44.00 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICES JAN23 0.00 44.00 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICES JAN23 0.00 44.00 SUPERION PAGE NUMBER: 8
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICES JAN23 0.00 701.20 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICES JAN23 0.00 880.00 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICES JAN23 0.00 1,738.00 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICES JAN23 0.00 3,212.00 1001 40870 02/15/23 10194 LOZANO SMITH 6060 LEGAL SERVICE JAN23 0.00 8,283.07 TOTAL CHECK 0.00 14,968.27
1001 40871 02/15/23 14491 MARGARITA MORENO 6030 CSMFO-TRAVEL- MORENO 0.00 331.40 1001 40872 02/15/23 14750 MATTHEW SALAS 6120 PER DIEM 2/21-2/24 SA 0.00 300.00 1001 40873 02/15/23 10215 NELSON HARDWARE & GIFTS 6260 SUPPLIES PARKS 0.00 134.50 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 2/1/23 0.00 2.42 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 2/1/23 0.00 8.11 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 129 W. SOUTH 2/1/23 0.00 10.52 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 MERCED/6TH 2/1/23 0.00 10.52 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 127 S 6TH 2/1/23 0.00 10.52 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 MERCED/7TH 2/1/23 0.00 13.78 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 5000 ADAMS/5TH 2/1/23 0.00 48.50 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 4218 GLDSTAT 2/1/23 0.00 61.62 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 95 E. ADAMS 2/1/23 0.00 61.67 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 7TH/TULARE 2/1/23 0.00 73.49 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 2831 MANN 2/1/23 0.00 73.55 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 GLDNST B 2/1/23 0.00 84.31 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 420 E MERCED 2/1/23 0.00 133.11 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 212 E MERCED 2/1/23 0.00 224.24 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6260 9TH/MERCED 2/1/23 0.00 238.48 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6260 500 E MERCED 2/1/23 0.00 289.38 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6080 128 S 5TH 2/1/23 0.00 300.62 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6700 420 E MERCED 2/1/23 0.00 369.05 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 5000 TEMP/GOLDN 2/1/23 0.00 379.85 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6700 420 E MERCED 2/1/23 0.00 711.42 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6200 5TH/FRSNO 2/1/23 0.00 758.76 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6080 128 S 5TH 2/1/23 0.00 826.36 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6260 500 E MERCED 2/1/23 0.00 941.28 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 6080 MAIN/5TH 2/1/23 0.00 1,095.33 1001 40874 02/15/23 10237 P G & E - SACRAMENTO 5000 SESWNW231521 2/1/23 0.00 1,592.03 TOTAL CHECK 0.00 8,318.92
1001 40875 02/15/23 13095 PBM SUPPLY & MFG 6200 STREET SUPPLIES 0.00 12.55 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 SPR 22-43 0.00 117.60 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 SPR 22-56 0.00 118.30 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 EDA GRANT 0.00 132.30 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 SPR 22-44 0.00 220.50 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 CUP 22-41 0.00 257.60 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 SPR 22-45 0.00 305.20 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 TSM 22-55 0.00 403.20 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 SPR 22-50 0.00 584.50 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 TM 22-0047 0.00 804.30 1001 40876 02/15/23 13655 PROVOST & PRITCHARD 6150 GENERAL PLAN 0.00 5,370.81 SUPERION PAGE NUMBER: 9
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 8,314.31
1001 40877 02/15/23 14815 SAFE STEP WALK-IN TUB LL 100 REF BP21-0420 0.00 202.75 1001 40878 02/15/23 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES PARKS 0.00 -1,283.03 1001 40878 02/15/23 13355 SITE ONE LANDSCAPE SUPPL 6260 SUPPLIES PARKS 0.00 1,710.71 TOTAL CHECK 0.00 427.68
1001 40879 02/15/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL SNR CNTR 0.00 56.06 1001 40879 02/15/23 13543 UNIFIRST CORPORATION 6700 JANITORIAL SNR CTR 0.00 59.72 TOTAL CHECK 0.00 115.78
1001 40880 02/15/23 14730 WILMA TUCKER 6020 CSJVRMA-TRAVEL-TUCKER 0.00 260.15 1001 40882 02/15/23 14806 JOE CARRASCO 500 UB REFUND 0.00 52.33 1001 40883 02/15/23 14807 ALVAREZ, FRANCES 500 UB REFUND 0.00 17.53 1001 40884 02/15/23 14808 JONATHAN & CECILIA AYALA 500 UB REFUND 0.00 51.52 1001 40885 02/15/23 14817 VASQUEZ, OSWALDO & SUSIE 500 UB REFUND 0.00 100.00 TOTAL CASH ACCOUNT 0.00 219,517.21
TOTAL FUND 0.00 219,517.21
SUPERION PAGE NUMBER: 10
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 212 - ARPA FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40881 02/15/23 14433 PRICE PAIGE & COMPANY CP 2120 AUDIT 21-22 0.00 2,058.00 TOTAL CASH ACCOUNT 0.00 2,058.00
TOTAL FUND 0.00 2,058.00
SUPERION PAGE NUMBER: 11
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 236 - ACTIVE TRNSPORT PLN (ATP)

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40822 01/30/23 12060 PETERS ENGINEERING GROUP 2360 GLDN STATE BIKE PATH 0.00 1,146.08 1001 40822 01/30/23 12060 PETERS ENGINEERING GROUP 2360 GLDN STATE BIKE PATH 0.00 1,400.00 TOTAL CHECK 0.00 2,546.08
TOTAL CASH ACCOUNT 0.00 2,546.08
TOTAL FUND 0.00 2,546.08
SUPERION PAGE NUMBER: 12
DATE: 02/15/2023 CITY OF FOWLER ACCTPA21
TIME: 18:24:15 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '40788' and '40885' ACCOUNTING PERIOD: 8/23
FUND - 900 - PUBLIC FINANCING AUTH

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 40859 02/13/23 10214 NBS 9000 SB1029 REPORTING 0.00 550.95 TOTAL CASH ACCOUNT 0.00 550.95
TOTAL FUND 0.00 550.95
TOTAL REPORT 0.00 224,672.24
1 MINUTES OF THE FOWLER CITY COUNCIL SPECIAL MEETING
Tuesday, February 7, 2023
Mayor Parra called the meeting to order at 6:06 p.m.

Councilmembers Present: Parra, Mejia, Gill, Hammer, Kazarian (via teleconference) City Staff Present: City Manager Tucker, City Attorney Cross, Public Works Director Dominguez, Community and Economic Development Director
Gaffery, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, Police Chief Reid, Deputy City Clerk Vasquez

5. CEREMONIAL PRESENTATION
Accounting Assistant, Nancy Mares, was recognized as Employee of the Quarter.

6. PUBLIC COMMENT
No members of the public spoke.

7. CONSENT CALENDAR
City Attorney Cross noted Item 7-C (AB 361) may expire at the end of February 2023 due to the Governor declaring an end to the state of emergency. AB 2449 is an alternative option to AB 361. Mayor Parra requested City Attorney Cross provide the AB 2449 language to the Council for their review.

Mayor Pro-Tem Mejia made a motion to approve Item 7-A and Items 7C-7G of the consent calendar, seconded by Councilmember Gill. The motion carried by roll call vote:

Ayes: Mejia, Gill, Hammer, Kazarian, Parra

8. CONTESTED CONSENT CALENDAR
Councilmember Kazarian requested to abstain from Item 7-B.

Mayor Pro-Tem Mejia made a motion to approve Item 7-B of the consent calendar, seconded by Councilmember Hammer. The motion carried by roll call vote: Ayes:

Mejia, Hammer, Gill, Parra. Abstain: Kazarian

9. GENERAL ADMINISTRATION
9-A. Finance
6-B
2 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
Councilmember Hammer made a motion to ACCEPT the fiscal year 2022-23 mid-year budget report and ADOPT Resolution No. 2624 approving fiscal year 2022-23 proposed budget amendments, seconded by Councilmember Gill. The motion carried by roll call vote: Ayes: Hammer, Gill, Kazarian, Mejia, Parra
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 9yj 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, 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: 343-2162-12) from the C-2 (Community Commercial) zone district to the RM-2-A (MultiFamily Residential – 3,500 square foot lot area) zone district Councilmember Mejia made a motion to ADOPT a Consistency Finding pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183; and INTRODUCTION of
Ordinance No. 2023-01, amending the zoning map of 113 South 9th Street (APN: 343-2162-12) from the C-2 (Community Commercial) zone district to the RM-2-A (Multi-Family Residential – 3,500 square foot lot area) zone district, seconded by Councilmember Hammer. The motion carried by roll call vote: Ayes: Mejia, Hammer, Gill, Kazarian, Parra
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)
3 1. ADOPT a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332

2. APPROVE Resolution No. 2625, reversing the Planning
Commissioner’s decision and approving Conditional Use Permit No. 19-02
Mayor Parra asked the applicant, Bhupinder Bajwa, if he would like to speak. Mr. Bajwa stated that he would like the item re-heard at Planning Commission as there was an absence when it was heard.

Mayor Parra made a motion to send Item 9-Biii 1 & 2 back to Planning Commission to reconsider as a five-member body for a vote, seconded by Councilmember Gill. The motion carried by roll call vote: Ayes: Parra, Gill, Hammer, Mejia. Noes: Kazarian 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 inspections 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
Councilmember Hammer made a motion to APPROVE an
agreement with Fire Safety Solutions, Inc. for fire safety inspections services on a time and materials basis in an amount not to exceed $49,000 and APPROVE Resolution No. 2626 approving updated fire safety inspection fees, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Hammer, Kazarian, Gill, Mejia, Parra
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 4 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
Councilmember Kazarian made a motion to 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 and 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, seconded by Councilmember Gill. The motion carried by roll call vote: Ayes: Kazarian, Gill, Hammer, Mejia, Parra

10. CITY MANAGER
10-A. Fire Engine Workshop
Mayor Parra made a motion to explore the sale of the two fire engines that have pending lease payments, seconded by Mayor Pro-Tem Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Gill, Hammer; Noes: Kazarian

11. STAFF COMMUNICATIONS
11-A. Quarterly update from Fresno County Fire Protection District A quarterly update was provided by Fire Chief Hail.

Updates were provided by City Manager Tucker, Community and Economic Development Director Gaffery, City Planner Marple, Police Chief Reid, Finance Director Moreno, Public Works Director Dominguez

12. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Mayor Pro-Tem Mejia, Councilmember Gill, and Mayor Parra.

Mayor Parra requested that a resolution be brought to Council going forward to adjust the regular City Council meeting time from 7:00 p.m. to 6:00 p.m. 5 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
No reportable action was taken on any of the two items.

14. ADJOURN
Having no further business, the meeting adjourned at 9:02 p.m.

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-C

REPORT TO THE CITY COUNCIL
February 21, 2023
FROM DAWN E. MARPLE, City Planner

SUBJECT
ADOPT 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.

RECOMMENDATION
Ordinance 2023-01 was introduced by unanimous approval of the City Council on February 7, 2023. It is recommended that the Ordinance be adopted.

BACKGROUND
This item was introduced at the February 7, 2023 City Council meeting.

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 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 Actions Pertaining to Ordinance No. 2023-01
February 21, 2023

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.

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 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:
- Ordinance No. 2023-01
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 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT: APPROVED:
___________________________________
ATTEST: Daniel T. Parra, Mayor
____________________________________
Angela Vasquez, Deputy City Clerk
Exhibit “A”

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-D

REPORT TO THE CITY COUNCIL
February 21, 2023
FROM DARIO DOMINGUEZ, Public Works Director

SUBJECT
APPROVE a funding agreement with Department of Water Resources for the construction of a new Municipal Water Well in the amount of $2,073,450.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
On October 8, 2021, staff submitted a grant through the Small Community Drought Relief Program.

The purpose of the project is to provide a second water supply source on the west side of the City which improves resiliency for the community as a whole and redundancy for this area, especially as water levels decline due to the drought. The new well will be located at the northeast corner of the Stanford and South Avenue. The parcel (APN 343-280-60) is owned by the City.

On April 29, 2022, the City received the award letter from the Department of Water Resources (DWR).

Since then, staff have been working with the State to develop the funding agreement, at the same time working with the engineering team on the design of the new water well.

The grant funding will cover both engineering design and construction costs associated with the project.

In the unlikely event the project costs exceed the awarded amount, the City may solicit a budget amendment through DWR and ask for more funding. The well is scheduled to be constructed and in operation by December 31, 2024, or sooner. There is no match to the grant since the City is considered a disadvantaged community.

APPROVE agreement with Department of Water Resources
February 21, 2023

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

FISCAL IMPACT
There is no impact to the general fund or water fund as this project is entirely grant funded.

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

Attachments
- Department of Water Resources Agreement
Grant Agreement No. 46000XXXXX

STATE OF CALIFORNIA

CALIFORNIA NATURAL RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES
AGREEMENT NUMBER: 46000XXXXX

FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
AND

CITY OF FOWLER

FOR THE

CITY OF FOWLER DROUGHT RESILIENCY PROJECT

A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM

FUNDED BY
THE BUDGET ACT OF 2021 AS AMENDED
(STATS. 2022, ch. 44, § 25)
Grant Agreement No. 46000XXXXX

FUNDING AGREEMENT BETWEEN

THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND

CITY OF FOWLER
<SAP AGREEMENT NUMBER>

SMALL COMMUNITY DROUGHT RELIEF PROGRAM
THIS FUNDING AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR” and the City of Fowler, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:

1. PURPOSE. State shall provide funding pursuant to the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25), to the Grantee to assist in financing the City of Fowler Drought Resiliency Project (Project). By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.

2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by State, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by December 31, 2024, and no funds may be requested after March 31, 2025.

3. PROJECT COST. The reasonable cost of the Project is estimated to be $2,073,450.

4. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $2,073,450.

5. GRANTEE REQUIRED COST SHARE. Grantee agrees to fund the difference between the actual Project Cost in Paragraph 3 and the amount specified in Paragraph 4, if any.

6. BASIC CONDITIONS. State shall have no obligation to disburse money for the Project under this Funding Agreement until Grantee has satisfied the following conditions:

A. For the term of this Funding Agreement, Grantee submits timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.”
B. Grantee submits all deliverables as specified in Paragraph 13 of this Funding Agreement and in Exhibit A.

C.Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State:
i. Final plans and specifications certified by a California Registered Civil Engineer as to compliance for the Project as listed in Exhibit A of this Funding Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Funding Agreement until the following actions are performed:
a. Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, and
b. Documents that satisfy the CEQA process are received by the State, and Grant Agreement No. 46000XXXXX

c. Grantee receives written concurrence from the State of the Lead Agency’s CEQA document(s) and State notice of verification of environmental permit submittal.

State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, State will consider the environmental documents and decide whether to continue to fund the Project or to require changes, alterations, or other mitigation. Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation.

7. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations pursuant to any federal statute or regulation. Any and all money disbursed to Grantee under this Funding Agreement shall be deposited in a separate account and shall be used solely to pay Eligible Project Costs.

8. ELIGIBLE PROJECT COST. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Work performed on the Project after April 29, 2022, shall be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to the following items:

A. Costs incurred prior to April 29, 2022.

B. Operation and maintenance costs, including post-construction performance and monitoring costs.

C. Purchase of equipment not an integral part of the Project.

D. Establishing a reserve fund.

E. Monitoring and assessment costs for efforts required after Project construction is complete.

F. Replacement of existing funding sources for ongoing programs.

G. Payment of federal or state taxes.

H. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.

I. Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement).

J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or land purchased prior to April 29, 2022.

K. Overhead and indirect costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily Grant Agreement No. 46000XXXXX

assignable to the funded project (i.e., costs that are not directly related to the funded project).

Examples of Indirect Costs include but are not limited to: central service costs; general administration of the Grantee; non-project-specific accounting and personnel services performed within the Grantee’s organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition; conference fees; and, generic overhead or markup. This prohibition applies to the Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

9. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 6 “Basic Conditions” are met, State will disburse the whole or portions of State funding to Grantee, following receipt from Grantee via US mail or Express mail delivery of a “wet signature” invoice, or an electronic invoice certified and transmitted via DocuSign for costs incurred, including Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.” Payment will be made no more frequently than monthly, in arrears, upon receipt of an invoice bearing the Funding Agreement number. State will notify Grantee, in a timely manner, whenever, upon review of an Invoice, State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Grantee fails to submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the implementation of the Project.

C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, timesheets) must be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 4, “Funding Amount” and those costs that represent Grantee’s costs, as applicable, in Paragraph 5, “Grantee Required Cost Share.” v. Invoices can be submitted by one of the following methods. a. Via email at [email protected]
b. Mail the invoice with the original “wet signature” to the following address: Josh Bannister, Department of Water Resources, South Central Region Office, 619 N.

Laverne Avenue, Suite 104, Fresno, CA 93727
Grant Agreement No. 46000XXXXX

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs/cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572- 1573; Pen. Code, §§ 115, 470, 487-489.)

10. WITHHOLDING OF DISBURSEMENTS BY STATE. If State determines that the Project is not being implemented in accordance with the provisions of this Funding Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Funding Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, the portion that has been disbursed shall thereafter be repaid immediately as directed by State. State may consider Grantee’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Paragraph 11, “Default Provisions.” If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this Paragraph, this Funding Agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Funding Agreement and the Funding Agreement shall no longer be binding on either party.

11. DEFAULT PROVISIONS. Grantee will be in default under this Funding Agreement if any of the following occur:

A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee’s obligations.

B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding.

C. Failure to operate or maintain the Project in accordance with this Funding Agreement.

D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5.

E. Failure to submit timely progress reports.

F. Failure to routinely invoice State.

G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do any of the following:

A. Declare the funding disbursed be immediately repaid.

Grant Agreement No. 46000XXXXX

B. Terminate any obligation to make future payments to Grantee.

C. Terminate the Funding Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

12. CONTINUING ELIGIBILITY. Grantee must meet the following ongoing requirement(s) to remain eligible to receive State funds:

A. Grantee must adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406) for data sharing, transparency, documentation, and quality control.

B. If the Grantee diverting surface water, the Grantee must maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et seq.

C. If applicable, maintain compliance with the Urban Water Management Planning Act (Wat. Code, § 10610 et seq.).

D. If applicable, maintain compliance with Sustainable Water Use and Demand Reduction requirements outlined in Water Code Section 10608, et seq.

E. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law.

The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

13. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager and shall be submitted via email or DWR’s “Grant Review and Tracking System” (GRanTS). If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: Grantee shall submit Quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Quarterly Progress Reports shall be sent directly to the Project Manager via email or uploaded via GRanTS, and the State’s Project Manager notified of upload. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Grantee’s activities, milestones achieved, any Grant Agreement No. 46000XXXXX

accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than three months after the execution of the agreement with future reports then due on successive three-month increments based on the invoicing schedule and this date.

B. Project Completion Report: Grantee shall prepare and submit to State a Project Completion Report for the Project. Grantee shall submit the Project Completion Report within ninety (90) calendar days of project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during the Project. The Project Completion Report shall also include, if applicable, certification of final project by a registered civil engineer, consistent with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer”. A DWR “Certification of Project Completion” form will be provided by the State.

14. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of the Project, and shall ensure or cause the Project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Funding Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal of Grantee to ensure operation and maintenance of the Project in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, “Default Provisions.”

15. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Funding Agreement and provide the opportunity for attendance and participation by State’s representatives. Grantee shall make such notification at least 14 calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grant Agreement No. 46000XXXXX

Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee regarding the Project or that may affect the Project in any way.

E. Final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer.” Grantee shall notify the State’s Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection.

16. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service, provided that next-business-day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

17. PERFORMANCE EVALUATION. Upon completion of this Funding Agreement, Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.

Grant Agreement No. 46000XXXXX

18. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
City of Fowler
Wilma Tucker
City Manager
128 S. 5th Street
Fowler, CA 93625
Phone: (559) 834-3113
Email:[email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Josh Bannister
Water Resource Engineer
South Central Region Office
691 N. Laverne Ave, Suite 104
Fresno, CA 93727
Phone: (916) 820-7622
Email: [email protected]
City of Fowler
Dario Dominguez
Public Works Director
128 S. 5th Street
Fowler, CA 93625
Phone: (559) 834-3113
Email:[email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

19. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:

Exhibit A – WORK PLAN
Exhibit B – BUDGET
Exhibit C – SCHEDULE
Exhibit D – STANDARD CONDITIONS
Exhibit E – GRANTEE’S AUTHORIZING RESOLUTION
Exhibit F – REPORT FORMATS AND REQUIREMENTS
Exhibit G – STATE AUDIT DOCUMENT REQUIREMENTS
Exhibit H – INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE Exhibit I – APPRAISAL SPECIFICATIONS
Exhibit J – ADVANCE PAYMENT
Grant Agreement No. 46000XXXXX

IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
______________________________
Arthur Hinojosa, Manager
Division of Regional Assistance
Date__________________________
Approved as to Legal Form and Sufficiency
______________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel

CITY OF FOWLER
______________________________
Wilma Tucker, City Manager
Date__________________________
Grant Agreement No. 46000XXXXX

Exhibit A

WORK PLAN
Project Title: City of Fowler Drought Resiliency Project Grantee: City of Fowler
Project Description: The Project is comprised of constructing a new well (Well 9) on the west side of the system and equipping it with necessary piping, a backup generator, and other appurtenances to improve water supply resiliency for the community, especially as water levels decline due to the current drought.

The Grantee’s water system has only one production well (Well 8) on the west side of State Route 99 (SR99) and three small diameter connection points from the west side of the system to the east side of the system where most of the supply sources are located. This water system functions, in some regards, as two separate components of the overall water system due to the minimal connectivity between the west and the east side of the Grantee’s water system.

Task 1 – Project Administration
This task includes project administration, invoicing, and reporting.

Project administration includes working with DWR to develop and execute the Funding Agreement, administration of the Project including overseeing the budget and schedule, making payments to engineers and contractors after inspections and/or approval of work, and other activities related to the completion of the Project. Administration includes attending weekly/monthly meetings (as needed) with DWR Project Manager and other meetings required with approval agencies.

Invoicing includes preparing and submitting invoices and appropriate backup documentation to the DWR Project Manager describing the work completed and listing the costs incurred during the billing cycle.

Reporting includes preparing and submitting progress reports to DWR. Prepare quarterly reports and submit them to DWR. Draft Project Completion Report and submit for DWR comment. Prepare final Project Completion Report incorporating DWR comments. All reports should be prepared as specified in Exhibit F of this Agreement.

Deliverables:
• Invoices and supporting documents
• Quarterly progress reports
• Draft Project Completion Report
• Final Project Completion Report
• Auditable Records
Grant Agreement No. 46000XXXXX

Task 2 – CEQA Documentation and Permitting
This task includes completing the Environmental Information Form (EIF), preparing documentation to satisfy CEQA compliance, and obtaining permits for the Project. DWR will review CEQA documentation for concurrence prior to beginning construction. The Grantee is responsible for obtaining the permits needed for the Project.

Deliverables:
• Environmental Information Form
• Final CEQA documentation
• Copies of other necessary permits
Task 3 – Design and Engineering Services
This task includes preparing design documents to indicate the location of all proposed water system improvements including plans and specifications for Well 9 with a production capacity of approximately 1,200 gallons per minute, discharge piping, valves, and other appurtenances. This task also includes engineering services during bid solicitation and construction.

This task includes well site evaluation, schematic design, boundary and topographical survey, geotechnical investigation, final design, application for electrical service to the well site, construction documents (plans and specifications), and opinion of probable construction cost. This task will also include preparing bid documents, advertising for construction, and awarding construction contracts.

Once construction documents are finalized, the Grantee will solicit bids from qualified contractors for the construction of the Project.

Deliverables:
• Design documents
• Final design plans, specifications, and cost estimates • Copy of Bid Documents
• Proof of Advertisements
• Copy of awarded contracts
• Copy of Notices to Proceed
Task 4 – Construction
This task includes constructing Well 9 and other associated improvements. Construction will be divided into three components: (1) filling the existing storm drain pond; (2) drilling a pilot hole for water quality testing and constructing a production well; and (3) constructing well site improvements and equipping the well. The detailed construction activities are as follows. • Demolish, remove, and dispose of existing facilities inside the storm drain pond. • Backfill the storm drain pond with compacted fill material. • Drill pilot hole to conduct zone sampling for the final well design. • Construct production well after water quality test results are received.

Grant Agreement No. 46000XXXXX

• Construct well site improvements including site grading, discharge piping, equipping the well, electrical equipment with enclosure, and fencing with access gates to protect the new well site. • Install a standby generator as a backup power supply.

This task also includes construction management, owner electrical utility service fees, environmental pre-construction surveys (if required), materials and water quality testing, and construction administration and review. In addition, this task will include engineering and surveying services during construction, including construction staking, submittal review, response to requests for information (RFI), periodic site visits, and preparation of as-built drawings.

Deliverables:
• Zone sampling test results
• Water quality analyses
• Well completion report
• Well logs
• Construction photos
• Certification of Project Completion
• As-Built Drawings
Grant Agreement No. 46000XXXXX

Exhibit B
BUDGET
All work associated with the Project must be completed prior to payment of retention. The Grantee is required to maintain all financial documents related to the Project in accordance with Exhibit G (State Audit Document Requirements for Grantees).

Task Funding
Amount
Task 1 – Project Administration $51,900
Task 2 – CEQA Documentation and Permitting $54,600
Task 3 – Design and Engineering Services $362,200
Task 4 – Construction $1,604,750
Grand Total $2,073,450
Grant Agreement No. 46000XXXXX

Exhibit C

SCHEDULE
Task Start Date End Date
Task 1 – Project Administration 4/29/2022 12/31/2024
Task 2 – CEQA Documentation and Permitting 11/30/2022 8/31/2023 Task 3 – Design and Engineering Services 11/30/2022 8/31/2023 Task 4 – Construction 8/1/2023 12/31/2024
Grant Agreement No. 46000XXXXX

Exhibit D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds.

Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a separate account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement:
“Funding for this project has been provided in full or in part from the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State Grant Agreement No. 46000XXXXX

may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.

D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 11.

D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a Grant Agreement No. 46000XXXXX

resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting.

D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void.

Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment.

No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date, he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date, he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Grantee: Individuals working on behalf of the Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

Grant Agreement No. 46000XXXXX

D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory, State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the DrugFree Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by the Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract, or subcontract.

D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in the first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State Grant Agreement No. 46000XXXXX

permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement acceptable to the State may result in termination of this Agreement.

D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.

D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation, and maintenance of the Project. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including any breach of this Agreement. Grantee shall require its contractors or subcontractors Grant Agreement No. 46000XXXXX

to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of the Grantee, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grantee. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C that concern the budget and schedule without formally amending this Funding Agreement. Nonmaterial changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Nonmaterial changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medical and family care leave or pregnancy disability leave.

Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and Grant Agreement No. 46000XXXXX

harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representatives of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Funding Agreement, any remaining funds revert to the State.

The State will notify the Grantee stating that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Funding Agreement.

D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Grant Agreement No. 46000XXXXX

Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.

D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this Paragraph for any public purpose.

D.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 11.

D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.42. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.43. TIMELINESS: Time is of the essence in this Funding Agreement.

D.44. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement.

Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may Grant Agreement No. 46000XXXXX

be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.

Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.

Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

Grant Agreement No. 46000XXXXX

Exhibit E
GRANTEE’S AUTHORIZING RESOLUTION
Grant Agreement No. 46000XXXXX

Grant Agreement No. 46000XXXXX

Exhibit F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

1. PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information.

PROJECT STATUS
Describe the work performed during the time period covered by the report including but not limited to:

PROJECT INFORMATION
• Legal matters
• Engineering Evaluations
• Environmental matters
• Status of permits, easements, rights-of-way, rights of entry, and approvals as may be required by other State, federal, and/or local agencies • Major accomplishments during the quarter (i.e., tasks completed, milestones met, meetings held or attended, press releases, etc.)
• Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
• Describe differences between the work performed and the work outlined in the Overall Work Plan, including change orders
• Demonstrate financial ability to pay local cost share of Eligible Project Costs required to complete the Project
• Estimate the percentage completion of the overall project • Identify key issues that need to be resolved
• Photos documenting progress

COST INFORMATION
• Provide a list showing all project costs incurred during the time period covered by the report by the Grantee and each contractor working on the Project and which of these costs are Eligible Project Costs
• A discussion on how the actual budget is progressing in comparison to the project budget included in the Overall Work Plan
• A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Overall Work Plan • A discussion of whether there have been any changes to the Grantee’s finance plan for payment of the Grantee’s share of Eligible Project Costs Grant Agreement No. 46000XXXXX

SCHEDULE INFORMATION
• A schedule showing actual progress versus planned progress • A discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
• A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule

2. PROJECT COMPLETION REPORT
Project Completion Reports shall generally use the following format.

EXECUTIVE SUMMARY – Should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original application • Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
REPORTS AND/OR PRODUCTS – The following items should be provided • Final Evaluation report
• Electronic copies of any data collected, not previously submitted • As-built drawings
• Final geodetic survey information
• Self-Certification that the Project meets the stated goal of the funding agreement (e.g. 100- year level of flood protection, HMP standard, PL-84-99, etc.) • Project photos
• Discussion of problems that occurred during the work and how those problems were resolved
• A final project schedule showing actual progress versus planned progress COSTS AND DISPOSITION OF FUNDS – A list showing:
• The date each invoice was submitted to State
• The amount of the invoice
• The date the check was received
• The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
• A summary of the payments made by the Grantee for meeting its cost sharing obligations under this Funding Agreement.
• A summary of final funds disbursement including:
o Labor cost of personnel of agency/ major consultant /sub-consultants. Indicate personnel, hours, rates, type of profession, and reason for consultant, i.e., design, CEQA work, etc.

Grant Agreement No. 46000XXXXX

o Evaluation cost information, shown by material, equipment, labor costs, and any change orders
o Any other incurred cost detail
o A statement verifying separate accounting of funding disbursements • Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed; and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.

ADDITIONAL INFORMATION – Any relevant additional Information should be included.

Grant Agreement No. 46000XXXXX

Exhibit G

STATE AUDIT DOCUMENT REQUIREMENTS
The following provides a list of documents typically required by State Auditors and general guidelines for Grantees. List of documents pertains to both State funding and Grantee’s Cost Share, if any, and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Grantees should ensure that such records are maintained for three (3) years after final disbursement pursuant to this Agreement.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State-funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Funding Agreement, any amendment(s), and budget modification documents.

2. A listing of all grants, loans, or subventions received from the State.

3. A listing of all other funding sources for the Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State-funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests, and related Funding Agreement budget line items.

3. Reimbursement requests submitted to the State for the Funding Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposits of the payments received from the State.

Grant Agreement No. 46000XXXXX

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Funding Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Funding Agreement related correspondence.

Grant Agreement No. 46000XXXXX

Exhibit H

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee must provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents must be submitted within the term of this Funding Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer’s Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder’s Office
• Copy of Escrow Closure Notice
Grant Agreement No. 46000XXXXX

Exhibit I

APPRAISAL SPECIFICATIONS
For property acquisitions funded this Funding Agreement, the Grantee must submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. All appraisal reports, regardless of report format, must include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report.

Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.

3. Table of contents.

4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.

5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.

6. Definition of Fair Market Value, as defined by Code of Civil Procedure, section 1263.320.

7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.

8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.

9. A legal description of the subject property, if available.

10.For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.

11.Three-year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

12.Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive-habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the state. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.

13.Regional, area, and neighborhood analyses. This information may be presented in a summary format.

14.Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.

15.Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite Grant Agreement No. 46000XXXXX

improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).

16.Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data must include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.

17.Subject property leasing and operating cost history, including all items of income and expense.

18.Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.

19.Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit.

Discuss the title exceptions and analyze the effect of title exceptions on fair market value.

20.For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing preproject levees that render the take area different from the larger parcel must be addressed in the valuation.

21.Opinion of highest and best use for the subject property, based on an in depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.

22.All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.

23.Map(s) showing all comparable properties in relation to the subject property.

24.Photographs and plat maps of comparable properties.

25.In depth discussion of comparable properties, similarities and differences compared to the subject, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties must include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26.Comparable data sheets.
a) For sales, include information on grantor/grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks Grant Agreement No. 46000XXXXX

such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. b) For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c) For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements must be segregated from the land value.

27.For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.

28.For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.

29.There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber must be completed by a credentialed subject matter specialist.

30.For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.

31.Implied dedication statement.

32.Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.

33.Discussion of any departures taken in the development of the appraisal.

34.Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35.If applicable, in addition to the above, appraisals of telecommunication sites must also provide:
a) A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area.
b) An analysis of other (ground and vault) leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, backup power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.

Grant Agreement No. 46000XXXXX

Exhibit J

ADVANCE PAYMENT
Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:

A. If the Grantee is requesting the advanced payment, the request(s) shall include:

1. Descriptive information of each project with an update on project status

2. Description and documentation of the cash flow issues the Grantee has that requires funds to be advanced

3. The names of the entities that will receive the funding for each project

4. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds.

5. Any other information that DWR may deem necessary
B. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds.

Based on the project’s Funding Plan and other considerations, DWR may develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.

C. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 18, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds. The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:

1. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.

2. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.”

3. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the Grant Agreement No. 46000XXXXX

tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.

4. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:
i. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B. ii. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved. iii. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account. iv. Proof of distribution of advanced funds, if applicable.

D. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 9, “Method of Payment.”

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-E

REPORT TO THE CITY COUNCIL
February 21, 2023
FROM: YVONNE HERNANDEZ, Recreation Supervisor

SUBJECT
APPROVE an agreement with Fireworks America in an amount not to exceed $25,360 for the Annual 4th of July Fireworks Show on July 4, 2023.

RECOMMENDATION
Staff recommend approval of an agreement with Fireworks America in an amount of $25,360 for Fiscal Year 2022-2023.

BACKGROUND
The fireworks display is organized by the City of Fowler Recreation Department. It is a free admission show, with live music, food booths and activities for kids. It is a safe and sane way for families to enjoy a 23 minute fireworks show on July 4, 2023.

FISCAL IMPACT
Funds associated with this agreement are included in the FY 2022-23 budget, which was adopted by Council on June 7, 2022.

Attachments:
- Independence Day Agreement
City of Fowler
Presents
Program B
Independence Day
A Fireworks Extravaganza
7/4/2023
Produced by
"The Difference Is Quality"
City of Fowler
Independence Day
July 4, 2023
Opening Announcement Aerial Grand Finale
Program Titanium Flash Salutes
A 2.5" 30
3" 40
Color & Multi-Color Finale Shells

2.5" 20 Color/Multicolor Finale

2.5" 150
3" 160
Main Show 4" 12
Aerial Titanium Flash Salutes Finale Crown
3" 10 5" 2
Color, Multi-Color, Flitter, Glitter,
Electric Color & Color Changing Shells

2.5" 50 Totals
3" 75
4" 30 Program
5" 15 A
Distinctive & Unique Aerial Shells 2.5" 332

2.5" 70 3" 476
3" 120 4" 76
4" 30 5" 34
5" 15 Total Shells 918
Premium Aerial Shells Total Shots: 799
3" 45
4" 4 Grand Totals 1717
5" 2
Streaking Tiger Tails Running Time in Minutes

2.5" 6 Minimum 23.9
3" 20 Maximum 40.8
Bombardments Price
Multiple Shot Barrages provide Program A
fabric and texture to your display,
keeping an excellent and exciting
pace. Total Cost
Total Shots 799
$25,360.00
$25,360.00
Also Includes:

One - 3'x6' US Flag
Set Piece
Nine- .75" Roman
Candles
City of Fowler
Independence Day
July 4, 2023
City of Fowler
Show Concept, Services List,
and Miscellaneous Details
Services List:

Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Permit Fees
4) Insurance Aggregate amount of 4) Standby Firefighter Fees, if req'd $6,000,000 (Combined Single Limits) 5) Sound System and Playback 5) Worker's Compensation Insurance 6) Adequate Permit Time as (Statute) listed below.
6) Sound Track 7) Suitable Restroom and Handwash
7) Choreography facilities for the crew
Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.

Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.

Water based shows require a minimum of 60 days to permit based on all of the above PLUS Coast Guard requirements.

Please plan your show accordingly.

Operators and Assistants:

Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.

Continued
City of Fowler to Provide:

Payment Terms:

Method of Discharge:
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display
The show will be fired manually.

Fireworks & Stage FX America, LLC
dba: Fireworks America
PO Box 488
Lakeside, CA 92040
619-938-8277
619-938-8273 Fax
1) This Contract, entered into this 28th day of January, 2023, by and between FIREWORKS & STAGE FX AMERICA, LLC., dba FIREWORKS AMERICA, a California Corporation, duly licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of California, hereinafter referred to as "FA" and CITY OF FOWLER hereinafter referred to as "BUYER".
2) FA agrees to furnish BUYER, in accordance with the terms and conditions set forth herein, One (1) fireworks/special effects display(s) as per Program A, submitted, accepted and made part hereof, and the services of a licensed pyrotechnic operator who will be in charge of the execution of said display unless otherwise agreed in writing. This display is to be performed on July 4, 2023, located at Fowler High School.

The time of the display is to be at: 9:30 PM or TBD
3) BUYER agrees to pay FA the sum of: Twenty Five Thousand Three Hundred Sixty Dollars and No Cents ($25,360.00), per the following terms:
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display Contract and Deposit to be received by: 2/28/2023
4) Should the BUYER default on these payment terms, a finance charge at a rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is greater, will be charged and accrued on the unpaid balance of the Contract until the Contract is satisfied.

FA is hereby authorized to receive BUYER's financial information from any person or entity for the purpose of verifying BUYER's ability to pay.
5) BUYER, at its expense, agrees to provide FA a suitable DISPLAY SITE in which to stage, setup and fire the display. This DISPLAY SITE will incorporate an appropriate fallout zone, which has to be approved by FA, and that will fulfill any requirements set forth by any governing legal authority. Should the proposed site require the involvement of specialized equipment, watercraft or clean up, BUYER agrees to provide said equipment and labor at BUYER's expense.

Fireworks America Public Display Contract
6) BUYER, at its expense, agrees to provide adequate security to prevent any access to the DISPLAY SITE by members of the general public or any persons not expressly approved by FA. Any claim arising from damage to persons or property caused by any unauthorized access to the DISPLAY SITE is the sole responsibility of the BUYER. Should a multiple day setup be required, BUYER shall provide appropriate security during all the times FA is away from the DISPLAY SITE. 7) BUYER, at its expense, agrees to pay for any required "standby" Firemen, and/or any applicable permit costs and fees as required by state and local statutes, ordinances or regulations.

BUYER agrees to indemnify FA for any and all changes or adjustments made to the DISPLAY at the request of any governing legal authority.
8) BUYER, at its expense, shall provide FA sufficient parking, all necessary site and event passes and allow FA sufficient time and available access, as determined by FA, to safely and professionally setup and discharge the display and subsequently remove the display equipment from the DISPLAY SITE. 9) Should BUYER fail to comply or prove itself unable to comply with the requirements stated in paragraphs 5, 6, 7 and 8 herein, FA shall have no obligation to continue with the performance of the display and the BUYER agrees to pay the full contract price plus any additional associated expenses incurred by FA.
10) BUYER agrees to assume the risk of weather, or any other cause that is beyond FA’s control, that may prevent the display from being discharged on the scheduled date and time. In the event that FA, at its sole discretion, determines that the weather unsuitable for the discharge of the display, BUYER shall pay per the cancellation terms contained in paragraph 11 herein. 11) BUYER shall have the option to cancel this display at any time. If BUYER decides to cancel, BUYER agrees to pay to FA 35% of the display contract price and all other associated costs incurred by FA, including, but not limited to, permits, insurance, pyrotechnic operator's fee, transportation, choreography, custom design or any other provable expense associated with the execution of the Display. 12) BUYER agrees to hold FA harmless from all claims and penalties made against FA in the event that the display fails to start on time or is disrupted after commencement as a direct result of equipment or product malfunction or failure.
13) FA agrees to provide insurance coverage of Six Million Dollars, Bodily Injury and Property Damage and statutory limits for Worker's Compensation. This insurance covers the operations of FA only and does not extend to any other aspect of the event at which such a display may be held. FA’s operations are deemed complete when FA has vacated the premises.
14) Should BUYER fail to perform its obligations as set forth herein, BUYER agrees to indemnify, defend and hold FA harmless from all claims and suits made against FA in conjunction with the discontinuance or cancellation of the display.

Fireworks America Public Display Contract
15) FA agrees to defend, indemnify and hold harmless BUYER from and against all claims and liability arising out of the services to be performed by FA hereunder, except to the extent arising from BUYER'S negligence or willful misconduct.
16) The laws of the State of California shall govern this contract. It is agreed that any court of competent jurisdiction located in the County of San Diego, CA shall be proper venue for an action.

Should such action be brought to enforce or interpret the terms or provisions of this Contract, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
17) Nothing in this contract shall be construed as forming a partnership, joint venture, agency or any form of legal relationship, other than contractual, between BUYER and FA. Neither party shall be held responsible for any agreements or obligations not expressly provided for herein and shall be severally responsible for their own separate debts and obligations. 18) BUYER shall not under any circumstances, be entitled to recover any consequential damages from FA. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded in Paragraph 13 herein. 19) Buyer, at its expense, agrees to provide FA crews with suitable restroom and handwash facilities in the immediate area of the shooting/working location. 20) Other Considerations: NONE
21) This agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns.

In Witness the parties hereto, by or through their duly authorized agents, have set their hands and seals this 28th day of January, 2023.

Fireworks & Stage FX America, LLC. City of Fowler

By: James Acker By: __________________________
Title: Area Manager Title: _________________________
Signature: _____________________ Signature: _____________________

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

REPORT TO THE CITY COUNCIL
February 21, 2023
FROM ANGELA VASQUEZ, Deputy City Clerk

SUBJECT
INTRODUCTION of Ordinance 2023-03, an Ordinance Amending Title 2, Chapter 1 of the Fowler Municipal Code regarding the City Council, and Title 2, Chapter 2 of the Fowler Municipal Code regarding the Planning Commission and the Recreation Commission.

RECOMMENDATION
Staff recommend the City Council hear and approve introduction of this Ordinance.

BACKGROUND
A text amendment to the current sections of the Fowler Municipal Code related to the City Council, the Planning Commission, and the Recreation Commission is recommended for clarity, simplicity, and consistency.

The proposed text amendment includes:
• Changing the starting time of regularly scheduled City Council meetings from 7:00 pm to 6:00 pm., and authorizes the regular City Council meeting dates and times to be set annually by Council Resolution.
• Authorizes Planning Commission and Recreation Commission compensation to be set by Council Resolution.
• Removes unnecessary and no longer applicable text.
• Creating consistency in the appointment processes for the Planning Commission and the Recreation Commission, and authorizes compensation to the commissioners to be set by Council Resolution.

Introduction of an ordinance regarding City Council, Planning and Recreation Commissions February 21, 2023

If the Ordinance is approved for Introduction, this Ordinance will appear as an item on the next regular City Council meeting agenda for the Council to consider adoption of this Ordinance. If the Ordinance is adopted, staff intends to return to the City Council with a resolution to set the compensation to be paid to Planning Commissioners and Recreation Commissioners. Also, staff will return with a resolution to establish a schedule for regular City Council meetings for the remainder of 2023.

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

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

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

Attachments
- Ordinance 2023-03

ORDINANCE 2023-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING TITLE 2, CHAPTER 1 OF THE FOWLER MUNICIPAL CODE REGARDING THE CITY COUNCIL, AND TITLE 2, CHAPTER 2 OF THE FOWLER MUNICIPAL CODE

REGARDING THE PLANNING COMMISSION, AND THE RECREATION

COMMISSION
WHEREAS, the roles and responsibilities of the City Council, the Planning Commission, and the Recreation Commission are described in the Fowler Municipal Code; and WHEREAS, the Municipal Code should be clear, consistent, and easy to understand; and WHEREAS, the City Council now desires to amend various provisions of the Fowler Municipal Code.

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

SECTION 1: Title 2, Chapter 1 of the Fowler Municipal Code is hereby amended to read:

Title 2 – Administration
Chapter 1 – City Council
Article 1. – Meetings
2-1.101 - Regular meetings.
(a) Time—Place. Annually, by Council Resolution, the Council shall set a schedule of regular meetings of the Council. Unless otherwise provided in the applicable annual resolution approved by Council, the Council shall hold regular meetings on the first and the third Tuesdays each month at the hour of 7 6:00 p.m. at City Hall, 128 South Fifth Street, in the City or at such other place within the City of Fowler, as designated by the Council. If by reason of fire, flood, or other emergency, it shall be unsafe to meet in the City Hall, the meetings may be held, for the duration of the

emergency, at such other place as is designated by the Mayor or, if he should fail to act, by three (3) members of the Council.

Holidays. When the day for any regular meeting falls on a holiday, Christmas Eve, or New Year's Eve, such meetings shall be held at the same hour and place on the next succeeding day not a holiday or at such other time as designated by the Council. (b) Meetings to be Public. All regular meetings of the Council Meetings shall be open to the public consistent with state law.

SECTION 2: Title 2, Chapter 2 of the Fowler Municipal Code is hereby amended to read:

Title 2 – Administration
Chapter 2 – Commissions and Boards
Article 1. – Planning Commission
2-2.102 - Members—Appointment.

The Planning Commission shall consist of six (6) five (5) members who shall be appointed by the Mayor, subject to the approval consent of the Council. One member of the Council shall be an ex officio member of the Commission without voting power. 2-2.103- Terms of office—Vacancies.

Terms of office. The term of office of the members of the Planning Commission shall be four (4) years. Three terms shall expire on December 31 of even numbered years of scheduled Presidential elections (2024, 2028, etc.), and two terms shall expire on December 31 of even numbered years of California Gubernatorial elections (2026, 2030, etc.).

The six (6) members of the Planning Commission, except for the member of the Council acting as an ex officio member of the Commission, shall so classify themselves by lot that their terms of office shall expire as follows: two (2) at the end of the 1975 calendar year, two (2) at the end of the 1976 calendar year, and two (2) at the end of the 1977 calendar year. Vacancies for any unexpired term shall be filled by appointment for the portion of the unexpired term only. New appointments shall be for a full term of four (4) years, except for the member of the Council who shall serve until the end of his term only. 2-2.104 - Compensation.

Repealed in its entirety.

The members of the Planning Commission shall not receive any compensation for their services.
2-2.106 - Officers.

The Planning Commission shall elect from its members a chairman, and vice-chairman, and secretary to serve at the pleasure of the Planning Commission. The chairman and vicechairman shall be elected at the first meeting of each calendar year and shall serve for one year and until their successors are elected. In the absence of the chairman and vicechairman, the Planning Commission shall select a presiding officer for the sole purpose of presiding at the meeting at which such selection is madechairman pro tempore. 2-2.107 - Meetings.
(a) The Planning Commission shall meet on the first Thursday of each month at 6:30 p.m. at the City Council Chambers at 128 S. 5th Street unless otherwise provided by City Council or Planning Commission action and notice in accordance with the Ralph M. Brown Act. at least once each month at such times and places as it may

fix by resolution. Regularly scheduled meetings may be cancelled or adjourned by the Community Development Director when there is no business to be brought before the Planning Commission by posting a notice of cancellation or adjournment in accordance with the Ralph M. Brown Act (Government Code section 54950, et seq.). Special meetings may be called at any time by the chairman or by three (3) members of the Commission upon proper notice provided in accordance with applicable law. Written notice shall be served upon each member of the Commission at least three (3) days prior to the time specified for the proposed meeting. The Commission shall keep a proper record of its actions, findings, and proceedings.
(b) The Community and Economic Development Director, or designee, shall serve as Secretary to the Planning Commission and shall keep a proper record of the Planning Commission’s actions, findings, and proceedings. 2-2.109 - Functions.

The functions of the Planning Commission shall be as follows:
(a) To develop and maintain a General Plan;
(b) To develop such specific plans as may be necessary or desirable; (c) To perform the duties and functions prescribed by applicable provisions of state law and the City’s Municipal Code; and To periodically review the Capital Improvement Program of the County or City; and
(d) To perform such other functions as the Council may provide. 2-2.110 - Residency requirements.

All members of the Planning Commission shall be residents within the incorporated limits of the City of Fowler or within the City of Fowler's adopted approved sphere of influence.

This requirement shall not apply to those persons who are members of the Planning Commission as of December 2, 2004 and where the member holds office continuously with no break in service.

Article 2. – Recreation Commission
2-2.202 - Members—Appointment.

The Recreation Commission shall consist of seven (7) members who shall be appointed by the Mayor, subject to the approval of the Council. The Council may appoint one of its members to serve as liaison between the Commission and the Council. The Councilmember will serve in a nonvoting capacity. All members shall serve without compensation. All members, including a Councilmember liaison, serve at the pleasure of the City Council. 2-2.203 - Terms of office.

The terms of office for the Recreation Commission shall be for two (2) years and shall commence July 1. Four (4) Commissioners shall be appointed in even numbered years and three (3) Commissioners appointed in odd numbered years. Any member whose term expires shall continue to serve until reappointed or until a successor is appointed.

Commissioners may be appointed from nonresidents of the City. Terms shall expire on December 31st of the corresponding year.
2-2.204 - Vacancies—Removal.

Repealed in its entirety.

(a) Vacancies. Should a vacancy occur on the Recreation Commission other than by expiration of the term of office, the vacancy shall be filled by appointment for the unexpired portion of the term.
(b) Removal. Any member of the Recreation Commission may be removed from office at any time by the appointing authority, subject to the approval of the Council. 2-2.205 - Officers.

The Recreation Commission shall elect from its members a chair, vice-chair, and secretary to serve at the pleasure of the Recreation Commission. The officers shall be elected at the first meeting of each calendar year and shall serve for one year. In the absence of an officer, the Recreation Commission shall select a presiding officer for the sole purpose of presiding at the meeting at which such selection is made.

The Recreation Commission shall elect a chairman who will preside over the meetings.

The chairman shall appoint a vice-chairman and a secretary. The chairman, vice-chairman, and secretary shall serve for a term of one year, commencing January 1 annually. 2-2.206 - Meetings.

The Recreation Commission shall hold meetings on the second Tuesday of each month at 6 p.m. Regularly scheduled meetings may be cancelled or adjourned by the City Manager or designee when there is no business to be brought before the Recreation Commission by posting a notice of cancellation or adjournment in accordance with the Ralph M. Brown Act (Government Code section 54950, et seq.). Special meetings may be called at any time by the chairman or by four (4) members of the Commission upon proper notice provided in accordance with applicable law. at least once each month, at a time and place set by resolution, and The Commission shall adopt rules for the conduct of business and shall

instruct the secretary to prepare keep an accurate record of its minutes, resolutions, transactions, and other business. Such records shall be a public record and shall be maintained by in the office of the City Clerk. All meetings shall be open to the public and shall abide by the provisions of the Ralph M. Brown Act. A majority of the Commission shall constitute a quorum for the conduct of business.
2-2.207 - Meetings—Absences.

Repealed in its entirety.

Absences from four (4) consecutive regular meetings of the Recreation Commission without the formal consent of the Commission shall constitute a retirement of such member, and the vacancy created shall be filled thereafter by the Mayor, subject to the approval of the Council, by an appointment of a successor to fill the unexpired term.

Article 3. – Commissioners
2-2.301 Vacancies.

Should a vacancy occur on a commission other than by expiration of the term, the vacancy shall be filled by appointment for the remainder of the term. If that duration is one year or less, the Council may appoint the member for the remainder of the term and the subsequent full term.
2-2.302 Removal.

Members of a commission serve at the pleasure of the City Council. Any member of a commission may be removed from office at any time by a majority vote of the entire membership of the City Council.
2-2.303 Absences.

Absence from four (4) consecutive regular meetings of a commission shall constitute a resignation.

2.2-304 Compensation.

Commissioners shall receive compensation in an amount approved by City Council resolution. Commissioners shall not be deemed to be City employees by virtue of any compensation received from the City.

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

SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 5. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.

The foregoing ordinance was introduced at a regular meeting of the City Council held on the 21st day of February 2023, and was adopted at a regular meeting of said Council held on the ____ day of _____________ 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

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