Fowler City Council
March 21, 2023

SPECIAL MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, MARCH 21, 2023
6:00 P.M.

CITY COUNCIL CHAMBER
128 SOUTH 5TH STREET
FOWLER, CA 93625
This meeting is being conducted by teleconference at the following locations: Fowler City Council Chambers, 128 S. 5th Street, Fowler, CA 93625; and Habtoor Palace Dubai, LXR Hotels & Resorts, BQ-French Kitchen, Al Habtoor City, Sheikh Zayed Road, Dubai, U.A.E. Each teleconference location is open to the public and any member of the public has the opportunity to address the City Council from a teleconference location in the same manner as if that person attended the special meeting location. The City Council will control the conduct of the meeting and determine the appropriate order and time limitations on public comments from the teleconference locations.

Clerk’s note: This Special Meeting Agenda has been revised to provide the teleconference location for one of the councilmembers. Items 3A(i), 3A(ii), 3A(iii), 8A and 8B, have been removed from the Regular Meeting Agenda, posted on March 17, 2023, and are now included in this Special Meeting Agenda.

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.

The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/87041223980?pwd=eXZaeWYydTlwTm5veldmbkk5MjFVdz09 Telephone Number: (253) 215-8782
Meeting ID: 870 4122 3980
Passcode: 767254
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 Mark Grice of the Worship Center

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. Golden State Boulevard Reconstruction Project Update

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 March 21, 2023
6-B. APPROVE Minutes of the March 6, 2023 Special City Council Meeting 6-C. APPROVE a Professional Auditing Services Agreement with Bryant L. Jolly, Certified Public Accountants to provide auditing services for the City of Fowler’s Finance Department FY 2022-2023 and 2023-2024, with the option to add FY 2024-2025 in an amount not to exceed $148,500 (Finance) 6-D. APPROVE Resolution No. 2628 Authorizing Submittal of a Cooperative Grant Application for Caltrans Clean California Grant Program (Planning) 6-E. APPROVE a First Amendment to the Revised and Restated Disposition and Development Agreement between the City of Fowler and Qawadri LLC for the property located at the northwest corner of South 7th Street and East Vine Street (Planning)
6-F. ADOPT a Categorical Exemption pursuant to California Environmental Quality (CEQA) Guidelines Section 15303; and APPROVE agreement with Sunshine Raisin Corporation for the purchase of real property and associated easements for $125,000 for location of Well 7 treatment facilities and authorize the City Manager to execute all necessary documents for the transaction (Public Works) 6-G. APPROVE a $2,000 donation request from Worship Centre Youth Group, Rod Haro Jr., for Fiscal year 2022-23 in return for volunteer clean-up services at the City-Wide Yard Sale event on Saturday, March 25, 2023 & Easter Eggstravaganza event on Saturday April 1, 2023 (Recreation)
6-H. APPROVE an agreement with Temple Andersen Moore Architects, LLP in the amount of $82,500 to prepare architectural plans, specifications, and cost estimates for Fire Station Phase II improvements and authorize the City Manager to negotiate the agreement (City Manager)
6-I. APPROVE Position Authorization Resolution No. 2629 converting Deputy City Clerk to City Clerk (City Manager)

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

8. Strategic Planning Workshop for Fiscal Year 2023/24 Budget

9. Scheduled Council Hearings and Matters

7:00 P.M.
9-A. Planning Department
i. Actions Pertaining to Planning Case Number 22-04, a text amendment to amend Section9-5.21.05 of Article 21, of Chapter 5, of Title 9 of the Fowler Municipal Code to modify accessory building development standards

1. ADOPT a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061, subdivision (b)(3)

2. INTRODUCTION of Ordinance No. 2023-04, a text amendment modifying Section 9-5.21.05, of Article 21, Section 21, Chapter 5, of Title 9 of the Fowler Municipal Code, to amend the City’s accessory building development standards
ii. Actions pertaining to a proposed Revised Tentative Subdivision Map No. 6381 and an ordinance to adopt an amending zoning map of APN: 340- 130-14 from the R-1-7 (One Family Residential – 7,000 square foot minimum lot size) zone district

1. APPROVE Resolution No. 2630 Adopting an Addendum to a Mitigated Negative Declaration pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15164; and

2. INTRODUCE Ordinance No. 2023-05 amending the zoning map of APN: 340-130-14 from the R-1-10 (One Family Residential – 7,000 square foot minimum lot size) zone district

3. APPROVE Resolution No. 2631 Approving the revision to Tentative Subdivision Map No. 6381
iii. Consider INTRODUCTION of Ordinance 2023-06, 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 short-term 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 Building Codes

10. City Manager
10-A. Provide Staff Direction on Fire Apparatus

11. Staff Communications (City Manager)

12. Councilmember Reports and Comments

13. Closed Session

13-A. Government Code Section 54956.8
Conference with Real Property Negotiator
Property: APN 348-041-40T, 348-081-39T
Agency Negotiator: Thomas Gaffery, Community & Economic Development Director
Negotiating Party: Unknown
Under Negotiation: Price and terms of potential license agreement 13-B. Government Code Section 54956.8
Property: Portion of APN 343-280-60
Agency Negotiator: Dario Dominguez, Public Works Director Negotiating Party: PJ Yount
Under Negotiation: Price and terms of potential sale

14. Adjourn
Next Ordinance No. 2023-07
Next Resolution No. 2634
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 Monday, March 20, 2023.

Angela Vasquez
Angela Vasquez
Deputy City Clerk
J:\wdocs\00250\001\age\01030778.DOCX

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 40953-41033 March 2 thru March 15 $ 257,294.85 TOTAL ACCOUNTS PAYABLE CHECKS $ 257,294.85

PAYROLL COSTS
First March Bi-Monthly Payroll March 15, 2023 102,439.79 $ TOTAL PAYROLL COSTS $ 102,439.79
TOTAL CASH DISBURSEMENTS $ 359,734.64
NOTE:

Check #40993 Void CheckCheck #41008 Void Check

CITY OF FOWLER

WARRANTS LIST
March 21, 2023
6-A
SUPERION PAGE NUMBER: 1
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40953 03/08/23 14633 4LEAF, INC. 6160 5220 INSPECT SVS SEP-DEC 0.00 8,090.25 1001 40954 03/08/23 11689 A & C TIRE SERVICE 6200 5205 FLAT REPAIR #2 PW 0.00 20.00 1001 40955 03/08/23 10007 ALERT-O-LITE, INC 6200 5195 SUPPLIES - STREETS 0.00 198.32 1001 40956 03/08/23 14519 AMAZON CAPITAL SERV 6030 5110 OFFICE SUPP - FINAN 0.00 80.45 1001 40956 03/08/23 14519 AMAZON CAPITAL SERV 6150 5100 OFFICE SUPP- COMM D 0.00 140.57 1001 40956 03/08/23 14519 AMAZON CAPITAL SERV 6030 5110 OFFICE SUPP - FINAN 0.00 175.09 TOTAL CHECK 0.00 396.11
1001 40957 03/08/23 10026 BCT CONSULTING 6120 5230 VOIP 03/01/23 0.00 251.25 1001 40957 03/08/23 10026 BCT CONSULTING 6030 5230 VOIP 03/01/23 0.00 251.25 1001 40957 03/08/23 10026 BCT CONSULTING 6150 5230 VOIP 03/01/23 0.00 251.25 1001 40957 03/08/23 10026 BCT CONSULTING 6120 5230 HELP SVC 02/28/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 6030 5230 HELP SVC 02/28/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 6150 5230 HELP SVC 02/28/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 6120 5230 HELP SVC 03/06/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 6030 5230 NETWRK SVC 03/01/23 0.00 493.90 1001 40957 03/08/23 10026 BCT CONSULTING 6030 5230 HELP SVC 03/06/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 6150 5230 HELP SVC 03/06/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 6150 5230 NETWRK SVC 03/01/23 0.00 493.89 1001 40957 03/08/23 10026 BCT CONSULTING 6120 5230 NETWRK SVC 03/01/23 0.00 493.90 TOTAL CHECK 0.00 4,485.44
1001 40958 03/08/23 14822 BLOOMING BELLE MARK 6025 5110 CITY MINI TOTES 0.00 429.10 1001 40959 03/08/23 11291 THE BUSINESS JOURNA 6150 5150 POST ADOP ORD 2023- 0.00 165.00 1001 40960 03/08/23 14824 CAYETANO, KAI B 100 3706 REISSUED PR CHECK 0.00 135.06 1001 40961 03/08/23 10358 CITY OF FRESNO STRE 6200 5220 TRAF SIGNAL 7/1-9/3 0.00 439.31 1001 40962 03/08/23 11653 CIVICPLUS LLC 6025 5150 COPIES ZONING/CODE 0.00 403.22 1001 40963 03/08/23 14825 CONTRERAS, SALMA I 100 3706 REISSUED PR CHECK 0.00 31.94 1001 40965 03/08/23 10124 COUNTY OF FRESNO 6020 5250 BL PRINT MAIL 0.00 346.68 1001 40966 03/08/23 14821 COVANTA ENVIRONMENT 6120 5104 EVIDENCE DESTROY 0.00 401.10 1001 40967 03/08/23 14512 CSG CONSULTANTS 6160 5220 PLAN CHECK JAN 23 0.00 28,203.68 1001 40969 03/08/23 14826 DICK, JAD 100 3706 REISSUED PR CHECKS 0.00 549.33 1001 40970 03/08/23 14828 DURAN KNOFF, ROWAN 100 3706 REISSUED PR CHECK 0.00 96.73 1001 40971 03/08/23 14659 FIRE SAFETY SOLUTIO 6130 5220 STATE FIRE INSP 0.00 360.00 1001 40971 03/08/23 14659 FIRE SAFETY SOLUTIO 6160 5220 INSP & PLAN CHECK 0.00 2,190.00 TOTAL CHECK 0.00 2,550.00
1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6700 5121 FIN CHRGES SNR CTR 0.00 1.52 SUPERION PAGE NUMBER: 2
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6700 5121 SNR CTR SUPPLIES 0.00 2.12 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6700 5121 SNR CTR SUPPLIES 0.00 2.25 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 3.25 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 5.61 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 6.04 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 6.48 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 7.13 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 8.44 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 9.73 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 10.81 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 12.95 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6700 5121 SNR CTR SUPPLIES 0.00 12.97 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 12.98 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 12.98 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 13.69 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 16.19 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 16.22 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 16.86 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 17.31 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 21.41 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 24.88 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 25.04 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 27.46 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 29.21 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6700 5121 SNR CTR SUPPLIES 0.00 30.45 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 36.77 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 36.77 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 54.10 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 82.68 1001 40973 03/08/23 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES - STREETS 0.00 119.00 TOTAL CHECK 0.00 683.30
1001 40975 03/08/23 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES - PARKS 0.00 0.46 1001 40975 03/08/23 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES - PARKS 0.00 3.89 1001 40975 03/08/23 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES - PARKS 0.00 7.13 1001 40975 03/08/23 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES - PARKS 0.00 8.65 1001 40975 03/08/23 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES - PARKS 0.00 12.53 TOTAL CHECK 0.00 32.66
1001 40976 03/08/23 10119 FRESNO COUNTY CLERK 6025 5110 NOV 22 ELECTION 0.00 2,677.04 1001 40978 03/08/23 14749 HOFFMAN SECURITY 6020 5220 MARCH SERVICES 0.00 125.00 1001 40979 03/08/23 14575 JPRC PLUMBING INC 6020 5185 PLUMBING - CITY HAL 0.00 1,270.00 1001 40979 03/08/23 14575 JPRC PLUMBING INC 6120 5185 PLUMBING - PD 0.00 1,320.00 TOTAL CHECK 0.00 2,590.00
1001 40980 03/08/23 14829 KANDERIAN, KEVIN 100 3706 REISSUED PR CHECK 0.00 22.80 1001 40981 03/08/23 14827 KEENAN, DICK 100 3706 REISSUED PR CHECK 0.00 998.27 1001 40982 03/08/23 12076 KEY DESIGN LOCKSMIT 6120 5121 ADA DOOR CITY HALL 0.00 863.14 SUPERION PAGE NUMBER: 3
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40982 03/08/23 12076 KEY DESIGN LOCKSMIT 6020 5121 ADA DOOR CITY HALL 0.00 863.15 TOTAL CHECK 0.00 1,726.29
1001 40983 03/08/23 10189 LEAGUE OF CALIFORNI 6200 5220 2023 ROAD ASSESSMEN 0.00 200.00 1001 40984 03/08/23 10203 MID VALLEY PACKAGIN 6200 5121 COPY PAPER PW 0.00 51.49 1001 40984 03/08/23 10203 MID VALLEY PACKAGIN 6020 5121 COPY PAPER ADMIN 0.00 154.48 TOTAL CHECK 0.00 205.97
1001 40985 03/08/23 10885 NELSONS POWER CENTE 6200 5202 SUPPLIES - STREETS 0.00 103.64 1001 40986 03/08/23 10237 P G & E - SACRAMENT 6200 5170 127 S 6TH 3/21/23 0.00 11.54 1001 40986 03/08/23 10237 P G & E - SACRAMENT 6150 5170 125 S 5TH 3/17/23 0.00 568.11 TOTAL CHECK 0.00 579.65
1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 EDA GRANT 0.00 1,859.40 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 CUP 22-41 0.00 2,370.10 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 MAP 22-55 0.00 5,439.10 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 ON CALL SVC DEC 0.00 12,717.70 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 ON CALL SVC JAN 0.00 17,418.00 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 ON CALL SVC SEP OCT 0.00 38,879.30 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 CREDIT MEMO 0.00 -7,105.70 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 CREDIT MEMO 0.00 -42.00 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 SPR 22-50 0.00 330.50 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 SPR 22-42 0.00 332.90 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 SPR 22-56 0.00 390.90 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 SPR 22-32 0.00 403.40 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 VAC 22-18 0.00 512.70 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 CUP 19-02 0.00 535.60 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 6150 5220 REZONE 22-10 0.00 702.08 TOTAL CHECK 0.00 74,743.98
1001 40989 03/08/23 10288 SMART & FINAL 6700 5104 SUPPLIES - SNR CTR 0.00 140.86 1001 40989 03/08/23 10288 SMART & FINAL 6700 5104 SUPPLIES - SNR CTR 0.00 280.90 TOTAL CHECK 0.00 421.76
1001 40990 03/08/23 10725 VERIZON WIRELESS 6200 5160 CELL PHONE 1/20-2/1 0.00 341.53 1001 40991 03/08/23 14259 VISUAL EDGE IT INC 6150 5182 COPIER SVC 2/6/23 0.00 214.66 1001 40991 03/08/23 14259 VISUAL EDGE IT INC 6020 5182 COPIER SVC 2/6/23 0.00 214.66 1001 40991 03/08/23 14259 VISUAL EDGE IT INC 6160 5182 COPIER SVC 2/6/23 0.00 214.66 TOTAL CHECK 0.00 643.98
1001 40992 03/08/23 14830 WILLDAN GROUP INC 6160 5220 INSPECTIONS JAN 0.00 1,235.00 1001 40993 03/15/23 10007 ALERT-O-LITE, INC 6200 5130 SUPPLIES - STREETS 0.00 23.41 1001 40993 03/15/23 10007 ALERT-O-LITE, INC 6200 5130 UNIFORM - STREETS 0.00 53.08 1001 40993 V 03/15/23 10007 ALERT-O-LITE, INC 6200 5130 SUPPLIES - STREETS 0.00 -23.41 1001 40993 V 03/15/23 10007 ALERT-O-LITE, INC 6200 5130 UNIFORM - STREETS 0.00 -53.08 TOTAL CHECK 0.00 0.00
1001 40994 03/15/23 14519 AMAZON CAPITAL SERV 6260 5185 SUPPLIES PARKS 0.00 64.64 SUPERION PAGE NUMBER: 4
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40995 03/15/23 10549 AT&T MOBILITY 6120 5160 FIRSTNET JAN 23 0.00 576.90 1001 40996 03/15/23 12285 ATT 6120 5160 INTERSTATE FEB 23 0.00 936.04 1001 40996 03/15/23 12285 ATT 6120 5160 INTERSTATE MAR 23 0.00 1,174.33 TOTAL CHECK 0.00 2,110.37
1001 40997 03/15/23 11084 BARCO PRODUCTS 6260 5195 SUPPLIES - PARKS 0.00 670.36 1001 40998 03/15/23 10026 BCT CONSULTING 6120 5230 SOFTWARE 0.00 69.95 1001 40998 03/15/23 10026 BCT CONSULTING 6120 5110 ETHERNET ROUTER 0.00 438.41 TOTAL CHECK 0.00 508.36
1001 41000 03/15/23 10025 BUFORD OIL COMPANY 6120 5210 CFN LEAD-FREE GAS 0.00 88.63 1001 41001 03/15/23 10038 CALIFORNIA DEPARTME 6025 5220 FINGERPRINT - HERNA 0.00 32.00 1001 41002 03/15/23 12654 COMCAST 6120 5160 ETHERNET SVC JAN 23 0.00 1,972.42 1001 41003 03/15/23 12300 COOKS COMMUNICATION 6120 5205 RELOCATE GUNLOCK #7 0.00 250.00 1001 41003 03/15/23 12300 COOKS COMMUNICATION 6120 5205 RADIO OP/POWER SUPP 0.00 542.70 TOTAL CHECK 0.00 792.70
1001 41005 03/15/23 10124 COUNTY OF FRESNO 6120 5271 DISPATCH SVC FEB23 0.00 9,329.08 1001 41007 03/15/23 14832 FMCPCA 6120 5160 MEMBERSHIP DUES 0.00 300.00 1001 41008 03/15/23 10113 FOWLER ACE HARDWARE 6120 5121 FINANCE CHARGE 0.00 2.53 1001 41008 03/15/23 10113 FOWLER ACE HARDWARE 6120 5121 AA BATTERIES 0.00 23.12 1001 41008 V 03/15/23 10113 FOWLER ACE HARDWARE 6120 5121 FINANCE CHARGE 0.00 -2.53 1001 41008 V 03/15/23 10113 FOWLER ACE HARDWARE 6120 5121 AA BATTERIES 0.00 -23.12 TOTAL CHECK 0.00 0.00
1001 41009 03/15/23 10306 FOWLER FLORAL SHOP, 6120 5160 DURON 0.00 123.14 1001 41009 03/15/23 10306 FOWLER FLORAL SHOP, 6120 5160 CARRASCO 0.00 126.42 TOTAL CHECK 0.00 249.56
1001 41010 03/15/23 10488 FOWLER UNIFIED SCHO 6260 5210 FEB 23 FUEL PARKS 0.00 803.06 1001 41011 03/15/23 10104 FPOA 100 2045 EMP DED 03/15/23 0.00 225.00 1001 41012 03/15/23 14156 FRESNO ECONOMIC OPP 6700 5105 SENIOR LUNCH FEB 0.00 882.84 1001 41013 03/15/23 10141 H & H TIRE SERVICES 6120 5205 TIRE SERVICE #80 0.00 90.00 1001 41014 03/15/23 10145 HINDERLITER, DELLAM 6030 5220 SALES TAX Q3 FY22 0.00 975.00 1001 41014 03/15/23 10145 HINDERLITER, DELLAM 6030 5220 SALES TAX AUDIT 0.00 6,484.56 TOTAL CHECK 0.00 7,459.56
1001 41015 03/15/23 14749 HOFFMAN SECURITY 6120 5150 SECURITY SVC MAR23 0.00 57.00 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 6260 5185 SUPPLIES PARKS 0.00 21.84 SUPERION PAGE NUMBER: 5
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 6260 5185 SUPPLIES PARKS 0.00 35.22 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 6200 5185 SUPPLIES STREETS 0.00 36.31 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 6200 5185 SUPPLIES STREETS 0.00 67.23 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 6260 5185 SUPPLIES PARKS 0.00 87.34 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 6200 5185 SUPPLIES STREETS 0.00 104.09 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 6260 5185 SUPPLIES PARKS 0.00 164.58 TOTAL CHECK 0.00 516.61
1001 41017 03/15/23 10290 LEAGUE OF CALIF CIT 6010 5260 CONF REGIST GILL 0.00 625.00 1001 41018 03/15/23 10194 LOZANO SMITH 6060 5620 LEGAL SVC FEB23 0.00 572.00 1001 41018 03/15/23 10194 LOZANO SMITH 6060 5620 LEGAL SVC FEB23 0.00 770.00 1001 41018 03/15/23 10194 LOZANO SMITH 6060 5620 LEGAL SVC FEB23 0.00 1,254.00 1001 41018 03/15/23 10194 LOZANO SMITH 6060 5620 LEGAL SVC FEB23 0.00 2,051.20 1001 41018 03/15/23 10194 LOZANO SMITH 6060 5620 LEGAL SVC FEB23 0.00 2,820.45 1001 41018 03/15/23 10194 LOZANO SMITH 6060 5620 LEGAL SVC FEB23 0.00 3,830.44 1001 41018 03/15/23 10194 LOZANO SMITH 6060 5620 LEGAL SVC FEB23 0.00 6,305.04 TOTAL CHECK 0.00 17,603.13
1001 41019 03/15/23 10201 METRO UNIFORM & ACC 6120 5086 PD UNIFORM ALLOWANC 0.00 206.27 1001 41020 03/15/23 14428 NAVIA BENEFIT SOLUT 6020 5220 COBRA - OCT 21 0.00 36.45 1001 41020 03/15/23 14428 NAVIA BENEFIT SOLUT 6020 5220 COBRA - AUG 21 0.00 36.45 TOTAL CHECK 0.00 72.90
1001 41021 03/15/23 14831 ORION 6120 5110 FLARES 0.00 1,166.08 1001 41022 03/15/23 10249 QUILL 6030 5110 SUPPLIES FINANCE 0.00 18.50 1001 41023 03/15/23 10251 R & R AUTO REPAIR S 6120 5205 REAR BRAKES #20 0.00 264.83 1001 41024 03/15/23 13145 ROSENBALM ROCKERY I 6200 5202 SUPPLIES - STREETS 0.00 193.68 1001 41025 03/15/23 10518 SIGNMAX! 6200 5195 TRAFFIC SIGNS 0.00 536.34 1001 41026 03/15/23 10289 SOUTH COUNTY VETERI 6270 5220 DISPOSAL OF DOG 0.00 45.00 1001 41026 03/15/23 10289 SOUTH COUNTY VETERI 6270 5220 DISPOSAL OF DOG 0.00 50.00 1001 41026 03/15/23 10289 SOUTH COUNTY VETERI 6270 5220 DISPOSAL OF DOG 0.00 104.58 TOTAL CHECK 0.00 199.58
1001 41027 03/15/23 10763 SUNBELT RENTALS 6200 5182 GAS TRASH PUMP STRE 0.00 120.30 1001 41027 03/15/23 10763 SUNBELT RENTALS 6200 5182 GAS TRASH PUMP STRE 0.00 285.62 TOTAL CHECK 0.00 405.92
1001 41028 03/15/23 10303 SWANSON-FAHRNEY FOR 6120 5205 OIL CHANGE #20 0.00 79.95 1001 41029 03/15/23 14007 TIRE HUB 6120 5205 FOUR TIRES #80 0.00 526.84 1001 41030 03/15/23 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL - SNR CT 0.00 62.31 1001 41030 03/15/23 13543 UNIFIRST CORPORATIO 6200 5130 MATS/MOPS ADMIN 0.00 71.04 1001 41030 03/15/23 13543 UNIFIRST CORPORATIO 6200 5130 UNIFORMS PW 0.00 83.01 1001 41030 03/15/23 13543 UNIFIRST CORPORATIO 6200 5130 UNIFORMS - PW 0.00 90.35 SUPERION PAGE NUMBER: 6
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT TOTAL CHECK 0.00 306.71
TOTAL CASH ACCOUNT 0.00 183,206.96
TOTAL FUND 0.00 183,206.96
SUPERION PAGE NUMBER: 7
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23

NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT
PROFORCE LAW ENFORC 2010 5715 SUREFIRE X300U 0.00 4,323.17

0.00 4,323.17
FUND - 201 - DISTRICT SALES TAX

CASH ACCT CHECK NO ISSUE DT VENDOR
1001 41008 V 03/15/23 10441

TOTAL CASH ACCOUNT
TOTAL FUND 0.00 4,323.17
SUPERION PAGE NUMBER: 8
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 208 - CARES FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 41032 03/15/23 14156 FRESNO ECONOMIC OPP 2080 5105 SENIOR LUNCH JAN23 0.00 1,287.47 1001 41032 03/15/23 14156 FRESNO ECONOMIC OPP 2080 5105 SENIOR LUNCH AUG22 0.00 1,649.60 TOTAL CHECK 0.00 2,937.07
TOTAL CASH ACCOUNT 0.00 2,937.07
TOTAL FUND 0.00 2,937.07
SUPERION PAGE NUMBER: 9
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 212 - ARPA FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 41033 03/15/23 14433 PRICE PAIGE & COMPA 2120 5220 AUDIT 21-22 0.00 6,214.00 TOTAL CASH ACCOUNT 0.00 6,214.00
TOTAL FUND 0.00 6,214.00
SUPERION PAGE NUMBER: 10
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 225 - LTF - ARTICLE 8

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40986 03/08/23 10237 P G & E - SACRAMENT 2250 5170 700 MERCED #A 3/17/ 0.00 696.60 1001 40986 03/08/23 10237 P G & E - SACRAMENT 2250 5170 MAN/GLDST 3/13/23 0.00 14.78 1001 40986 03/08/23 10237 P G & E - SACRAMENT 2250 5170 MERCED/8TH 3/17/23 0.00 45.28 1001 40986 03/08/23 10237 P G & E - SACRAMENT 2250 5170 MAN/GLDST 3/17/23 0.00 50.07 1001 40986 03/08/23 10237 P G & E - SACRAMENT 2250 5170 ADAMS&GLDNST 3/20/2 0.00 95.89 1001 40986 03/08/23 10237 P G & E - SACRAMENT 2250 5170 GLDST/MAN SIG 3/17/ 0.00 126.00 1001 40986 03/08/23 10237 P G & E - SACRAMENT 2250 5170 300 W MERCED 3/17/2 0.00 1.87 TOTAL CHECK 0.00 1,030.49
1001 40988 03/08/23 14823 SCA OF CA, LLC 2250 5220 SPILL SWEEP 2/23 0.00 1,500.00 1001 40988 03/08/23 14823 SCA OF CA, LLC 2250 5220 STREET SWEEP FEB23 0.00 3,325.00 TOTAL CHECK 0.00 4,825.00
TOTAL CASH ACCOUNT 0.00 5,855.49
TOTAL FUND 0.00 5,855.49
SUPERION PAGE NUMBER: 11
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 500 - WATER

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40957 03/08/23 10026 BCT CONSULTING 5000 5230 NETWRK SVC 03/01/23 0.00 493.90 1001 40957 03/08/23 10026 BCT CONSULTING 5000 5230 HELP SVC 03/06/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 5000 5230 HELP SVC 02/28/23 0.00 375.00 1001 40957 03/08/23 10026 BCT CONSULTING 5000 5230 VOIP 03/01/23 0.00 251.25 TOTAL CHECK 0.00 1,495.15
1001 40974 03/08/23 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES - WATER 0.00 4.97 1001 40974 03/08/23 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES - WATER 0.00 6.05 1001 40974 03/08/23 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES - WATER 0.00 8.65 1001 40974 03/08/23 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES - WATER 0.00 21.63 1001 40974 03/08/23 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES - WATER 0.00 26.58 1001 40974 03/08/23 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES - WATER 0.00 37.37 1001 40974 03/08/23 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES - WATER 0.00 37.40 TOTAL CHECK 0.00 142.65
1001 40977 03/08/23 10137 GLEIM-CROWN PUMP, I 5000 5200 PUMP MAINT #8 0.00 24.83 1001 40986 03/08/23 10237 P G & E - SACRAMENT 5000 5170 WELL SITE #8 0.00 1,127.23 1001 40986 03/08/23 10237 P G & E - SACRAMENT 5000 5170 WELL SITE #7 3/20/2 0.00 13,470.17 1001 40986 03/08/23 10237 P G & E - SACRAMENT 5000 5170 325 S 5TH 03/20/23 0.00 552.88 TOTAL CHECK 0.00 15,150.28
1001 40991 03/08/23 14259 VISUAL EDGE IT INC 5000 5182 COPIER SVC 2/6/23 0.00 214.65 1001 40999 03/15/23 10024 BSK ASSOCIATES 5000 5310 WATER TEST 0.00 199.00 1001 41004 03/15/23 14429 CORE & MAIN 5000 5202 SUPPLIES STREET 0.00 571.92 1001 41006 03/15/23 13275 FERGUSON WATERWORKS 5000 5202 SUPPLIES WATER 0.00 3,826.03 1001 41010 03/15/23 10488 FOWLER UNIFIED SCHO 5000 5210 FEB 23 FUEL WATER 0.00 1,371.20 1001 41016 03/15/23 11018 HOME DEPOT CREDIT S 5000 5185 SUPPLIES WATER 0.00 51.43 1001 41030 03/15/23 13543 UNIFIRST CORPORATIO 5000 5130 UNIFORMS WATER 0.00 83.01 1001 41030 03/15/23 13543 UNIFIRST CORPORATIO 5000 5130 UNIFORMS - WATER 0.00 90.35 TOTAL CHECK 0.00 173.36
TOTAL CASH ACCOUNT 0.00 23,220.50
TOTAL FUND 0.00 23,220.50
SUPERION PAGE NUMBER: 12
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 710 - AB1600-GENERAL SERVICES

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40964 03/08/23 10069 COUNCIL OF FRESNO C 7100 5220 HOUSING ELEMENT 0.00 885.80 TOTAL CASH ACCOUNT 0.00 885.80
TOTAL FUND 0.00 885.80
SUPERION PAGE NUMBER: 13
DATE: 03/15/2023 CITY OF FOWLER ACCTPA21
TIME: 19:18:36 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '40953' and '41033' ACCOUNTING PERIOD: 9/23
FUND - 720 - AB1600-LAW ENFORCEMENT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 40968 03/08/23 14634 DEWBERRY ARCHITECT 7200 5220 PD SENIOR CTR DESIG 0.00 22,683.86 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 7200 5220 SNR CTR ABATE STUDY 0.00 6,500.00 1001 40987 03/08/23 13655 PROVOST & PRITCHARD 7200 5220 SNR CTR ABATE STUDY 0.00 1,468.00 TOTAL CHECK 0.00 7,968.00
TOTAL CASH ACCOUNT 0.00 30,651.86
TOTAL FUND 0.00 30,651.86
TOTAL REPORT 0.00 257,294.85
1 6-B

MINUTES OF THE FOWLER CITY COUNCIL SPECIAL MEETING
Monday, March 6, 2023
Mayor Parra called the meeting to order at 6:00 p.m.

Councilmembers Present: Parra, Mejia, Gill, Hammer
Councilmembers Absent: Kazarian
City Staff Present: City Manager Tucker, Deputy City Attorney Lear, 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. PUBLIC COMMENT
No members of the public spoke.

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

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

8. GENERAL ADMINISTRATION
8-A. Police Department
i. Consider alternatives and provide staff direction on the David T.

Cardenas Senior Center and Police Headquarters
Two members of the public spoke.

Council directed staff to move forward with the Craftsman design option.

9. CITY ATTORNEY
9-A. AB 2449 overview and discuss remote participation alternatives for Council members at City Council meetings
2 9-B. PROVIDE staff direction on remote teleconferencing for public participation at City Council meetings
Council directed staff to continue with remote teleconferencing for the public.

10. STAFF COMMUNICATIONS
Updates were provided by Public Works Director Dominguez and Community and Economic Development Director Gaffery.

11. COUNCILMEMBER REPORTS AND COMMENTS
Mayor Parra updated Council on the February 27, 2023, Finance Committee meeting. Staff were directed to return to Council with a workshop on the City’s GSA.

12. CLOSED SESSION
No reportable action on any of the four items.

13. ADJOURN
Having no further business, the meeting adjourned at 8:05 p.m.

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

REPORT TO THE CITY COUNCIL
March 21, 2023
FROM MARGARITA MORENO, Finance Director

SUBJECT
APPROVE a Professional Auditing Services Agreement with Bryant L. Jolley, Certified Public Accountants to provide auditing services for the City of Fowler's Finance Department for FY 2022-2023 and 2023-2024, with the option to add FY 2024-2025 in an amount not to exceed $148,500.

RECOMMENDATION
Staff recommends approval for auditing services agreement with Bryant L. Jolley, Certified Public Accountants in an amount not to exceed (NTE) $48,500 for auditing services for the Fiscal Year (FY) 2022-23, NTE $49,500 for FY 2023-24 and an option to add FY 2024-25 NTE $50,500 year-end close of the City of Fowler's financial records, authorizing the City Manager or her designee to execute the agreement on behalf of the City.

BACKGROUND
Auditing the City’s financial records plays an important role in public sector finance. The auditors are responsible for evaluating the City’s system of internal controls and overall financial management and condition. It is one of the most important and effective methods to ensure the credibility and transparency of the City’s financial reporting to all of the City’s stakeholders. On October 19, 2021, City Council approved an agreement with Bryant L. Jolley in the amount of $114,000 to bring current the City’s financial records by auditing FY 2019-20, FY 2020-21, and FY 2021-22. It is recommended that Council approve a Professional Auditing Services agreement with Bryant L. Jolley for two years with an option to extend one additional year.

Professional Auditing Services
March 21, 2023

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

FISCAL IMPACT
The proposed FY 2023-24 Operating Budget in the Finance Department Professional Services account
will include $48,500 for auditing services.

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

Attachments
- Professional Auditing Services Agreement

CITY OF FOWLER

PROFESSIONAL AUDITING SERVICE AGREEMENT
This Professional Auditing Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Bryant L. Jolley, Certified Public Accountants ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on March 21, 2023 ("Effective Date").

RECITALS
A. City desires to obtain auditing services for the City's Finance Department for FY 2022-23 and 2023- 2024, with the option to add FY 2024-2025 ("Services") more fully described in the proposal from Consultant attached as Exhibit A, which is incorporated herein by reference.

B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable. City may exercise the option to add auditing services for FY 2022-2023 by delivering written notice to Consultant.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until satisfactorily completed, as determined by City. Consultant shall complete the Services not later than December 31, 2023 (“Completion Date”), unless extended beyond this date by mutual consent of the Parties. This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein. City and Consultant shall mutually agree on a schedule for performance of the Services and completion of any deliverables. The schedule shall be subject to modification based on the City’s operational needs. City will notify Consultant in advance of any modification to the schedule.

4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to Consultant’s standard hourly rate(s). The amount paid by City to Consultant for the Services shall not exceed Forty-Eight Thousand Five Hundred Dollars ($48,500) for the Fiscal Year (FY) 2022-23, Forty-Nine Thousand Five Hundred Dollars ($49,500) for FY 2023-24, and Fifty Thousand Five 2 Hundred Dollars ($50,500) for FY 2024-25, and the amount paid by City to Consultant shall not exceed One Hundred Forty-Eight Thousand Five hundred Dollars ($148,500) in total.

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.

Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data and information obtained from City necessary to perform the Services.

7. [Reserved]

8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.

11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, 3 conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit.

Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

13. [Reserved]

14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. [Reserved]

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon ten (10) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, 4 Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.

18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform the Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the email is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
5 c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered seventy-two (72) hours after deposit.

23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. [Reserved]

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute. 6 Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

CONSULTANT CITY OF FOWLER
By: __________________________ By: ______________________________ Bryant L. Jolley, CPA Wilma Tucker, City Manager
Date: __________________ Date: ______________________
Party Identification and Contact Information:

Consultant City of Fowler
Bryant L. Jolley, CPA Attn: Wilma Tucker
Attn: Bryant L. Jolley City Manager
901 “N” Street, Suite 104 128 S. 5th Street
Firebaugh, CA 93622 Fowler, CA 93625
[email protected] [email protected]
(559) 659-3045 (559) 834-3113
J:\wdocs\00250\001\agt\00895248.DOC
7 EXHIBIT A

CONSULTANT PROPOSAL
8 EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.
a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $1,000,000.00 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
(iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
9 (ii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iii) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement. e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.

PROPOSAL TO PROVIDE

PROFESSIONAL AUDITING SERVICES
City of Fowler
Bryant L. Jolley, CPA
901 “N” Street, Suite 104
Firebaugh, Ca 93622
Phone: (559) 659-3045
Fax: (559) 659-0615
FID #94-2706107
March 9, 2023
________________

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Transmittal Letter ........................................................................................................... 1 - 2 Technical Proposal ......................................................................................................... 3 - 8 Staff Qualifications and Experience ...................................................................... 3 - 4 Firm Experience ..................................................................................................... 4 - 5 Audit Approach ...................................................................................................... 5 - 8 Cost Proposal……………………………………………………………………....…9 - 10
External Quality Control Report………………………………………...………....…….11 1 BRYANT L. JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L. Jolley C.P.A.

Ryan P. Jolley C.P.A.

Darryl L. Smith C.P.A.

Luis A. Perez C.P.A.

Lan T. Kimoto
March 9, 2023
Wilma Tucker, City Manager
City of Fowler
128 S. 5th Street
Fowler, CA 93625
We are pleased to provide this response to the City of Fowler’s, request for proposal for an independent accounting firm to provide audit and related financial services for the fiscal years ending June 30, 2023, 2024 and 2025.

We understand the scope of work will include Audited Financial Statements for the City of Fowler, a Single Audit if applicable, and a Management Report. We also understand the audit and reports are to be conducted in accordance with generally accepted government auditing standards as set forth by the General Accounting Office’s (GAO) Government Auditing Standards and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State, Local Governments, and Non-Profit Organizations. Finally, we understand the objective of the services to be performed and commit to performing those services within the time period specified by the City of Fowler.

We have specialized in the auditing of cities and special districts over the past 40 years and have performed over 600 district and city audits. Our firm consists of five professional staff who have over a hundred years combined governmental auditing experience making us premier auditors of local governments.

We seek to conduct the City audit because we feel our experience and expertise with government audits makes us a perfect fit for the engagement. We can provide value to the City through the quality of our work, the timeliness of our performance, our knowledge of governments, team consistency, and, most important, a strong relationship among the people on our team and with City staff. In addition, we are a local firm that supports the local economy.

In the following proposal, you will see that our firm is capable of consistently delivering high levels of value to the City. You will work with an auditor that is stable and responsive. You will receive accurate, reliable, and timely service that is fairly priced. And you will have continual access to senior-level team members who are knowledgeable, qualified, and consistent.

Ryan P. Jolley, CPA will serve as the principal contact authorized to make representations on behalf of this bid. This proposal is firm and irrevocable offer for 30 days. He can be reached by phone at 559-287-1527 or by mail at 901 “N” Street, Suite 104, Firebaugh, CA 93622.

901 “N” STREET, SUITE 104 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 2 We are eager to work with the City and demonstrating our commitment to providing a costeffective, high-quality audit for the City. We look forward to your response and meeting with you to further discuss a possible relationship. Thank you for your consideration.

Sincerely,
Bryant L. Jolley, CPA
3 TTTEEECCCHHHNNNIIICCCAAALLLPPPRRROOOPPPOOOSSSAAALLL
Our firm is independent of the City of Fowler as defined by the U.S. General Accounting Office’s Government Auditing Standards. Our firm is licensed to operate as a certified public accounting firm by the State of California. All professional staff is properly licensed to practice in California. Our firm maintains professional liability, workers’ compensation, and automobile insurance.

Our firm consists of four CPA’s and two senior audit staff who have over a hundred years combined governmental auditing experience making us premier auditors of local governments. Because of the size of our firm and the experience of the individuals, all five members of our firm will be involved in this engagement.

Our firm is in compliance with all GAO standards for continuing education and we recently completed a peer-review of our work, which included government engagements, by an independent CPA firm for which we received the highest rating of pass (page 11).

The people who serve you today will be the people who serve you tomorrow. Our firm’s turnover rate is low, which ensures continuity on your engagement. Our firm only consists of senior level members who have significant years of governmental experience. Your engagement team will not contain staff accountants nor will you have to train new audit team members in succeeding years. We highly emphasize senior level involvement because these are the team members who know the most about you and your operations. Their involvement assures quick resolution of issues, better job management, closer supervision, and expeditious review of work papers. These are the people who will remain consistently committed to your engagement.

The following information outlines the qualifications and experience of the individuals who would be assigned to the engagement.

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BRYANT JOLLEY, CPA
AUDIT ROLE: CLIENT SERVICE PARTNER/ENGAGEMENT REVIEWER
Bryant Jolley will be the in-charge person for the City audit. He has been a licensed CPA since 1976 and has operated his own firm since 1980. He graduated from Brigham Young University in 1974 and did graduate accounting studies at the University of Southern California. His initial training as an auditor was with Deloitte Touche, an international CPA firm. The first governmental audit he performed was in 1979 and he has been extensively engaged in governmental accounting since that date. He is the in charge person on an average of thirty city or special district audits each year. This experience allows him to have a unique understanding of the accounting and fiscal problems facing governmental units and provide concrete recommendations to improve overall efficiencies. He has received over 80 hours of government-specific continuing professional education over the last two years and is a member of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants.
4 RYAN JOLLEY, CPA
AUDIT ROLE: ENGAGEMENT PARTNER
Ryan Jolley is a licensed certified public accountant who joined our firm in 2004. He graduated with an undergraduate degree in accounting in 2002 and entered the Masters program in accounting at San Diego State University the same year. During this period he started work as a staff auditor with Moss Adams LLP, a large national CPA firm. He interned with our firm for several summers during college and worked on numerous governmental audits. He was the primary senior non-profit/governmental auditor for the Moss Adams San Diego office. Since then he has worked extensively with several cities helping them with the GASB 34 conversion process. He has over 12 years of experience with auditing municipalities, colleges, and commercial entities as well as conducting Single Audits under OMB Circular A-133 standards.

LUIS PEREZ, CPA
AUDIT ROLE: ENGAGEMENT MANAGER/IN-CHARGE AUDITOR
Luis Perez is a licensed certified public accountant and has 10 years of experience auditing non-profit organizations and cities. Additionally, he has helped many non-profits, cities and districts with temporary accounting projects or other operational emergencies. This has provided him with extensive working knowledge of non-profits and allows him to be available for normal accounting questions or assistance throughout the year. He is a member of the American Institute of Certified Public Accountants.

LAN KIMOTO
AUDIT ROLE: ENGAGEMENT MANAGER
Lan began her accounting career after receiving a Bachelor of Science in Business Administration and graduating Cum Laude in May 2005 from California State University, Fresno. Prior to joining Bryant L. Jolley, CPA, she was the Finance Director at the City of Orange Cove and worked with two large local CPA firms, working exclusively in the governmental and nonprofit arena. Lan has planned, performed and served as in-charge auditor for numerous engagements and prepared audit programs for both large and small government and nonprofit enterprises. Her experience includes preparation of financial statements that comply with GASB standards, as well as single audit compliance. Lan is in compliance with the continuing education requirements of the AICPA and Government Auditing Standards. She was also responsible for providing consulting services to the City of Fowler in the past to assist with audit preparation and reconciling the City’s general ledger accounts.

OOOUUURRREEEXXXPPPEEERRRIIIEEENNNCCCEEEAAAUUUDDDIIITTTIIINNNGGGGGGOOOVVVEEERRRNNNMMMEEENNNTTTEEENNNTTTIIITTTIIIEEESSS City of Kerman
Principal Contacts: Josefina Alvarez, Finance Director (559-846-9382) Engagement Dates: June 30, 2022
Approximate Staff Hours Expended: 200 hours
Scope of Work: Audited Financial Statements, Annual Financial Transaction Report

5 City of San Juan Bautista
Principal Contacts: Wendy Cummings, Finance Director (831-227-3225) Engagement Dates: June 30, 2022
Approximate Staff Hours Expended: 150 hours
Scope of Work: Audited Financial Statements, Annual Financial Transaction Report City of Firebaugh
Principal Contacts: Pio Martin, Finance Director (559-659-2043) Engagement Dates: June 30, 2022
Approximate Staff Hours Expended: 250 hours
Scope of Work: Audited Financial Statements
City of San Joaquin
Principal Contacts: Elizabeth Nunez, City Manager (559-693-4311) Engagement Dates: June 30, 2021
Approximate Staff Hours Expended: 150 hours
Scope of Work: Audited Financial Statements, Annual Financial Transaction Report City of Reedley
Principal Contacts: Paul Melikian, Assistant City Manager (559-637-4200) Engagement Dates: June 30, 2022
Approximate Staff Hours Expended: 250 hours
Scope of Work: Audited Financial Statements, Annual Financial Transaction Report Note: Seven additional Cities we audit separate from the above available upon request.

HHOOOWWWWWWEEEAAAPPPPPPRRROOOAAACCCHHHYYYOOOUUURRRAAAUUUDDDIIITTT Our effective and efficient government audit approach combines knowledge of governmental accounting and auditing with an understanding of the associated risks. We are value-driven and seek to maximize the return on your investment in the audit process through in-depth analysis of your financial statements and your internal controls.

Throughout the engagement, our team will collaborate with your staff whenever possible to minimize costs and improve efficiencies. Of course, we will need assistance with preparing schedules, finding documents, explaining processes, and providing sample documentation, budget related materials, organizational charts, and manuals.

Audit Standards
The auditor’s opinion will be directed toward the fairness of presentation of the financial statements in accordance with Generally Accepted Auditing Standards (GAAS). We will prepare the Annual Financial Report in conformity with Government Code Section 26909, Generally Accepted Accounting Principles (GAAP), and Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States General Accounting Office.
6 Pre-Audit
We are very familiar with the audit issues facing government entities. We have adjusted our audit services to incorporate these specialized areas and approach the audit from the following aspects:
 Where are the City’s greatest exposures?
 How does the City safeguard against risks?
 How does the City internally evaluate its organization?  What are the controls used by the City to measure accountability? Our approach to the City’s audit is truly a design that will be as unique as the City itself and is based on the areas we find to be the most vulnerable. Our focus includes evaluating internal controls that ensure adherence to applicable federal and state laws and regulations.

We place a substantial amount of our time reviewing and assessing such high-risk areas during our evaluation. This risk-based approach focuses our efforts on what is important to you and your stakeholders and enables us to present you with meaningful suggestions.

We monitor our performance using a variety of qualitative and quantitative measures. First and foremost, we honor our agreement with you, completing the engagement on-time and on-budget. When you talk to our references, you will find that this sets us apart from most regional and national CPA firms. Typically in a first year audit engagement, we invest additional time in your audit, which is not billed to you as cost over-runs. Rather, we view it as an investment in our long-term professional relationship.

We measure our audit performance in the response we receive from the City and its staff. In addition, we report directly to management and the Board in face-to-face meetings, providing meaningful information and answering questions directly.

Segmentation of the Audit
Our audit involves a logical sequence of five steps that ensures compliance with the applicable professional standards and the expeditious completion of the audit. We will tailor our audit to the needs and complexity of the City.

1. Planning – First, we learn everything we can about the City and its related organizations - from organizational structure to policies and procedures. We read meeting minutes, review budgets, assess manuals and programs, hold discussions with key management staff, and evaluate management information systems. Based on what we learn, we develop our expectations regarding current year results, and then compare our expectations to actual results.

This helps us develop risk assessments for each audit segment to determine what level of control testing and/or substantive testing is necessary to address the assessed risk. We then design our audit program accordingly.

2. Control Testing – Depending on our risk assessments, we determine specific audit cycles to test for internal controls and we evaluate the results. Based on the results against our expectations, we then determine if any modification is necessary to our planned substantive audit procedures on ending account balances and transactions. Based on the information we have obtained to date, we plan to test controls to obtain moderate to substantial reliance over 7 cash and investments, revenues and related receivables, expenses and related payables, capital outlay, and long-term debt. This is subject to change once we gather more information as part of our audit planning procedures.

3. Substantive Testing – Our overall objective is to achieve a low level of risk of error in ending account balances. After we have performed our preliminary analytical and internal control tests and evaluated the results, we determine the nature, timing, and extent of detailed audit procedures on ending account balances and transactions necessary to achieve a low level of risk that errors could be present without detection.

4. Compliance Testing – The State requires testing organizational compliance with certain laws and regulations. In addition, we will test your compliance with federal laws. We have specially-designed audit programs that ensure we adequately address both areas.

5. Report Writing and Review – After all the fieldwork is complete, we draft our opinions and other reports. As part of our firm’s quality control process, Bryant Jolley is required to review our audit files and report to improve the quality of our audits and to ensure optimum quality. We have a requirement that only personnel involved in our governmental service team can be involved in the review of our work. This ensures that our clients are served with professionals trained in governmental auditing and accounting standards.

6. Statistical Sampling - Sampling to be used during our audit will include random sampling methods for tests of controls and for substantive tests of details. Sampling will be used throughout the engagement to test most financial statement balances.

We will select the most appropriate sampling technique for a given compliance test, tailored to the type and nature of the test.

7. Analytical Procedures - Analytical procedures are generally performed throughout the audit engagement, and result in substantial discussion with management. Initially, at the planning phase of the audit, comparisons are made between current and prior year results, actual and budgetary information, and to industry benchmarks. We use common size financial statements and trend and ratio analyses to aid us in developing our audit plan and programs.

Non-financial data and external information are incorporated in our procedures to enhance their validity, and information is disaggregated as much as possible to improve precision.

During our substantive testing of balances, we typically analyze the detail of changes to certain accounts. For example, this approach is often used with sampling in our testing of capital asset, long-term debt and investment accounts.

At the conclusion of the audit, we again employ analytical procedures similar to those used at the planning phase. The audit team takes a holistic view of the financial statements in light of the results of all other auditing procedures performed. We discuss our observations with management and provide information to the Board as part of our audit result presentation.

Our clients find this to be the most important value of their annual audit process. It produces beneficial information far beyond the audit of the financial statements they initially expect.

AUDIT: Documenting internal control structure
 Obtain copies of all available system and policy/procedure documentation from City finance, treasury, human resources, information technology, grant management, budget department, and personnel. This will include organization charts, narratives and 8 flowcharts. Copies will be retained in our permanent working paper file. This documentation will be updated annually for any changes.  Review the above-described documentation and meet with City personnel to make inquiries about, and discuss questions that arise from, our review.  Document and assess the adequacy of internal controls over the various City systems, and develop preliminary risk assessments for each of them. As mentioned earlier in our discussion of audit approach, the framework of this system incorporates the requirements of auditing standards related to internal control and fraud detection.

At the planning phase of our audit and in accordance with Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit, we will hold a brainstorming meeting to discuss fraud risks related to the City and design the audit to take those risks into account. Provisions of this new and important auditing standard will be incorporated throughout our audit.
9 COST PROPOSAL
Submitted By:

Firm Name: Bryant L. Jolley, CPA
I hereby certify that the undersigned is authorized to represent the firm stated above, and empowered to submit this bid, and if selected authorized to sign a contract with the City, for the services identified in the Request For Proposals.

Signature: _______________________
Printed Name: Bryant L. Jolley Date: March 9, 2023
Our services will include the City audit and a Management Report. The all-inclusive fee for this work is as follows:

Service 2022/23 2023/24 2024/25
City Audit and Related Reports $41,500 $42,500 $43,500
Total for Fiscal Year (not-to
exceed)
$41,500 $42,500 $43,500
Single Audit, if required $3,500 $3,500 $3,500
Controller Report, if required $3,500 $3,500 $3,500
Total including additional
services for Fiscal Year (notto exceed)
$48,500 $49,500 $50,500
This proposal is made with the assumption that the City’s books and records will be in a reasonably balanced condition and reconciled at the start of the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. An example of this would be if the Controller Report had to be prepared with unaudited numbers or if the City had more than one major program for the Single Audit. We agree the City may broaden the scope of our engagement and we agree to hold ourselves available to perform such additional work as the City may desire. A final billing will be submitted upon delivery of all required reports. No billings will be made for out-of-pocket expenses or any other expenses such as typing, clerical, printing and travel costs.

Below is our Hourly Rate Schedule for hourly charges for professional services rendered in relation to any additional services that may be requested by the City. Most often, larger 10 additional projects have negotiated maximums. Should you require such services, we would be pleased to discuss them with you.

Hourly
Rates
Hours
Required Audit Fee
Partners $200 51 $10,200
Managers $175 80 $14,000
Seniors $150 162 $24,300
Total 293 $48,500
Grant Bennett Associates
A PROFESSIONAL CORPORATION
www.gbacpa.com
1375 Exposition Boulevard, Suite 230  P.O. Box 223096
Sacramento, CA 95815  Princeville, HI 96722
916/922‐5109   FAX  916/641‐5200  888/769‐7323
Report on the Firm’s System of Quality Control
September 18, 2020
To Bryant L Jolley and the Peer Review Committee of the California Society of CPAs We have reviewed the system of quality control for the accounting and auditing practice of Bryant L Jolley (the firm) in effect for the year ended May 31, 2020. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards).

A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating.

Firm’s Responsibility
The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any.

Peer Reviewer’s Responsibility
Our responsibility is to express an opinion on the design of the system of quality control and the firm’s compliance therewith based on our review.

Required Selections and Considerations
Engagements selected for review included engagements performed under Government Auditing Standards, including a compliance audit under the Single Audit Act.

As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures.

Opinion
In our opinion, the system of quality control for the accounting and auditing practice of Bryant L Jolley in effect for the year ended May 31, 2020, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Bryant L Jolley has received a peer review rating of pass.

GRANT BENNETT ASSOCIATES

A PROFESSIONAL CORPORATION
Certified Public Accountants

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

REPORT TO THE CITY COUNCIL
March 21, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director

SUBJECT
APPROVE Resolution No. 2628 Authorizing Submittal of a Cooperative Grant Application for Caltrans Clean California Grant Program.

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The Clean California Local Grant Program Cycle 2 has $100 million in funds available. The goals of the program are to: reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces; enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; and enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation.

The City of Fowler is currently preparing its materials for a cooperative a grant application with the County of Fresno, City of Kingsburg, and City of Selma. Pursuant to the grant guidelines, applications are due on March 28, 2023. The City’s portion of the application proposes using program funds to add lighting and wayfinding/monument signage along Golden State Boulevard. Specifically, funds would be used for engineering, construction, and installation of the lighting and signage.

Caltrans Clean California Grant Program
March 21, 2023

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

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

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

Attachments
- Resolution No. 2628
RESOLUTION NO. 2628

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AUTHORIZING SUBMITTAL OF A COOPERATIVE GRANT APPLICATION FOR

THE CALTRANS CLEAN CALIFORNIA GRANT PROGRAM
WHEREAS, the City of Fowler eligible to receive State funding for certain transportation related work through the California Department of Transportation; and WHEREAS, Caltrans Clean California grant program (“Program”) grant applications are due on April 28, 2023; and
WHEREAS, on April 28, 2023, the City of Fowler (“City”) intends to file an application with the County of Fresno, City of Kingsburg, and City of Selma to Caltrans for the Program; and WHEREAS, the City’s application proposes to use Program funds to provide lighting and wayfinding enhancements along Golden State Boulevard (“Project”); and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, City Council of the City of Fowler wishes to delegate authorization to execute these agreements and any amendments thereto
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Fowler:

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

2. Authorizes the City Manager to and enter into a contract with Caltrans on behalf of the City and to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation

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

PASSED, APPROVED AND ADOPTED this 21st day of March 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

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

REPORT TO THE CITY COUNCIL
March 21, 2023
FROM THOMAS W. GAFFERY IV, Community and Economic Development Director

SUBJECT
APPROVE a First Amendment to the Revised and Restated Disposition and Development Agreement between the City of Fowler and Qawadri LLC for the property located at the northwest corner of South 7th Street and East Vine Street.

RECOMMENDATION
Staff recommend the City Council approve the First Amendment to the Revised and Restated Disposition and Development Agreement between the City and Qawadri, LLC, to allow the developer more time to complete the entitlements required for the Project.

BACKGROUND
In accordance with the Surplus Land Act, the City Council previously declared the property located at the northwest corner of South 7th Street and East Vine Street (APNs 343-233-02ST and 343-233- 03ST) (the “Property”) surplus and Staff initiated the process pursuant to the Act for disposition of this surplus Property. Following conclusion of this process, the City was allowed to accept offers and Staff recommended the sale of the Property to Qawadri, LLC (“Developer”). On October 5, 2022, the City Council approved a Disposition and Development Agreement (“DDA”) between the City and the Developer, allowing the Developer to purchase and develop the Property in accordance with specific timelines. Council Approved a Revised and Restated DDA on March 15, 2022.

Staff have continued to work with the Developer on this project, however additional time is needed for the Developer to complete the entitlements required for this project. The size of the parcel and setback requirements due to the railroad has required the Developer to revisit the site plan to develop a feasible APPROVE a First Amendment to the DDA with Qawadri LLC
March 21, 2023

project on the Property. The First Amendment to the DDA would change the “effective date” of the DDA to March 21, 2023, thereby extending the Developer’s time to complete the entitlements required for the project.

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

FISCAL IMPACT
There is no added cost to the City in granting this extension.

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

Attachments
- First Amendment to the Revised and Restated Disposition and Development Agreement - Revised and Restated Disposition and Development Agreement

FIRST AMENDMENT TO THE REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT DATED MARCH 15, 2022, BETWEEN THE CITY OF

FOWLER AND QAWADRI, LLC
A. Both parties desire modifications to the Revised and Restated Disposition and Development Agreement dated March 15, 2022, in order to provide Qawadri, LLC (“Developer”) with additional time to complete the entitlements required to develop the Property.

B. All references to “the date of this Agreement” or “the Effective Date” in the Revised and Restated Disposition and Development Agreement shall now refer to the date of this First Amendment, March 21, 2023.

C. All other terms and conditions remain unchanged. It is the intention of the parties that except for the changes explicitly listed above, all other terms and conditions of the Agreement and any other Exhibits, Attachments or Addenda thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have entered into this First Amendment as March 21, 2023.

QAWADRI, LLC
__________________________ Date: ______________________ Abdallah Qawadri, Member/Manager

CITY OF FOWLER
__________________________ Date: ______________________ Wilma Tucker, City Manager
ATTEST:
_____________________________ Date: ______________________ Angela Vazquez, Deputy City Clerk
APPROVED AS TO FORM:
_________________________ Date: ______________________
Scott Cross, City Attorney
Recorded By and For the Benefit of,
And When Recorded Return to:

CITY OF FOWLER
128 South 5th Street
Fowler, California 93625
ATTN: City Clerk

REVISED AND RESTATED

DISPOSITION AND DEVELOPMENT AGREEMENT
NORTHWEST CORNER OF SOUTH 7TH STREET AND EAST VINE

STREET, FOWLER, CA
APN 343-233-02ST AND 343-233-03ST

CITY OF FOWLER
AND

QA W ADRI, LLC
, In

TABLE OF CONTENTS
RECITALS ................ ........................ ........................... ... .......... 1

1. CONVEYANCE OF THE PROPERTY ............................ 1 A. Disposition of The Property ..................................... 1 B. Purchase Price and Deposit.. .................................... 2 C. Escrow ...................................................................... 2 D. Costs of Escrow ................................................. ...... 2 E. Escrow Instructions .................................................. 2 F. Authority of Escrow Agent ...................................... 2 G. Closing ....... .............................................................. 3 H. Termination .............................................................. 3 I. Closing Procedure ..................... ..... ... ....................... 3 J. Review of Title .......... .............................................. 3 K. Title Insurance ....................................... ............... .. .4 L. Conditions of Closing ............................................. .4 M. Representations and Warranties ................... ............ 6 N. Condition of The Property ....................................... 8

2. DEVELOPMENT OF THE PROPERTY ........................ 10 A. Developer's Obligation to Construct
Improvements ................................. ..... .................. 10 B. City Obligations With Respect to the Building .... 10 C. Design Review .................................... ............... .... 11 D. Land Use Approvals .............................................. 12 E. Schedule of Performance and Conforming
Business Activities ......................................... ........ 13 F. Cost of Construction ........................... ................... 13 G. Insurance Requirements .......... ... ................ ....... ..... 14 H. Developer's Indemnity .......................................... . 14 I. Rights of Access .... ........... .................................... . 14 J. Compliance with Laws .......................................... 15 K. Nondiscrimination in Employment.. ............. ......... 15 L. Taxes and Assessments ................ .. ................ ........ 15 M. Release of Construction Covenants ....................... 15 N. Financing of Improvements ................................... 16

3. DEFAULTS AND REMEDIES ....................................... 18 A. Default Remedies ........................................ ........... 18 B. Institution of Legal Actions ................................... 18 C. Termination by the Developer Prior to
Conveyance of the Property ................. ... ............. .. 19 -1-
/1
D. Termination by the City Prior to
Conveyance of the Property ................................... 19 E. Reentry and Revesting of Title in the City for
Failure to Timely Commence and Complete
Developer Improvements, Begin Operation of Conforming
Business Activities, or for an Unlawful Transfer .. 19
F. Option to Purchase property After Completion of Developer Improvements and Operation of Conforming Business
Activities ................................................................ 21 G. Right of First Refusal ............................................ 22

4. GENERAL PROVISIONS ............................................... 23 A. Notices, Demands and Communications
Between the Parties ................................................ 23 B. Enforced Delay; Extension of Times
of Performance ....................................................... 23 C. Transfers oflnterest in Property or Agreement.. ... 24 D. Successors and Assigns .......................................... 25 E. Assignment by City ................................................ 25 F. Relationship Between City and Developer ............ 25 G. No Third Party Beneficiaries Excepting Agency ... 25 H. City Approvals and Actions ................................... 25 I. Counterparts ........................................................... 26 J. Integration .............................................................. 26 K. Real Estate Brokerage Commission ....................... 26 L. Interpretation .......................................... ................ 26 M. No Waiver. ............................................................. 26 N. Modifications ......................................................... 26

0. Severability ............................................................ 26 P. Legal Advice .......................................................... 26 Q. Cooperation ............................................................ 27 R. Rights and remedies are Cumulative ..................... 27 S. Applicable Law ...................................................... 27 T. Non-Liability of Officials and Employees
of the City ................................ .............................. 27 U. Attorneys' Fees ...................................................... 27 V. Precedence of Documents ...................................... 27 -ii-

ATTACHMENTS
Attachment No. 1
Attachment No. 2
Attachment No. 3
Attachment No. 4
Attachment No. 5
J:\wdocs\00250\256\AGT\008966 I 2.DOC
-iiiLegal Description and
depiction of Property
Form of Grant Deed
Schedule of Performance
Release of Construction
Covenants .

Notice of Reversionary Interest

REVISED AND RESTATED

DISPOSITION AND DEVELOPMENT AGREEMENT
This Revised and Restated Disposition and Development Agreement ("Agreement" or "DDA") is entered into Effective March_. 2022, between the City of Fowler, a California municipal corporation and general law city ("City") and QA W ADRI, LLC ("Developer"), with respect to the following Recitals, which are a substantive part of this Agreement:

RECITALS
A. City owns two parcels of real property at the northwest corner of South 7th Street and East Vine Street (APNs 343-233-02ST and 343-233-03ST) in the City of Fowler, Fresno County, State of California ("Property"). The Property is legally described and depicted in Attachment No. 1. The Property consists of approximately 37,025 square feet for both parcels.

The Property is in the Form-Based Code zone district, allowing a multitude of uses compatible with the central business district.

B. After following the California Surplus Land Act, the City made the Property available for sale and private development. Developer expressed interest in purchasing the Property to establish a retail dining establishment, mixed use building, and operating other permissible uses. This use shall hereinafter be referred to as "Confirming Business Activities." C. Developer is an experienced commercial developer or has otherwise contracted with experienced commercial developers, contractors, architects, and other professionals for the purposes of developing the Property with a viable commercial business, as proposed. City desires to sell the Property to Developer for the purposes set forth in these Recitals, as further described in this Agreement. The improvements to the Property required by this Agreement shall hereinafter be referred to as "Developer Improvements" or "Improvements".

D. City's disposition of the Property, and the construction, completion, and operation of the Developer Improvements pursuant to the terms of this Agreement, are in the vital and best interest of the City and the health, safety, and welfare of its residents, and will serve the public purpose of real property redevelopment in City's downtown.

E. City and Developer's principal and sole member, Abdallah Qawadri, entered into a Disposition and Development Agreement dated ___ ___ , 202 _ ("Original DOA") for the Property, and each party now desires to enter into this Agreement which is intended to and shall replace and supersede the Original DDA. Further, Abdallah Qawadri assigns all rights in the Original DDA, and City consents to said assignment.

NOW, THEREFORE, City and Developer agree as follows:

1. CONVEYANCE OF THE PROPERTY.

A. Disposition of the Property. Developer agrees to purchase the Property from City, and City agrees to.sell the Property to Developer, in accordance with and subject to all of the terms, covenants, and conditions of this Agreement, for the "Purchase Price" set forth below. The conveyance of the Property shall be by "Grant Deed" substantially in the form of Attachment No.

2. B. Purchase Price and Deposit. The purchase price for the Property shall be Two Hundred Seventy-Five Thousand Dollars ($275,000.00) ("Purchase Price"). The parties agree the Purchase Price constitutes not less than fair market value of the Property and the rights conveyed, and does not reflect any economic assistance by City. Upon opening of Escrow, Developer shall deposit the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00) in Escrow ("Developer Deposit"). The Developer Deposit shall be applied to the Purchase Price. The Developer Deposit shall not be refundable to Developer and shall be retained by City as liquidated damages if Escrow fails to close, except in the event that Escrow fails to close due to the failure of a Developer's Conditions of Closing as described in Section 1 L(2). The balance of the Purchase Price shall be paid to the City in three (3) equal annual installments of Fifty Thousand Dollars ($50,000) due on December 31 of 2023, 2024, and 2025. Developer may prepay the remaining balance of the Purchase Price at any time without penalty.

C. Escrow. Within ten ( 10) days after the execution of this Agreement by both parties, the parties shall open escrow ("Escrow") with the Old Republic Title Company in its Kingsburg office, or another escrow company mutually satisfactory to both parties ("Escrow Agent").

D. Costs of Escrow. Developer shall pay all costs for the Title Policy as set forth in Section 1 K hereof; City shall pay for the documentary transfer taxes due, if any, with respect to the conveyance of the Property; and Developer shall each pay all other usual fees, charges, and costs which arise from Escrow.

E. Escrow Instructions. This Agreement constitutes the joint escrow instructions of Developer and City, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties agree to do all acts reasonably necessary to close this Escrow in the shortest possible time.

If in the opinion of Developer or the City's City Manager it is necessary or convenient in order to accomplish the Closing, such party may require that the parties sign supplemental escrow instructions; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, the provisions of this Agreement shall control. The parties agree to execute such other and fm1her documents as may be reasonably necessary, helpful, or appropriate to effectuate the provisions of this Agreement.

F. Authority of Escrow Agent. Escrow Agent is authorized to, and shall:
( 1) Pay and charge City for the premium of the Title Policy and any endorsements thereto as set forth in Section lK and any amount necessary to place title in the condition necessary to satisfy Section 1 J of this Agreement.
(2) Pay and charge Developer and City for their respective shares of any escrow fees, charges, and costs payable under Section ID of this Agreement. (3) Disburse funds and deliver and record the Grant Deed when both the Developer's Conditions of Closing and the City's Conditions of Closing as described in Section I K herein have been fulfilled or waived by Developer and City.
(4) Do such other actions as necessary to fulfill its obligations under this Agreement. (5) Do such other actions as necessary to comply with any federal, state, or local reporting requirements, including directing City and Developer to execute any required forms, statements, or certificates.

G. Closing. This transaction shall close escrow ("Closing") after satisfaction of all of City and Developer Conditions of Closing as set forth in Section 1 L of this Agreement, but in no event later than one year after Escrow is opened ("Closing Deadline"), unless otherwise extended by written agreement approved by the City's City Council and signed by Developer and the City Manager. Closing shall mean the time and day the Grant Deed is filed for record with the Fresno County Recorder.

H. Termination. If Escrow is not in condition to close by the Closing Deadline, then either party which has fully performed under this Agreement may, in writing, demand termination of the Escrow. Under these circumstances, Escrow Agent shall return all money, papers, and documents deposited in Escrow to the respective depositing party, except that Developer Deposit shall be delivered to City in accordance with Section I B above unless otherwise provided in Section 1B. If either party makes a written demand for termination of Escrow, Escrow shall not terminate until ten ( 10) days after Escrow Agent shall have delivered copies of such demand to the other party at the address shown in this Agreement. If any objections are raised within that ten (10) day period, Escrow Agent is authorized to hold all money, papers, and documents until instructed by a court of competent jurisdiction or by mutual written instructions of the parties.

Tem1ination of Escrow shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, Escrow Agent shall proceed with Closing as soon as possible.

I. Closing Procedure. Escrow Agent shall close Escrow as follows:
(1) Record the Grant Deed with instructions for the Fresno County Recorder to deliver the Grant Deed to Developer.
(2) Instruct the Title Company to deliver the Title Policy to Developer and a copy of the Title Policy to City.
(3) File and deliver any informational reports, forms, statements, and certificates as required by federal, state or local law.
/I -
( 4) Forward to both Developer and City a separate accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into Escrow, with such recording and filing date and information endorsed thereon.

J. Review of Title. City shall cause Escrow Agent to deliver to Developer a standard preliminary title report ("Title Report") with respect to title to the Property, together with legible copies of the documents underlying the exceptions ("Exceptions") set forth in the Title Report, within fifteen (15) days after the Escrow is opened. Developer shall have the right to reasonably approve or disapprove the Exceptions; provided Developer hereby approves the following Exceptions:
(I) Any Redevelopment Plans of the former Fowler Redevelopment Agency which do not preclude Developer's use of the Property as proposed herein. (2) Property interests held by a public body or public bodies, including without limitation easements, franchises, licenses, or other property interests of the public body or public bodies, on the Property and/or within the public rights-of-way around the perimeter of the Property, which do not preclude Developer's use of the Property as proposed herein. (3) The lien of any non-delinquent property taxes and assessments (to be prorated at Closing).
( 4) Any incidental easements or other matters affecting title which do not preclude Developer's use of the Property as proposed herein.
(5) Such other exceptions to title as may hereafter be mutually approved by City and Developer.

Developer shall have fifteen (15) days from the date of its receipt of the Title Report to give written notice to City and Escrow Agent of Developer's approval or disapproval of any of the Exceptions. Developer's failure to give written disapproval of the Title Report within such time limit shall be deemed approval of the Title Report. If Developer notifies City of its disapproval of any Exceptions in the Title Report, City shall have the right, but not the obligation, to remove any disapproved Exceptions within fifteen (15) days after receiving written notice of the Developer's disapproval or provide assurances satisfactory to Developer that such Exception(s) will be removed on or before Closing. If City cannot or does not elect to remove any of the disapproved Exceptions within that period, Developer shall have fifteen (15) days after the expiration of the fifteen (15) day period to give City written notice that Developer elects to terminate this Agreement. The Exceptions to title approved by Developer as provided herein shall hereinafter be referred to as the "Condition of Title."
K. Title Insurance. Upon recordation of the Grant Deed, the Title Company shall issue to Developer an California Land Title Association (CL TA) policy of title insurance ("Title Policy"), together with such endorsements as are reasonably requested by Developer, issued by the Title Company insuring the title to the Property is vested in Developer in the condition required by Section 1 J of this Agreement. The Title Policy shall be for the amount of the Purchase Price. The /'I /'
Title Company shall provide City with a copy of the Title Policy. Developer shall be responsible for the cost of the Title Policy and the cost of any additional endorsements Developer desires.

L. Conditions of Closing. Closing is conditioned upon satisfaction of the following terms and conditions within the times designated below:
(I) City's Conditions of Closing. City's obligation to proceed with Closing is subject to the fulfillment or waiver by City of each and all of the conditions precedent (a) through (f), inclusive, described below ("City Conditions of Closing"), which are solely for the benefit of City, and which shall be fulfilled or waived by the time periods provided for herein:
(a) No Default. Prior to the Close of Escrow, Developer shall not be in default in any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (b) Execution of Documents. Developer shall have executed the Grant Deed and any other documents required hereunder and delivered such documents into Escrow. ( c) Payment of Funds. Prior to Closing, Developer shall have deposited the Developer Deposit and all required costs of Closing into Escrow in accordance with Sections 1 B and 1 D hereof.
( d) Financing. Developer shall have provided evidence of Construction Financing to complete the Developer Improvements, as provided in Section 2N hereof, and such financing shall fund prior to Closing, or be ready to fund within thirty (30) days after Closing. ( e) Design Review. Developer shall have obtained City approval of Development Plans, as provided for in Section 2C.
(f) Insurance. Developer shall have provided proof of insurance as required by Section 2F hereof.
(2) Developer's Conditions of Closing. Developer's obligation to proceed with Closing of the purchase of the Property is subject to the fulfillment or waiver by Developer of each and all the conditions precedent (a) through (f), inclusive, described below ("Developer Conditions of Closing"), which are solely for the benefit of Developer, and which shall be fulfilled or waived by the time periods provided for herein:
(a) No Default. Prior to the Close of Escrow, City shall not he in default in any of its obligations under the terms of this Agreement and all representations and warranties of City contained herein shall be true and correct in all material respects. (b) Execution of Documents. City shall have executed the Grant Deed and any other documents required hereunder and delivered such documents into Escrow. 11r\
( c) Review and Approval of Title. Developer shall have reviewed and approved the condition of title of The Property, as provided in Section 1 J hereof. (d) Title Policy. The Title Company shall, upon payment of Title Company's regularly scheduled premium, have agreed to provide to Developer the Title Policy for the Property upon Close of Escrow, in accordance with Section 1 K hereof. ( e) Due Diligence. Developer shall have determined that the Property is suitable for the proposed development pursuant to Section lN.
(f) Land Use Approvals. Developer shall have obtained approval of any Land Use Entitlements for the Developer Improvements, as provided for in Section 2D.

M.
(1)
Representations and Warranties.

City Representations. City represents and warrants to Developer as follows:
(a) Authority. City has the full right, power and lawful authority to acquire, grant, sell and convey the Property as provided herein, and the execution, performance and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City. (b) Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). City is not a "foreign person" within the parameters of FIRPT A or any similar state statute, or is exempt from the provisions of FIRPT A or any similar state statute, or that City has complied and will comply with all the requirements under FIRPTA or any similar state statute. (c) No Conflict. To the best of City's knowledge, City's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. (d) Litigation. To the best of City's knowledge, there are no actions, suits, material claims, legal proceedings or any other proceedings affecting the Prope11y, or any portion thereof, at law or in equity, before any court or governmental agency, domestic or foreign.

Until Closing, City shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 1 M( 1) not to be true as of Closing, immediately give written notice of such fact or condition to Developer. Such exception(s) to a representation shall not be deemed a breach by City hereunder but shall constitute an exception which Developer shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of The Property. If Developer elects to close Escrow following disclosure of such information, City's representations and warranties contained herein shall be deemed to have been made as of Closing, subject to such exception(s). If, following the disclosure of such information, Developer elects to not close Escrow, then this Agreement and Escrow shall automatically terminate, and neither party shall have any fm1her rights, obligations or liabilities hereunder. Under these circumstances the Developer Deposit shall be returned to Developer.

All of the representations and warranties set forth in this Section 1 M( 1) are made with the acknowledgment that they are material, and with the intention that Developer shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated herein. The representations and warranties contained in this Section 1 M(l) shall each survive the execution of this Agreement and Closing. (2) Developer Representations. Developer represents and warrants to City as follows:
(a) Authority. Developer has the full right, power and lawful authority to purchase and accept the conveyance of the Property, or any portion thereof, and undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of Developer. (b) Experience. Developer is an experienced developer and operator of commercial properties, or has otherwise contracted with experienced commercial developers, contractors, architects, and other professionals for the purposes of developing the Property. (c) No Conflict. To the best of Developer's knowledge, Developer's execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound.
( d) No Developer Bankruptcy. Developer is not the subject of a bankruptcy or other insolvency proceeding.
(e) FIRPTA. Developer is not a "foreign person" within the parameters ofFIRPTA or any similar state statute or is exempt from the provisions of FIRPI A or any similar state statute, or Developer has complied and will comply with all the requirements under FIRPI A or any similar state statute.
(f) Deliveries. All documents, instruments and other information delivered by Developer to City pursuant to this Agreement are, to the best of Developer's knowledge, true, correct and complete.
(g) Commissions. To the best of the Developer's knowledge, there are no broker's commissions or finder's fees payable in connection with The Property.

Until Closing, the Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 1 M(2) not to be true as of the Closing, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Developer hereunder but shall constitute an exception which City shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Property. If City elects to close Escrow following disclosure of such information, Developer's representations and warranties contained herein shall be deemed to have been made as of Closing, subject to such exception(s). If, following the disclosure of such information, City elects to not close Escrow, then this Agreement and Escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder.

All of the representations and warranties set forth in this Section 1 M(2) are made with the acknowledgment that they are material, and with the intention that City shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated herein. The representations and warranties contained in this Section 1 M(2) shall each survive the execution of this Agreement and Closing.

N. Condition of The Property.
(1) Disclosure. Developer acknowledges the Property may contain Hazardous Materials as defined in Section 1N(5). Upon Closing, it will be Developer's obligation to take any required remedial actions, at its sole cost and expense, to render the Property suitable for development. In that regard, immediately following the execution of this Agreement and prior to Closing Developer and City may enter into a Right of Entry Agreement to allow Developer an opportunity to conduct due diligence inspections of the Prope11y, which will remain in place through Closing. Copies of any reports obtained by Developer regarding the condition of the Property shall be provided to City within Ten ( 10) days after receipt and prior to Closing.

Except as noted, City and Developer hereby represent and warrant to the other that they have no actual knowledge and have not received any notice or communication from any government agency having jurisdiction over the Property, notifying such party of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property, or any portion thereof. "Actual knowledge," as used herein, shall not impose a duty of investigation, and shall be limited to the actual knowledge of City and Developer employees and agents who have participated in the preparation of this Agreement.
(2) No Further Warranties As To Property: Release of City. Notwithstanding any provisions of this Agreement to the contrary, the conveyance of all or any portion of the Property shall be conveyed to the Developer in an "AS IS" condition, with no warranty, express or implied by City, as to the Prope11y, improvements on the Property, the soil, its geology, the presence of known or unknown faults or Hazardous Materials, and Developer agrees to and shall indemnify and hold City, and their officers, agents, employees, and volunteers, harmless from and against all liability, loss, damages, costs, or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of the existence of such faults or substances. It shall be the sole responsibility of Developer at his expense to investigate and determine the condition of the soil and improvement conditions on the Property for the development to be constructed. If the soil environmental condition is not in all respects entirely suitable for the use or uses to which the Property will be put, then it is the sole responsibility and obligation of Developer to take such action as may be necessary to place the Property in a condition entirely suitable for its development.

Developer hereby waives, releases and discharges forever City, and its officers, agents, employees, and volunteers, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with the condition of the Property, any Hazardous Materials in or the Property, or the existence of Hazardous Materials contamination due to the generation of Hazardous Materials from the Property, however they came to be placed there, except that arising out of the negligence or misconduct of the City or its employees, officers, agents or representatives which occur after Closing.

Developer acknowledges that it is aware of and fami liar with the provisions of Section 1542 of the California Civil Code which provides as follows:
"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
As such relates to this Section IN, Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. -~!lot/~
By: __ ~-------------
Abdallah Qawadri
(3) Developer Precautions After Closing. Upon Closing, Developer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Property. Such precautions shall include compliance with all governmental requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials.
(4) Developer Indemnity. Upon Closing, Developer agrees to indemnify, defend and hold City, and its officers, agents, employees, and volunteers, harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon: (a) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property which occurs after Closing; or (b) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property which may arise due to any action or inaction of Developer or parties which Developer has supervision and/or control over, after Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. At the request of Developer, City shall cooperate with and assist Developer in its defense of any such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that City shall not be obligated to incur any expense in connection with such cooperation or assistance. (5) Hazardous Materials Definition. For purposes of this Section IN, Hazardous Materials means any substance, material, or waste which is or becomes defined and is regulated as hazardous by any governmental authority, the State of California, or the United States government, but shall not include commercially reasonable amounts of such materials in the ordinary course of the development and operation of the Property which are used and stored in accordance with all applicable environmental laws, ordinances and regulations.

2. DEVELOPMENT OF THE PROPERTY.

A. Developer's Obligation to Construct Improvements. Developer shall develop or cause the development of the Developer Improvements in accordance with the Schedule of Performance (Attachment No. 3), the City of Fowler Municipal Code, and the plans, drawings and documents submitted by Developer and approved by City as set forth herein. Specifically, Developer shall be responsible for construction of a mixed-use building suitable for retail dining.

B.

C.

Reserved.

Design Review.
(1) Design. Site Plan. and Construction Drawings. Within the respective times set forth in the Schedule of Performance, Developer shall submit the following:
(a) Design drawings for the Developer Improvements, including materials, color board, elevations of all four facades of the Developer Improvements, and a rendered perspective, as required by City's Community Development Director and in conformance with applicable City Code and guidelines ("Design Drawings").
(b) Site plan as required by City's Community Development Director and in conformance with City guidelines ("Site Plan").
( c) Detailed construction plans and drawings prepared by a registered civil engineer with respect to the Developer Improvements ("Construction Plans").

The Design Drawings, Site Plan, and Construction Plans are collectively referred to as the "Development Plans".
(2) City Review and Approval. City shall have the right to review and reasonably approve the Development Plans in its sole and reasonable discretion. Developer acknowledges and agrees that City approval is required in order to satisfy City's obligation to promote the sound development and redevelopment of land within the former redevelopment project area, to promote a high level of design which will impact the surrounding development, and to provide an environment for the social, economic and psychological growth and well-being of the citizens of the City of Fowler. Developer shall not be entitled to any monetary damages or compensation as a result of the City's disapproval or failure to approve or disapprove the Development Plans.

Notwithstanding any provision of this Agreement to contrary effect, the times for review and action upon the Development Plans by City shall not be deemed to be commenced unless and until the corresponding submittals by Developer are complete.

City shall state in writing the reasons for disapproval. Developer, upon receipt of a disapproval based upon powers reserved by the City hereunder, shall revise such portions and resubmit to City by the time established therefor in the Schedule of Performance. (3) Consultation and Coordination. During the preparation of the Development Plans, staff of City and Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of the Development Plans. The staff of City and Developer shall communicate and consult informally as frequently as is necessary to ensure that the formal submittal of any documents to City can receive prompt and thorough consideration. City shall designate an employee to serve as the project manager who is responsible for the coordination of City's activities under this Agreement and for expediting the land use approval and permitting process.
( 4) Revisions. If Developer desires to propose any revisions to City-approved Development Plans, Developer shall submit such proposed changes to City, and shall also proceed in accordance with any and all State and local laws and regulations regarding such revisions, within the time frame set forth in the Schedule of Performance. At the sole discretion of City, if any change in the basic uses of the Prope1ty is proposed in the Development Plans from the basic uses of the Property as provided for in this Agreement, then this Agreement is subject to renegotiation of all terms and conditions. If the Development Plans, as modified by the proposed change, generally and substantially conform to the requirements of this Section 2C, the City Manager shall review the proposed change and notify the Developer in writing within thirty (30) days after submission to City as to whether the proposed change is approved or disapproved. The City Manager is authorized to approve changes to City-approved Development Plans provided such changes: (a) do not significantly modify the scope and character of the Improvements; (b) do not reduce the quality of materials to be used; and (c) do not reduce the imaginative and unique qualities of the project design. Any and all change orders or revisions required by City and its inspectors which are required under the Municipal Code and all other applicable codes ( e.g., Building, Plumbing, Fire, Electrical, etc.) and under other applicable laws and regulations shall be included by Developer in its Development Plans and completed during construction of the Developer Improvements.
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(5) Defects in Plans. City shall not be responsible either to Developer or to third parties in any way for any defects in the Development Plans, nor for any structural or other defects in any work done according to the approved Development Plans, nor for any delays reasonably caused by the review and approval processes established by this Section 2C. Developer shall hold harmless, indemnify and defend City, and its officers, agents, employees, and volunteers, from and against any claims, suits for damages to property or injuries to persons arising out of or in any way relating to defects in the Development Plans, including without limitation the violation of any laws, and for defects in any work done according to the approved Development Plans. (6) Use of Plans. City shall not have the right to use Development Plans which are submitted to City by Developer pursuant to this Section 2C, nor shall the City confer any rights to use such drawings or plans to any person or entity.

D. Land Use Approvals.
(1) Land Use Entitlements. Within the respective times set forth in the Schedule of Performance, Developer shall secure, or cause to be secured, all land use and other discretionary entitlements by City or any other governmental agency necessary to complete the Developer Improvements.
(2) Other Approvals. Before commencement of construction of Developer Improvements or other related works of improvement upon or adjacent to the Property, Developer shall secure or cause to be secured any other permits and approvals which may be required by City or any other governmental agency affected by such construction or work. (3) Developer Cost and Expense. All land use entitlements and other permits shall be secured by Developer at Developer's sole cost and expense. (4) No Precommittment by City. Nothing in this Agreement is intended to or shall operate to commit City's discretion with respect to land use and other entitlements, permits, and approvals which may be required by Developer with respect to the Developer Improvements.

E. Schedule of Performance and Conforming Business Activities. (1) Schedule of Perfo1mance. Developer shall submit all Development Plans, obtain Land Use Approvals, commence and complete all construction of the Developer Improvements, and satisfy all other obligations and conditions of this Agreement, within the respective times established therefor in the Schedule of Performance. The Schedule of Performance shall be deemed a material part of this Agreement.
(2) Conforming Business Activities. Within a reasonable period of time following the completion of the Developer Improvements, not to exceed thirty (30) days after the issuance of a Ce11ificate of Occupancy, Developer shall operate "Conforming Business Activities." "Conforming Business Activities" means the conduct of commercial and retail uses set forth in the Recitals or as otherwise permitted by applicable zoning and in accordance with the terms of this Agreement.
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Developer shall operate Conforming Business Activities for a period of not less than ten (10) continuous years after opening.
(a) Continuous shall mean the business is not closed during its normal or customarily operated business days for the type of business, for more than a cumulative total of thi11y (30) days in any calendar year, except as may be required during any enforced delay event as provided in Section 4B herein.
(b) Non-operation due to government ordered shutdowns beyond the control of the Developer, shall be deducted from the ten-year period.
( c) Non-operation for repairs or remodeling that are diligently pursued to completion shall be deducted from the ten-year period.

After ten (10) years, City's ordinary codes shall apply regarding continuous operation of the business.

F. Cost of Construction. All of the costs of planning, designing, developing, and constructing the Developer Improvements, including all permits and entitlements, shall be borne solely by the Developer.

G. Insurance Requirements. Developer shall take out prior to commencement of construction of the Developer Improvements, and maintain or shall cause its contractor to take out and maintain until the issuance of the Release of Construction Covenants pursuant to Section 2M of this Agreement, a comprehensive general liability policy in the amount of Two Million Dollars ($2,000,000) combined single limit policy, and if Developer owns automobiles, a comprehensive automobile liability policy in the amount of One Million Dollars ($1,000,000), combined single limit, or such other policy limits as City may approve at its discretion, including contractual liability, as shall protect Developer and City from claims for such damages, and which policy shall be issued by an "A" rated insurance carrier. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to City evidence satisfactory to City that the Developer and any contractor with whom it has contracted for the performance of work on The Property or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. Developer shall furnish a notarized ce1iificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned ce11ificate shall name City and its respective officers, agents, employees, and volunteers, as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The ce1iificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The 1 ..,
required ce11ificate shall be furnished by Developer at the time set f011h therefor in the Schedule of Performance or, if no time is specified, prior to the commencement of construction of the Developer Improvements.

H. Indemnity. Developer shall defend, indemnify, assume all responsibility for, and hold the City and its officers, agents, employees, and volunteers, harmless from all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Agreement or the implementation thereof and for any damages to property or injuries to persons, including accidental death (including attorney's fees and costs), which may be caused by any acts or omissions of Developer in the performance under this Agreement, whether such activities, performance, or omissions be by Developer or by anyone directly or indirectly employed or contracted with by Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. Developer shall not be liable for property damage or bodily injury occasioned by the sole negligence or willful misconduct of City or its agents or employees, or the failure of City or its agents or employees to follow accepted safety standards in connection with accessing the Property pursuant to Section 2I, below. City shall defend, indemnify, assume all responsibility for, and hold the Developer and its officers, agents, employees, and volunteers, harmless from all claims, demands, damages, defense costs or liability of any kind or nature relating to City's breach of this Agreement or occasioned by the sole negligence or willful misconduct of City or its agents or employees, or the failure of City or its agents or employees to follow accepted safety standards in connection with accessing the Property pursuant to Section 21, below, for any damages to property or injuries to persons, including accidental death (including attorney's fees and costs), I. Rights of Access. Prior to the issuance of a Release of Construction Covenants ( as specified in Section 2M of this Agreement), for purposes of assuring compliance with this Agreement, including construction of the Developer Improvements, representatives of City shall have the right of access to the Property conveyed to Developer without charges or fees, at normal construction hours during the period of construction. City representatives shall comply with all safety rules during any such inspection.

J. Compliance With Laws. Developer shall carry out the design, construction and operation of the Developer Improvements in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable accessibility requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

K. Nondiscrimination in Employment. Developer certifies and agrees that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of any protected class under State of California or Federal law.

L. Taxes and Assessments. Developer shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Property conveyed to Developer. Developer shall remove or have removed any levy or attachment made on any portion of the Property, or assure the satisfaction thereof within a reasonable time. Developer shall not apply for or receive any exemption from the payment of property taxes or assessments on any interest in or to the Property or the Developer Improvements.

M. Release of Construction Covenants. Promptly after completion of the Developer Improvements in conformity with this Agreement, City shall furnish Developer with a "Release of Construction Covenants," substantially in the form of Attachment No. 4 hereto which is incorporated herein by reference. City shall not unreasonably withhold such Release of Construction Covenants. The Release of Construction Covenants shall be a conclusive dete1mination of satisfactory completion of the Developer Improvements in accordance with the terms of this Agreement and the Release of Construction Covenants shall so state.

If City refuses or fails to furnish the Release of Construction Covenants, after written request from Developer, City shall, within fifteen ( 15) days of written request therefor, provide Developer with a written statement of the reasons City refused or failed to furnish the Release of Construction Covenants. The statement shall also contain City's opinion of the actions the Developer must take to obtain the Release of Construction Covenants. The Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage, or any insurer of a mortgage securing money loaned to finance the Developer Improvements, or any part thereof. The Release of Construction Covenants is not a notice of completion as referred to in Section 3093 of the California Civil Code.

N. Financing of Improvements.
(1) Evidence of Financing. Prior to Closing, Developer shall submit evidence satisfactory to City of construction financing ("Construction Financing") as follows:
(a) The obtainment of sufficient equity capital or a firm and binding commitment for construction financing necessary to undertake development of the Property and the construction of the Developer Improvements in accordance with this Agreement. (b) The Construction Financing must fund prior to Closing, or be ready to fund within thirty (30) days after Closing. If the Construction Financing fails to fund as provided herein, the City may exercise its rights under this Agreement, including without limitation its right to reenter the Property and revesting of title to the Prope11y in accordance with Section 3E herein. ( c) If City is not satisfied with the evidence of Construction Financing, City shall notify Developer within twenty (20) days of receipt of a complete submission stating the reasons for such dissatisfaction and Developer shall promptly obtain and submit to City new evidence of financing. City shall not unreasonably withhold or condition its approval of satisfactory Construction Financing.

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( d) Evidence of obtaining Construction Financing shall include the following: (i) a copy of a legally binding, firm and enforceable loan commitment(s) obtained by Developer from one or more financial institutions for the mortgage loan or loans for financing to fund the construction, completion, operation and maintenance of the Developer Improvements, subject to such lenders' reasonable, customary and normal conditions and terms; and/or (ii) a certification from the chief financial officer of Developer that Developer has sufficient funds for such construction, and that such funds have been committed to such construction, and/or other documentation satisfactory to City as evidence of other sources of capital sufficient to demonstrate that Developer has adequate funds to cover the difference between the total cost of the construction and completion of the Developer Improvements, less financing authorized by those loans set forth in subparagraph (a) above.
(2) No Encumbrances Except Mortgages, Deeds of Trust, or Sale and Lease-Back for Development. Mortgages, deeds of trust and sales and leases-back shall be permitted before the completion of the Developer Improvements only with the City's prior written approval, which shall not be unreasonably withheld or delayed, and only for the purpose of securing loans of funds to be used for financing construction of the Developer Improvements (including architecture, engineering, legal, and related direct costs as well as indirect costs), permanent financing, and any other purposes necessary and appropriate in connection with development under this Agreement.

In no event, however, shall the amount or amounts of indebtedness secured by mortgages or deeds of trust exceed the projected cost of constructing the Developer Improvements, as evidenced by a pro forma and a construction contract which set fo11h such construction costs. The words "mortgage" and "trust deed" as used hereinafter shall include sale and lease-back. (3) Holder Not Obligated to Construct Improvements. The holder of any mortgage or deed of trust authorized by this Agreement shall not be obligated by the provisions of this Agreement to construct or complete the Developer Improvements or any portion thereof, or to guarantee such construction or completion; nor shall any covenant or any other provision in this Agreement be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Property to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.
(4) Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage or deed of trust granted by Developer as provided herein, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Developer Improvements, City shall at the same time deliver to each holder of record of any mortgage or deed of trust authorized by this Agreement a copy of such notice or demand. Each such holder shall (insofar as the rights granted by the City are concerned) have the right, at its option, within thirty (30) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Developer Improvements, or any portion thereof (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer's obligations to City by written agreement reasonably satisfactory to City. The holder, in that event, must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates. Any such holder properly completing such improvement shall be entitled, upon compliance with the requirements of Section 2M of this Agreement, to a Release of Construction Covenants. It is understood that a holder shall be deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Property which shall have been conveyed to Developer if and to the extent any such holder has within such thirty (30) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. (5) Failure of Holder to Complete Developer Improvements. In any case where, thirty (30) days after the holder of any mortgage or deed of trust creating a lien or encumbrance upon the Property receives a notice from City of a default by Developer in completion of construction of any of the Developer Improvements under this Agreement, and such holder has not exercised the option to construct as set forth in this Section 2N, or if it has exercised the option but has defaulted hereunder and failed to timely cure such default, City may purchase the mortgage or deed of trust by payment to the holder of the amount of the Purchase Price received by City at the time of Developer's default, and such payment by City shall be City's only obligation to be entitled to any necessary reconveyance of the Property and reconveyance of the mortgage or deed of trust securing the Developer Improvements. Holder's recourse for any remaining principal and interest and all other sums secured by the mortgage or deed of trust shall be against Developer and Developer collateral and not against City or the Property. Nothing herein shall impact holder's rights to proceeds as authorized in Section 3E(2)(b) from a subsequent resale of the Property by City. If the ownership of the Property has vested in the holder, City, if it so desires, shall be entitled to a conveyance from the holder to City of the Property, as applicable, upon payment to the holder of an amount equal to the sum of the following:
(a) The unpaid mortgage or deed of trust debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (b) All expenses with respect to foreclosure including reasonable attorneys' fees; ( c) The costs of any improvements made by such holder; ( d) An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by City. ( 6) Right of the City to Cure Mortgage or Deed of Trust Default. In the event of a mortgage or deed of trust default or breach by Developer prior to the completion of the construction of any of the Developer Improvements or any part thereof, Developer shall immediately deliver to City a copy of any mortgage holder's notice of default. If the holder of any mortgage or deed of trust has not exercised its option to construct, City shall have the right but no obligation to cure the default. In such event, City shall be entitled to reimbursement from 17 Developer of all proper costs and expenses incurred by City in curing such default. City shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be junior and subordinate to the mortgages or deeds of trust pursuant to this Section 2N.

3. DEFAULTS AND REMEDIES
A. Default Remedies. Subject to the extensions of time set forth in Section 4B of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a "Default" under this Agreement. A party claiming a Default shall give written Notice of Default to the other pai1y specifying the Default complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if such party within thirty (30) days from receipt of such Notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence.

B. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either pai1y may institute an action at law or equity to seek specific perfonnance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Fresno, State of California, or in the District of the United States District Court in which such county is located.

C. Termination by the Developer Prior to Conveyance of the Prope11y. In the event that prior to the conveyance of the Property Developer is not in default under this Agreement and:
( 1) City does not tender title pursuant to the Grant Deed in the manner and condition and by the date provided in this Agreement; or (2) one or more of the Developer Conditions of Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by Developer; or (3) any default of City prior to Closing is not cured within the time set forth in Section 3A hereof, after written demand by Developer; then this Agreement may, at the option of Developer, be terminated by written Notice thereof to City. From the date of the Notice of termination of this Agreement by Developer to City and thereafter this Agreement shall be deemed terminated and there shall be no further rights or obligations between the parties with respect to the Property by virtue of or with respect to this Agreement. Under these circumstances, Developer shall be entitled to a return of the Developer Deposit.

D. Termination by City Prior to Conveyance of the Property. In the event that prior to conveyance of the Property City is not in Default under this Agreement and: ( 1) Developer ( or any successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the Prope11y in violation of this Agreement; or (2) one or more of the City Conditions of Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by City; or (3) Developer is otherwise in default of this Agreement and fails to cure such default within the time set forth in Section 3A hereof; then this Agreement and any rights of Developer or any assignee or transferee with respect to or arising out of the Agreement or the Property, shall, at the option of City, be terminated by City by written Notice thereof to 1 Q
Developer. From the date of the Notice of termination of this Agreement by City to Developer and thereafter this Agreement shall be deemed terminated and there shall be no further rights or obligations between the parties. Under these circumstances, City shall be entitled to keep the Developer Deposit plus any accrued interest.

E. Reentry and Revesting of Title in the City for Failure to Timely Commence and Complete Developer Improvements, Begin Operation of Conforming Business Activities, or for an Unlawful Transfer.
(1) After Closing and Prior to Completion of the Developer Improvements or Opening of Conforming Business Activities. City has the right, at its election, to reenter and take possession of the Property transferred to Developer by Grant Deed pursuant to this Agreement, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing Developer (or its successors in interest) shall:
(a) Fail to obtain Construction Financing within the time required in this Agreement or fail to provide evidence satisfactory to City of Construction Financing within the time required in this Agreement.
(b) Fail to start construction of the Developer Improvements as required by this Agreement for a period of thirty (30) days after written notice thereof from City; or (c) Abandon or substantially suspend construction of the Developer Improvements required by this Agreement for a period of thirty (30) days after written notice thereof from the City, unless such abandonment or suspension is not caused by Developer's acts or omissions or as provided for in Section 4B; or
( d) Fail to complete the Developer Improvements within the time limits set fo11h in the Schedule of Performance; or
( e) Fail to open Conforming Business Activities within the time limits set forth in the Schedule of Performance; or
(f) Contrary to the provisions of Section 4C, Transfer or suffer any involuntary Transfer in violation of this Agreement.
(2) Conditions of Reentry and Revesting Rights. City's right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit:
(a) Any mortgage or deed of trust permitted by this Agreement; or (b) Any rights or interests provided in this Agreement for the protection of the holders of such mortgages or deeds of trust.
10 City shall not unreasonably refuse any request to subordinate its right of reentry to a Cityapproved construction lender's mortgage or deed of trust securing a loan of funds for financing construction of the Developer Improvements.

The Grant Deed shall contain appropriate reference and provision to give effect to City's right as set forth in this Section 3E, to reenter and take possession of the Property, with all improvements thereon, and to terminate and revest in City the estate conveyed to Developer.

Upon the revesting in City of title to the Property transferred to Developer by Grant Deed as provided in this Section 3E, City shall have the sole and absolute discretion with respect to the Property, including without limitation retaining the Property for City or other public use, or disposing of the Property in its sole and absolute discretion. If City decides to sell the Property City will use reasonable efforts to resell the Property as soon and in such manner as the City may find feasible to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City and in accordance with the uses specified for the Property. Upon such resale of the Property, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Prope11y, which is permitted by this Agreement, may be applied:
( c) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incurred by City, including, but not limited to, reasonable City staff costs and any expenditures by City in connection with the recapture, management and resale of the Property or any part thereof (but less any income derived by City from the Property or any part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Property or any part thereof which Developer has not paid ( or, in the event that Property is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Prope11y or part thereof at the time or revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Property; and any amounts otherwise owing City; and in the event additional proceeds are thereafter available, then ( d) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of the costs incutTed for the acquisition and development of the Prope11y transfened to Developer by Grant Deed and for the Developer Improvements existing on such the Property at the time of the reentry and possession, less any gains or income withdrawn or made by Developer from the Property transferred to Developer by Grant Deed or the Developer Improvements thereon.

Any balance remaining after such reimbursements shall be retained by City as its property.

The rights established in this Section 3E are not intended to be exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Property to the Developer for redevelopment purposes, particularly for development and operation of commercial facilities, and not for speculation. (3) Perfecting Reversionary Interest. City may perfect its revisionary interest by recording a Notice of Reversionary Interest in substantially the form set forth in Attachment No.

5. F. Option to Purchase Property After Completion of Developer Improvements and Operation of Conforming Business Activities. If Developer ceases to operate conforming Business Activities in accordance with Section 2E(2), City shall have the "Option" to purchase the Property, and all improvements thereon.
(1) Exercise of Option. City may exercise this Option by delivering written notice of the exercise ("Exercise Notice") to Developer before the expiration of the ten (10) year Conforming Business Activity provision ("Option Term"). Upon exercise of the Option, the price to acquire the Property shall be the Purchase Price paid by Developer for the Property, plus the Developer's costs to construct the Developer Improvements, not to exceed the "Fair Market Value" of the Prope11y ("Acquisition Cost").
(a) "Fair Market Value" of the Property shall be established by an MAI appraiser. City and Developer shall each select an MAI appraiser to prepare an appraisal at their own cost. The Fair Market Value for purposes of this section shall be the average of the two appraisals.

Developer may forego obtaining an appraisal, in which case the Fair Market Value shall be established by City's appraisal.
(b) Developer's costs to construct the Developer Improvements shall be established by written receipts, and Developer shall be solely responsible for furnishing appropriate documentation to the satisfaction of the City.
( c) The principal balance of any mortgage, deed of trust, security instrument, or similar lien remaining on the Property at the close of escrow shall be deducted from the Acquisition Cost. (d) City and Developer may agree to an alternative method of determining the Acquisition Cost, or any portion thereof.
(2) Execution of Purchase Agreement. After receipt of the Exercise Notice for purchase of the Property, Developer and City shall promptly prepare and execute a purchase and sale agreement ("Purchase Agreement"). The Purchase Agreement shall be on a customary commercial form used where public agencies acquire property, or otherwise in a form acceptable to Developer and City. City and Developer shall open escrow for the Property acquisition within thirty (30) days of the Exercise Notice.

G. Right of First Refusal. For a period of Fifty (50) years from the Effective Date of this Agreement, City shall have a "Right of First Refusal" to acquire the Property, including any improvements located thereon, at a Fair Market Value as described in Section 3F( 1 )(a). This / 1
Right of First Refusal shall apply to a proposed purchase or a single term lease in excess of ten (10) years that is not otherwise prohibited by this Agreement. (I) Notification to City. Upon Developer's receipt of a bona fide offer to purchase or lease the Property and/or Building for a single period in excess of Ten (10) years ("Offer") from a party who is not affiliated with Developer ("Third Pa11y"), which Offer Developer is willing to accept, Developer shall give notice to City ("Notice") that Developer intends to accept the Offer, and concurrently therewith provide City with a copy of the Offer. (2) Election of Right of First Refusal. If City elects to exercise its Right of First Refusal, it shall do so by delivering to Developer written notice of its election ("Election") to purchase or lease the Prope11y on terms and conditions substantially the same (identical as to purchase price or lease price) set forth in the Offer, within thirty (30) days after the receipt of the Notice.

If City does not so notify Developer within said 120 days, City shall be deemed to have rejected the Offer and Developer may proceed to sell or lease the Property (free and clear of this Right of First Refusal) to the Third Party on the terms and conditions set forth in the Offer, or on terms which are better for Developer, but not worse for Developer. (3) Execution of Purchase Agreement. If City elects to exercises its Right of First Refusal, Developer and City shall promptly prepare and execute a purchase and sale or lease agreement ("Purchase Agreement"). The Purchase Agreement shall be on a customary commercial form used where public agencies acquire property, or otherwise in a form acceptable to Developer and City. City and Developer shall open escrow for the Property acquisition within Thirty (30) days of the Election.
(4) Continuation of Right of First Refusal. Upon the consummation of such purchase and sale or lease to the Third Party, this Right of First Refusal shall automatically and without further notice terminate. If, however, Developer does not consummate a sale or lease to the Third Party as aforesaid, this Right of First Refusal shall not terminate, but shall be revived and continue for the then remaining balance of term of this Right of First Refusal.

4. GENERAL PROVISIONS
A. Notices, Demands and Communications Between the Pai1ies. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the pa11y to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To City: City Manager
City of Fowler
128 South 5th Street
Fowler, California 93625
n
To Developer: Abdallah Qawadri
8188 North Chance A venue
Fresno, CA 93720
with a copy to:

David L. Emerzian, Esq.
7647 N. Fresno St.

Fresno, CA 93720
Any written notice, demand or communication shall be deemed received: immediately if delivered by hand; 24 hours after delivery to a receipted, overnight delivery service such as Federal Express; 24 hours after delivery be e-mail with an acknowledgement of receipt by the intended recipient; and on the fourth ( 4th) day from the date it is postmarked if delivered by registered or certified mail.

B. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; governmental restrictions or priority; litigation; acts or omissions of the other party; or acts or failures to act of City or any other public or governmental agency or entity ( other than the acts or failures to act of City which shall not excuse performance by City, but where any unreasonable delay by City on an action required by this Agreement shall toll the timeframes for an amount of time equal to such unreasonable delays).

Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer.

Notwithstanding any provision of this Agreement to the contrary, the lack of funding to complete the Developer Improvements shall not constitute grounds of enforced delay pursuant to this Section 4B.

C. Transfers of Interest in Property or Agreement.
(1) Prohibition. The qualifications and identity of Developer, as well as Developer's proposal, are of particular concern to City. Therefore, for the period commencing upon the date of this Agreement and until furnishing of the Release of Construction Covenants: (a) no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement; (b) nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Developer Improvements thereon; collectively referred to herein as a "Transfer," without the prior written approval of the City, except as expressly set fo11h herein. 23 (2) Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of a Transfer shall not be required in connection with any of the following:
(a) Any Transfer to an entity or entities in which Developer retains a minimum of fifty-one percent (51 %) of the ownership or beneficial interest and retains management and control of the transferee entity or entities.
(b) Any requested assignment for financing purposes (subject to such financing being considered and approved by City pursuant to Section 2N herein), including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Developer Improvements.

In the event of a Transfer by Developer under subparagraph (a) above not requiring the City's prior approval, Developer nevertheless agrees that at least thirty (30) days prior to such Transfer it shall give written notice to City of such assignment and satisfactory evidence that the assignee has assumed in writing, through an assignment and assumption agreement in a form satisfactory to City's legal counsel, all of the obligations of this Agreement. Such assignment shall not, however, release the assigning Developer from any obligations to City hereunder. (3) City Consideration of Requested Transfer. City agrees that it will not unreasonably withhold approval of a request for approval of a Transfer made pursuant to this Section 4C, provided Developer delivers written Notice to City requesting such approval. Such Notice shall be accompanied by evidence regarding the proposed transferee's development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee or purchaser pursuant to the criteria set fo11h in this Section 4C and as reasonably determined by City. City may, in considering any such request, take into consideration such factors as: (a) the quality of any new and/or replacement operator; (b) the sales tax revenues projected to be received from the Property; (c) the transferee 's past performance as developer and operator of commercial facilities; ( d) the current financial condition of the transferee, and similar factors. City's approval shall be by the City Council. City agrees not to unreasonably withhold its approval of any such requested Transfer, taking into consideration the foregoing factors.

An assignment and assumption agreement in form satisfactory to City's legal counsel shall also be required for all proposed Transfers requiring City approval. Within thirty (30) days after the receipt of Developer's written Notice requesting City approval of a Transfer pursuant to this Section 4C, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further info1mation, if any, City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to City such further information as may be reasonably requested.

D. Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.
24 E. Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of Developer, which approval shall not be unreasonably withheld.

F. Relationship Between City and Developer. It is hereby acknowledged that the relationship between City and Developer is not that of a partnership or joint venture and that City and Developer shall not be deemed or construed for any purpose to be the agent of the other.

Except as expressly provided herein or in the Attachments hereto, City shall not have any rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Developer Improvements.

G. No Third Party Beneficiaries Excepting City. Excepting only City, which shall be deemed to be a third party beneficiary of this Agreement, there shall be no third party beneficiaries of this Agreement.

H. City Approvals and Actions. City shall maintain authority over this Agreement and the authority to implement this Agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, and/or enter into certain amendments of this Agreement on behalf of City so long as such actions do not materially or substantially change the uses or development permitted on the Property, and such approvals, interpretations, waivers and/or amendments may include extensions ohime to perform as specified in the Schedule of Performance. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council.

I. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. This Agreement shall be executed in three (3) originals, each of which is deemed to be an original.

J. Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each pa11y is entering this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. This Agreement includes Attachment Nos. 1 through 5, which are incorporated herein.

K. Real Estate Brokerage Commission. City and Developer each represent and warrant to the other that no broker or finder is entitled to any commission or finder's fee in connection with Developer's acquisition of the Property from the City. The parties agree to defend and hold harmless the other party from any claim to any such commission or fee from any other broker, agent or finder with respect to this Agreement which is payable by such party.

L. Interpretation. As used in this Agreement, the word "including" shall be construed as if followed by the words "without limitation." This Agreement has been prepared with input from both parties, and shall be interpreted as though prepared jointly by both parties.

M. No Waiver. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

Nor shall a waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.

N. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

0. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

P. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set fo11h in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

Q. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.

R. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either pa11y of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

S. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
?f.

T. Non-Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.

U. Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees.

V. Precedence of Documents. If there is any conflict between this Agreement and any supplemental escrow instructions, the order of precedence for resolving conflicts shall be as follows: first this Agreement, second the supplemental escrow instructions.

Signatures on Next Page
27 IN WITNESS WHEREOF, City and Developer have executed this Disposition and Development Agreement as of the date set forth above.

ABDALLAH QA W ADRI, as assignor
Aft/~
Abdallah Qawadri
Date: _ 3~/_\_\~/_Z_1-- _

QAWADRI, LLC
Abdallah Qawadri, Member/Manager
Date: -------'S"--'/_\ \-+-/_z---'z=-. _
ATTEST:

APPROVED AS TO FORM:

LOZANO SMITH
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Scott Cross, City Attorney
Date: '3 /z 7 /4 2.... - -~- ~-- --
28 .J:\wdocs\00250\256\AGD0088893 I .DOC
29 ATTACHMENT NO. 1

LEGAL DESCRIPTION AND DEPICTION
OF ASSESSOR'S PARCEL NUMBERS 343-233-02ST and
343-233-03ST

LEGAL DESCRJPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITU A TED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS p
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ATTACHMENT NO. 2

FORM OF GRANT DEED
Recorded By and For the Benefit of,
And When Recorded Return to:

Abdallah Qawadri
8188 North Chance A venue
Fresno, CA 93 720

GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, The City of Fowler, a California municipal corporation ("City"), hereby grants to Qawadri, LLC ("Developer"), the real property hereinafter refened to as the "Property," described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described therein. 1 . Conveyance in Accordance Disposition and Development Agreement. The Property is conveyed in accordance with and subject to a Disposition and Development Agreement entered into between City and Developer's predecessor in interest Abdallah Qawadri, dated October _, 2021 ("DDA"), a copy of which is on file with City at its offices as a public record and which is incorporated herein by reference. The DDA generally requires the Developer to construct certain improvements ("Developer Improvements") and other requirements as set fo1ih therein. All terms used herein shall have the same meaning as those used in the DDA.

2. Permitted Uses. Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property or any pati thereof, that upon the date of this Grant Deed and during construction through completion of development and thereafter, Developer shall devote the Property to the uses specified in this Grant Deed for the periods of time specified therein. All uses conducted on the Property, including, without limitation, all activities undertaken by Developer pursuant to the DDA, shall conform to the DDA and all applicable provisions of the City of Fowler Municipal Code. The foregoing covenants shall run with the land.
,.,
.) . Restrictions on Transfer and Encumbrances. Developer further agrees as follows:

A. For the period commencing upon the date of this Grant Deed and until the furnishing of the Release of Construction Covenants for the Developer Improvements, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under the DOA or this Grant Deed, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Developer Improvements thereon, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the facilities being operated upon the Property, without the prior written approval of the City pursuant to Section 4C of the DOA.

B. Except as approved in writing by City, Developer shall not place or suffer to be placed on the Property any lien or encumbrance, including but not limited to, mortgages, deeds of trust, or any other form of conveyance required for financing of the construction of the Developer Improvements on the Property and any other expenditures necessary and appropriate to develop the Property pursuant to the DOA, except as provided in Section 2N of the DOA.

C. All of the terms, covenants and conditions of this Grant Deed shall be binding upon Developer and the permitted successors and assigns of the Developer. Whenever the term "Developer" is used in this Grant Deed, such term shall include any other successors and assigns as herein provided.

4. Nondiscrimination. Developer herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any protected class under California State or federal law in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall Developer itself or any person claiming under or through Developer, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.

5. City Right of Reentry. City has the right, at its election, to reenter and take possession of the Property, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing Developer ( or its successors in interest) shall:

A. Fail to start the construction of the Developer Improvements as required by the DOA for a period of thirty (30) days after written notice thereof from City; or B. Abandon or substantially suspend construction of the Developer Improvements required by the DOA for a period of thirty (30) days after written notice thereof from the City, unless such abandonment or suspension is not caused by Developer's acts or omissions or as provided for in Section 4B of the DOA; or
C. Fail to complete the Developer Improvements within the time limits set forth in the ODA; or
D. Fail to open Conforming Business Activities within the time limits set forth in the DOA; or
E. Contrary to the provisions of Section 4C of the DOA, Transfer or suffer any involuntary Transfer in violation of the ODA.
2 The City's right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit:
(1) Any mortgage or deed of trust permitted by the DDA; or (2) Any rights or interests provided in the DDA for the protection of the holders of such mortgages or deeds of trust.

City shall not unreasonably refuse any request to subordinate its right of reentry to a Cityapproved construction lender's mortgage or deed of trust securing a loan of funds for financing construction of the Developer Improvements in accordance with Section 2M of the DOA.

Upon the revesting in City of title to the Property as provided in this Section, City shall use its reasonable efforts to resell the Property as soon and in such manner as City shall find feasible to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City and in accordance with the uses specified for the Property. Upon such resale of the Property, the net proceeds thereof after repayment of any m011gage or deed of trust encumbering the Property, which is permitted by this Agreement, shall be applied:
(1) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incu1Ted by City, exdu<ling City staff costs, but specifically, including, but not limited to, any expenditures by the City in connection with the recapture, management and resale of the Property or part thereof (but less any income derived by City from the Property or pai1 thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Property or pat1 thereof which Developer has not paid ( or, in the event that the Property is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time or revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Property; and any amounts otherwise owing City; and in the event additional proceeds are thereafter available, then (2) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of the costs incu1Ted for the acquisition and development of the Property and for the Developer Improvements existing on the Property at the time of the reentry and possession, less any gains or income withdrawn or made by Developer from the Property or the Developer Improvements thereon.

Any balance remaining after such reimbursements shall be retained by City as its property. The rights established in this Section are not intended to be exclusive of any other 3 right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Property to Developer for redevelopment purposes, particularly for development and operation of commercial uses, and not for speculation.

6. Violations Do Not Impair Liens. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest permitted by Section 3 of this Grant Deed; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

7. Covenants Run With Land. All covenants contained in this Grant Deed shall be covenants running with the land. All of Developer's obligations hereunder except as provided hereunder shall terminate and shall become null and void upon completion of the Developer Improvements and the opening of Conforming Business Activities. Every covenant contained in this Grant Deed against discrimination contained in Section 4 of this Grant Deed shall remain in effect in perpetuity.

8. Covenants For Benefit of City. All covenants without regard to technical classification or designation shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.

9. Revisions to Grant Deed. Both City, its successors and assigns, and Developer and the successors and assigns of Developer in and to all or any part of the fee title to the Property, shall have the right with the mutual consent of City and Developer to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements or restrictions contained in this Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. However, Developer and City are obligated to give written notice to and obtain the consent of any first mortgagee prior to consent or agreement between the pai1ies concerning such changes to this Grant Deed. The covenants contained in this Grant Deed, without regard to technical classification, shall not benefit or be enforceable by any third party not a party to the DDA.
-Signatures on Next Page -
4 QAWADRI, LLC
Abd~nager
Date:

CITY OF FOWLER
ATTEST:

Jerk
APPROVED AS TO FORM:

LOZANO SMITH
Date: 3 /2-1 /2 'L - ---'---- - - -
s
Exhibit A

LEGAL DESCRJPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH
THE LAND REFERRED TO HERfN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS ATTACHMENT NO. 3

SCHEDULE OF PERFORMANCE
NORTHWEST CORNER OF SOUTH 7th STREET & VINE

STREET PROPERTY

1. Execution of Agreement by City. Within five (5) days after City Council The City shall execute this Agreement if approval, the City shall deliver two (2) approved by City Council. executed copies of this Agreement to the Developer who shall execute and return to the
City within five (5) days.

2. Opening of Escrow. Within ten (10) days after City's receipt of City shall open Escrow with Escrow Agent. fully executed Agreement.

3. Evidence of the Obtainment of Prior to Closing.

Construction Financing.

Developer submits evidence of Construction
Financing as required by Section 2N.

4. Submission of Development Plans. Within (90) days of Land Use Approvals.

Developer submits Design Drawings, Site
Plan, and Construction Plans to City's
Community Development Director.

5. City Approval or Disapproval of Within sixty (60) days after submittal.

Development Plans.

City's Community Development Director
shall review the Design Drawings, Site Plan,
and Construction Plans, and approve or
disapprove same.

6. Revisions to Development Plans. Within thirty (30) days after receipt of City Developer shall prepare revised Development comments.

Plans and resubmit them to the Community
Development Director for review.

7. Final Review of Development Plans. Within thirty (30) days after submittal by the The Community Development Director shall Developer.
approve or disapprove the revisions submitted
by Developer provided that the revisions
necessary to accommodate the Director's
comments have been made.

8. Land Use Approvals. Land use entitlement submittal shall occur not Developer shall obtain any required later than thirty days (30) from the date of this discretionary land use entitlements for the agreement and must be fully approved by the Developer Improvements as required by City prior to close of escrow.

Section 2D.

9. Conditions of Closing. Not later than one year from the date of this Developer and City shall satisfy all their agreement.
respective Conditions of Closing.

10. Close of Escrow for Conveyance of the Not later than one year from the date of this Property. agreement.

City shall convey the Property to Developer.

11. Construction Permits. Not later than thirty (30) days after Closing.

Developer shall obtain all construction and
any other permits ("Building Pe1mits")
necessary to commence construction of the
Developer Improvements as set forth in
Section 20.

12. Insurance Certificate. Prior to the commencement of construction.

Developer shall provide proof of insurance as
required by Section 20.

13. Commencement of Construction. Within thirty (30) days after issuance of the Developer shall commence construction of the first building permit.

Developer Improvements.

14. Completion of Construction. Within twelve (I 2) months after issuance of Developer shall complete construction of the the first building permit.

Developer Improvements.

15. Opening of Developer Improvements Within thirty (30) days after issuance of a for Business. certificate of occupancy.
"Conforming Business Activities" shall
commence.

17. Right of First Refusal. For a period of fifty (50) years from Effective City shall have a Right of First Refusal to Date of Agreement. acquire the Property as set forth in Section 3G.

18. Release of Construction Covenants. In accordance with the DDA.

City shall record the Release of Construction
Covenants as set forth in Section 2M and
Attachment No. 4.

ATTACHMENT NO. 4

RELEASE OF CONSTRUCTION COVENANTS
Recorded By and For the Benefit of,
And When Recorded Return to:

Qawadri, LLC
8188 North Chance Avenue
Fresno, CA 93 720

RELEASE OF CONSTRUCTION COVENANTS
THIS RELEASE OF CONSTRUCTION COVENANTS ("Release") is made by the City of Fowler, a California municipal corporation ("City"), in favor of Qawadri, LLC ("Developer"), as of the date set forth below.

RECITALS
A. City and Developer predecessor in interest, Abdallah Qawadri, have entered into that certain Disposition and Development Agreement dated October_, 202 1 ("DDA") concerning the development of certain real property situated in the City of Fowler, California as more fully described in Exhibit A attached hereto and made a part hereof.

B. As referenced in Section 2M of the DDA, City is required to furnish Developer or its successors with a Release of Construction Covenants upon completion of construction of the Developer Improvements, which Release is required to be in such form as to permit it to be recorded in the Recorder's office of Fresno County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA for the Developer Improvements.

C. City has conclusively determined that such construction and development of the Developer Improvements has been satisfactorily completed.

NOW, THEREFORE, the City hereby certifies as follows:

1. The Developer Improvements to be constructed by Developer have been fully and satisfactorily completed in conformance with the DDA. Any operating requirements and all use, maintenance or nondiscrimination covenants contained in the DDA and other documents executed and recorded pursuant to the DDA shall remain in effect and enforceable according to their terms.

2. Nothing contained in this Release shall modify in any other way any other provisions of the DDA.

IN WITNESS WHEREOF, the City has executed this Release this _ day of _ __ _ 202
CITY OF FOWLER, a California municipal corporation
By: -
ATTEST:

APPROVED BY DEVELOPER:

QAWADRI, LLC
5 Exhibit A

LEGAL DESCRIPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS 6 ATTACHMENT NO. 5

NOTICE OF REVERSIONARY INTEREST
Recorded By and For the Benefit of,
And When Recorded Return to:

CITY OF FOWLER
128 South 5th Street
Fowler, California 93625
ATTN: City Clerk

RECITALS

NOTICE OF REVERSIONARY INTEREST
APNs 343-233-02ST and 343-233-03ST
WHEREAS, the City of Fowler, a California municipal corporation ("City"), and Qawadri, LLC ("Developer"), entered into that ce11ain Disposition and Development Agreement dated October _ , 2021 ("DDA") concerning the development of certain real property situated in the City of Fowler, County of Fresno, State of California ("Property") as more fully described in Exhibit A attached hereto and made a part hereof; and
WHEREAS, pursuant to Section 2 of the DDA, Developer failed to complete certain Improvements by specified dates or otherwise failed to timely cure a breach of the DDA, and therefore Title to the Property has reverted back to City.

NOW, THEREFORE, City does hereby give notice that Title has reverted to City for the Prope11y and City intends to exercise all rights to the Property. fi.-.
~' ~ IN~ WITNESS WHEREOF, City has duly executed this instrument thi~ day of /~20~
CITYOF~ I\
Exhibit A

LEGAL DESCRIPTION

LEGAL DESCRJPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRJBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRJBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97-1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS

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

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

SUBJECT
ADOPT a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303; and APPROVE agreement with Sunshine Raisin Corporation for the purchase of real property and associated easements for $125,000 for location of Well 7 treatment facilities and authorize the City Manager to execute all necessary documents for the transaction.

RECOMMENDATION
Staff recommend the City Council adopts a Categorical Exemption pursuant to CEQA Guidelines Section 15303 and approve the purchase of approximately 0.74 acres of real property and associated pipeline and access easements from Sunshine Raisin Corporation for the Well 7 water treatment facility purposes and authorize the City Manager to sign the necessary documents for this transaction.

BACKGROUND
On August 15, 2018, the City of Fowler received Compliance Order No. 03_23_18R_026; 1,2,3 Trichloropropane (1,2,3-TCP) Maximum Contaminant Level Violation from the State Water Resources Control Board. The Compliance Order stated that 1,2,3 Trichloropropane levels in Well 7 effluents exceeded the State’s Maximum Contaminant Level (MCL) and mandated that system improvements be made to correct the water quality deficiencies by August 31, 2021.

The City initiated a lawsuit against several companies responsible for the manufacture and distribution of 1,2,3-TCP. The City reached a settlement with the defendants in February 2021, upon which the City received $5,000,000 to be used for the necessary treatment of municipal wells to remove 1,2,3- TCP from the City’s water system. The State Water Resources Control Board granted the City an March 21, 2023
Adopt CEQA NOE and Approve Agreement with Sunshine Raisin

extension to December 31, 2023 to complete the installation of the necessary treatment facilities for Well 7.

The Well 7 site is not large enough to accommodate the facilities required to treat 1,2,3-TCP, which consist of six granular activated carbon vessels. Property near the Well 7 site was desired for the location of the treatment facilities to minimize the related facilities, pipeline, and construction needed to tie into Well 7. City staff and the owner of the real property (Sunshine Raisina Corporation) have negotiated the terms of an agreement for the City to purchase approximately 0.74 acres of property for the location of the treatment facility and also obtain related easements for the underground pipeline and related facilities and access to the treatment site. The purchase price is $125,000.

Sunshine Raisin Corporation owes the City approximately $219,000 in water utility fees for municipal water service, and they desire to sell the real property and easements to the City in return for the $125,000 purchase price being credited as payment towards the unpaid water utility fee balance owed.

The City will appropriately document and perform the necessary intrafund transfer of the $125,000 from the TCP settlement fund to the water enterprise fund when the sale closes escrow.

ENVIRONMENTAL REVIEW
The City, as the Lead Agency under the California Environmental Quality Act (CEQA) determined that the proposed acquisition and project is categorically exempt from CEQA through a Class 03 New Construction of Conversion of Small Structures exemption. (CEQA Guidelines § 15303.) The proposed Notice of Exemption pursuant to CEQA Guidelines Section 15303 is attached.

FISCAL IMPACT
Total purchase cost of $125,000 will be paid from the TCP settlement funds which have been designated for use in providing water system improvements necessary to treat and remediate the water quality deficiencies caused by 1,2,3 TCP.

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

Attachments
- Notice of Exemption from CEQA
- Purchase and Sale Agreement for Well 7 TCP Treatment Facilities - Certificate of Acceptance – Grant Deed
- Certificate of Acceptance – Easement Deed
- Well 7 Acquisition Exhibits

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011

CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(Government Code section 27281)
This is to certify that the interest in real property conveyed by grant deed dated ____________, 2023 from __________________________ to the City of Fowler, a California municipal corporation, is hereby accepted by Wilma Tucker, City Manager, on behalf of the City of Fowler pursuant to the authority conferred upon her by the City Council of the City of Fowler, and the City of Fowler, as grantee, consents to recordation of said grant deed by its duly authorized officer, Wilma Tucker, City Manager.

CITY OF FOWLER
DATED:_____________________
By:__________________________
Wilma Tucker, City Manager

CERTIFICATE OF ACCEPTANCE OF EASEMENT DEED
(Government Code section 27281)
This is to certify that the interest in real property conveyed by easement deed dated ____________, 2023 from __________________________ to the City of Fowler, a California municipal corporation, is hereby accepted by Wilma Tucker, City Manager, on behalf of the City of Fowler pursuant to the authority conferred upon her by the City Council of the City of Fowler, and the City of Fowler, as grantee, consents to recordation of said grant deed by its duly authorized officer, Wilma Tucker, City Manager.

CITY OF FOWLER
DATED:_____________________
By:__________________________
Wilma Tucker, City Manager

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

REPORT TO THE CITY COUNCIL
March 21, 2023
FROM Yvonne Hernandez, Recreation Supervisor

SUBJECT
APPROVE a $2,000 donation request from Worship Centre Youth Group, Rod Haro Jr., for Fiscal Year 2022-23 in return for volunteer clean-up services at the City-Wide Yard Sale event on Saturday, March 25, 2023 & Easter Eggstravaganza event on Saturday April 1, 2023.

RECOMMENDATION
Staff recommend the City Council approve a $2,000 donation to the Worship Centre Youth Group requested for Fiscal Year 2022-23.

BACKGROUND
The Worship Centre Youth Group meets weekly. This is a time where the youth of our community and surrounding area’s receive encouragement and are challenged to make a difference in their community, schools, and homes.

The Youth Group is raising funds for a trip to the So Cal Youth Convention in San Diego on April 28- 30, 2023.

The Worship Centre Youth Group will be performing volunteer clean up at the City-Wide Yard Sale event on Saturday, March 25, 2023 & Easter Eggstravaganza event on Saturday April 1, 2023, for this donation.

Approve a $2,000 donation request from Worship Centre Youth Group March 21, 2023

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

FISCAL IMPACT
The City of Fowler received a $5,000 recycling grant from the California Department of Resources Recycling and Recovery (Cal Recycle) for FY 2022-23, and this donation will be funded from this grant.

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

Attachment
- Funding Request Letter from Pastor Rod Haro

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

REPORT TO THE CITY COUNCIL
March 21, 2023
FROM WILMA TUCKER, City Manager

SUBJECT
APPROVE an agreement with Temple Andersen Moore Architects, LLP in the amount of $82,500 to prepare architectural plans, specifications, and cost estimates for Fire Station Phase II improvements and authorize the City Manager to negotiate the agreement.

RECOMMENDATION
Staff recommend City Council take the above action.

BACKGROUND
The City previously engaged with Freeline Architecture, Inc., the original architect of the Fire Station, to complete this scope of work. Based on the firm’s workload, they were unable to complete their commitment to the City. The City was not charged for the work, and any progress deliverables were provided to the City. Upon learning this, Staff reached out for recommendations of local architectural firms who would be well-suited to continue this project, effectively midstream. Temple Andersen Moore Architects, LLP came highly recommended.

Section 7-I of the City of Fowler Purchasing Policy allows for the City Council to waive a competitive process when “it is in the best interests of the City to shorten the selection process in order to begin work immediately on a City project or retain a vendor or consultant who is already familiar with a City’s project.” Staff recommend this award as the firm is well-qualified to deliver the scope, received positive references, and will help the City avoid additional delays in delivering this project.

Approve an agreement for Fire Station Phase II design
March 21, 2023

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).

At this time, the City Council is not taking any action that would constitute approval of a Project.

FISCAL IMPACT
The approved fiscal year 2022-23 budget includes appropriations from Fire Impact Fees to complete this scope of work.

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

Attachments
- Draft Agreement
- Exhibit A - Scope of Work
021023tg 1

CITY OF FOWLER

CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Contract Services Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Temple Andersen Moore Architects, LLP ("Vendor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on the latest date signed below ("Effective Date").

RECITALS
A. City desires to engage the services of a qualified vendor to Fire Station Phase II design ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Vendor is engaged in the business of providing these Services and hereby warrants and represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.

C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Vendor agree as follows:

AGREEMENT

1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.

2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.

3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on the Effective Date and shall terminate on December 31, 2024, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.

4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement on a fixed fee basis. The total amount paid by City to Vendor pursuant to this Agreement shall not exceed Eighty Two Thousand Five Hundred Dollars ($82,500).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Vendor is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business. Vendor is free from 021023tg 2
the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.

6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.

7. [Reserved]

8. Subcontractor Provisions. Vendor shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Vendor owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Vendor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Vendor is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.

Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.

11. [Reserved]

12. [Reserved]

13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Vendor shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. 021023tg 3

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Vendor, or any successors in interest, in the event of a default or breach by City for any amount which may become due Vendor or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.

18. Insurance. Vendor shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Vendor hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Vendor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Vendor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a business license from City and pay the applicable business license fee to City during the term of this Agreement.
021023tg 4

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Vendor in the County of Fresno, California. Vendor shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor 021023tg 5
shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

Now, therefore, the City and Vendor have executed this Agreement on the date(s) set forth below.

TEMPLE ANDERSEN MOORE ARCHITECTS, LLP CITY OF FOWLER
__________________________
Rod Andreasen, Architect/AIA Wilma Tucker
Partner City Manager
Date: Date:
6781 North Palm Avenue, Suite 120 128 South 5th Street
Fresno, CA 93704 Fowler, CA 93625
(559) 465-4750 (559) 834-3113
021023tg 6

EXHIBIT A

SCOPE OF SERVICES
021023tg 7

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.

a. Minimum Limits of Insurance. Vendor shall maintain the following types of insurance with limits no less than specified:
(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Vendor maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Services performed pursuant to this Agreement, the Vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it. 021023tg 8
(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Vendor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Vendor to City under this Agreement. 021023tg 9

EXHIBIT C

CERTIFICATE OF INSURANCE
1 TEMPLE • ANDERSEN • MOORE ARCHITECTS
6781 N. Palm Ave., Suite 120 Fresno, CA 93704 / 559.465.4750. / tamarchitects.com March 15, 2023 TAM Project #23XX-C
23XXC-letter of proposal.doc

LETTER OF PROPOSAL AND AGREEMENT

CITY OF FOWLER

FOWLER FIRE STATION REMODEL
TO: City of Fowler –Community & Economic Department
Attention: Thomas W. Gaffery IV

FROM: Rod Andreasen, Architect/AIA
Partner
This Proposal is made pursuant to discussions with the City of Fowler, and shall become the Agreement to provide the services described in part A, when an executed copy is returned to Temple Andersen Moore Architects, LLP (Architect).

DESCRIPTION OF PROJECT
At the existing City of Fowler Fire Station No. 1, add a self-supporting second floor in the existing building shell to house sleeping quarters, showers/bathroom, locker room, stairway and elevator. Add other operational modifications such as an integrated exhaust system and exterior stair.

The project is located at Fire Station No. 1, 127 South 6th Street Fowler California.

DESCRIPTION OF ARCHITECTURAL/ENGINEERING SERVICES
A. SCOPE OF SERVICES:

1. Phases of A/E Work:
a. Construction Documents: Prepare detailed drawings and related specifications for agency plan check. Follow thru to secure City approvals and building permit.
b. Construction Phase: A/E to be available to coordinate, clarify documents, resolve construction problems,

2. Coordination of Design Work: Architect to continuously coordinate and cooperate thru the Design Phases.

3. TAM to provide the following design team required to render services on the project:
a. TAM Principal-in-Charge: Rod Andreasen, Architect/AIA TAM Project Manager: Fernando Martinez, Associate
2 TEMPLE • ANDERSEN • MOORE ARCHITECTS
6781 N. Palm Ave., Suite 120 Fresno, CA 93704 / 559.465.4750. / tamarchitects.com b. Structural: Parrish Hansen Structural Engineers
c. Electrical: REFIK Electrical Engineers
d. Mechanical: Net Positive Consulting Engineers
e. Civil: (Not a Part of this Proposal)
f. Other special consultants may be needed; if so, TAM will provide a fee proposal for Client authorization.

B COMPENSATION:

1. The herein agreed basic architectural services shall be compensated on a Fixed Fee Basis with an estimated total in the amount of Eighty Two Thousand Five Hundred and 00/100 Dollars ($82,500.00), for phases through City approval. Bidding and Construction Services to be on an hourly basis per attached Hourly Rate Schedule.

2. The following shall qualify for reimbursement to the Architect at actual cost plus 15%:
a. Additional scope of work for consultant services approved by the City.
b. Reproduction of documents for Owner, Consultants and Contractor review, and for plan check and construction. c. Fees advanced by TAM to governmental agencies for plan check or other purposes.
d. Out-of-town travel expenses including mileage, meals and accommodations.
e. Next day air packages.
f. Special Consultant’s fees authorized by City of Fowler.

3. Any Scope of Services not listed as Basic Services,
specifically identified as Additional Services shall be compensated per TAM 2023 Hourly Rate Schedule (attached) or a negotiated Fixed Fee.

4. Architect to be paid on a monthly basis, upon submission of billings.

5. Any work deviating from the “Included Work" (Scope of Work)” as outlined above will be considered additional services. A written agreement by both parties and modification to the contract will be required prior to proceeding with any additional services.

3 TEMPLE • ANDERSEN • MOORE ARCHITECTS
6781 N. Palm Ave., Suite 120 Fresno, CA 93704 / 559.465.4750. / tamarchitects.com

C. TO BE PROVIDED BY OWNER:

1. Project Inspection

2. Laboratory testing and inspection.

3. All governmental agency fees.

4. Project direction via an authorized City of Fowler representative.

D. MISCELLANEOUS:

1. Schedule: as mutually agreed by the Parties.

2. Initiation of A/E Services: Upon authorization by Owner.

3. Architect to maintain $1 million coverage for Professional Liability Insurance, and engineering consultants to likewise maintain such insurance.

E. TERMINATION OF SERVICES:

This agreement may be terminated by the Client or the Firm should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the Firm for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.

Proposal By: Authorized By:

Temple Andersen Moore Architects, LLP City of Fowler
By: By:

Rod Andreasen, Architect/AIA
California Architect License #C-25141
Title: Partner Title:

Date: March 15, 2023 Date:

J:\TAMPROJ\2023City of Fowler Fire Station\1-Preliminary_Design\Contracts&Proposals\23XX-Fire Station
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/14/2022
License # 0E02096
31534
Temple-Andersen-Moore Architects, LLP & TAM + CZ
Architects, Inc.
6781 N. Palm Avenue, Suite #120
Fresno, CA 93704
27120
22292
A 1,000,000
OBF9250930 9/1/2022 9/1/2023 300,000
5,000
1,000,000
2,000,000
2,000,000
HIRED AND NONOW Included
A 1,000,000
OBF9250930 9/1/2022 9/1/2023
1,000,000
B
51WECAB2EML 9/1/2022 9/1/2023 1,000,000
1,000,000
1,000,000
C Professional Liabili LHFD07058406 10/16/2022 Each Claim 2,000,000 C Professional Liabili LHFD07058406 10/16/2022 10/16/2023 Aggregate 3,000,000 Professional Liability Deductible Each Claim $10,000
Retroactive Date: Full Prior Acts
For Informational Purposes Only
For Informational Purposes Only
Temple-Andersen-Moore Architects, LLP
6781 N. Palm Avenue, Suite #120
Fresno, CA 93704
TAMCZLL-01 CSALMON
DiBuduo & DeFendis Insurance Brokers, LLC
P.O. Box 5479
Fresno, CA 93755-5479
Cynthia Salmon
[email protected]
Citizens Insurance Company of America
Trumbull Insurance Company
Hanover Insurance Company
Aggregate
10/16/2023
X
X
X X
X X
1 TEMPLE • ANDERSEN • MOORE ARCHITECTS
6781 N. Palm Ave., Suite 120 Fresno, CA 93704 / 559.435.4750. / tamarchitects.com 2023 TAM

HOURLY RATE SCHEDULE

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

REPORT TO THE CITY COUNCIL
March 21, 2023
FROM WILMA TUCKER, City Manager

SUBJECT
APPROVE Position Authorization Resolution No. 2629 converting Deputy City Clerk to City Clerk

RECOMMENDATION
Staff recommend the City Council take the above action.

BACKGROUND
The current Deputy City Clerk will become a Certified Professional Municipal Clerk in March of 2023.

The duties the Deputy City Clerk has been performing best align with the City Clerk classification, such as administering local election procedures including assisting candidates and certifying election results; administering the oath of office to all City elected officials, commissioners and employees; overseeing the maintenance of official City documents, records, ordinances, and resolutions; receiving and opening formal bids for the City; and maintaining all records related to the City’s risk management authority including processing and receiving the City’s claims.

With Council approval the conversion of the Deputy City Clerk to Clerk will be effective on April 1, 2023, with placement at Step C on the salary schedule.

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

Approve Position Authorization Resolution No. 2629
March 21, 2023

FISCAL IMPACT
The additional monthly cost for salary and car allowance for this position will be offset by the savings in overtime and compensatory time off earned by the Deputy City Clerk. It is anticipated the fiscal impact would be approximately $228 additional per month and will be absorbed in fiscal year 2023 budget.

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

Attachments
- Position Authorization Resolution No. 2629
- Exhibit A: Position Authorization Resolution
RESOLUTION NO. 2629

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AMENDING THE NUMBER OF FULL-TIME POSITIONS AUTHORIZED IN THE CITY FOR FISCAL YEAR 2022/2023
WHEREAS, the City Council previously approved a Position Authorization Resolution approving the authorized number of full-time positions in which persons may be employed by the City during Fiscal Year 2022/2023, and the number of employees in full-time positions shall not exceed the total number of authorized positions; and
WHEREAS, as a result of the promotion of the Deputy City Clerk to City Clerk, effective April 1, 2023, an amendment to the previously approved total number of employees employed in full-time positions authorized in the City is required by resolution of the Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the number of full-time positions in which persons may be employed by the City during Fiscal Year 2022/2023 is hereby amended as set forth in Attachment A to this Resolution.

PASSED, APPROVED AND ADOPTED this 21st day of March 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
Classification FTE Primary Dept
City Manager 1.0 Administration
City Clerk 0 1.0 Clerk
Deputy City Clerk/Human Resource Officer 1 0 Clerk
Finance Director 1.0 Finance
Accounting Asssistant 1.0 Finance
Administrative Assistant 2.0 Finance
Accountant 1.0 Finance
Permit Technician 1.0 Comm Dev
Planning & Code Enforcement Technician 1 1.0 Comm Dev
Records and Property Technician I 1.0 Police
Community and Economic Development Director 1.0 Comm Dev Building Official 1.0 Comm Dev
Police Chief 1.0 Police
Police Lieutenant 1.0 Police
Police Sergeant 2.0 Police
Police Corporal 2.0 Police
Police Officer 6.0 Police
Public Works Director 1.0 PW
Public Works Supervisor 1.0 PW
Maintenance Assistant 3.0 PW
Maintenance Worker 2.0 PW
Senior Maintenance Worker 1.0 PW
Water Operator 1.0 PW
Water Operator I 1.0 PW
Water Operator II 1.0 PW
Recreation and Senior Center Supervisor 1.0 Senior/Recreation *Full time positions

36.0 City of Fowler
Position Authorization Resolution*
Exhibit A

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

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

SUBJECT
Actions Pertaining to Planning Case Number 22-04, a text amendment to amend Section 9-5.21.05 of Article 21, of Chapter 5, of Title 9 of the Fowler Municipal Code to modify accessory building development standards.

1. ADOPT a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061, subdivision (b)(3).

2. INTRODUCTION of Ordinance No. 2023-04, a text amendment modifying Section 9-5.21.05, of Article 21, Section 12, Chapter 5, of Title 9 of the Fowler Municipal Code, to amend the City’s accessory building development standards.

RECOMMENDATION
City Staff and the Planning Commission recommend the City Council adopt a Categorical Exemption pursuant to CEQA Guidelines Section 15061, subdivision (b)(3), and approve the proposed Ordinance amending Section 9-5.21.05 of Article 21, of Chapter 5, of Title 9 of the Fowler Municipal Code, to amend the City’s accessory building development standards.

BACKGROUND
Last year, the City Council adopted Ordinance No. 2021-06, which modified development standards for accessory buildings. These standards required accessory structures, detached or attached, to maintain architectural consistency with the main dwelling. As a result of this adoption, several accessory structures have been approved consistent with these standards. These standards however have proved to be difficult for attached structures, specifically patio covers, to comply. Figure 1 below shows Actions Pertaining to Planning Case Number 22-04
March 21, 2023

two examples of currently-compliant building-attached patio covers. Near-flat patio covers usually require much less material, and therefore much less cost, to construct.

Figure 1. Two currently-compliant examples of building-attached patio covers The proposed text amendment would limit the currently-adopted aesthetic requirements, those being consistent roof material and pitch for attached accessory structures that are visible from the front property line. The table below shows what types of accessory structures would continue to be, or no longer be subject to current regulations.

Subject to Material and Pitch Standards Not Subject to Material and Pitch Standards • Detached accessory structures
• Attached accessory structures mounted
on front or side of the house (i.e. porches,
RV covers) visible from the front lot line
• Attached accessory structures mounted
behind the house, even if visible from a
side or rear street (patio covers, lean-to
sheds)
This change would allow for near-flat patio covers that are generally attached to the fascia or top plate of single-story homes or the wall face of two-story homes. Currently, building-attached patio covers are only allowed if they maintain the same roof material and pitch as the main building.

The proposed text amendment would align with the following General Plan policies of Goal 2-5 which provides that new development is to reflect high levels of community design and image:
• Policy 1: Ensure that all development is attractive and of high-quality design to enhance the image of the city.
• Policy 3: Encourage innovative site planning and housing design for new residential development.

On February 2, 2023, the proposed text amendment was presented to the Planning Commission. The Planning Commission adopted Resolution No. 682, which recommended that the City Council adopt the proposed text amendment modifying the design standards of attached accessory structures, and to adopt an exemption to CEQA pursuant to CEQA Guidelines section 15601, subdivision (b)(3).

ENVIRONMENTAL FINDINGS
The proposed zoning text amendment has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061, subdivision (b)(3) Actions Pertaining to Planning Case Number 22-04
March 21, 2023

(Common Sense Exception). The zoning text amendment relating to accessory structures will not cause a significant effect to the environment, and therefore is not subject to CEQA.

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

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

Attachment:
- Ordinance No. 2023-04

ORDINANCE 2023-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTION 9-5.21.05, OF ARTICLE 21, OF CHAPTER 5, OF TITLE 9 OF THE FOWLER

MUNICIPAL CODE, TO MODIFY ACCESSORY BUILDING DEVELOPMENT

STANDARDS, AND TO ADOPT AN EXEMPTION UNDER CEQA GUIDELINES SECTION 15061, SUBDIVISION (B)(3).

WHEREAS, on February 3, 2009, the City Council of the City of Fowler voted to adopt Ordinance Bill No. 2009-01, amending Chapter 5, of Title 9 of the Fowler Municipal Code, which was a comprehensive update to the City’s Zoning Ordinance and is referred to as the City’s “Zoning Ordinance”; and
WHEREAS, the Planning Commission adopted Resolution No. 682, on February 2, 2023, recommending that the City Council adopt an ordinance to amend Section 9-5.21.05 of Article 21 of Chapter 5 of Title 9 of the Fowler Municipal Code, and to adopt an exemption from CEQA pursuant to CEQA Guidelines section 15061, subdivision (b)(3); and WHEREAS, the City Council desires to revise Section 9-5.21.05 of Article 21 of Chapter 5 of Title 9 of the Fowler Municipal Code to ensure aesthetically pleasing and affordable patio covers.

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

SECTION 1: Subsection D, of Section 9-5.21.05, of Article 21, of Chapter 5, of Title 9 of the Fowler Municipal Code is amended to read as follows:

D. Attached Structures. Accessory structures constructed less than six (6) feet from the main structure shall:

1. Be compatible with and made structurally a part of the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached via a breezeway to the main structure).

2. Comply with the requirements applicable to the main structure, including coverage, height, and setbacks.

3. The roof shall be the same material and pitch as the main structure.

4. Be compatible with the materials, texture, finish and colors of the main structure.

5. [Accessory structures physically attached to the main structure and not visible from the front lot line shall be exempt from subsections 3 and 4.]

SECTION 2. The City Council has determined that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061, subdivision (b)(3) (Common Sense Exception).

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

SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney. * * * * * * * * * *
The foregoing ordinance was introduced at a regular meeting of the City Council held on ____________________, 2023, and was adopted at a regular meeting of said Council held on ____________________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

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

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

SUBJECT
Actions pertaining to a proposed Revised Tentative Subdivision Map No. 6381 and an ordinance to adopt an amended zoning map of APN: 340-130-14 from the R-1-10 (One Family Residential – 10,000 square foot minimum lot size) zone district to the R-1-7 (One Family Residential – 7,000 square foot minimum lot size) zone district.

1. APPROVE Resolution No. 2630 adopting an Addendum to a Mitigated Negative Declaration pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164; and

2. INTRODUCE Ordinance No. 2023-05 amending the zoning map of APN: 340-130-14 from the R-1-10 (One Family Residential – 10,000 square foot minimum lot size) zone district to the R-1-7 (One Family Residential – 7,000 square foot minimum lot size) zone district.

3. APPROVE Resolution No. 2631 approving the revision to Tentative Subdivision Map No. 6381.

RECOMMENDATION
Planning Commission recommended denial of the project due to “traffic and safety”, without elaboration. As these findings did not consider the preponderance of evidence presented to the Commission, Staff recommend the City Council adopt Resolution Nos. 2630 and 2631, and Ordinance No. 2023-05.

BACKGROUND
In January 2022, the City Council approved Tentative Subdivision Map No. 6381 which proposed to subdivide the land on the east side of South Armstrong Avenue between East Adams and East Hogan Avenues (APN 340-130-14) into 74 single-family residential lots on 29.04 acres at the R-1-10 development standard. Applicant has not recorded a Final Subdivision Map and instead has submitted an application for a revised Tentative Subdivision Map.

Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

On February 2, 2023, this matter came before the Planning Commission for its recommendation to the City Council for approval of the Project. The public hearing on this matter resulted in several members of the public voicing concerns relating to increased traffic negatively impacting public safety near the elementary school, adequacy of the City’s water system to support the increased number of units, and the impacts to the elementary school as a result of the potential increase in the number of students it would need to serve. Following the public hearing, the Planning Commission recommended denial of the revised tentative map and rezone, citing traffic and public safety concerns.

Revised Tentative Subdivision Map No. 6381
Revised Tentative Subdivision Map No. 6381 proposes 94 single-family lots.

The General Plan land use designation for the site is Low Density Residential. The site is currently zoned R-1-10 (One Family Residential – 10,000 square foot minimum lot size) and is proposed to be rezoned to the R-1-7 (One Family Residential – 7,000 square foot minimum lot size) zone district.

Proposed lot sizes range between 7,020 and 13,241 square feet (see Table 1 below).

Table 1: Lot Size Breakdown
Lot Size Range Number of Lots
7,000-7,499 5
7,500-7,999 37
8,000-8,499 18
8,500-8,999 13
9,000-9,499 4
9,500-10,000 3
>10,000 14
Total 94
This range of sizes is consistent with the General Plan, which prescribes a density of 0.0-3.6 dwelling units per gross acre (du/ga) for Low Density Residential. The revised tentative subdivision map proposes to increase the density from 2.57 du/ga, to approximately 3.2 du/ga, meeting the density provisions of the General Plan. While neither the City’s zoning ordinance nor the General Plan describe the R-1-7 zone district as being consistent with the Low Density Residential planned use designation, the density of the project is consistent.

Table 2 on the next page is taken from the General Plan and shows consistent zone districts for residential designations.

Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

Table 2: General Plan/Residential Zoning Consistency Table General Plan Land Use
Designation
Consistent Zone District Consistent Density
Units/Gross Acre
Residential
Low Density
Medium Low Density
Medium Density
High Density
R-1-10, R-1-12
R-1-7, R-1-8.5, R-1-10
R-1-5, R-1-6, R-1-7, R-2-A, R-MP
R-2, R-3-A, R-3

0.0 - 3.6

3.7 - 5.5

5.6 - 13.5

13.6 - 21.8
Source: Table 5-1 of the Land Use Element of the Fowler General Plan It is also important to consider the definitions of residential land use categories contained in the General Plan Land Use Element which are summarized below:
 Low Density: 0 - 3.6 units per gross acre. This category is characterized by larger lots for singlefamily residential development. Minimum lot size would be 10,000 square feet with lot sizes ranging from 10,000 to 12,000 square feet and larger. It is not envisioned that lots greater than one acre in size would be appropriate within the City limits. The most compatible zone districts are R-1-10 and R-1-12.
 Medium Low Density: Housing is this density range is typical of recent subdivisions built in Central Valley communities. The intent of this classification is to provide locations for construction of single-family homes with a minimum lot size ranging from 7,000 square feet to 10,000 square feet. Because housing at this density reaches the largest residential market, it is expected to account for about half of all housing added during the next twenty (20) years. The most compatible zone district is R-1-7.
 Medium Density: This category recognizes that small lot single-family and low density multifamily units will make up an increasing percentage of the City's housing stock. Lots as small as 5,000 square feet would be permitted. Mobile home parks and apartments within this density range will meet the needs of many households without the financial means or the desire to be homeowners. The most compatible zone districts are R-1-5, R-1-6, R-1-7, R-2-A, and R-MP.

While the density of the project is based on R-1-7 zoning and falls within the range of Low Density, the R-1-7 zone is not listed as “most compatible” with that density designation. Staff believes that since the density of the project falls within the range prescribed by the General Plan, the project is consistent with the Low Density Residential land use designation. The previously approved subdivision map clearly demonstrated that compliance with the R-1-10 zone district precluded development of the site as the densities prescribed by the General Plan.

At 3.2 persons per household, the 94-lot project would accommodate approximately 301 people. As the General Plan contemplated densities up to 3.6 dwelling units per acre, this population increase was already contemplated.

Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

The proposed circulation system is not proposed to change from the previously approved Tentative Subdivision Map, but instead proposes narrower lots. The subdivision proposes the same public park size which is consistent with the City’s Quimby Act requirements and General Plan policies. The public park in the revised Tentative Subdivision Map is in a different location and will provide for better utilization and access to the park.

Table 3: Land Uses and Zoning in the Project Vicinity
Land Use Zoning
North Low Density Residential R-1-10 (City)
West Rural Residences, Agriculture AE-20 / AL-20 (County) South Low Density Residential R-1-10 (City)
East Low Density Residential R-1-10 (City)
Proposed Homes Within the Subdivision
If the revision to the tentative subdivision map is approved, the builder would be required to comply with the provisions of Fowler Municipal Code (FMC) Section 9-5.1605 related to single-family design criteria. The builder would be required to submit elevations for consideration by the Development Review Committee prior to issuance of a building permit for any lot within the subdivision.

Tentative Subdivision Map
The California Subdivision Map Act (Gov. Code Sec. 66410, et seq.) allows local agencies to regulate the design and improvement of subdivisions. The City’s Subdivision Ordinance provides more detailed requirements for design and improvement as well as processing applications. Staff has met with the developer and the project engineer to discuss the proposed design and the resulting configuration generally meets the City’s requirements.

The Marshall Estates I subdivision to the south required the construction of a drainage basin. The revision to the approved subdivision map proposes to relocate this drainage basin to the northeast, where it would abut the ponding basin of the Crestwood Estates.

General Plan Policy 4.3.16.b requires that single-family projects include 5% open space within the project site. The revised tentative map provides a 1.33-acre park/open space area in conformance with the General Plan Policy. This park space is designed to provide a large, single open space for the proposed neighborhood. The Quimby Act and Subdivision Ordinance requires an additional 1.33 acres that can be provided on-site or typically through the payment of off-site fees.

City staff found that the proposed subdivision is consistent and incompliance with, and conforms to applicable plans, programs, policies, ordinances, standards, requirements, or other similar provisions.

Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

Grounds for Approval of a Tentative Map
The Subdivision Map Act (Government Code Section 66474) requires a City to make the following findings prior to approval of a tentative map:

1. The proposed map is consistent with applicable general and specific plans as specified in Section 65451.

Development must provide between 0.0 and 3.6 du/ga in order to maintain consistency; the subdivision map proposes a density of approximately 3.2 du/ga and thus meets the density provisions of the General Plan. The proposed project is consistent with the 2004 Fowler General Plan because the pre-zoning and annexation request is for land located contiguous to existing development where public facilities and services are available, the requested annexation is consistent with the General Plan policies related to logical and efficient growth and prevention of premature conversion of agricultural land.

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The City is empowered to regulate the design and improvement of subdivisions by the Subdivision Map Act and the City’s Subdivision Ordinance. The project meets the City’s design requirements. Conditions of approval will ensure consistency with General Plan standards and policies.

3. The site is physically suitable for the type of development.

The site is generally flat and level and is capable of supporting single-family development.

4. The site is physically suitable for the proposed density of development.

Infrastructure needed to serve the development is located within adjacent public rights-of-way, or its installation will be required as conditions of approval. The flat, level nature of the site in conjunction with the proximity of infrastructure and project conditions ensure that the site is physically suitable for the proposed density of development density of the project.

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure a fish or wildlife habitat.

An Addendum to the Mitigated Negative Declaration was prepared to evaluate the potential impacts from the increased density of the subdivision on the environment. The addendum determined that, with the incorporation of recommended mitigations, the subdivision would have a less than significant impact on the environment.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

There is no evidence in the record that the project is likely to cause any serious public health problems.

Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The project will not conflict with easements.

With conditions, including those related to open space, all of the above findings can be made.

Preponderance of Evidence Required for Denial or Reduction in Density Findings This Project seeks to increase the density of the proposed subdivision by 20 units. Due to the applicant’s request to increase the density of this housing development project, California’s Housing Accountability Act (“HAA”) is triggered. In accordance with the HAA, should the City Council decide to deny or condition the Project to reduce its density, specific findings must be made:
“When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:

A. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density…
B. There is no feasible method to satisfactorily mitigate or avoid the adverse impact… other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.” (Gov. Code § 65589.5, subd. (j)(1).) A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Staff found no evidence of any significant, quantifiable, direct, and/or unavoidable impacts based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date this application was deemed complete. Accordingly, staff would recommend that the Revised Tentative Subdivision Map be approved.

Rezone No. 22-55
The applicant proposes to rezone the subject property to the R-1-7 (One Family Residential – 7,000 square foot minimum lot) zone district, which would allow lots with a minimum area of 7,000 square feet and would facilitate development at a density consistent with the range prescribed in the General Plan’s Low Density Residential designation. While this zone district is not listed in the General Plan or zoning ordinance as being consistent, the subdivision complies with all objective General Plan, zoning ordinance, and subdivision design standards that are not in conflict with the General Plan.

Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

Pursuant to the HAA, a City cannot require a rezone for a housing development project if the project is consistent with the objective General Plan standards, but is inconsistent with zoning. (Gov. Code § 65589.5, subd. (j)(4).) The City may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project. In this specific instance, the R-1-10 zone district precludes the development of the subdivision at the prescribed densities of the General Plan.

Public Hearing Limits and Decision Deadlines
The Housing Crisis Act limits the number of hearings (including continuances, appeals, workshops, or similar meetings) for a housing development project to no more than five (5). This hearing would count as two of the five allowed.

Fowler Unified School District
Students from the project would attend Marshall Elementary (K-2), Fremont Elementary (3-5), Sutter Middle School (6-8), and Fowler High School (9-12). The student generation factor within Fowler Unified has ranged between 0.5 and 0.6 students per household, indicating that the proposed project would generate 47 to 57 students.

In accordance with State Law, any new development will be subject to school development fees as a condition of building permit issuance to offset potential impacts to schools. The homes proposed on the 94-lots would be subject to school development fees on a per-square foot basis. These funds, in combination with bond financing authorized by District voters and State assistance, will provide facilities and reduce overcrowding in the long-term.

ENVIRONMENTAL FINDINGS
The proposed Project has been reviewed for compliance with CEQA. The City has determined that the Project as revised does not result in any substantively different impacts compared to the original project and does not meet any of the provisions of CEQA Guidelines Section 15162 that would require preparation of a subsequent negative declaration. Accordingly, the City has approved an addendum to the adopted IS/MND.

Several environmental-related issues were brought forth during public comment at the February 2, 2023 Planning Commission hearing. These issues and Staff’s response can be found below:
• Water. As part of the original project, the City Engineer found that the City’s water system had sufficient capacity to handle the Project. After including the additional dwelling units, the system was still found to have sufficient capacity to accommodate the additional units. The subdivision is required to construct a looped water system and be tested before acceptance by the Public Works Department (Condition #32).
• Vehicle Miles Traveled. The City adopted an efficiency metric of VMT per capita as its threshold of significance, as did most local agencies in California. The original project was found not to Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

exceed this efficiency metric. Since adding dwelling units does not increase VMT per capita (i.e. people do not drive more because they have more neighbors), the Project would comply with the City’s adopted threshold of significance and there would be no significant impact due to VMT. • Air Quality. Staff determined that if the Project were to propose to construct 807 dwelling units, it would exceed the significance thresholds of the San Joaquin Valley Air Pollution Control District. Since the Project proposes to construct less than 807 dwelling units, project impacts are less than significant.
• Traffic (Congestion). As of July 2019, traffic congestion is no longer considered an environmental impact under CEQA. For this reason, traffic congestion is no longer a criteria considered. The development is required to construct its portion of Armstrong Avenue in accordance with Public Works Standards (Condition #27). Sidewalks, streetlights, and stop signs are required to be constructed (Condition #13). The Project would also be required to pay all applicable transportation impact fees to the City which goes towards transportation-related capital improvement projects (Condition #4). The Project is required to construct a pedestrian path to the subdivision to the east (Condition #31) which would allow for reduced school-related pick-up and drop-off trips.

FISCAL IMPACT
Approving the project would allow the City to collect fees for services, and would generate additional tax revenue.

Denying or reducing the density of the Project would, depending on the circumstance, reduce or preclude the City from collecting fees for services, and would generate less tax revenue.

CONFLICT OF INTEREST
Councilmember Kazarian owns property within 500 feet of the Project and pursuant to Title 2 of the California Code of Regulations section 18702.2, subdivision (a)(7), there is a presumed material financial interest in this Project and he must recuse himself from participating and deciding on this item.

Councilmembers Hammer and Parra own property within 1,000 feet of the Project.

Attachments
- Figure 1 – Aerial Photo
- Figure 2 – General Plan
- Figure 3 – Zoning
- Figure 4 – Subdivision Map
- Resolution No. 2630
- Resolution No. 2630 Attachment A
- Admin Draft Initial Study / Mitigated Negative Declaration - Ordinance No. 2023-05
- Ordinance No. 2023-05 Exhibit A
- Resolution No. 2631
- Resolution No. 2631 Exhibit A
- Resolution No. 2631 Exhibit B
Actions pertaining to Revised Tentative Subdivision Map No. 6381 March 21, 2023

Figure 1: Aerial Photo
Figure 2: General Plan
Figure 3: Zoning
Figure 4: Subdivision Map
1 RESOLUTION NO. 2630

A RESOLUTION OF THE CITY COUNCILOF THE CITY OF FOWLER ADOPTING

AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR THE REVISED TENTATIVE SUBDIVISION MAP NO. 6381
WHEREAS, on December 7, 2022 the City received applications for a revision to Tentative Subdivision Map No. 6381 and Zoning Ordinance Amendment No. 22-55 (“Project”) for APN: 340-130-14 located north of the northeast corner of East Adams and North Armstrong Avenues; and
WHEREAS, the subject applications were deemed complete by the Fowler Planning Department and have been reviewed for compliance with the Fowler Zoning Ordinance and General Plan; and
WHEREAS, the Project requires the approval of a revision to the Tentative Subdivision Map No. 6381; and
WHEREAS, on January 4, 2022, an Initial Study/Mitigated Negative Declaration was prepared, circulated, and made available for public comment, and adopted pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq., and the Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3, sections 15000, et seq.; and
WHEREAS, a public hearing notice was duly published informing the public that the Project and the Addendum to the Mitigated Negative Declaration would be considered for approval at the City Council meeting on March 21, 2023 at 7:00 p.m.; and WHEREAS, the City Council reviewed and discussed the proposed Project together with the Addendum to the Mitigated Negative Declaration at a Regular Meeting on March 21, 2023; and
WHEREAS, the City Council reviewed and considered the staff report, the Addendum, the previously adopted Initial Study/Mitigated Negative Declaration, and all evidence in the administrative record and presented at the duly noticed public hearing on March 21, 2023, which the City Council determined to be necessary to make an informed decision, including oral and written public testimony on the Project and the Addendum to the Mitigated Negative Declaration.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Fowler, based upon the entire record of proceedings, makes the following findings with regard to the Project:

1. The foregoing recitals are true and correct.

2. The Addendum to the Mitigated Negative Declaration, and the mitigation monitoring program as set forth in Attachment A, including the mitigation measures identified therein 2 and as described in the previously adopted Mitigated Negative Declaration, is hereby adopted.

3. The Addendum to the Mitigated Negative Declaration for the Project is adequate, reflects the City’s independent judgment and analysis, and has been completed in compliance with CEQA and CEQA Guidelines section 15164.

4. Based on the entire record, there is no substantial evidence to support that the Project will have any significant adverse effects on the environment with the mitigation measures included.

5. None of the conditions described in CEQA Guidelines section 15162, which call for the preparation of a subsequent negative declaration, have occurred.

6. The record of these proceedings shall be contained in the Department of Planning and Community Development located at 128 S. 5th Street, Fowler, CA 93625, and the custodian of the record shall be the City Planner or other person designated by the Community Development Director.

7. The Community Development Director, or his/her designee, is authorized to file a notice of determination for the Project in accordance with CEQA and to pay any fees required for such filing.

8. The basis for these findings is detailed in the March 21, 2023 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as any evidence and comments presented in connection with the Addendum to the Mitigated Negative Declaration.

The foregoing resolution of the City Council of the City of Fowler was duly and regularly introduced and approved at a regular meeting of the City Council on March 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ___________________________
Daniel T. Parra, Mayor
ATTEST: _____________________________
Angela Vasquez, Deputy City Clerk
3 Attachment A – Addendum to a Mitigated Negative Declaration REVISION TO TENTATIVE MAP NO. 6381
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CITY OF FOWLER
128 S. 5TH STREET, FOWLER, CALIFORNIA 93625

REVISION TO TENATIVE MAP
NO. 6381
Addendum to Mitigated Negative Declaration
January 12, 2023
Prepared by:

REVISION TO TENTATIVE MAP NO. 6381
Addendum to Mitigated Negative Declaration
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1.0 INTRODUCTION

1.1 Project Background
On January 4, 2022, the City of Fowler City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for National Raisin Company to evaluate the potential environmental effects of Tentative Tract Map (TTM) No. 6381. TTM No. 6381 authorized the subdivision of a 29.04-acre lot into 74 single-family residential lots. The IS/MND imposed various mitigation measures to reduce potentiallysignificant impacts resulting from the development to less-than-significant levels. Following the adoption of the IS/MND the City Council also approved Ordinance No. 2022-02 to rezone the property to the R-1- 10 (One Family Residential – 10,000 square foot minimum lot) zone district.

The 30-day public comment period for the IS/MND began on October 14, 2021 and ended on November 3, 2021. No comment letters were received during the public comment period.

This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 to evaluate potential environmental impacts related to the modifications additions to SPR No. 14-05.

For reference below, “original” is referring to Project elements that were analyzed in the IS/MND and “revised” is referring to elements of the most recent submission.

1.2 Statutory Background
Under Section 15164(b) of the CEQA Guidelines, an Addendum to an adopted [mitigated] negative declaration may be prepared for a subsequent project or revised project if only minor technical changes or additions are necessary to make the prior IS/MND adequate or if none of the conditions described in Section 15162 calling for a subsequent EIR or negative declaration have occurred. Section 15164(c) of the CEQA Guidelines states that an Addendum need not be circulated for public review but can be included in or attached to the adopted [mitigated] negative declaration. CEQA Guidelines Section 15164(d) states that the decision-making body shall consider the addendum with the adopted [mitigated] negative declaration prior to making a decision on the revised Project.

1.3 Recommendation
This Addendum determines that only minor technical changes to the environmental analysis, impact determinations, and mitigation requirements are needed in order for the original IS/MND to adequately assess the potential environmental effects of the proposed revisions to Tentative Map No. 6381.

This Addendum further supports the finding that the revisions to the original do not cause new or substantial changes to the original Project or provide new information of substantial importance regarding new or more significant impacts than those identified in the prior IS/MND. Therefore, the City of Fowler has determined that a Subsequent Mitigated Negative Declaration pursuant to Section 15162(e) of the CEQA Guidelines is not required. In support of this determination, the following discussion describes the original impact assessment of the original Project as well as those of the proposed revised Project revisions.

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2.0 PROJECT DESCRIPTION

2.1 Original Project Description
National Raisin Company is proposing to subdivide approximately 29 acres of agricultural and residential land north of the northeast corner of Adams Avenue and Armstrong Avenue in Fowler, California into a 74-lot single-family residential development. The lots range between 10,160 and 17,371 square feet in size. A park would also be constructed.

Development of the subdivision is expected to occur over a 2.5-year period with original Project construction beginning in 2022 and completed by mid-2024. At 3.2 persons per household, the 74-unit original Project would accommodate approximately 237 people.

Circulation within the site would be provided by a system of local roadways with two access points, one to Armstrong Avenue and one to Marshall Estates I (see Figure 5). It is proposed that the local streets be public.

A total of two (2) homes are located on the 29 acre site. Both homes would be demolished.

The City of Fowler provides water service within its corporate limits, including to the original Project site.

The water distribution system within the original Project site would be provided and maintained by the City. Sanitary sewer service, including wastewater treatment, would be provided to the original Project site by the Selma-Kingsburg-Fowler (SKF) County Sanitation District. Existing water and sewer mains are located along Armstrong Avenue and would provide connections for this Project. The stormwater collection would be connected to a proposed stormwater basin being constructed at the northeast corner of the original Project site.

Electrical and gas service to the original Project site would be provided by PG&E. AT&T would provide telephone service and cable television service would be provided by Comcast. The Applicant would be required to extend these services to the site.

2.2 2023 Revised Project Description
On December 7, 2022, the applicant submitted an updated tentative tract map increasing the amount of lots created from 74 to 94 (see Figure 6). The location of the revised Project site is the same location of the original Project site (APN: 340-130-14).1 In order to accommodate more lots, the revised Project would also include a change in the proposed zoning from the R-1-10 (One Family Residential, 10,000 square foot minimum lot size) zone district to the R-1-7 (One Family Residential, 7,000 square foot minimum lot size) zone district. The increase in the number of dwellings would accommodate approximately 301 people, 64 more than the original 237.
1 “Project site” refers to both the “original Project” site and the “revised Project” site.

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Figure 1: Regional Location
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Figure 2: Aerial Map
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Figure 3: General Plan Map
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Figure 4: Zoning Map
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Figure 5: Tentative Map from Prior IS/MND
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Figure 6: Revised Tentative Map
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3.0 IMPACT ANALYSIS
The revised Project (see Section 2.3) has been reviewed and its potential environmental effects have been compared to those identified in the adopted IS/MND for the original Project. The following conclusions have been made, supported by evidence in the record.
1) Aesthetics: There are no scenic resources near the Project site. Although the individual lot sizes have been reduced to allow for additional lots, the overall area of land would remain the same.

Construction would continue take place on the existing 29.04-acre lot. Building heights would not be increased. The revised Project would continue to be required to comply with standards and conditions that prevent substantial glare or light from affecting adjacent properties and/or rights-of-way. Effects of the revised Project do not differ from those of the original Project; impacts would remain less than significant.
2) Agricultural and Forestry Resources: The adopted 2021 IS/MND noted that the Project site was designated primarily as “Prime Farmland”, with a small section of “Farmland of Statewide Importance”, as shown on the Farmland Mapping and Monitoring Program maps. Both the original Project and the revised Project would convert land to nonagricultural use. The City of Fowler General Plan designates the Projectsite for Low Density Residential. Effects of the revised Project do not differ from those of the original Project; impacts would remain less than significant. 3) Air Quality: A CalEEMod Air Model was prepared with the original Project to analyze its effects on air quality. Results from the original CalEEMod for short-term construction and long-term operation are as follows:

Table 3-1: Unmitigated Short-Term Construction-Generated Emissions of Criteria Air Pollutants Source
Annual Emissions (Tons/Year) (1)
ROG NOX CO PM10 PM2.5 SOx
2021 0.1327 1.3670 0.8770 0.2197 0.0597 0.0016
2022 0.2583 2.3675 2.3824 0.2142 0.1390 0.0044
2023 0.4928 1.7013 2.0144 0.1113 0.0845 0.0036
2024 0.2027 0.0086 0.0134 0.0007 0.0005 0.0000
Maximum Annual Proposed Project Emissions: 0.4928 2.3675 2.3824 0.2197 0.139 0.0044 SJVAPCD Significance Thresholds: 10 10 100 15 15 27
Exceed SJVAPCD Thresholds? No No No No No No

1. Emissions were quantified using CalEEmod Output Files Version 2020.4.0. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding.

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Table 3-2: Unmitigated Long-Term Operational Emissions
Source
Annual Emissions (Tons/Year) (1)
ROG NOX CO PM10 PM2.5 SOx
Maximum Annual Project Emissions: 0.9165 0.5017 3.0499 0.7551 0.2133 0.0076 SJVAPCD Significance Thresholds: 10 10 100 15 15 27
Exceed SJVAPCD Thresholds? No No No No No No

1. Emissions were quantified using CalEEmod Output Files Version 2020.4.0.

There would be no change for short-term construction emissions, but there would be a slight increase in emissions resulting from for long-term operations. Results from the revised CalEEMod long-term operation are as follows:

Table 3-3: Unmitigated Long-Term Operational Emissions for revised Project Source
Annual Emissions (Tons/Year) (1)
ROG NOX CO PM10 PM2.5 SOx
Maximum Annual Project Emissions: 1.1766 0.6441 3.9154 0.9694 0.21738 0.0098 SJVAPCD Significance Thresholds: 10 10 100 15 15 27
Exceed SJVAPCD Thresholds? No No No No No No

1. Emissions were quantified using CalEEmod Output Files Version 2020.4.0.

A comparison of the CalEEMod output information indicates that neither the original Project nor the revised Project would exceed any applicable air quality standard for short-term or long-term emissions. As with the original Project, the revised Project would be required to comply with SJVPACD Regulation VIII (Fugitive PM₁₀ Prohibitions). Operations of the revised Project would be the same as those approved for the original Project. The impacts would remain less than significant. 4) Biological Resources: A biological resources desktop analysis was conducted on September 13, 2021 for the Project site. As part of a desktop analysis of potential original Project-related impacts to biological resources, on September 13, 2021, a thorough search of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) for published accounts of special status plant and animal species was conducted for the Malaga 7.5-minute quadrangle that contains the Projectsite in its entirety, and for the eight surrounding quadrangles. Although the revised Project would result in the addition of 20 more lots, physical disturbance of the Project site does not differ substantially between the original Project and the revised Project; therefore, the mitigation measures identified in the adopted 2021 IS/MND would continue to apply to the additional work and the revised Project would not require any additional mitigation. Therefore, impacts to biological resources would remain the same as analyzed and additional impacts would not occur. 5) Cultural Resources. Physical disturbance of the Project site does not differ substantially between the original Project and the revised Project. The revised Project remains subject to California Health and Safety Code Section 7050.5, Public Resource Code Section 5097.98, and CEQA Guidelines Section REVISION TO TENTATIVE MAP NO. 6381
Addendum to Mitigated Negative Declaration
City of Fowler 9 | Page
15064.5, which prescribe actions to be taken upon the discovery of potential cultural resources. The impacts would remain less than significant.
6) Energy. The revised Project would continue to comply with the California Building and Energy Codes.

Energy impacts would be less than significant.
7) Geology/Soils: The revised Project is located on the same site and is subject to the same standards of construction as the original Project. Impacts would remain less than significant. 8) Greenhouse Gas Emissions: According to the CalEEMod Air Model that was completed for the original Project, the initial development does not exceed any thresholds concerning Greenhouse Gas Emission (Appendix A). All emissions depicted in the Model are construction estimates. A revised Air Model was prepared for the revised Project. The revised Project would result in a slight increase in operational emissions of the facility, but these emissions would continue to remain under their applicable designated thresholds. Emissions resulting from construction would remain substantially the same as was determined in the original Project. Impacts would remain less than significant. 9) Hazards & Hazardous Materials: The original and revised Project does not involve land that is listed as a hazardous materials site pursuant to Government Code Section 65962.5 and is not included on a list compiled by the Department of Toxic Substances Control. The adopted 2021 IS/MND identified any use of hazardous materials during construction would be handled properly with the implementation of a Stormwater Pollution Prevention Plan and compliance with the latest Cal/OSHA regulations regarding regular maintenance and inspection of equipment, spill prevention, and spill remediation in order to reduce the potential for incidental release of pollutants or hazardous substances onsite. The revised Project would be required to follow the same regulatory requirements as determined in the adopted 2021 IS/MND. Impacts would remain less than significant. 10) Hydrology and Water Quality: The adopted 2021 IS/MND (Appendix A) determined that the site could be sufficiently supplied by the City of Fowler’s water distribution system. The revised Project proposes to modify the original Project by increasing the amount of lots from 74 to 94. The addition of 20 single family lots would increase the consumption of water, but the increase would not exceed the City’s threshold, resulting in an inadequate water supply. The revised Project would result in the additional consumption of approximately 5,820 gallons of water per day (gpd). The total consumption of water from 94 single family residents (the revised Project) would be approximately 27,357 gpd. This amount of water would continue to be insignificant and would not significantly lower the groundwater table of the aquifer or substantially interfere with the recharge of the underground aquifer. All regulatory requirements applicable to the original Project (Stormwater Pollution Prevention Plan, Waste Discharge Requirements, grading plan) would remain in effect for the revised Project. The impacts would remain less than significant.

REVISION TO TENTATIVE MAP NO. 6381
Addendum to Mitigated Negative Declaration
City of Fowler 10 | Page
11) Land Use and Planning: The revised Project would continue to not physically divide an established community as the Project site is located in the City of Fowler and is adjacent to existing residential neighborhoods. The City of Fowler 2025 General Plan Update land use diagram designates the Project site as Low Density Residential, and the County of Fresno Zoning Ordinance designates the Project site as AE-20. The revised Project proposes to amend the originally proposed zoning designation from the R-1-10 zone district to the R-1-7 (Single Family Low Density Residential) zone district to accommodate 20 additional lots. According to the City of Fowler 2025 General Plan Update, the proposed zone district of R-1-7 is incompatible with the existing land use designation of Low Density Residential. The proposed R-1-7 zone district is compatible with the Medium Low Density Residential land use designation. The Medium Low Density Residential land use designation has a required density range of 3.7-5.5 units/acre. Although the R-1-7 Zone District is incompatible with the Low Density Residential land use designation, the revised Project’s density would be 3.16 units/acre which is just under the maximum allowed density, slightly over two fifths than what is required as the minimum for Medium Low Density Residential. Therefore, with the proposed density of 3.16 units/acre, the revised Project would have a less than significant impact and would maintain the determination of less than significant as identified in the adopted 2021 IS/MND. There would be no additional impacts. 12) Mineral Resources: The revised Project is located on the same site as the original Project. There would be no impact.
13) Noise: The operations proposed by the revised Project are the same as those proposed under the original Project. The impacts would remain less than significant. 14) Population/Housing: Using the average household size in Fowler of 3.2, the revised Project would potentially generate 64 additional people. This increase in the number of people from the revised Project would not result in a significant impact. As mentioned in the adopted 2021 IS/MND, the demolition of two existing homes would not result in the need for construction of replacement housing elsewhere. Furthermore, the two households do not result in a substantial number of persons or housing. The revised Project would continue to result in a less than significant impact. 15) Public Services: The revised Project would not substantially increase the need for fire and police protection. As described under Population and Housing, the revised Project would not substantially increase population; therefore, schools and parks would not be significantly impacted. There would still be a less than significant impact.
16) Recreation: As mentioned in Population and Housing, the revised Project would not substantially increase population; therefore, the revised Project would not result in potentially significant impacts to recreational facilities. Impacts would continue to result in less than significant, as determined in the adopted 2021 IS/MND.

REVISION TO TENTATIVE MAP NO. 6381
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City of Fowler 11 | Page
17) Transportation/Traffic. The revised Project would continue to take access from Armstrong Avenue and all internal streets and related improvements would continue to comply with City standards. The revised Project would continue to introduce additional local streets consistent with the City’s Circulation Element and all roads would continue to be built according to City of Fowler Street Design Standards. The revised Project would not increase Vehicle Miles Traveled per Capita, and therefore it would remain consistent with the General Plan. Impacts are consistent with the adopted 2021 IS/MND and thus less than significant.
18) Tribal Cultural Resources: The City did not receive a response to its solicitation of comments pursuant to Assembly Bill (AB) 52 during preparation of the IS/MND. An addendum to an IS/MND does not necessitate additional Tribal correspondence. Implementation of the revised Project would not alter impacts to tribal cultural resources. Impacts are consistent with the adopted 2021 IS/MND. There would be no additional impacts to tribal cultural resources and the mitigation listed in the adopted 2021 IS/MND would continue to apply to the revised Project. 19) Utilities/Service Systems: The revised Project proposes 20 additional lots for single-family residences.

This revised Project would increase demand for water or sewer, but substantially compared to the adopted 2021 IS/MND. All regulatory requirements applicable to the original Project (Stormwater Pollution Prevention Plan, Waste Discharge Requirements, grading plan) would remain in effect for the revised Project. Selma-Kingsburg-Fowler County Sanitation District (SKF) has indicated that it can accommodate future growth because of the planned capacity expansion to 6.0-9.0 million of gallons per day of treatment capacity. Both the original Project and the revised Project would divert storm water into a percolation pond located in the northeast region. Production of solid waste would increase, but the American Avenue Disposal site maintains capacity to manage the revised Project.

The revised Project would comply with all federal and State efforts to reduce the amount of solid waste going to landfills, including Assembly Bill 939. Impacts would remain less than significant. 20) Wildfire: The Project site is not located within or near a State Responsibility Area or a Very High Fire Hazard Severity Zone. There would be no impact.
21) Mandatory Findings of Significance: The analysis conducted in the adopted 2021 IS/MND results in a determination that the original Project, with incorporation of mitigation measures where applicable, would have a less than significant effect on the environment. The potential for impacts to biological resources, cultural resources, and tribal cultural resources from the construction and operation of the original Project would be less than significant with the incorporation of the mitigation measures discussed in the adopted 2021 IS/MND. Accordingly, the revised Project would involve no potential for significant impacts through the degradation of the quality of the environment, the reduction in the habitat or population of fish or wildlife, including endangered plants or animals, the elimination of a plant or animal community or example of a major period of California history or prehistory. The inclusion of the 20 additional single-family lots would not change the results of the original analysis and would remain consistent with the findings in the adopted 2021 IS/MND.

REVISION TO TENTATIVE MAP NO. 6381
Addendum to Mitigated Negative Declaration
City of Fowler 12 | Page

4.0 SUMMARY AND FINDINGS
Based on the comparisons provided above, the revised Project would not generate any new significant impacts or a substantial increase in the severity of impacts previously identified in the IS/MND; therefore, no additional mitigation measures are required. The revised Project would not: a) result in increased impacts, either short-term or long-term related to degradation of the environment; b) result in increased cumulative impacts; or c) result in increased substantial adverse effects on human beings, either directly or indirectly, provided all mitigation measures previously adopted are implemented for the revised Project.

Therefore, it is the determination of this Addendum that the impacts of the revised Project have already been adequately analyzed in the adopted 2021 IS/MND for the original Project, and that mitigation measures adopted in the adopted 2021 IS/MND are applicable to the revised Project, as they would have been if the revised Project had been analyzed by the adopted 2021 IS/MND. The minor technical changes of the revised Project as set forth in this Addendum together with the adopted 2021 IS/MND constitute an adequate environmental document pursuant CEQA.

The adopted 2021 IS/MND and Mitigation Monitoring Program remain valid and in force for the revised Project, and no additions or changes to them are necessary.

This Addendum determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent Negative Declaration have occurred and thus the adopted 2021 IS/MND as modified by this Addendum satisfies the requirements under CEQA for the Revised Tentative Map No. 6381 Project.

REVISION TO TENTATIVE MAP NO. 6381
Addendum to Mitigated Negative Declaration
City of Fowler 13 | Page
Attachment A: Original Initial Study and adopted Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP)
City of Fowler
Marshall Estates II
Admin Draft Initial Study / Mitigated Negative Declaration October 2021
Prepared for:

City of Fowler
128 S. 5th Street
Fowler, CA 93625
Prepared by:

Provost & Pritchard Consulting Group
130 N. Garden Street
Visalia, CA 93291
Report Prepared for:

City of Fowler
128 S. 5th Street
Fowler, CA 93625
Contact:

Dawn E. Marple
(559) 834-3113 Ext 122
Report Prepared by:

Provost & Pritchard Consulting Group
Briza Sholars, Senior Planner, QA/QC
Jarred Olsen, Associate Planner, Project Manager, Technical Writing Dena Giacomini, Senior Biologist/Senior Planner
Lizbeth Avitia, Wyatt Czeshinski, Ryan McKelvey, Morgan Wright, Assistant Planners, Technical Writing Ben Toews, GIS
Jackie Lancaster, Administrative Support, Technical Writing Contact:

Jarred Olsen, Associate Planner
(559) 636-1166
COPYRIGHT 2021 by PROVOST & PRITCHARD CONSULTING GROUP

ALL RIGHTS RESERVED
Provost & Pritchard Consulting Group expressly reserves its common law copyright and other applicable property rights to this document. This document is not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Consulting Group. In the event of unauthorized reuse of the information contained herein by a third party, the third party shall hold the firm of Provost & Pritchard Consulting Group harmless, and shall bear the cost of Provost & Pritchard Consulting Group's legal fees associated with defending and enforcing these rights.

City of Fowler
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 i
Table of Contents
Introduction.............................................................................................................................................1-9 Regulatory Information..............................................................................................................................1-9 Document Format ......................................................................................................................................1-9 Project Description.................................................................................................................................2-2 Project Background and Objectives.........................................................................................................2-2 Project Title...............................................................................................................................2-2 Lead Agency Name and Address..........................................................................................2-2 Contact Person and Phone Number ....................................................................................2-2 Project Location.......................................................................................................................2-2 Latitude and Longitude...........................................................................................................2-2 General Plan Designation Zoning.........................................................................................2-2 Description of Project.............................................................................................................2-2 Site and Surrounding Land Uses and Setting ......................................................................2-3 Other Public Agencies Whose Approval May Be Required .............................................2-3 Consultation with California Native American Tribes......................................................2-4 Impact Analysis.......................................................................................................................................3-1 Environmental Factors Potentially Affected ..........................................................................................3-1 Aesthetics......................................................................................................................................................3-2 Environmental Setting and Baseline Conditions................................................................3-2 Impact Assessment..................................................................................................................3-2 Agriculture and Forestry Resources.........................................................................................................3-4 Environmental Setting and Baseline Conditions................................................................3-4 Impact Assessment..................................................................................................................3-5 Air Quality ....................................................................................................................................................3-8 Environmental Setting and Baseline Conditions................................................................3-8 Impact Assessment............................................................................................................... 3-10 Biological Resources................................................................................................................................ 3-13 Environmental Setting and Baseline Conditions............................................................. 3-13 Impact Assessment............................................................................................................... 3-19 Cultural Resources ................................................................................................................................... 3-22 Environmental Setting and Baseline Conditions............................................................. 3-22 Impact Assessment............................................................................................................... 3-23 Energy ........................................................................................................................................................ 3-24 City of Fowler
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Environmental Setting and Baseline Conditions............................................................. 3-24 Impact Assessment............................................................................................................... 3-24 Geology and Soils..................................................................................................................................... 3-26 Environmental Setting and Baseline Conditions............................................................. 3-26 Impact Assessment............................................................................................................... 3-28 Greenhouse Gas Emissions ................................................................................................................... 3-30 Environmental Setting and Baseline Conditions............................................................. 3-30 Impact Assessment............................................................................................................... 3-32 Hazards and Hazardous Materials......................................................................................................... 3-34 Environmental Setting and Baseline Conditions............................................................. 3-34 Impact Assessment............................................................................................................... 3-35 Hydrology and Water Quality ................................................................................................................ 3-37 Environmental Setting and Baseline Conditions............................................................. 3-37 Impact Assessment............................................................................................................... 3-38 Land Use and Planning ........................................................................................................................... 3-41 Environmental Setting and Baseline Conditions............................................................. 3-41 Impact Assessment............................................................................................................... 3-41 Mineral Resources.................................................................................................................................... 3-43 Environmental Setting and Baseline Conditions............................................................. 3-43 Impact Assessment............................................................................................................... 3-44 Noise .......................................................................................................................................................... 3-45 Environmental Setting and Baseline Conditions............................................................. 3-45 Impact Assessment............................................................................................................... 3-47 Population and Housing ......................................................................................................................... 3-50 Environmental Setting and Baseline Conditions............................................................. 3-50 Impact Assessment............................................................................................................... 3-50 Public Services.......................................................................................................................................... 3-52 Environmental Setting and Baseline Conditions............................................................. 3-52 Impact Assessment............................................................................................................... 3-53 Recreation.................................................................................................................................................. 3-55 Environmental Setting and Baseline Conditions............................................................. 3-55 Impact Assessment............................................................................................................... 3-55 Transportation .......................................................................................................................................... 3-57 Environmental Settings and Baseline Conditions............................................................ 3-57 Impact Assessment............................................................................................................... 3-57 City of Fowler
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Provost & Pritchard Consulting Group • October 2021 iii Tribal Cultural Resources........................................................................................................................ 3-59 Environmental Settings and Baseline Conditions............................................................ 3-59 Impact Assessment............................................................................................................... 3-60 Utilities and Service Systems .................................................................................................................. 3-61 Environmental Setting and Baseline Conditions............................................................. 3-61 Impact Assessment............................................................................................................... 3-62 Wildfire ...................................................................................................................................................... 3-64 Environmental Setting and Baseline Conditions............................................................. 3-64 Impact Assessment............................................................................................................... 3-64 CEQA Mandatory Findings of Significance ........................................................................................ 3-66 Impact Assessment............................................................................................................... 3-66 Determination: (To be completed by the Lead Agency) ................................................................... 3-68 Mitigation Monitoring and Reporting Program.................................................................................4-1 Appendix A.......................................................................................................................................................................... 1 CalEEMod Output Files.......................................................................................................................................... 1 Appendix B.......................................................................................................................................................................... 1 Biological Resources Information .......................................................................................................................... 1 Appendix C.......................................................................................................................................................................... 1 Cultural Resources Information.............................................................................................................................. 1 Appendix D ......................................................................................................................................................................... 1 Soils Report ................................................................................................................................................................ 1 City of Fowler
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Provost & Pritchard Consulting Group • October 2021 iv
List of Figures
Figure 2-1. Regional Location Map...............................................................................................................................2-5 Figure 2-2. Topographic Quadrangle Map ..................................................................................................................2-6 Figure 2-3. Area of Potential Effect Map ...................................................................................................................2-7 Figure 2-4. Site Plan.........................................................................................................................................................2-8 Figure 2-5. General Plan Land Use Designation Map...............................................................................................2-9 Figure 2-6. Zone District Map.................................................................................................................................... 2-10 Figure 3-1. Farmland Designation Map .......................................................................................................................3-7 Figure 3-2 FEMA Flood Map..................................................................................................................................... 3-40 List of Tables
Table 2-1. Fowler General Plan Designation and County Zone District...............................................................2-2 Table 3-1. Aesthetics Impacts........................................................................................................................................3-2 Table 3-2. Agriculture and Forest Impacts..................................................................................................................3-4 Table 3-3. Air Quality Impacts......................................................................................................................................3-8 Table 3-4. Summary of Ambient Air Quality Standards and Attainment Designation........................................3-9 Table 3-5. Unmitigated Short-Term Construction-Generated Emissions of Criteria Air Pollutants............. 3-11 Table 3-6. Unmitigated Long-Term Operational Emissions................................................................................. 3-12 Table 3-7. Biological Resources Impacts .................................................................................................................. 3-13 Table 3-8. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity.................. 3-14 Table 3-9. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity...................... 3-17 Table 3-10. Cultural Resources Impacts.................................................................................................................... 3-22 Table 3-11. Energy Impacts........................................................................................................................................ 3-24 Table 3-12. Geology and Soils Impacts..................................................................................................................... 3-26 Table 3-13. Greenhouse Gas Emissions Impacts.................................................................................................... 3-30 Table 3-14. Short-Term Construction-Generated GHG Emissions.................................................................... 3-32 Table 3-15. Long-Term Operational GHG Emissions.......................................................................................... 3-33 Table 3-16. Hazards and Hazardous Materials Impacts......................................................................................... 3-34 Table 3-17. Hydrology and Water Quality Impacts ................................................................................................ 3-37 Table 3-18. Land Use and Planning Impacts ........................................................................................................... 3-41 Table 3-19. Noise Impacts .......................................................................................................................................... 3-45 Table 3-20. Noise Level Standards............................................................................................................................. 3-47 Table 3-21. Typical Construction Noise Levels*..................................................................................................... 3-48 City of Fowler
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Table 3-22. Population and Housing Impacts.......................................................................................................... 3-50 Table 3-23. Public Services Impacts.......................................................................................................................... 3-52 Table 3-24. Recreation Impacts.................................................................................................................................. 3-55 Table 3-25. Transportation Impacts.......................................................................................................................... 3-57 Table 3-26. Tribal Cultural Resources Impacts........................................................................................................ 3-59 Table 3-27. Utilities and Service Systems Impacts .................................................................................................. 3-61 Table 3-28. Wildfire Impacts....................................................................................................................................... 3-64 Table 3-29. Mandatory Findings of Significance Impacts...................................................................................... 3-66 Table 4-1 Mitigation Monitoring and Reporting Program........................................................................................4-2 City of Fowler
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Provost & Pritchard Consulting Group • October 2021 vi
Acronyms and Abbreviations
AB ................................................................................................................................................................Assembly Bill AFY ................................................................................................................................................................acre-feet/year ALUCP..................................................................................................................Airport Land Use Compatibility Plan AQP ............................................................................................................................................................Air Quality Plan BAU ........................................................................................................................................................Business As Usual bcf ...........................................................................................................................................................billion cubic feet BPS ......................................................................................................................................Best Performance Standards Cal Fire .................................................................................. California Department of Forestry and Fire Protection Cal/OSHA...................................................................... California Occupational Safety and Health Administration CalEEMod .................................................................................California Emissions Estimator Modeling (software) CAP .................................................................................................................................................... Climate Action Plan CCAP....................................................................................................................................Climate Change Action Plan CDFW .............................................................................................................California Department Fish and Wildlife City ...............................................................................................................................................................City of Fowler CNEL ..................................................................................................................... Community Noise Equivalent Level County ..........................................................................................................................................................Fresno County CPUC..................................................................................................................California Public Utilities Commission CRHR ..........................................................................................................California Register of Historical Resources CSLC.........................................................................................................................California State Lands Commission CWA ..........................................................................................................................................................Clean Water Act dBA .....................................................................................................................................................A-weighted decibels DDW .....................................................................................................................................Division of Drinking Water DOC ................................................................................................................California Department of Conservations DOGGR ...........................................................................................Division of Oil, Gas and Geothermal Resources DPM............................................................................................................................................ Diesel Particulate Matter DPU...................................................................................................................................Department of Public Utilities DTSC....................................................................................... (California) Department of Toxic Substances Control DWR..............................................................................................................................Department of Water Resources EIR .................................................................................................................................. Environmental Impact Report EPA ........................................................................................................................... Environmental Protection Agency FEMA............................................................................................................ Federal Emergency Management Agency FMMP......................................................................................................Farmland Mapping and Monitoring Program City of Fowler
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 vii GC .......................................................................................................................................................Government Code GHG......................................................................................................................................................... Greenhouse Gas GIS ...............................................................................................................................Geographic Information System gpd ..............................................................................................................................................................gallons per day HUC.................................................................................................................................................Hydrologic Unit Code IS ...................................................................................................................................................................Initial Study IS/MND..................................................................................................Initial Study/Mitigated Negative Declaration LAFCo.................................................................................................................Local Agency Formation Commission Ldn ............................................................................................................................. Day/Night Average Sound Level mgd ................................................................................................................................................ million gallons per day MMRP ..................................................................................................Mitigation Monitoring and Reporting Program MND................................................................................................................................Mitigated Negative Declaration MRZ.............................................................................................................................................Mineral Resource Zones MTCO2e ........................................................................................................Metric tons of carbon dioxide equivalent NAAQS...........................................................................................................National Ambient Air Quality Standards ND ...................................................................................................................................................Negative Declaration NEPA.......................................................................................................................National Environmental Policy Act NFIP .........................................................................................................................National Flood Insurance Program NGVD.......................................................................................................................National Geodetic Vertical Datum NHPA........................................................................................................................National Historic Preservation Act NMFS ........................................................................................................................National Marine Fisheries Services NOx .......................................................................................................................................................... Nitrogen Oxides NPDES............................................................................................National Pollutant Discharge Elimination System NRCS...............................................................................................................Natural Resources Conservation Service NRHP......................................................................................................................National Register of Historic Places NWI...................................................................................................................................... National Wetland Inventory O3 ............................................................................................................................................................................Ozone Pb ................................................................................................................................................................................Lead PC .......................................................................................................................................... Production-Consumption PCB .......................................................................................................................................... Polychlorinated biphenyls PG&E........................................................................................................................ Pacific Gas and Electric Company PM10 ........................................................................................................................particulate matter 10 microns in size PM2.5 ......................................................................................................................particulate matter 2.5 microns in size ppb ............................................................................................................................................................ parts per billion ppm ........................................................................................................................................................... parts per million City of Fowler
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Provost & Pritchard Consulting Group • October 2021 viii PRC ............................................................................................................................................... Public Resources Code RCRA............................................................................................................Resource Conservation and Recovery Act Reclamation ..........................................................................................................United States Bureau of Reclamation ROC.................................................................................................................................... Reactive Organic Compound ROV..........................................................................................................................................Remote Operated Vehicle RWQCB .............................................................................................................Regional Water Quality Control Board SB ......................................................................................................................................................................Senate Bill SCH ..................................................................................................................................................... State Clearinghouse SGMA.......................................................................................................Sustainasble Groundwater Management Act SIP .........................................................................................................................................State Implementation Plan SJVAB.................................................................................................................................. San Joaquin Valley Air Basin SJVAPCD........................................................................................ San Joaquin Valley Air Pollution Control District SO2 .............................................................................................................................................................. Sulfur Dioxide SOI ..................................................................................................................................................... Sphere of Influence SOx ..................................................................................................................................................................Sulfur Oxide SR ....................................................................................................................................................................State Route SSJVIC..............................................................................................Southern San Joaquin Valley Information Center SWPPP.............................................................................................................. Storm Water Pollution Prevention Plan SWRCB.................................................................................................................State Water Resources Control Board TAC .............................................................................................................................................Toxic Air Contaminants TCP ................................................................................................................................................ 1,2,3-trichloropropane TDS ....................................................................................................................................................total dissolved solids TPY ...............................................................................................................................................................Tons Per Year USDA .............................................................................................................United States Department of Agriculture USFWS .............................................................................................................. United States Fish and Wildlife Service VOC......................................................................................................................................Volatile Organic Compound μg/m3................................................................................................................................... micrograms per cubic meter Chapter 2 Project Description
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 2-6 Introduction
Provost & Pritchard Consulting Group (Provost & Pritchard) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Fowler (City) to address the environmental effects of the proposed Marshall Estates II Project (Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. The City is the CEQA lead agency for this proposed Project.

The site and the proposed Project are described in detail in the Project Description.

Regulatory Information
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.)-- also known as the CEQA Guidelines--Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels. A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the reasons why a proposed project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:

1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed MND and IS is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and

2. There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment.

Document Format
This IS/MND contains four chapters and four appendices. Introduction provides an overview of the proposed Project and the CEQA process. Project Description provides a detailed description of proposed City of Fowler
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 1-10 Project components and objectives.

Figure 2-6. Zone District Map
Chapter 1 Introduction
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 1-1 Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible mitigation measures. If the proposed Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the proposed Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 3 concludes with the Lead Agency’s determination based upon this initial evaluation. Mitigation Monitoring and Reporting Program (MMRP) provides the proposed mitigation measures, implementation timelines, and the entity/agency responsible for ensuring implementation.

The following technical documents are provided at the end of this document:

Appendix A CalEEMod Output Files
Appendix B Biological Resources Information
Appendix C Cultural Resources Information
Appendix D Soils Report
Chapter 2 Project Description
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2-2 Provost & Pritchard Consulting Group • October 2021 Project Description
Project Background and Objectives
Project Title
National Raisin Corporation: Marshall Estates II
Lead Agency Name and Address
City of Fowler
128 S. 5th Street
Fowler, CA 93625
Contact Person and Phone Number
Lead Agency Contact
Dawn E. Marple, City Planner
559-834-3113, ext. 122; Fax 559-834-0185
[email protected]
Project Location
The Project is currently located outside the City of Fowler in central Fresno County, approximately 270 miles south of Sacramento and 150 miles north of Bakersfield (see Figure 2-1). It is on the east side of South Armstrong Avenue between East Adams and East Hogan Avenues on Assessor’s Parcel Number 340-130-14, approximately one mile east of State Route 99 (SR 99).

Latitude and Longitude
The centroid of the Project area is 36°38'19"N, 119°40'15"W.

General Plan Designation Zoning
Table 2-1. Fowler General Plan Designation and County Zone District Fowler General Plan Designation Zone District
Low Density Residential AE-20 (County), R-1-10 (City; Proposed) Description of Project

2.1.7.1 Project Description
National Raisin Company is proposing to subdivide approximately 29 acres of agricultural and residential land north of the northeast corner of Adams Avenue and Armstrong Avenue in Fowler, California into a 74-lot single-family residential development. The lots range between 10,160 and 17,371 square feet in size. A park will be also be constructed.

Chapter 2 Project Description
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Provost & Pritchard Consulting Group • October 2021 2-3

2.1.7.2 Development of Subdivision
Development of the subdivision is expected to occur over a 2.5-year period with project construction beginning in 2022 and completed by mid-2024. At 3.2 persons per household, the 74-unit project will accommodate approximately 237 people.

Circulation within the site would be provided by a system of local roadways with two access points, one to Armstrong Avenue and one to Marshall Estates I (see Figure 2-4). It is proposed that the local streets be public.

A total of two (2) homes are located on the 29 acre site that would be demolished.

2.1.7.3 Utilities and Electrical Services
The City of Fowler provides water service within its corporate limits, including to the Project site. The water distribution system within the Project site would be provided and maintained by the City. Sanitary sewer service, including wastewater treatment, will be provided to the Project site by the Selma-Kingsburg-Fowler (SKF) County Sanitation District. Existing water and sewer mains are located along Armstrong Avenue and will provide connections for this Project. The stormwater collection will be connected to a proposed stormwater basin being constructed at the northeast corner of the Project site.

Electrical and gas service to the Project site would be provided by PG&E. AT&T would provide telephone service and cable television service would be provided by Comcast. The Applicant will be required to extend these services to the site.

Site and Surrounding Land Uses and Setting
The Project site is located northeast of downtown Fowler in an area once dominated by agriculture but now planned for urban uses. Land uses in the vicinity consist predominantly of low- and medium-density residential, public facilities, and farmland planned for eventual urban expansion.

As illustrated in Figure 2-3, the Project site is surrounded by an existing low-density, single-family residential subdivision to the east and several single-family residential homes to the southwest. Marshall Elementary School sits across Armstrong Avenue to the west and Fowler High School is across Adams Avenue to the south. The northern border of the Project consists of currently undeveloped agricultural land that has been designated for low-density residential use, beyond which is additional existing single-family development. In addition to Marshall Elementary School and Fowler High School, there are several other schools within 0.5 miles of the Project site.

Other Public Agencies Whose Approval May Be Required
• State Water Resources Control Board
• San Joaquin Valley Air Pollution Control District
• California Public Utilities Commission
• Selma-Kingsburg-Fowler County Sanitation District
• Fresno Local Agency Formation Committee (LAFCo)
Chapter 2 Project Description
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 2-4 Consultation with California Native American Tribes
Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14)) requires that a lead agency, within 14 days of determining that it will undertake a project, must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement will be made.

The City has received written correspondence from the Tachi-Yokut Tribe pursuant to Public Resources Code Section 21080.3.1 requesting notification of proposed projects. On June 21,2021, the City sent the Yokut Tribe a formal Notification of a Decision to Undertake a Project, and Notification of Consultation Opportunity, including a Project description of the TSM No. 21-0015 applications. In accordance with the law, the letter provided 30 days from receipt of the letter to request consultation in writing. No request for consultation was made for the Project.

Chapter 2 Project Description
Marshall Estates II
2-5 Provost & Pritchard Consulting Group • October 2021 Figure 2-1. Regional Location Map
Chapter 2 Project Description
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 2-6 Figure 2-2. Topographic Quadrangle Map
Chapter 2 Project Description
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 2-7 Figure 2-3. Area of Potential Effect Map
Chapter 2 Project Description
Marshall Estates II
2-8 Provost & Pritchard Consulting Group • October 2021 Figure 2-4. Site Plan
Chapter 2 Project Description
Marshall Estates II
2-9 Provost & Pritchard Consulting Group • October 2021 Figure 2-5. General Plan Land Use Designation Map
Chapter 2 Project Description
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 2-10 Figure 2-6. Zone District Map
Chapter 3 Impact Analysis
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-1 Impact Analysis
Environmental Factors Potentially Affected
As indicated by the discussions of existing and baseline conditions, and impact analyses that follow in this Chapter, environmental factors not checked below would have no impacts or less than significant impacts resulting from the project. Environmental factors that are checked below would have potentially significant impacts resulting from the project. Mitigation measures are recommended for each of the potentially significant impacts that would reduce the impact to less than significant.

Aesthetics Agriculture & Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance The analyses of environmental impacts here in Chapter 3 Impact Analysis are separated into the following categories:

Potentially Significant Impact. This category is applicable if there is substantial evidence that an effect may be significant, and no feasible mitigation measures can be identified to reduce impacts to a less than significant level. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

Less than Significant with Mitigation Incorporated. This category applies where the incorporation of mitigation measures would reduce an effect from a “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measure(s), and briefly explain how they would reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced).

Less than Significant Impact. This category is identified when the proposed Project would result in impacts below the threshold of significance, and no mitigation measures are required.

No Impact. This category applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show that the impact does not apply to the specific project (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

Chapter 3 Impact Analysis – Aesthetics Resources
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-2 Aesthetics
Table 3-1. Aesthetics Impacts
Aesthetics Impacts
Except as provided in Public Resources Code
Section 21099, would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Environmental Setting and Baseline Conditions
The Project site is located along the floor of the San Joaquin Valley in northeast Fowler, which lies along State Route 99. The predominant landscape feature of the San Joaquin Valley is a wide variety of agricultural land.

Regional views from the valley floor are generally limited due to the flatness of the region, however, on clear days the Sierra Nevada Mountains are visible to the east. The City is characterized as a freestanding city with small town atmosphere surrounded by agricultural land. As one of the cities along the Fresno County Blossom Trail, Fowler offers scenic views of blossoming orchards from February to March.

The Project site currently contains two homes, 17 acres of grapes, and vacant land. The site would be visible from the nearby Marshall Elementary School and from the residences to the north and east. The Project lies within an area designated as low density residential. The surrounding area is considered rural and low density, with agricultural land developed with a single-family residence to the west of the Project site. There are no scenic vistas on the Project site or in the vicinity. There are no designated State scenic highways within the City or surrounding area. In Fresno County, a portion of State Route 180 (SR 180) has been officially identified by Caltrans as a “designated State Scenic Highway,” however, that segment is approximately 18 miles northeast of the Project site.

Impact Assessment
a) Would the project have a substantial adverse effect on a scenic vista? Less than Significant Impact. Scenic features in the vicinity may include the vast expanse of agricultural uses.

The Project site is not within the viewshed of any water features or scenic vistas. Furthermore, the Project site does not stand out from its surroundings in any remarkable fashion. Impacts would be less than significant.

Chapter 3 Impact Analysis – Aesthetics Resources
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-3 b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. In Fresno County, a portion of State Route 180 (SR 180) has been officially identified by Caltrans as a “designated State Scenic Highway.” However, Project activities would occur approximately 18 miles southwest and do not have the potential to affect the highway. There would be no impact. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public view are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. The existing visual character of the Project site and its surroundings consist of urban development, schools, and agricultural land. To the west, the Project site is surrounded by agricultural and rural infrastructure such as vineyards, irrigation standpipes, and wells. It could be argued that the development of a subdivision could visually degrade the visual character of the surrounding agricultural land.

However, the Project would create development consistent with the City of Fowler General Plan and would likely increase the quality of the visual character. Furthermore, the residential development will offer attractive landscaping and architectural design to reduce any visual effect to the surrounding properties and conform with the existing character of the neighboring community. Any impacts would be less than significant. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. Implementation of the Project would create new sources of light typical of urban development. Nighttime lighting levels would increase over current levels, as sources of new and nighttime lighting and illumination would include, but are not necessarily limited to, lighting from the new residential use, lights associated with vehicular travel (i.e., car headlights), and street lighting. Increased nighttime lighting and illumination could result in adverse effects to adjacent land uses through the “spilling over” of light into these areas and “sky glow” conditions. However, all future development under the Project would have to comply with Title 9 of the City of Fowler Zoning Ordinance, which ensures that proposed lighting is so arranged as to deflect the light away from adjoining properties. This would assist in reducing potential impacts associated with daytime glare and nighttime light. As such, any potential light and glare would be reduced to a less than significant impact.

Chapter 3 Impact Analysis – Agriculture and Forestry
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-4 Agriculture and Forestry Resources
Table 3-2. Agriculture and Forest Impacts
Agriculture and Forest Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
Environmental Setting and Baseline Conditions
The Project is located in California’s central San Joaquin Valley in Fresno County and more specifically within the City of Fowler. Fresno County is located within California’s agricultural heartland. In 2019, Fresno County ranked was the top agricultural county in the State in the annual market value of farm products.1 A wide range of commodities are grown in the county, with major production of milk, poultry, livestock, and other animal commodities, row crops, nuts and fruit tree crops, and vegetables. Rich soil; irrigation water; Mediterranean climate; and steady access to local, national, and global markets make this possible.

Farmland Mapping and Monitoring Program (FMMP): The FMMP produces maps and statistical data used for analyzing impacts to California’s agricultural resources. Agricultural land is rated according to soil quality and irrigation status; the best quality land is called Prime Farmland. The maps are updated every two years with the use of a computer mapping system, aerial imagery, public review, and field reconnaissance.

The California DOC’s FMMP is a non-regulatory program that produces "Important Farmland" maps and statistical data used for analyzing impacts on California’s agricultural resources. The Important Farmland maps 1 USDA. California County Agricultural Commissioners’ Reports 2020. https://www.cdfa.ca.gov/Statistics/PDFs/2020_Ag_Stats_Review.pdf Accessed 1 July 2021.

Chapter 3 Impact Analysis – Agriculture and Forestry
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-5 identify eight land use categories, five of which are agriculture related: prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, and grazing land – rated according to soil quality and irrigation status. Each is summarized below:
• PRIME FARMLAND (P): Farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. • FARMLAND OF STATEWIDE IMPORTANCE (S): Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.

As demonstrated in Figure 3-1, the FMMP for Fresno County designates the Project site as Prime Farmland and Farmland of Statewide Importance.

Impact Assessment
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less Than Significant Impact. As of 2018, the Project site was designated primarily as “Prime Farmland”, with a small section of “Farmland of Statewide Importance”, as shown on the Farmland Mapping and Monitoring Program maps. Although the Project site is designated as “Prime Farmland,” the conversion of the approximately 29 acres of farmland within City limits is not considered a significant impact. This area has been planned and zoned for urban development since the City of Fowler General Plan was adopted in 1976. As illustrated in Figure 3-1, there is no shortage of Prime Farmland in the Central Valley. The 29-acre Project site represents approximately 0.004 percent of Fresno County’s 678,103 acres of Prime Farmland. Impacts would be less than significant.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Although the Project site has historically been used for agriculture, it is not subject to a Williamson Act contract, nor are the adjacent properties. The Project site was designated for low density residential uses in the City of Fowler General Plan and will be zoned as low-density residential following its annexation to the City. The Project site is surrounded by urban neighborhood and schools in all directions. Implementation of the Project will not conflict with existing zoning for agricultural use or a Williamson Act contract. There will be no impact.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? c-d) No Impact. There are no forest lands or timberlands within the Project site or vicinity. There will be no impact.
e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. As discussed in Impact Assessments II a-d, implementation of the Project would not impinge on the existing agricultural productivity in the area nor would it result in significant conversion of Farmland to Chapter 3 Impact Analysis – Agriculture and Forestry
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-6 non-agricultural use or conversion of forest land to non-forest use. Although the site has been used for agriculture in the past, it is not currently in production. Surrounding areas are comprised of urban neighborhoods and schools.

Chapter 3 Impact Analysis – Agriculture and Forestry
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-7 Figure 3-1. Farmland Designation Map
Chapter 3 Impact Analysis – Air Quality
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-8 Air Quality
Table 3-3. Air Quality Impacts
Air Quality Impacts
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control district
may be relied upon to make the following
determinations. Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
Environmental Setting and Baseline Conditions

3.4.1.1 Regulatory Attainment Designations
Under the CCAA, the CARB is required to designate areas of the State as attainment, nonattainment, or unclassified with respect to applicable standards. An “attainment” designation for an area signifies that pollutant concentrations did not violate the applicable standard in that area. A “nonattainment” designation indicates that a pollutant concentration violated the applicable standard at least once, excluding those occasions when a violation was caused by an exceptional event, as defined in the criteria. Depending on the frequency and severity of pollutants exceeding applicable standards, the nonattainment designation can be further classified as serious nonattainment, severe nonattainment, or extreme nonattainment, with extreme nonattainment being the most severe of the classifications. An “unclassified” designation signifies that the data does not support either an attainment or nonattainment designation. The CCAA divides districts into moderate, serious, and severe air pollution categories, with increasingly stringent control requirements mandated for each category.

The EPA designates areas for ozone, CO, and NO2 as “does not meet the primary standards,” “cannot be classified,” or “better than national standards.” For SO2, areas are designated as “does not meet the primary standards,” “does not meet the secondary standards,” “cannot be classified,” or “better than national standards.” However, the CARB terminology of attainment, nonattainment, and unclassified is more frequently used. The EPA uses the same sub-categories for nonattainment status: serious, severe, and extreme. In 1991, EPA assigned new nonattainment designations to areas that had previously been classified as Group I, II, or III for PM10 based on the likelihood that they would violate national PM10 standards. All other areas are designated “unclassified.”
The State and national attainment status designations pertaining to the SJVAB are summarized in Appendix A. The SJVAB is currently designated as a nonattainment area with respect to the State PM10 standard, ozone, and PM2.5 standards. The SJVAB is designated nonattainment for the NAAQS 8-hour ozone and PM2.5 standards. On September 25, 2008, the EPA re-designated the San Joaquin Valley to attainment status for the PM10 NAAQS and approved the PM10 Maintenance Plan.

Chapter 3 Impact Analysis – Air Quality
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-9 Table 3-4. Summary of Ambient Air Quality Standards and Attainment Designation Pollutant Averaging
Time
California Standards* National Standards*
Concentration* Attainment
Status Primary Attainment Status
Ozone
(O3)
1-hour 0.09 ppm Nonattainment/
Severe –
No Federal
Standard
8-hour 0.070 ppm Nonattainment 0.075 ppm
Nonattainment
(Extreme)**
Particulate Matter
(PM10)
AAM 20 μg/m3
Nonattainment
–
Attainment
24-hour 50 μg/m3 150 μg/m3
Fine Particulate
Matter (PM2.5)
AAM 12 μg/m3
Nonattainment
12 μg/m3
Nonattainment
24-hour No Standard 35 μg/m3
Carbon Monoxide
(CO)
1-hour 20 ppm
Attainment/
Unclassified
35 ppm
Attainment/
Unclassified
8-hour 9 ppm 9 ppm
8-hour
(Lake Tahoe) 6 ppm –
Nitrogen Dioxide
(NO2)
AAM 0.030 ppm
Attainment
53 ppb Attainment/
Unclassified 1-hour 0.18 ppm 100 ppb
Sulfur Dioxide
(SO2)
AAM –
Attainment
--
Attainment/
Unclassified
24-hour 0.04 ppm --
3-hour – 0.5 ppm
1-hour 0.25 ppm 75 ppb
Lead (Pb)
30-day Average 1.5 μg/m3
Attainment
–
No Designation/
Classification
Calendar Quarter –
--
Rolling 3-Month
Average – 0.15 μg/m3
Sulfates (SO4) 24-hour 25 μg/m3 Attainment
No Federal Standards
Hydrogen Sulfide
(H2S) 1-hour 0.03 ppm (42 μg/m3)
Unclassified
Vinyl Chloride
(C2H3Cl) 24-hour 0.01 ppm
(26 μg/m3)
Attainment
Visibility-Reducing
Particle Matter 8-hour
Extinction
coefficient: 0.23/kmvisibility of 10 miles
or more due to
particles when the
relative humidity is
less than 70%.

Unclassified
* For more information on standards visit: https://ww3.arb.ca.gov/research/aaqs/aaqs2.pdf ** No Federal 1-hour standard. Reclassified extreme nonattainment for the Federal 8-hour standard [date]. ***Secondary Standard
Source: CARB 2015; SJVAPCD 2015
Chapter 3 Impact Analysis – Air Quality
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-10 Impact Assessment
This analysis was prepared using CalEEmod, Version 2020.4.0 for the proposed Project in September 2021.

The CalEEMod Output Files can be found in Appendix A. The sections below detail the methodology of the air quality and greenhouse gas emissions analysis.

3.4.2.1 Short-Term Construction-Generated Emissions
Short-term construction emissions associated with the Project were calculated using CalEEmod, Version 2020.4.0. The emissions modeling includes emissions generated by off-road equipment, haul trucks, and worker commute trips. Emissions were quantified based on anticipated construction schedules and construction equipment requirements provided by the Project applicant. All remaining assumptions were based on the default parameters contained in the model. Localized air quality impacts associated with the Project would be minor and were qualitatively assessed. Modeling assumptions and output files are included in Appendix A.

3.4.2.2 Long-Term Operational Emissions
Long-term operational emissions utilized default assumptions, as well as newer vehicular trip generation rates, default values provided by the SJVAPCD, and the implementation of SJVAPCD rules. Modeling assumptions and output files are included in Appendix A.

3.4.2.3 Thresholds of Significance
To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD has published the Guide for Assessing and Mitigating Air Quality Impacts. This guidance document includes recommended thresholds of significance to be used for the evaluation of short-term construction, long-term operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD-recommended thresholds of significance are used to determine whether implementation of the proposed Project would result in a significant air quality impact. Projects that exceed these recommended thresholds would be considered to have a potentially significant impact to human health and welfare. The thresholds of significance are summarized, as follows:

Short-Term Emissions of Particulate Matter (PM10): Construction impacts associated with the proposed Project would be considered significant if the feasible control measures for construction in compliance with Regulation VIII as listed in the SJVAPCD guidelines are not incorporated or implemented, or if project-generated emissions would exceed 15 tons per year (TPY).

Short-Term Emissions of Ozone Precursors (ROG and NOX): Construction impacts associated with the proposed Project would be considered significant if the project generates emissions of Reactive Organic Gases (ROG) or NOX that exceeds 10 TPY.

Long-Term Emissions of Particulate Matter (PM10): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of PM10 that exceed 15 TPY.

Long-Term Emissions of Ozone Precursors (ROG and NOX): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of ROG or NOX that exceeds 10 TPY.

Conflict with or Obstruct Implementation of Applicable Air Quality Plan: Due to the region’s nonattainment status for ozone, PM2.5, and PM10, if the project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NOx) or PM10 would exceed the SJVAPCD’s significance thresholds, then the project would be considered to conflict with the attainment plans. In addition, if the project would result in a change in land use and corresponding increases in vehicle miles traveled, the project may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans.

Chapter 3 Impact Analysis – Air Quality
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-11 Local Mobile-Source CO Concentrations: Local mobile source impacts associated with the proposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the CAAQS (i.e. 9.0 ppm for 8 hours or 20 ppm for 1 hour).

Toxic Air Contaminants: Exposure to toxic air contaminants (TAC) would be considered significant if the probability of contracting cancer for the Maximally Exposed Individual (i.e., maximum individual risk) would exceed 20 in 1 million or would result in a Hazard Index greater than 1.

Odors: Odor impacts associated with the proposed Project would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. As noted in Impact Assessments impact-b and impact-c below, implementation of the Project would not result in short-term or long-term increases in emissions that would exceed applicable thresholds of significance. Projects that do not exceed the recommended thresholds would not be considered to conflict with or obstruct the implementation of applicable air quality plans. Impacts would be less than significant.
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. Construction-generated emissions are temporary in duration, site improvements and construction of the homes will take place over 2.5 years. The construction of the Project would result in the temporary generation of emissions associated with site grading and excavation, motor vehicle exhaust associated with construction equipment and worker trips, as well as the movement of construction equipment on unpaved surfaces. Estimated construction-generated emissions and operational emissions are summarized in Table 3-5. Operational emissions would occur from vehicular trips, area sources such as fireplaces, and energy sources from the combustion of natural gas. These emissions are summarized in Table 3-6.

Table 3-5. Unmitigated Short-Term Construction-Generated Emissions of Criteria Air Pollutants Source
Annual Emissions (Tons/Year) (1)
ROG NOX CO PM10 PM2.5 SOx
2021 0.1327 1.3670 0.8770 0.2197 0.0597 0.0016
2022 0.2583 2.3675 2.3824 0.2142 0.1390 0.0044
2023 0.4928 1.7013 2.0144 0.1113 0.0845 0.0036
2024 0.2027 0.0086 0.0134 0.0007 0.0005 0.0000
Maximum Annual Proposed Project Emissions: 0.4928 2.3675 2.3824 0.2197 0.139 0.0044 SJVAPCD Significance Thresholds: 10 10 100 15 15 27
Exceed SJVAPCD Thresholds? No No No No No No

1. Emissions were quantified using CalEEmod Output Files Version 2020.4.0. Refer to Appendix A for modeling results and assumptions.

Totals may not sum due to rounding.

Chapter 3 Impact Analysis – Air Quality
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-12 Table 3-6. Unmitigated Long-Term Operational Emissions
Source
Annual Emissions (Tons/Year) (1)
ROG NOX CO PM10 PM2.5 SOx
Maximum Annual Project Emissions: 0.9165 0.5017 3.0499 0.7551 0.2133 0.0076 SJVAPCD Significance Thresholds: 10 10 100 15 15 27
Exceed SJVAPCD Thresholds? No No No No No No

2. Emissions were quantified using CalEEmod Output Files Version 2020.4.0. Refer to Appendix A for modeling results and assumptions.

Totals may not sum due to rounding.

As Project emissions will not exceed established thresholds, impacts would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Section 3 of the SJVAPCD Guide for Assessing and Mitigating Air Quality Impacts defines a sensitive receptor as a location where human populations, especially children, seniors, and sick persons are present and where there is a reasonable expectation of human exposure to pollutants. Sensitive receptors normally refer to people with heightened sensitivity to localized, rather than regional pollutants. The Project does not include any project components identified by the California Air Resources Board that could potentially impact any sensitive receptors. These include heavily traveled roads, distribution centers, fueling stations and dry cleaning operations. Therefore, the Project would not expose sensitive receptors to substantial pollutant concentrations. There would be a less than significant impact. d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. Implementation of the Project would not result in long-term emissions of odors.

However, construction would involve the use of a variety of gasoline- or diesel-powered equipment that would emit exhaust fumes. Similarly, infrequent use of the diesel-powered emergency back-up generator may occasionally produce an odorous exhaust. Exhaust fumes, particularly diesel exhaust, may be considered objectionable by some people. The Project is located within an area dominated by agricultural production, which includes the use of diesel-powered equipment and various odorous chemicals on a regular basis.

Construction activities would be short-term in nature, as would be the infrequent use of the emergency generator. Conditions created by Project-related activities would not vary substantially from the baseline conditions routinely experienced onsite and in the vicinity. Impacts would be less than significant.

Chapter 3 Impact Analysis – Biological Resources
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-13 Biological Resources
Table 3-7. Biological Resources Impacts
Biological Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish
and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
Environmental Setting and Baseline Conditions
The agricultural community of Fowler which includes the Project site lies within the lower San Joaquin Valley, part of the Great Valley of California. The Valley is bordered by the Sierra Nevada Mountain Ranges to the east, the Coast Ranges to the west, the Klamath Mountains and Cascade Range to the north, and the Transverse Ranges and Mojave Desert to the south.

The approximately 29-acre Project site has historically been used for agricultural production, the site currently consists of recently-disced, barren, ruderal land on the southern portion and grape vines on the northern portion. The Project area is bordered by urban development to the north and east, agricultural land to the west, and more recently-disced, barren, ruderal land immediately south. (see Figure 2-3) Soils in the Project APE consist of Hesperia fine sandy loam, Exeter loam, and Hanford sandy loam, which is typically dry from early Chapter 3 Impact Analysis – Biological Resources
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Adjacent land uses consist of residential homes and public school facilities. The City is located within the Kennedy Pond watershed; Hydrologic Unit Code (HUC): 180300090206. 2 The San Joaquin River and the Kings River are the two principal river systems within this watershed and the San Joaquin Valley, and the City is located approximately 18 miles south of the San Joaquin River and 9 miles west of the Kings River. There are no tributaries or distributaries located within the site boundaries or adjacent to the site.

As part of a desktop analysis of potential Project-related impacts to biological resources, on September 13, 2021, a thorough search of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) for published accounts of special status plant and animal species was conducted for the Malaga 7.5-minute quadrangle that contains the Project site in its entirety, and for the eight surrounding quadrangles: Fresno North, Clovis, Round Mountain, Fresno South, Sanger, Caruthers, Conejo, and Selma.

These species, and their potential to occur within the Project area are listed in Table 3-8 and Table 3-9 on the following pages. Raw data obtained from CNDDB is available in Appendix B at the end of this document.

Other sources of information utilized in the preparation of this analysis included the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Vascular Plants of California, CalFlora’s online database of California native plants, the Jepson Herbarium online database (Jepson eFlora), United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System (ECOS), the NatureServe Explorer online database, the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Plants Database, CDFW California Wildlife Habitat Relationships (CWHR) database, ebird.org, and the California Herps online database.

Table 3-8. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity Species Status Habitat Occurrence on Project Site
American badger
(Taxidea taxus)
CSC Grasslands, savannas, and mountain
meadows near timberline are
preferred. Most abundant in drier
open spaces of shrub and grassland.

Burrows in soil.

Unlikely - This species prefers
uncultivated grasslands with friable
soils for burrowing. Friable soils and
ground squirrel population may be
present within the APE, but the years
of cultivation and frequent
disturbance would generally make the
site unsuitable for this species. The
most recent observation of this
species was recorded in 1987 north
of the Project site.
burrowing owl
(Athene cunicularia)
CSC Resides in open, dry annual or
perennial grasslands, deserts, and
scrublands with low growing
vegetation. Nests underground in
existing burrows created by
mammals, most often ground
squirrels.

Possible - The disturbed habitats of
the APE would Generally be
unsuitable for this species; however,
if the fallowed portion of the APE is
not maintained, this species may use
the fallowed land to form burrows.

California glossy
snake (Arizona
elegans occidentalis)
CSC Inhabits arid scrub, rocky washes,
grasslands, and chaparral. Prefers
open areas with loose soil for easy
burrowing.

Unlikely - The disturbed habitats of
the APE are unsuitable for this
species. Furthermore, the Project area
is outside of the known range of this
species. The nearest known
occurrence of this species was
recorded approximately 9 miles
northwest of the Project area in 1946.
2 EPA Waters GeoViewer. https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=ada349b90c26496ea52aab66a092593b Accessed 13 September 2021
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California tiger
salamander central
California DPS
(Ambystoma
californiense)

FT, CT,
CWL
Requires vernal pools or seasonal
ponds for breeding and small
mammal burrows for aestivation.

Generally found in grassland and
oak savannah plant communities in
central California from sea level to
1500 feet in elevation.

Absent - The disturbed habitats of
the APE and surrounding lands are
generally unsuitable for this species.

Vernal pool habitat suitable for
breeding is absent from the APE.
coast horned lizard
(Phrynosoma
blainvillii)
CSC Found in grasslands, coniferous
forests, woodlands, and chaparral,
primarily in open areas with patches
of loose, sandy soil and low-lying
vegetation in valleys, foothills, and
semi-arid mountains. Frequently
found near ant hills and along dirt
roads in lowlands along sandy
washes with scattered shrubs.

Absent - The disturbed habitats of
the APE are unsuitable for this
species. The nearest known
occurrence of this species was
recorded approximately 9 miles
northwest of the Project area over
100 years ago.

Crotch bumble bee
(Bombus crotchii)
CCE Occurs throughout coastal
California, as well as east to the
Sierra-Cascade crest, and south in to
Mexico. Food plant genera include
Antirrhinum, Phacelia, Clarkia,
Dendromecon, Eschscholzia, and
Eriogonum.

Unlikely – The disturbed habitats of
the APE are unsuitable for this
species. The last recorded date site
last seen was April 29, 1899, and the
exact location is unknown .
double-crested
cormorant
(Phalacrocorax
auratus)
CWL Colonial nester on coastal cliffs,
offshore islands, and along lake
margins in the interior of the state.

Nests along coast on sequestered
islets, usually on ground with
sloping surface, or in tall trees along
lake margins.

Absent – The disturbed habitats of
the APE are unsuitable for this
species. This species needs to be
near a water source which is also
absent from the APE. The last
recorded date site was in May 2012 in
the vicinity of Fresno.

Fresno kangaroo rat
(Dipodomys
nitratoides exilis)
FE, CE An inhabitant of alkali sink open
grassland environments in western
Fresno County. Prefers bare,
alkaline, clay-based soils subject to
seasonal inundation with more
friable soil mounds around shrubs
and grasses.

Unlikely The highly disturbed
habitats of the APE and surrounding
lands are unsuitable for this species.

The nearest known occurrence of
this species was recorded in the
Fresno area over 100 years ago. This
historical observation has since been
updated to “extirpated” in the
CNDDB.
least Bell’s vireo
(Vireo bellii pusillus)
FE, CE This migratory species breeds in
southern California. Breeding
habitat consists of dense, low,
shrubby, riparian vegetation in the
vicinity of water or dry river
bottoms. By the early 1980s, this
species was extirpated from most of
its historic range in California,
including the Central Valley. This
species now occurs exclusively along
the coast of southern California
(USFWS, 1998).

Absent - The APE is outside of the
known current range of this species.

Riparian habitat is absent from the
Project site and surrounding areas.
northern California
legless lizard (Anniella
pulchra)
CSC Found primarily underground,
burrowing in loose, sandy soil.

Forages in loose soil and leaf litter
during the day. Occasionally
Unlikely - The disturbed habitats of
the APE are unsuitable for this
species. The nearest known
occurrence of this species was
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observed on the surface at dusk and
night.
recorded approximately 9 miles
northwest of the Project APE over
100 years ago.
pallid bat (Antrozous
pallidus)
CSC Found in grasslands, chaparral, and
woodlands, where it feeds on
ground- and vegetation-dwelling
arthropods, and occasionally takes
insects in flight. Prefers to roost in
rock crevices, but may also use tree
cavities, caves, bridges, and other
man-made structures.

Possible - Roosting habitat is
possible in the existing trees and
buildings around the APE; however,
foraging habitat is marginal, at best.

The nearest known occurrence of
this species was recorded in 1909 in
the vicinity of Fresno.

San Joaquin kit fox
(Vulpes macrotis
mutica)
FE, CT Underground dens with multiple
entrances in alkali sink, valley
grassland, and woodland in valleys
and adjacent foothills.

Unlikely - The highly disturbed
habitats of the APE and
fragmentation of the surrounding
lands are generally unsuitable for this
species. The Project is located
approximately 60 miles east of the
nearest known core population in
Ciervo-Panoche Natural Area.

Although some populations of San
Joaquin Kit Fox in other parts of
California have adapted to an
urbanized environment, modern kit
fox occurrences are locally scarce. At
most, this species could pass through
the APE during dispersal
movements.

Swainson’s hawk
(Buteo swainsoni)
CT Nests in large trees in open areas
adjacent to grasslands, grain or
alfalfa fields, or livestock pastures
suitable for supporting rodent
populations.

Possible - Requires adjacent suitable
foraging areas such as grasslands, or
alfalfa or grain fields supporting
rodent populations. There are trees
large enough for nesting surrounding
the APE within a 0.5-mile radius that
could serve as suitable habitat for this
species
tricolored blackbird
(Agelaius tricolor)
CT, CSC Nests colonially near fresh water in
dense cattails or tules, or in thickets
of riparian shrubs. Forages in
grassland and cropland. Large
colonies are often found on dairy
farm forage fields.

Absent - Suitable nesting and
foraging habitat is absent from the
APE and surrounding lands.
valley elderberry
longhorn beetle
(Desmocerus
californicus
dimorphus)
FT Lives in mature elderberry shrubs of
the Central Valley and foothills.

Adults are active March to June.

Unlikely – Due to the high
disturbance of the area and
maintained landscape, suitable
elderberry habitat is unlikely to be
found within the APE.
vernal pool fairy
shrimp (Branchinecta
lynchi)
FT Occupies vernal pools, clear to teacolored water, in grass or mudbottomed swales, and basalt depression pools.

Absent - Suitable vernal pool habitat
for this species is absent from the
APE and surrounding lands. The
existing soil matrix does not support
pooling.
western mastiff bat
(Eumops perotis
californicus)
CSC Found in open, arid to semi-arid
habitats, including dry desert
washes, flood plains, chaparral, oak
woodland, open ponderosa pine
Possible - Roosting habitat is
possible in the existing trees and
buildings around the APE; however,
foraging habitat is marginal, at best.

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forest, grassland, and agricultural
areas, where it feeds on insects in
flight. Roosts most commonly in
crevices in cliff faces but may also
use high buildings and tunnels.

The nearest known occurrence of
this species was recorded
approximately 6 miles west of the
APE in 1958.
western pond turtle
(Emys marmorata)
CSC An aquatic turtle of ponds, marshes,
slow-moving rivers, streams, and
irrigation ditches with riparian
vegetation. Requires adequate
basking sites and sandy banks or
grassy open fields to deposit eggs.

Absent - There are no water features
onsite or in the vicinity of the APE.

The nearest observation of this
species was recorded in 2016
approximately 16 miles north of the
APE.
western spadefoot
(Spea hammondii)
CSC Prefers open areas with sandy or
gravelly soils, in a variety of habitats
including mixed woodlands,
grasslands, coastal sage scrub,
chaparral, sandy washes, lowlands,
river floodplains, alluvial fans,
playas, alkali flats, foothills, and
mountains. Vernal pools or
temporary wetlands, lasting a
minimum of three weeks, which do
not contain bullfrogs, fish, or
crayfish are necessary for breeding.

Unlikely - The highly disturbed
habitats of the APE and surrounding
lands are generally unsuitable for this
species. Wetland habitat suitable for
breeding is absent from the APE and
potential aestivation habitat is
marginal due to frequent grounddisturbance.
western yellow-billed
cuckoo (Coccyzus
americanus
occidentalis)
FT, CE Suitable nesting habitat in California
includes dense riparian willowcottonwood and mesquite habitats along a perennial river. Once a
common breeding species in
riparian habitats of lowland
California, this species currently
breeds consistently in only two
locations in the State: along the
Sacramento and South Fork Kern
Rivers.

Absent - Suitable nesting habitat for
this species is absent from the APE
and surrounding lands. All of the
local observations were recorded
over 100 years ago, and the
populations are presumed extirpated.

It is believed this species no longer
occurs within Fresno County.

Table 3-9. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity Species Status Habitat Occurrence on Project Site
alkali-sink goldfields
(Lasthenia
chrysantha)
CNPS 1B Found in vernal pool and wet saline
flat habitats. Occurences
documented in the San Joaquin and
Sacremento Valleys at elevatiosn
below 656 feet. Blooms February -
April.

Unlikely - The nearest observation of
this species was recorded in the
vicinity 4-miles north of Laton, in
1934. The population occurrence in
the CNDDB has been updated to
extirpated, as all habitat in the vicinity
has been eliminated by urbanization
and agriculture.
bristly sedge
(Carex comosa)
CNPS
2B
Found in marshes, swamps, coastal
prairie, valley and foothill grassland.

Occurs in wet places. Elevation
1410 to 2035 feet. Blooms MaySeptember.

Unlikely - The nearest observation of
this species was recorded in the
vicinity southeast of Sanger, in the late
1980’s. The population occurrence in
the CNDDB has been updated to
extirpated, as all habitat in the vicinity
has been eliminated by urbanization
and agriculture.

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California jewelflower
(Caulanthus
californicus)

FE, CE,
CNPS 1B
Found in the San Joaquin Valley and
Western Transverse Ranges in sandy
soils. Occurs on flats and slopes,
generally in non-alkaline grassland at
elevations between 230 feet and
6100 feet. Blooms February–April.

Unlikely - The nearest observation of
this species was recorded in the
vicinity of Fresno in the 1980s. The
population occurrence in the CNDDB
has been updated to extirpated, as all
habitat in the vicinity has been
eliminated by urbanization and
agriculture.

California satintail
(Imperata brevifolia)
CNPS 2B Although this facultative species is
equally likely to occur in wetlands
and non-wetlands, it is often found
in wet springs, meadows,
streambanks, and floodplains at
elevations below 1600 feet. Blooms
September – May.

Unlikely – Suitable habitat is absent
from the APE. The last recorded
observation was in Fresno County in
the late 1890s and its exact location is
unknow.
forked hare-leaf
(Lagophylla
dichotoma)
CNPS 1B Found in cismontane woodland, and
valley and foothill grassland
communities at elevations between
600 feet and 1100 feet.

Absent - Suitable habitat is absent
from the APE. The Project APE is
outside of the elevation range for this
species
Greene’s tuctoria
(Tuctoria greenei)

FE, CR,
CNPS 1B
Found in the San Joaquin Valley and
other parts of California in vernal
pools within valley grassland,
wetland, and riparian communities
at elevations below 3500 feet.

Blooms May – September.

Absent - Suitable habitat is absent
from the APE. Last date seen was
recorded in the late 1980s 4-miles
north of Sanger which is
approximately 12-miles from the APE.

Madera leptosiphon
(Leptosiphon
serrulatus)
CNPS 1B Found in openings in foothill
woodland, often yellow-pine forest,
and chaparral at elevations between
1000 feet and 4300 feet. Blooms
April – May.

Absent - Suitable habitat is absent
from the APE. Last date seen was
recorded in the 1920s, near Fresno.

San Joaquin adobe
sunburst
(Pseudobahia
peirsonii)

FT, CE,
CNPS 1B
Found in the San Joaquin Valley and
the Sierra Nevada Foothills in bare
dark clay soils in valley and foothill
grassland and cismontane woodland
communities at elevations between
325 feet and 2950 feet. Blooms
March–May.

Absent - Suitable habitat is absent
from the APE. due to established
agricultural lands.

San Joaquin Valley
Orcutt grass (Orcuttia
inaequalis)

FT, CE,
CNPS 1B
Found in the eastern San Joaquin
Valley and the Sierra Nevada
foothills in vernal pools within
valley grassland, freshwater wetland,
and wetland-riparian communities at
elevations below 2600 feet. Blooms
April – September.

Absent - Suitable habitat is absent
from the APE. due to the established
agricultural lands and nearby
residences.

Sanford’s arrowhead
(Sagittaria sanfordii)
CNPS 1B Found in the San Joaquin Valley and
other parts of California in
freshwater-marsh, primarily ponds
and ditches, at elevations below
1000 feet. Blooms May–October.

Absent - Suitable habitat is absent
from the APE due to established
agricultural lands with nearby
residences. The soils in the APE
consist of Hesperia fine sandy loam,
Exeter loam and Hanford sandy loam
which do not support the creation of
vernal pools.
spiny-sepaled buttoncelery (Eryngium
spinosepalum)
CNPS 1B Found in the Sierra Nevada
Foothills and the San Joaquin
Valley. Occurs in vernal pools,
Absent - Suitable habitat is absent
from the APE due toagricultural lands
and nearby residences. The soils in the
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swales, and roadside ditches. Often
associated with clay soils in vernal
pools within grassland communities.

Occurs at elevations between 50 feet
and 4160 feet. Blooms April–July.

APE consist of Hesperia fine sandy
loam, Exeter loam and Hanford sandy
loam which do not support the
creation of vernal pools.
succulent owl’s-clover
(Castilleja campestris
var. succulenta)

FT, CE,
CNPS 1B
Found in vernal pools, often in
acidic soils at elevations below 2500
feet. Blooms April – July.

Absent - Vernal pool habitat is absent
from the Project APE. Project area is
established agricultural lands with
nearby residences.

EXPLANATION OF OCCURRENCE DESIGNATIONS AND STATUS CODES

Present: Species observed on the site at time of field surveys or during recent past.

Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis.

Possible: Species not observed on the site, but it could occur there from time to time.

Unlikely: Species not observed on the site, and would not be expected to occur there except, perhaps, as a transient.

Absent: Species not observed on the site, and precluded from occurring there due to absence of suitable habitat.

STATUS CODES
FE Federally Endangered CE California Endangered
FT Federally Threatened CT California Threatened
FPE Federally Endangered (Proposed) CCT California Threatened (Candidate) FPT Federally Threatened (Proposed) CFP California Fully Protected FC Federal Candidate CSC California Species of Special Concern CWL California Watch List
CCE California Endangered (Candidate)
CR California Rare

CNPS LISTING
1A Plants Presumed Extinct in California. 2 Plants Rare, Threatened, or Endangered in 1B Plants Rare, Threatened, or Endangered in California, but more common elsewhere.

California and elsewhere.

Impact Assessment
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than Significant Impact with Mitigation Incorporated. Ruderal habitats are characterized by a high level of human disturbance and absence of vegetation or dominated by non-native plant species. Ruderal areas within the Project vicinity have minimal value to wildlife due to the frequent human disturbance, presence of domestic dogs and cats, and the absence of vegetative cover. However, some disturbance-tolerant species may make incidental use of these ruderal lands. As discussed in Table 3-8 and Table 3-9 above, four possible special status species could occur onsite or within the surrounding area. In order to ensure protection of any special status species with potential to occur onsite, the following mitigation measures will be implemented:

BIO-1 (WEAP Training): Prior to initiating construction activities (including staging and mobilization), all personnel associated with Project construction shall attend mandatory Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in identifying special status resources that may occur in the Project area. The specifics of this program shall include identification of the sensitive species and suitable habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information, along with photographs or illustrations of sensitive species with potential to occur onsite, shall also be prepared for distribution to all contractors, their Chapter 3 Impact Analysis – Biological Resources
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BIO-2 (General Pre-construction Survey): A pre-construction survey for special status species shall be conducted by a qualified biologist within 30 days prior to the beginning of construction activities.

If sensitive biological resources are present onsite, the biologist shall establish an appropriate buffer zone and label sensitive resources or areas of avoidance with flagging, fencing, or other easily visible means. If avoidance is not feasible, CDFW and/or USFWS shall be consulted to determine the best course of action.

BIO-3 (Operational Hours): Construction activities shall be limited to daylight hours to reduce potential impacts to special status bats that could be foraging onsite.

Implementation of mitigation measures BIO-1, BIO-2 and BIO-3 will ensure protection of any special status species and reduce potential impacts to a less than significant level. Nesting birds, protected by the California Fish and Game Code and the Migratory Bird Treaty Act will be granted additional protective measures, as discussed under Impact Assessment d, below.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No Impact. Riparian habitat or other sensitive natural communities are nonexistent on the site or within the immediate vicinity.
c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact. The Project site does not contain any wetlands or other jurisdictional waters, and will have no impact on any such waters. The APE soils consist of Hesperia fine sandy loam, Exeter loam and Hanford Sandy loam which are well-drained soils. These soils are lacking a clay component that would allow for the creation of vernal pools. There would be no impact.
d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact with Mitigation Incorporated. Wildlife movement corridors are routes that animals regularly and predictably follow during seasonal migration, dispersal from native ranges, daily travel within home ranges, and inter-population movements. Movement corridors in California are typically associated with valleys, ridgelines, rivers and creeks supporting riparian vegetation. The APE does not contain features that would be likely to function as a wildlife movement corridor. There is the potential for nesting birds and bats to use existing trees and residential building with the APE and surrounding area. However, the APE is bordered by urban development and located in a region often disturbed by intensive agricultural cultivation practices and human disturbance which would typically discourage dispersal and migration.

Although trees, shrubs, and herbaceous cover are absent from a majority of the APE, some disturbance-tolerant avian species may find suitable nesting habitat within the APE, especially in the trees around the two residents located in the very northwest corner of the APE and on the southwest corner of the fallowed portion. Birds nesting onsite could be killed or injured by Project activities, and construction could disturb birds nesting adjacent to work areas, resulting in nest abandonment. In order to protect nesting birds, the Project will implement mitigation measures BIO-4, BIO-5, and BIO-6, listed below.

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BIO-4 (Avoidance): The Project’s construction activities shall occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.

BIO-5 (Pre-construction Nesting Bird Survey): If activities must occur within nesting bird season (February 1 to September 15), a qualified biologist shall conduct a presence/absence nesting bird survey within 10 days prior to the start of construction. The survey will include the proposed work area, including a 50-foot buffer zone and include a 0.5 mile visual inspection of the surrounding lands for Swainson’s Hawk nests. If no active nests are observed, no further mitigation is required. Active nests are generally defined by the presence of eggs or young; however, raptor nests are considered “active” upon the nest-building stage.

BIO-6 (Establish Buffers): On discovery of any active nests near work areas, the biologist shall determine appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines and/or the biology of the species in question. Construction buffers will be identified with flagging, fencing, or other easily visible means, and shall be maintained until the biologist has determined that the nestlings have fledged.

Implementation of mitigation measures BIO-4 through BIO-6 will ensure protection of nesting birds and reduce potential impacts to a less than significant level. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The City does not currently have an adopted ordinance related to tree preservation. The Project would not conflict with any potential local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinances and considering these as valuable resources that are worthy of conservation efforts. There would be no impacts to any local policies or ordinances protecting biological resources. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. No habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan is in effect for the area of the Project. There would be no impact.

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Table 3-10. Cultural Resources Impacts
Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a historical resource pursuant to in §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?
Environmental Setting and Baseline Conditions
Cultural resources can refer to prehistoric and historic archaeological sites, architectural properties like buildings, bridges, and other various infrastructure, and locations significant to Native Americans. Fresno County is an archaeologically and culturally significant area and has one of the densest Native American populations in North America. Archaeological sites associated with the Santa Rosa Rancheria Tachi Yokut Tribe exists throughout the County, particularly adjacent to existing and former natural waterways and food sources. Many Yokut sites have been located, and the potential for remaining undiscovered sites within the County is high.

The Project site is located on the east side of South Armstrong Avenue, between East Adams and East Hogan Avenues in the City of Fowler in Fresno County. The Project intends to subdivide approximately 29 acres, located on the east side of South Armstrong Avenue, for the creation of 74 single family residential lots.

3.6.1.1 Records Search
On July 6, 2021, Provost & Pritchard Consulting Group received results from a records search from the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS) at California State University, Bakersfield. The California Office of Historic Preservation (OHP) contracts with the CHRIS’s regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public. Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law (Appendix C).

The records search encompassed the 29-acres of the Project site plus all land within a half-mile radius of the Project site. SSJVIC staff examined site records files, maps, and other materials to identify previously recorded resources and prior surveys with the delineated area (Appendix C).

3.6.1.2 Native American Outreach
On July 13, 2016, the City received a letter from the Santa Rosa Rancheria Tachi Yokut Tribe pursuant to PRC § 21080.3.1 officially requesting notification of Projects within the Santa Rosa Rancheria’s geographic area of Chapter 3 Impact Analysis – Cultural Resources
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Provost & Pritchard Consulting Group • October 2021 3-23 traditional and cultural affiliation. On June 21, 2021, the City sent the Yokut Tribe a formal Notification of a Decision to Undertake a Project, and Notification of Consultation Opportunity, including a project description.

In accordance with the law, the letter provided 30 days from receipt of the letter to request consultation in writing. No request for consultation was made for the Project and less than significant impacts to tribal resources are expected.

Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to in §15064.5?
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less than Significant Impact with Mitigation Incorporated. A cultural resources records search of the Project location was requested to determine whether cultural resources are present within the Project area (see Appendix C). A CHRIS search results letter was received and according to the search, there are no recorded resources within the Project area, and it is not known if any exist there. There are two recorded resources within the one-half mile radius, P-10-002864 and P-10-004423. These resources are an historic era trash scatter and an historic era park, respectively. There are no recorded cultural resources within the project area or radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, or the California State Historic Landmarks.

It is unlikely that the Project has the potential to result in significant impacts or adverse effects to cultural or historical resources, such as archaeological remains, artifacts or historic properties. However, in the event that cultural resources are encountered during Project construction, implementation of mitigation measure CUL-1, outlined below, would reduce impacts to less than significant.

Mitigation Measure CUL-1: If, during construction, cultural resources are discovered, all work shall be halted within 50 feet of the discovery. A professional archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology shall be retained by the City to determine the significance of the discovery. Upon a finding of significance, the City shall implement the required mitigation (if any) as determined by the archaeologist. c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries? Less than Significant Impact with Mitigation Incorporated. There is no evidence or record that the Project has the potential to be an unknown burial site or the site of buried human remains. In the unlikely event of such a discovery, mitigation shall be implemented. With incorporation of mitigation measure CUL-2, outlined below, impacts resulting from the discovery of remains interred on the Project site would be less than significant.

Mitigation Measures CUL-2: In the event human remains are encountered during construction activities, all work within the vicinity of the remains shall halt in accordance with Health and Safety Code §7050.5, Public Resources Code §5097.98, and Section 15064.5 of the CEQA Guidelines, and the Fresno County coroner’s office would be contacted.

Chapter 3 Impact Analysis – Energy Resources
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Provost & Pritchard Consulting Group • October 2021 3-24 Energy
Table 3-11. Energy Impacts
Energy Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Environmental Setting and Baseline Conditions
PG&E has sufficient energy supplies to serve the growth that has occurred in Fresno County. Much of the energy consumed in the region is for residential, commercial, and transportation purposes. Much of the Project site is currently being used for agriculture, while the southern portion is vacant.

Impact Assessment
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. Fuel consumed by construction equipment would be the primary energy resource expended over the course of Project construction. For heavy-duty construction equipment, horsepower and load factor were assumed using default data from the CalEEMod model. Fuel use associated with construction vehicle trips generated by the Project was also estimated; trips include construction worker trips, haul trucks trips for material transport, and vendor trips for construction material deliveries. Fuel use from these vehicles traveling to the Project was based on (1) the projected number of trips the Project would generate (CalEEMod default values), (2) default average trip distance by land use in CalEEMod, and (3) fuel efficiencies estimated in the CARB 2017 Emissions Factors model (EMFAC2017) mobile source emission model.

Construction is estimated to consume a total of 99,178.75 gallons of diesel fuel and 19,533.25 gallons of gasoline fuel.3 California Code of Regulations Title 13, Motor Vehicles, Section 2449(d)(2), Idling, limits idling times of construction vehicles to no more than five (5) minutes, thereby precluding unnecessary and wasteful consumption of fuel because of unproductive idling of construction equipment. In addition, the energy consumption for construction activities would not be ongoing as they would be limited to the duration of Project construction.

The development’s anticipated annual energy consumption is approximately 590,073 kilowatt-hours and 17,792 therms of natural gas.4 Energy consumption of residential uses is currently governed by the 2019 California Building Code, Part 6 for the structure itself, and Title 20 of the California Code of Regulations for appliances.

Energy consumption is anticipated to decrease over time as more energy efficient standards take effect and 3 Emissions for the Project were quantified using CalEEMod Output Files Version 2020.4.0. Refer to Appendix A for modeling results and assumptions.
4 Emissions for the Project were quantified using CalEEMod Output Files Version 2020.4.0. Refer to Appendix A for modeling results and assumptions.

Chapter 3 Impact Analysis – Energy Resources
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Provost & Pritchard Consulting Group • October 2021 3-25 energy-consuming equipment reaches its end-of-life and necessitates replacement. Therefore, impacts would be less than significant.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. State and local authorities regulate energy use and consumption. These regulations at the State level intended to reduce energy use and greenhouse gas (GHG) emissions. These include, among others, AB 1493 – Light-Duty Vehicle Standards; California Code of Regulations Title 24, Part 6 – Energy Efficiency Standards; and California Code of Regulations Title 24, Parts 6 and 11 – California Energy Code and Green Building Standards. The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Therefore, impacts would be less than significant.

Chapter 3 Impact Analysis – Geology and Soils
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Provost & Pritchard Consulting Group • October 2021 3-26 Geology and Soils
Table 3-12. Geology and Soils Impacts
Geology and Soils Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault? Refer to Division of Mines and
Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994) creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of
wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature?
Environmental Setting and Baseline Conditions

3.8.1.1 Geology and Soils
The Project is located in the City of Fowler in central Fresno County, in the southern section of California’s Great Valley Geomorphic Province, or Central Valley. The Sacramento Valley makes up the northern third and the San Joaquin Valley makes up the southern two-thirds of the geomorphic province. Both valleys are watered by large rivers flowing west from the Sierra Nevada Range, with smaller tributaries flowing east from the Coast Ranges. Most of the surface of the Great Valley is covered by Quaternary (present day to 1.6 million years ago) alluvium. The sedimentary formations are steeply upturned along the western margin due to the uplifted Sierra Chapter 3 Impact Analysis – Geology and Soils
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Provost & Pritchard Consulting Group • October 2021 3-27 Nevada Range.
5 From the time the Valley first began to form, sediments derived from erosion of igneous and metamorphic rocks and consolidated marine sediments in the surrounding mountains have been transported into the Valley by streams.

3.8.1.2 Faults and Seismicity
The Project is not located within an Alquist-Priolo Earthquake Fault Zone and there are no known active faults within the City. The nearest major fault is the San Andreas Fault, located approximately 65 miles southwest of the Project site. The San Andreas fault is the dominant active tectonic feature of the Coast Ranges and represents the boundary of the North American and Pacific plates. The Nunez Fault is approximately 51 miles southwest and the Poso Fault is approximately 51 miles south.

3.8.1.3 Liquefaction
The potential for liquefaction, which is the loss of soil strength due to seismic forces, is dependent on soil types and density, the groundwater table, and the duration and intensity of ground shaking. Although no specific liquefaction hazard areas have been identified in Fresno County, this potential is recognized throughout the San Joaquin Valley where unconsolidated sediments and a high-water table coincide. Soil types along the Valley floor are not generally conducive to liquefaction because they are generally too course. Furthermore, the average depth to groundwater within the City is approximately 85 to 95 feet which also minimizes liquefaction potential.

Using the USDA NRCS soil survey of Fresno County (Appendix D), an analysis of the soils onsite was performed. Soils in the area consist of Hanford sandy loam (14.5%,) Hesperia fine sandy loam (80%), and Exeter loam (5.5%).6

3.8.1.4 Soil Subsidence
Subsidence occurs when a large land area settles due to over-saturation or extensive withdrawal of groundwater, oil, or natural gas. These areas are typically composed of open-textured soils, high in silt or clay content, that become saturated. Although some areas in Fresno County have experienced subsidence due to groundwater overdraft, the City’s elevation has remained relatively unchanged.

Soils of the Project site consist of Hanford sandy loam, Hesperia sandy loam, and Exeter loam, all of which are course-textured, low in clay content, and have a low shrink-swell potential. Therefore, soils onsite represent a low risk of subsidence.

3.8.1.5 Dam and Levee Failure
Hundreds of dams and reservoirs have been built in California for water supply, flood control, hydroelectric power, and recreational uses. The storage capacity of these dams varies across the State from large reservoirs with capacities exceeding millions of acre-feet (AF) to small reservoirs with capacities from hundreds to thousands of AF. Depending on the season, water from these reservoirs is released into the river system of the State and eventually reaches the Pacific Ocean. The Kings River, which flows approximately 9 miles east, is the primary river in the vicinity. The Kings River is impounded by a dam which forms the one million AF Pine Flat reservoir, approximately 23 miles northeast of the Project site. If Pine Flat dam were to fail, a large portion of Fresno County, including the City, would be inundated with water. 5 Harden, D.R. 1998, California Geology, Prentice Hall, 479 pages 6 USDA NRCS Soil Survey. Accessed June 18, 2021.

Chapter 3 Impact Analysis – Geology and Soils
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Provost & Pritchard Consulting Group • October 2021 3-28 Impact Assessment
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
a-i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. a-ii) Strong seismic ground shaking?
a-i and a-ii) Less than Significant Impact. The Project site is located in an area traditionally characterized by relatively low seismic activity. The site is not located in an Alquist-Priolo Earthquake Fault Zone as established by the Alquist-Priolo Fault Zoning Act (Section 2622 of Chapter 7.5, Division 2 of the California Public Resources Code). The nearest major fault is the San Andreas Fault, located approximately 65 miles southwest of the Project site. The Nunez Fault is approximately 51 miles southwest and the Poso Fault is approximately 51 miles south.

Although there are no known earthquake faults within the vicinity of the Project and strong ground shaking is unlikely, construction of the proposed residential structures would comply with the most recent seismic standards as set forth in the California Building Standards Code. Compliance with these standards would ensure potential impacts related to strong seismic ground shaking would be less than significant. a-iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. Liquefaction occurs when loose, water-saturated sediments lose strength and fail during strong ground shaking. Although no specific liquefaction hazard areas have been identified in Fresno County, this potential is recognized throughout the San Joaquin Valley where unconsolidated sediments and a high-water table coincide. Using the USDA NRCS soil survey of Fresno County, an analysis of the soils onsite was performed. Soils in the area consist of Hanford sandy loam, Hesperia fine sandy loam, and Exeter loam, all of which are well-drained and course-textured, representing a low risk for liquefaction or seismic-related ground failure. In addition, the average depth to groundwater within the City is approximately 85 to 95 feet which further reduces potential for liquefaction. Furthermore, as mentioned above in Impact Assessments VIa-i and VI-a-ii, strong seismic ground shaking is unlikely to occur. Any impacts related to seismic-related ground failure, including liquefaction, would be less than significant. a-iv) Landslides?
No Impact. Landslides usually occur in locations with steep slopes and unstable soils. The Project is located on the Valley floor where no major geologic landforms exist, and the topography is essentially flat and level. The nearest foothills are approximately 15 miles northeast. Therefore, the Project site has minimal-to-no landslide susceptibility, and there will be no impact.
b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Earthmoving activities associated with the Project would include excavation, trenching, grading, and construction over an area of approximately 29-acres. These activities could expose soils to erosion processes and the extent of erosion would vary depending on slope steepness/stability, vegetation/cover, concentration of runoff, and weather conditions. Dischargers whose projects disturb one (1) or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity Construction General Permit Order 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to Chapter 3 Impact Analysis – Geology and Soils
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Provost & Pritchard Consulting Group • October 2021 3-29 restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). Since the Project site has relatively flat terrain with a low potential for soil erosion and would comply with the SWRCB requirements, the impact would be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? c and d) Less than Significant Impact. Soils onsite consist of Hanford sandy loam, Hesperia fine sandy loam, and Exeter loam, all of which are well-drained, low in clay content, and coarse-textured. These soils have a low shrink-swell potential and a low plasticity index, and therefore, are not considered expansive soils. Furthermore, the aforementioned physical properties of these soils make subsidence, liquefaction, lateral spreading, or other ground failure unlikely. Any impacts would be less than significant. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. Septic installation or alternative wastewater disposal systems are not necessary for the Project.

There will be no impact.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature?
Less than Significant Impact. No known paleontological resources exist within the Project area. The Project site would be a residential development lot that has been historically farmed. Previous discing and site grading activities onsite have not uncovered any paleontological resources. Construction activities associated with the proposed Project are not expected to be conducted significantly below grade, at a level where they would have the potential to disturb any previously unknown paleontological resources or geologic features. Impacts would be less than significant.

Chapter 3 Impact Analysis – Greenhouse Gas Emissions
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Provost & Pritchard Consulting Group • October 2021 3-30 Greenhouse Gas Emissions
Table 3-13. Greenhouse Gas Emissions Impacts
Greenhouse Gas Emissions Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
Environmental Setting and Baseline Conditions
The Earth’s climate has been warming for the past century. Experts believe this warming trend is related to the release of certain gases into the atmosphere. Greenhouse gases (GHG) absorb infrared energy that would otherwise escape from the Earth. As the infrared energy is absorbed, the air surrounding the Earth is heated.

An overall warming trend has been recorded since the late 19th century, with the most rapid warming occurring over the past 35 years, with 16 of the 17 warmest years on record occurring since 2001. Not only was 2016 the warmest year on record, but eight of the 12 months that make up the year—from January through September, with the exception of June—were the warmest on record for those respective months. October, November, and December of 2016 were the second warmest of those months on record—in all three cases, behind records set in 2015.7 Human activities have been attributed to an increase in the atmospheric abundance of greenhouse gases. Commonly identified GHG emissions and sources include the following:

Carbon dioxide (CO2) is an odorless, colorless natural greenhouse gas. CO2 is emitted from natural and anthropogenic sources. Natural sources include the following: decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic out gassing.

Anthropogenic sources include the burning of coal, oil, natural gas, and wood.

Methane (CH4) is a flammable greenhouse gas. A natural source of methane is the anaerobic decay of organic matter. Geological deposits, known as natural gas fields, also contain methane, which is extracted for fuel. Other sources are from landfills, fermentation of manure, and ruminants such as cattle.

Nitrous oxide (N2O), also known as laughing gas, is a colorless greenhouse gas. Nitrous oxide is produced by microbial processes in soil and water, including those reactions that occur in fertilizer containing nitrogen. In addition to agricultural sources, some industrial processes (fossil fuel-fired power plants, nylon production, nitric acid production, and vehicle emissions) also contribute to its atmospheric load.

Water vapor is the most abundant, and variable greenhouse gas. It is not considered a pollutant; in the atmosphere, it maintains a climate necessary for life.

Ozone (O3) is known as a photochemical pollutant and is a greenhouse gas; however, unlike other greenhouse gases, ozone in the troposphere is relatively short-lived and, therefore, is not global in 7 NASA, NOAA Data Show 2016 Warmest Year on Record Globally. https://www.nasa.gov/press-release/nasa-noaa-data-show2016-warmest-year-on-record-globally. January 18, 2017. Accessed 6/24/21.

Chapter 3 Impact Analysis – Greenhouse Gas Emissions
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Provost & Pritchard Consulting Group • October 2021 3-31 nature. Ozone is not emitted directly into the atmosphere but is formed by a complex series of chemical reactions between volatile organic compounds, nitrogen oxides, and sunlight.

Aerosols are suspensions of particulate matter in a gas emitted into the air through burning biomass (plant material) and fossil fuels. Aerosols can warm the atmosphere by absorbing and emitting heat and can cool the atmosphere by reflecting light.

Chlorofluorocarbons (CFCs) are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the earth’s surface). CFCs were first synthesized in 1928 for use as refrigerants, aerosol propellants, and cleaning solvents. CFCs destroy stratospheric ozone; therefore, their production was stopped as required by the Montreal Protocol in 1987.

Hydrofluorocarbons (HFCs) are synthetic chemicals that are used as a substitute for CFCs. Of all the greenhouse gases, HFCs are one of three groups (the other two are perfluorocarbons and sulfur hexafluoride) with the highest global warming potential. HFCs are human-made for applications such as air conditioners and refrigerants.

Perfluorocarbons (PFCs) have stable molecular structures and do not break down through the chemical processes in the lower atmosphere; therefore, PFCs have long atmospheric lifetimes, between 10,000 and 50,000 years. The two main sources of PFCs are primary aluminum production and semiconductor manufacture.

Sulfur hexafluoride (SF6) is an inorganic, odorless, colorless, nontoxic, nonflammable gas. It has the highest global warming potential of any gas evaluated. Sulfur hexafluoride is used for insulation in electric power transmission and distribution equipment, in the magnesium industry, in semiconductor manufacturing, and as a tracer gas for leak detection.

There are uncertainties as to exactly what the climate changes will be in various local areas of the earth, and what the effects of clouds will be in determining the rate at which the mean temperature will increase. There are also uncertainties associated with the magnitude and timing of other consequences of a warmer planet: sea level rise, spread of certain diseases out of their usual geographic range, the effect on agricultural production, water supply, sustainability of ecosystems, increased strength and frequency of storms, extreme heat events, air pollution episodes, and the consequence of these effects on the economy.

Emissions of GHGs contributing to global climate change are largely attributable to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. About threequarters of human emissions of CO2 to the global atmosphere during the past 20 years are due to fossil fuel burning. Atmospheric concentrations of CO2, CH4, and N2O have increased 31 percent, 151 percent, and 17 percent respectively since the year 1750 (CEC 2008). GHG emissions are typically expressed in carbon dioxideequivalents (CO2e), based on the GHG’s Global Warming Potential (GWP). The GWP is dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. For example, one ton of CH4 has the same contribution to the greenhouse effect as approximately 21 tons of CO2. Therefore, CH4 is a much more potent GHG than CO2.

An Air Quality and Greenhouse Gas Emissions Evaluation Report was prepared in September 2021, and is contained in Appendix A. The essential conclusions of this Report are as follows:
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or,
b. Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases.

In accordance with SJVAPCD’s CEQA Greenhouse Gas Guidance for Valley Land-use Agencies in Addressing GHG Chapter 3 Impact Analysis – Greenhouse Gas Emissions
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Provost & Pritchard Consulting Group • October 2021 3-32 Emission Impacts for New Projects8, proposed projects complying with Best Performance Standards (BPS) would be determined to have a less-than-significant impact. Projects not complying with BPS would be considered less than significant if operational GHG emissions would be reduced or mitigated by a minimum of 29 percent, in comparison to business-as-usual (year 2004) conditions. In addition, project-generated emissions complying with an approved plan or mitigation program would also be determined to have a less-than-significant impact.

3.9.1.1 Short-Term Construction-Generated Emissions
Short term construction related emissions were calculated using the CalEEmod Version 2020.4.0. emissions modeling software and was assumed to end in 2024. Other assumptions were made on the default parameters in the model. The modeling output can be found in Appendix A.

3.9.1.2 Long-Term Operational Emissions
Long-term operational related emissions were also calculated using the CalEEmod Version 2020.4.0. emissions modeling software and was assumed to start after construction finishes in 2024. Operational emissions are viewed on a per year basis. Some assumptions were made on the default parameters in the model. The modeling output can be found in Appendix A.

Impact Assessment

3.9.2.1 Thresholds of Significance
Short-Term Construction-Generated Emissions
Estimated construction-generated emissions are summarized in Table 3-14.

Table 3-14. Short-Term Construction-Generated GHG Emissions Year Emissions (MT CO2e)
(1)
AB 32 Consistency Threshold for Land-Use Development Projects* 1,100 AB 32 Consistency Threshold for Stationary Source Projects* 10,000 Maximum Estimated Annual Emissions 543.7347
Exceed Threshold? No

1. Emissions were quantified using the CalEEmod, Version 2020.4.0. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding. * As published in the Bay Area Air Quality Management District’s CEQA Air Quality Guidelines. Available online at http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en Accessed 6/25/21 Long-Term Operational Emissions
Estimated long-term operational emissions are summarized in Table 3-15. 8 Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. http://www.valleyair.org/Programs/CCAP/12-17-09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20-%20Dec%2017%202009.pdf Accessed 6/25/21
Chapter 3 Impact Analysis – Greenhouse Gas Emissions
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Provost & Pritchard Consulting Group • October 2021 3-33 Table 3-15. Long-Term Operational GHG Emissions
Emissions (MT CO2e)
(1)
AB 32 Consistency Threshold for Land-Use Development Projects* 1,100 AB 32 Consistency Threshold for Stationary Source Projects* 10,000 Maximum Estimated Annual Emissions 913
Exceed Threshold? No

1. Emissions were quantified using the CalEEmod, Version 2020.4.0. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding. * As published in the Bay Area Air Quality Management District’s CEQA Air Quality Guidelines. Available online at http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en Accessed 6/25/21. a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
a-b) Less than Significant Impact. The Project would not result in long term operational emissions that would exceed the SJVAPCD thresholds of 1,100 MT CO2e annually. The Project is estimated to emit 913 MT CO2e annually. Therefore, impacts would be less than significant.

Chapter 3 Impact Analysis – Hazards and Hazardous Materials Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-34 Hazards and Hazardous Materials
Table 3-16. Hazards and Hazardous Materials Impacts
Hazards and Hazardous Materials Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires?
Environmental Setting and Baseline Conditions

3.10.1.1 Hazardous Materials
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. Government Code (GC) Section 65962.5 requires the California Environmental Protection Agency (CalEPA) to develop at least annually an updated Cortese List. The Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. DTSC's EnviroStor database provides DTSC's component of Cortese List data (DTSC, 2010). In addition to the EnviroStor database, the State Water Resources Control Board (SWRCB) Geotracker database provides information on regulated hazardous waste facilities in California, including underground storage tank (UST) cases and non-UST cleanup programs, including Spills- Chapter 3 Impact Analysis – Hazards and Hazardous Materials Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-35 Leaks-Investigations-Cleanups (SLIC) sites, Department of Defense (DOD) sites, and Land Disposal program.

A search of the DTSC EnviroStor database and the SWRCB Geotracker performed on July 1, 2021 determined that there are no known active hazardous waste generators or hazardous material spill sites within the Project site or immediate surrounding vicinity.

3.10.1.2 Airports
The Fresno Yosemite International Airport is located approximately 9 miles north-northwest, the Selma Municipal Airport is located approximately 3.5 miles south-southwest, and a private airstrip is located approximately 3.6 miles southeast of the Project.

3.10.1.3 Emergency Response Plan
The Fresno County Office of Emergency Services coordinates the development and maintenance of the Fresno County Operational area Master Plan.

3.10.1.4 Sensitive Receptors
The Project site is immediately north of Fowler High School and east of Marshall Elementary School.

Impact Assessment
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? a-c) Less than Significant Impact. At its nearest point, the Project area is located approximately 160 feet east of Marshall Elementary School and 1,100 feet north of Fowler High School. Construction of the Project will involve the use of hazardous materials associated with construction equipment, such as diesel fuel, lubricants, and solvents. However, the contractor will implement a Stormwater Pollution Prevention Plan (SWPPP) and will comply with all Cal/OSHA regulations regarding regular maintenance and inspection of equipment, spill prevention, and spill remediation in order to reduce the potential for incidental release of pollutants or hazardous substances onsite. Furthermore, any potential accidental hazardous materials spills during construction are the responsibility of the contractor to remediate in accordance with industry best management practices and State and county regulations. The operational phase of the Project will not involve the use or transport of hazardous materials. Impacts will be less than significant. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The Project does not involve land that is listed as a hazardous materials site pursuant to Government Code Section 65962.5 and is not included on a list compiled by the Department of Toxic Substances Control. A search of the DTSC EnviroStor database and the SWRCB Geotracker determined that there are no known active hazardous waste generators or known hazardous material spill sites within the Project site. There will be no impact.

Chapter 3 Impact Analysis – Hazards and Hazardous Materials Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-36 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
No Impact. The Project is not located within an airport land use plan or within two miles of an airport. The Fresno Yosemite International Airport is located approximately nine miles north-northwest, the Selma Municipal Airport is located approximately 3.5 miles south-southwest, and a private airstrip is located approximately 3.6 miles southeast of the Project. Construction and implementation of the Project would not be a safety hazard for people working in the area. There would be no impact. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project includes the construction of a residential subdivision on a parcel northeast of the intersection of Adams Avenue and Armstrong Avenue. Construction traffic associated with the Project would be minimal and temporary, construction would take place over approximately 2.5 years.

Operational traffic will consist of vehicle trips associated with residential development. Temporary road closures, detours, or lane diversions may be necessary for connection of utilities and development of residential streets during construction. Disturbances to traffic patterns, such as a potential lane diversion will be temporary and minimal in nature, as there will be alternate routes available. Therefore, Project-related impacts to emergency evacuation routes or emergency response routes on local roadways would be considered less than significant.
g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No Impact. The nearest wildland area, which has a moderate fire risk, according to Cal Fire9is located approximately 15 miles northeast of the Project site. Given the absence of wildlands in the vicinity, implementation of the Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. There would be no impact. 9 Cal Fire. Fresno County FHSZ Map. http://www.fire.ca.gov/fire_prevention/fhsz_maps_fresno Accessed 17 December 2018.

Chapter 3 Impact Analysis - Hydrology and Water Quality Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-37 Hydrology and Water Quality
Table 3-17. Hydrology and Water Quality Impacts
Hydrology and Water Quality Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of
polluted runoff; or
iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
Environmental Setting and Baseline Conditions
The City is located within the Kennedy Pond watershed; Hydrologic Unit Code (HUC): 180300090206. The San Joaquin River and the Kings River are the two principal drainages within the San Joaquin Valley, and Fowler is generally located approximately 18 miles south of the San Joaquin River and nine miles west of the Kings River.

The City lies entirely within the Kings Groundwater Subbasin of the San Joaquin Valley Groundwater Basin.10 Due to groundwater overdraft and contamination from agricultural chemicals, provision of reliable sources of groundwater in both quantity and quality have been a challenge throughout most of the Central Valley. 10 DWR Bulletin 118 Groundwater Basin Boundary Assessment Tool. https://gis.water.ca.gov/app/bbat/ Accessed 25 June 2021.

Chapter 3 Impact Analysis - Hydrology and Water Quality Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-38 Water supply is produced from six groundwater wells located throughout the City and distribution is provided by the Water Division of the City’s Public Works Department through a system in which pumps deliver water from beneath the ground to a network of watermains, pipelines and laterals which distribute water to residents and businesses. Municipal water is tested monthly to ensure quality. According to the Annual Water Quality Report (2017), the average depth to groundwater is 85 to 95 feet, and the existing wells produce drinking water of good quality that does not require treatment.

In 2014, the City entered into an agreement with Consolidated Irrigation District (CID) to fund groundwater recharge programs in order to sustain the groundwater aquifer the City is reliant upon. CID provides water from the Kings River for groundwater recharge and irrigation to over 6,000 growers within its 144,000-acre service area, which includes the vicinity surrounding the City.

The Project site is approximately 3,000 feet from the nearest 100-year floodplain (Figure 3-2).

Impact Assessment
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. Surface runoff from the subdivision would be accommodated by a new retention basin maintained by the property owner on the northeast section of the subdivision, as well as an existing retention basin that abuts the northeastern section of the property. A SWPPP would be completed prior to construction of the subdivision. Therefore, impacts would be less than significant. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than Significant Impact. Potable water is pumped from the Kings River Basin underground aquifer through wells operated by the City. According to the Fowler Public Works Director, maximum production of all seven existing wells is 10.1 million gallons per day (mgd). In 2015, the City had 6,000 residents and pumped an average of 310 gallons per day/per person for all municipal uses, or about 2.0 mgd. That leaves 8.0 mgd remaining well capacity. As a result, adequate groundwater resources are available to meet the long term water demand of the City to the year 2035 and beyond with available underground water supplies; no surface water would need to be imported.

The proposed 74-lot subdivision would be expected to use approximately 104,780 gallons of water per day under normal operation, including domestic and landscape irrigation. This equates to approximately 117.37 acre feet per year. Although the Project would utilize groundwater for domestic purposes, the amount of water use is not considered significant and would not significantly lower the groundwater table of the aquifer or interfere substantially with the recharge of the underground aquifer.

The City plans on providing additional well capacity as needed so that there is never an insufficiency of water supply in any given area of the City with respect to meeting maximum day demands or fire flow. The proposed project would pay its fair share of installation of improvements and pay all development fees related to water service. Therefore, impacts would be less than significant. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
c-i) result in substantial erosion or siltation on- or off-site; Chapter 3 Impact Analysis - Hydrology and Water Quality Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-39 c-ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; c-iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or c-iv) impede or redirect flood flows?
c-i-iv) Less than Significant Impact. The Project would result in some soil erosion and the loss of topsoil due to Project related construction activities. The drainage pattern of the new subdivision would be altered to flow to the proposed and existing stormwater basins at the northeast of the Project site. The construction of a new stormwater basin within the subdivision would provide for increased runoff capacity for the site and surrounding areas. Through the completion of a SWPPP and the implementation of the applicable best management practices, any potential impacts from the altering of drainage patterns would be limited to less than significant.
d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundations?
Less than Significant Impact. There are no streams or rivers onsite or in the immediate vicinity of the Project.

The proposed stormwater basin has been designed to adequately attenuate peak stormwater runoff discharge, and a site-specific grading plan has been prepared indicating that no drainage shall be onto adjacent properties.

In order to minimize erosion and run-off during construction activities, a SWPPP would be implemented, and the contractor would comply with all Cal/OSHA regulations regarding regular maintenance and inspection of equipment, spill prevention, and spill remediation in order to reduce the potential for incidental release of pollutants or hazardous substances onsite. There is no potential for inundation by seiche, tsunami, or mudflow.

Any impacts would be less than significant.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. The Project would not conflict with or obstruct implementation of any water quality control plan or sustainable groundwater management plan. The Project would be within the boundary of the Central Kings Groundwater Sustainability Agency and would follow the policies of the Central Kings Groundwater Sustainability Plan. Therefore, Impacts would be less than significant.

Chapter 3 Impact Analysis – Hydrology and Water Quality Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-40 Figure 3-2 FEMA Flood Map
Chapter 3 Impact Analysis – Land Use and Planning
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-41 Land Use and Planning
Table 3-18. Land Use and Planning Impacts
Land Use and Planning Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
Environmental Setting and Baseline Conditions
The Project site is located in the County of Fresno within the City’s sphere of influence. The City of Fowler 2025 General Plan Update land use diagram designates the Project site as Low Density Residential. The Project is identified within the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District. Lands adjacent to the site are newly developed Single Family Residential to the east and north, undeveloped agriculture land that is planned and zoned as Low Density Residential to the north, an under-construction Low Density Residential subdivision to the south, and agricultural land developed with one single family residence that is planned and zoned as Medium Density Residential to the west. General Plan land use designations and Zone Districts of the Project site and surrounding areas are illustrated in Figure 2-5 and Figure 2-6.

Impact Assessment
a) Would the project physically divide an established community? No Impact. The Project involves the development of residential homes adjacent to an existing residential subdivision in northeast Fowler. The Project area is classified by the City’s General Plan as Low Density Residential and the County of Fresno’s Zoning Ordinance as AE-20. The Project will also require annexation to the City and a rezone to the R-1-10 Zone District. The Project will create an extension of existing residential housing in a manner that would encourage unification and expansion of an established community. The site of the proposed subdivision is currently an agricultural field between existing residential housing. Development of the site into residential housing would reduce commuter obstacles by creating an extension of roads and sidewalks. Implementation of the Project would provide additional housing and an expansion of services, including pedestrian access to the nearby public schools. Therefore, the Project would not physically divide an established community.
b) Would the project cause a significant environmental conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The Project proposes to construct 74 single family low density residential units within the approximately 29-acre Project area. As illustrated in Figure 2-5 and Figure 2-6, the City of Fowler 2025 General Plan Update land use diagram designates the Project site as Low Density Residential, and the County of Fresno Zoning Ordinance designates the Project site as AE-20. The Project proposes to annex the site into the City and rezone the site into the R-1-10 (Single Family Low Density Residential) Zone District. According to the City of Fowler 2025 General Plan Update, the proposed Zone District of R-1-10 is compatible with the Chapter 3 Impact Analysis – Land Use and Planning
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-42 existing land use designation of Low Density Residential. Therefore, the Project would not cause a significant environmental conflict with any land use plan, policy, or regulation. There would be no impact.

Chapter 3 Impact Analysis – Mineral Resources
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-43 Mineral Resources
Table 3-16. Mineral Resources Impacts
Mineral Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Environmental Setting and Baseline Conditions
The Project is located in the City within central Fresno County, in the southern section of California’s Great Valley Geomorphic Province, or Central Valley. Historically, Fresno County has been a leading producer of a variety of minerals including aggregate, fossil fuels, metals, and other materials used in construction and/or industrial processes. Currently, aggregate and petroleum are the County’s most significant mineral resources.

The Coalinga area, in western Fresno County, has been a valuable region for mineral resources as a top producer of commercial asbestos and home to extensive oil recovery operations.11 The City is located within the Fresno production-consumption (PC) region, which includes parts of Madera and Fresno Counties. The California Geological Survey (CGS), previously known as California Department of Conservation Division of Mines and Geology (DMG), has analyzed this region for the presence of aggregate resources in a 1988 mineral land classification report12 and a subsequent 1999 update. 13 In each of these reports
CGS has classified the Fresno PC region according to the presence or absence of significant aggregate deposits.

The land classification is presented in the form of Mineral Resource Zones (MRZs). MRZ-1 represents areas where information indicates that there are no significant aggregate deposits. MRZ-2 represents areas where adequate information indicates that significant aggregate deposits ae present or where it is judged that a high likelihood exists for their presence. MRZ-3 represents areas containing mineral deposits the significance of which cannot be evaluated from available data. In both CGS reports, the Fowler area is classified as MRZ-3.

All areas known to contain significant aggregate deposits within the Fresno PC region are located along the Kings River floodplain and along the San Joaquin River.

There are no known current or historic mineral resource extraction or recovery operations in the Project vicinity nor are there any known significant mineral resources onsite. 11 Fresno County General Plan. Background Report. https://www.co.fresno.ca.us/home/showdocument?id=8398 Accessed 18 December 2018. 12 Special Report 158. Mineral Land Classification: Aggregate Materials in the Fresno Production-Consumption Region. 1988. https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc Accessed 18 December 2018. 13 Open File Report 99-02. Update of Mineral Land Classification: Aggregate Materials in the Fresno Production-Consumption Region, California. 1999. https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc Accessed 18 December 2018.

Chapter 3 Impact Analysis – Mineral Resources
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-44 Impact Assessment
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. According to the CGS’s Aggregate Sustainability Map,14 the Project is not within the vicinity of a site being used for aggregate production. The nearest aggregate production site is the Carmelita Mine located within the Kings River floodplain, approximately 13 miles northeast of the Project. In addition, California’s Division of Oil, Gas and Geothermal Resources has no record of active or inactive oil or gas wells or petroleum resources on the Project site or in the vicinity. 15 The Project lies within a large region that has
been classified by CGS as MRZ-3, representing an area containing mineral deposits the significance of which cannot be evaluated from available data. However, there are no known current or historic mineral resource extraction or recovery operations in the Project vicinity nor are there any known significant mineral resources onsite. Therefore, implementation of the Project would not result in the loss of availability of a known mineral resource since no known mineral resources occur in this area. Furthermore, the Project area has not been designated as a locally important mineral resource recovery site by a general plan, specific plan, or land use plan.

There would be no impact.
14 Map Sheet 52. CGS. Aggregate Sustainability
Map.https://www.conservation.ca.gov/cgs/Documents/Publications/MS_52_California_Aggregates_Map_201807.pdf Accessed 28 January 2019. 15 DOGGR Map of Oil and Gas Wells.https://maps.conservation.ca.gov/doggr/wellfinder/#openModal/-119.67834/36.62998/14 Accessed 1 July 2021.

Chapter 3 Impact Analysis – Noise
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-45 Noise
Table 3-19. Noise Impacts
Noise Impacts
Would the project result in:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b) Generation of excessive ground borne vibration or
ground borne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
Environmental Setting and Baseline Conditions
Typical noise sources in the Project’s vicinity include vehicular traffic, agricultural equipment, school bells and announcement systems, and intermittent railway traffic. The Project is located northeast of the Adams Avenue and Armstrong Avenue intersection. Both of these streets are classified as Collector Streets, but Adams Avenue is also a truck route designated for heavy commercial and industrial traffic. The Project lies approximately one mile east of State Route 99 and approximately 0.75 miles east of the Union Pacific train tracks, which would produce moderate noise from railway traffic intermittently throughout each day. The City of Fowler Police Station and Fire Department are both located within 0.5 mile of the Project site. Both of these facilities would be expected to produce intermittent noises from sirens during emergency call response. There is a public school near the Project to the west. Schools would be expected to produce intermittent noise from notification bells, alarms, announcement systems, and increased vehicular traffic, including school bus transportation systems.

City of Fowler 2025 General Plan Update: The Land Use Element and the Circulation Element of The City of Fowler 2025 General Plan Update contains the following goals and policies that relate to noise and which have potential relevance to the Project’s CEQA review:
• Roof-mounted and detached mechanical equipment shall be acoustically baffled to prevent equipment noise from exceeding 55 dBA measured at the nearest residential property line. • Adopt zoning ordinance amendments providing for such measures as increased yard spaces, masonry wall development, dust and noise control, and other performance standards for light or heavy industrial uses deemed hazardous or detrimental to public safety or adjacent land uses, especially those businesses processed as conditional uses.
• Provide designated routes and loading standards that reduce the noise and safety concerns associated with truck traffic.

Chapter 3 Impact Analysis – Noise
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-46 • Require that the automobile and truck access of commercial and industrial land uses abutting residential parcels be located at the maximum practical distance from the nearest residential parcels to minimize noise impacts.
• Protect City residents from transportation generated noise. Increased setbacks, walls, landscaped berms, other sound-absorbing barriers, or a combination thereof shall be provided along major roadways where appropriate in order to protect adjacent noise-sensitive land uses from trafficgenerated noise impacts. Additionally, noise generators, such as commercial or industrial activities shall use these techniques to mitigate exterior noise levels.

City of Fowler General Plan (1976): The City of Fowler General Plan (1976) contains the following policies for the control of noise within the Environmental Resources Management Element:
• Adopt and enforce a noise ordinance which defines maximum allowable noise levels within residential, commercial and industrial areas and provides adequate means of enforcing these levels. • In order to maintain an acceptable noise environment, the following maximum acceptable noise levels will be used as guidelines for various land use classifications:

Exterior Interior
Urban Residential and Noise
Sensitive Receptors
60 dBA 45 dBA
Urban Commercial ----------- -----------
Urban Industrial ----------- -----------
• Within noise impact zones (areas subject to an Ldn greater than 60 dBA) the city will evaluate the noise impact on development proposals. Mitigating measures, including but not limited to the following, may be required:
o Setbacks, berms, and barriers
o Acoustical design of structures
o Location of structures on the property
• The design of all proposed development shall incorporate elements necessary to minimize adverse noise impacts on surrounding land uses and mitigate impacts existing noise levels might have upon proposed development.

City of Fowler Noise Ordinance: In addition to General Plan requirements, the City has established a Noise Ordinance in its municipal code. Noise ordinances establish limits for which penalties or enforcement action may be taken. Therefore, a noise ordinance generally must not be exceeded; whereas, General Plan limits are to be taken into consideration during the development of a project and may or may not be strictly applied, depending on the particular circumstances of the project. In preparing the noise element, a city or county must identify local noise sources and analyze and quantify, to the extent practicable, current and projected noise levels for various sources, including highways and freeways; passenger and freight railroad operations; ground rapid transit systems; commercial, general, and military aviation and airport operations; and other ground stationary noise sources.

The Project is subject to the City of Fowler Noise Ordinance, which is covered in Chapter 21, Article 6 of the municipal code. It prohibits continued loud noise or noise which disturbs others by placing time constraints on noise producing activities and volume limits on noise amplification devices. Specifically, construction and operation of machinery is prohibited within the hours of 8:00 p.m. and 7:00 a.m. Furthermore, noise level standards by receiving land use category have been established by the City of Fowler Municipal Code, as illustrated in Table 3-20, below.

Chapter 3 Impact Analysis – Noise
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-47 Table 3-20. Noise Level Standards
Receiving Land
Use Category Time Period Noise Level (dBA)
Residential
10:00 p.m.—7:00 a.m. 50
7:00 a.m.—10:00 p.m. 60
Public Uses *
10:00 p.m.—7:00 a.m. 55
7:00 a.m.—10:00 p.m. 60
Commercial
10:00 p.m.—7:00 a.m. 60
7:00 a.m.—10:00 p.m. 65
Industrial Any time 70
* Public uses include schools, libraries, hospitals, churches, and parks.

Impact Assessment
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less than Significant Impact. The Project involves the development of a residential subdivision in northeast Fowler. The site is located in area that acts as a transition between urban development and rural agriculture in Fowler. The City of Fowler General Plan and the City of Fowler municipal code establishes a range of 50 dBA to 60 dBA as the normally acceptable exterior noise criteria for urban residential and noise sensitive receptors or public uses.

Activities associated with construction could result in temporary elevated noise levels, with maximum construction noise levels ranging between 74 dBA to 89 dBA at 50 feet distance. The construction noise is anticipated to be within acceptable standards. Typical construction equipment would include backhoes, tractors, air compressors, scrapers, pavers, concrete mixers, and numerous other miscellaneous tools and equipment.

Construction of the Project would result in temporary increased noise levels in the immediate vicinity.

As illustrated in Table 3-21 below, typical construction noise levels could range between 74 to 89 dBA at a distance of 50 feet from the source, according to the EPA and the FTA. 16 Implementation of feasible noise
control measures, such as the installation of mufflers or engine casing, would result in noise reduction of 5-10 dBA per source.
16 FTA Construction Equipment Noise Emission Levels.
https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm Accessed 28 January 2019.

Chapter 3 Impact Analysis – Noise
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-48 Table 3-21. Typical Construction Noise Levels*
*Source: FTA Construction Equipment Noise
Emission Levels.
https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm Accessed 28 January 2019.

The majority of residents in newly urbanized areas recognize the reality of occasional construction activities and expect to hear construction noise on a temporary basis. Furthermore, the community of Fowler is surrounded by agriculture and most residents in rural areas understand and expect equipment-generated noise on occasion. Project construction activities would be required to operate within the regulations included in the City’s Municipal Code and General Plan. All construction activities would be limited to daytime hours and would be temporary in nature. Therefore, construction-related noise impacts are anticipated to be less than significant.

Typical noise sources in the Project’s vicinity include vehicular traffic, agricultural equipment, school bells and announcement systems, intermittent railway traffic, and intermittent police and fire emergency response sirens.

The Project is located approximately one mile east of State Route 99 and approximately 0.75 miles east of the Union Pacific train tracks. There are no stationary sources of excessive noise in the Project’s vicinity.

Implementation of the Project, which includes development of a residential subdivision, would be consistent with surrounding uses and would not expose the inhabitants to excessive noise levels. Therefore, all impacts related to noise levels would be less than significant. b) Would the project result in generation of excessive ground borne vibration or ground borne noise levels? Less than Significant Impact. During grading and site preparation there is potential for construction equipment to generate groundborne vibration or groundborne noise levels that could affect property owners adjacent to the Project site. There are 19 single-family units located along Aretha Avenue and Jonna Avenue which share a rear property line with the proposed development. People residing in these homes could potentially be impacted by groundborne noise or vibration during construction activities. However, construction activities will be short-term, temporary in nature, and limited to daytime hours. Furthermore, the Project site is currently in agricultural production which typically involves ground-disturbing activities on a regular basis, such as trenching for irrigation or discing of soil. Therefore, construction activities, such as intermittent grading and excavating, would not be considered a substantial variance from routine existing conditions. Habitation of the residential units will not result in the production of long-term groundborne noise or vibration levels, and the inhabitants of the proposed subdivision would not be exposed to excessive groundborne vibration or groundborne noise levels since there are no known stationary sources in the vicinity. Any impacts would be less than significant.

Equipment Typical Noise Level (dBA) 50 feet from
Source
Roller 74
Concrete Vibrator, Pump,
Saw 76
Backhoe 80
Generator, Air Compressor 81
Compactor, concrete pump 82
Crane, Mobile 83
Dozer, Grader, Loader,
Concrete Mixer, Impact
Wrench, Pneumatic Tool
85 Truck, Jack Hammer 88
Paver, Scraper 89
Chapter 3 Impact Analysis – Noise
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-49 c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project site is not located within an airport land use plan or within two miles of a public use airport. There are no private airstrips in the Project vicinity. There would be no impact.

Chapter 3 Impact Analysis – Population and Housing
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-50 Population and Housing
Table 3-22. Population and Housing Impacts
Population and Housing Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
Environmental Setting and Baseline Conditions
The City has grown at a slower rate than surrounding cities over the past decade and is expected to maintain a 2-3% growth rate over the planning period. This would be consistent with overall Fresno County growth.

Policies in the Land Use Element are intended to monitor population growth rates and allow the community to adjust the approach to growth based on the availability of services and other quality of life issues. At a 2% growth rate, the population of the City would increase from 4,100 in 2004 to approximately 6,100 in 2025. At 3%, the population would increase to 7,200, or an average annual increase of 180 residents per year.” 17 According to 2010 U.S. Census data, the City’s population was 5,570 with an estimated percent change from 2010 to 2019 of 20.1%. As of 2015-2019, there was an average of 2,075 households with an average 3.12 persons per house. 18
Impact Assessment
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. Implementation of the project would result in the introduction of 74 lot singlefamily residential subdivision on approximately 29 acres of undeveloped land historically used for agriculture.

The Project will build new local streets which will connect to existing collector streets, build new homes, and connect to the City’s public utility infrastructure. The residential density that will be introduced to northeastern Fowler will be 74 units. The Project is consistent with the City of Fowler 2025 General Plan Update and the City of Fowler Municipal Code. The Project site is zoned for low-density residential use in anticipation of a subdivision, resulting in an expansion of existing urban neighborhood. Therefore, the Project will have less than significant impact.
17 City of Fowler 2025 General Plan Update. http://www.fowlercity.org/city_departments/general_plan/Fowler_General_Plan.pdf Accessed 25 June 2018.
18 U.S. Census Data. https://www.census.gov/quickfacts/fact/table/fowlercitycalifornia/PST045217 Accessed 23 June 2020.

Chapter 3 Impact Analysis – Population and Housing
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-51 b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Less than Significant Impact. The Project site is located on approximately 29 acres of land historically used for agriculture. There are two existing homes on the property. Although the Project would remove these homes, the displacement of two households would not result in the need for construction of replacement housing elsewhere, as the Project proposes to build dwelling units on-site. Furthermore, two households does not result in a substantial number of persons or housing. There will be a less than significant impact.

Chapter 3 Impact Analysis – Public Services
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-52 Public Services
Table 3-23. Public Services Impacts
Public Services Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in substantial adverse physical impacts
associated with the provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public
services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Environmental Setting and Baseline Conditions
Fire Protection: The Fowler Fire Department, located 0.9 miles southeast of the Project, is comprised of community volunteers that provide fire suppression and prevention, emergency and non-emergency medical services. The local Fire Department receives assistance from the California Department of Forestry and Fresno County Fire Protection District, which operates Station #82 located 4.8 miles northeast of the Project site.

Police Protection: The Fowler Police Department, located 0.8 miles southwest of the Project site, provides 24- hour policing services within the city limits.

Schools: The Fowler Unified School District (FUSD) includes three elementary schools, one middle school, one high school, and Fowler Academy Continuation School, which is comprised of grades 7 through 12.

Marshall Elementary School and Casa Blanca Continuation High School are directly adjacent to the Project site. Fremont Elementary School, Sutter Middle School, and Fowler High School are all located within one mile of the Project site.

According to the California Department of Education’s Enrollment Report, total enrollment for Fowler Unified School District in 2020-21 was 2,582 students, a slight decrease from 2,589 in 2019-2020. 19 Parks: The City has four designated City Parks, three of them within an approximate one-mile radius of the Project. Panzak Park, the most visually appealing park with mature vegetation and trees, covers an area of 19California Department of Education Enrollment Reports. https://dq.cde.ca.gov/dataquest/page2.asp?level=District&subject=Enrollment&submit1=Submit Accessed 23 June 2021.

Chapter 3 Impact Analysis – Public Services
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-53 approximately 2.5 acres, located 0.5 mile southwest of the Project site. Panzak Park is an area of open space used for recreation, surrounded by medium- and high-density residential dwellings. Amenities include a covered picnic area, large shade trees, playground equipment, and tennis courts. Covered portions of the park are available for a nominal fee to rent for gatherings, while the remainder of the park is open to all on a first-come first-serve basis.

Donny Wright Park, the newest and largest park in the City, is located at 630 West Fresno Street in an area surrounded by low- to medium- density residential housing. The park covers an area of approximately 6 acres and includes an expanse of irrigated lawn and trails for recreation. Donny Wright Park is located across State Route 99, about 1.6 miles southwest of the Project site.

Margaret Cowings Park is an approximate 0.05-acre pocket park comprised of irrigated lawn and shade trees on the corner of Merced Street and Sixth Street in downtown Fowler amidst the Community Commercial District. Also considered a City Park, the Fowler Veteran’s Monument, covers an area of approximately 0.10 acres and includes benches on paved surfaces, a scenic fountain, several flag poles, ornamental hedges, and rose gardens. The Fowler Veteran’s Monument is located approximately 0.4 mile southwest of the Project site at the intersection of Merced Street and First Street in an area zoned for medium-density residential housing. There are no State or regional parks within the planning area.

Senior Center: The City operates the Edwin Blayney Senior Center, which offers a meeting place and specialized recreation opportunities for senior citizens. The Edwin Blayney Senior Center is located at 108 North Third Street, approximately 0.6 mile southwest of the Project site.

Library: The Fowler branch of the Fresno County Public Library is located 1.1 mile southwest of the Project site.

Impact Assessment
a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Less than Significant Impact. The Project would not result in physical changes that would require new or physically altered governmental facilities or create a need for new or physically altered governmental facilities.

The Project would have a less than significant impact on service ratios, response times or other performance objectives for Public Services as described below:

Fire Protection: The Project is within the service area of the Fowler Fire Department, which is composed of community volunteers. The local Fire Department receives assistance from the California Department of Forestry and Fresno County Fire Protection District, which operates Station #82 located 4.8 miles northeast of the Project site. The City recently constructed a new Fire Department headquarters, on Main Street between 5th and 6th Streets. The existing volunteer Fire Department has proven to be adequate for the City in the past and the Project, which proposes 74 new single-family residential homes, would not add appreciably to the burden of the volunteer operation. Although the Project proposes new local streets within the residential subdivision, construction will comply with all emergency access laws determined by federal, State, and local regulations, including the City of Fowler General Plan. The proposed street layouts within the subdivision and all right-of-way improvements along major street frontages will be constructed to provide adequate emergency access without diminishing response times. Impact would be less than significant.

Chapter 3 Impact Analysis – Public Services
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-54 Police Protection: The City of Fowler Police Department provides police protection services to the Project area.

The Project will not result in a need for new or physically altered facilities related to police protection. The potential population increase created by 74 new single-family residences is not considered significant when compared to the City’s population, and it should not require a new or modified facilities to service the Project site. The fire station is located approximately 0.8 miles southwest of the project area. The estimated response time will be similar to adjacent residential subdivisions. Although the Project proposes new local streets within the residential subdivision, construction will comply with all emergency access laws determined by federal, State, and local regulations, including the City of Fowler General Plan. The proposed street layouts within the subdivision and all right-of-way improvements along major street frontages will be constructed to provide adequate emergency access without diminishing response times. Impact would be less than significant.

Schools: The Project site is within the Fowler Unified School District (FUSD). The school child generation factor within Fowler Unified schools has ranged between 0.5 and 0.6 students per household, indicating that there is sufficient capacity for an additional 580-700 homes residential units within the district. Therefore the Project which would generate 37 to 44 students. The Project would pay applicable school impact fees in effect at the time of building permits. Impact would be less than significant.

Parks: The Project will pay park impact development fees in effect at the time of the building permits to offset potential impacts to park and recreation facilities. Impact would be less than significant.

Other Public Facilities: No impacts are anticipated to other public facilities.

Chapter 3 Impact Analysis – Recreation
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-55 Recreation
Table 3-24. Recreation Impacts
Recreation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
Environmental Setting and Baseline Conditions
There are currently four City Parks in Fowler, all of which are administered by the Department of Parks and Recreation. Panzak Park covers an area of approximately 2.5 acres and includes a covered picnic area, large shade trees, playground equipment, and tennis courts. The recently developed Donny Wright Park covers an area of approximately six acres and includes an expanse of irrigated lawn and trails for recreation. Margaret Cowings Park is an approximate 0.05-acre pocket park comprised of irrigated lawn and shade trees on the corner of Merced Street and Sixth Street in downtown Fowler. Also considered a City Park, the Fowler Veteran’s Monument covers an area of approximately 0.10 acres and includes benches on paved surfaces, a scenic fountain, several flag poles, ornamental hedges, and rose gardens. There are no State or regional parks within the planning area.

In addition to the four City Parks mentioned above, the City also operates the Edwin Blayney Senior Center, which offers a meeting place and specialized recreation opportunities for senior citizens.

Impact Assessment
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact. The potential population growth associated with the Project’s proposed 74 new single-family residential homes is not considered significant when compared to the City’s population, and it should not increase the demand for recreational facilities, nor would it impose a strain on the existing recreational facilities such that substantial physical deterioration of existing recreational facilities would occur or be accelerated. Additionally, the Project will pay park impact development fees in effect at the time of the building permits to off-set potential impacts to park and recreation facilities. Therefore, impact will be less than significant.
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. Although the Project would provide park space, the Project does not include recreational facilities. As stated above in Impact Assessment XV-a, the potential population growth associated with the Project’s proposed 74 new single-family residential homes is not considered significant when compared Chapter 3 Impact Analysis – Recreation
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-56 to the City’s population, and construction or expansion of nearby recreational facilities is not necessary. Impact will be less than significant.

Chapter 3 Impact Analysis – Transportation
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-57 Transportation
Table 3-25. Transportation Impacts
Transportation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)??
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Environmental Settings and Baseline Conditions
The Project site is located in the northeast area of the City of Fowler within Fresno County. The City is bisected by State Route 99, Golden State Boulevard, and an active railroad used for freight trains. All three of these major transportation routes run northwest-southeast, parallel with each other.

Impact Assessment
a) Would the project conflict with a plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less than Significant Impact. The Project would be completed in one phase and would result in the construction of 74 single family residences, internal access roads, landscaped grounds, and off-site improvements subject to City standards. Vehicular access to the site would from Armstrong Avenue. All internal streets and related improvements will comply with City standards.

The Project does not conflict with any circulation plan. The site will maintain vehicular access to one street, which connects to the larger city-wide circulation system. Any impacts would be less than significant. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)? Less than Significant Impact. The City has not yet adopted an applicable threshold of significance for vehicle miles traveled. As discussed in XVII-a), the Project does not conflict with any circulation plan. The site will maintain vehicular access to one street, which connects to the larger city-wide circulation system. Any impacts would be less than significant.
c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. The Project will introduce six new local streets which will connect onto the City’s existing collector street system at Armstrong Avenue on the west border of the subdivision. The Project will Chapter 3 Impact Analysis – Transportation
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-58 introduce additional local streets consistent with the City’s Circulation Element. All roads will be built according to City of Fowler Street Design Standards. All rights-of-way proposed within the subdivision will be designed and constructed to meet City of Fowler Standard Specifications. The Project would not increase hazards due to Project design features or through the introduction of incompatible land uses into the existing community.

There would be a less than significant impact.
d) Would the project result in inadequate emergency access? Less than Significant Impact. The Project shall comply with all emergency access laws determined by federal, State, and local regulations. The proposed street layouts within the subdivision and all right-of-way improvements along major street frontages will be constructed to provide adequate emergency access. The Project would comply with the City of Fowler General Plan. As such, the Project will have a less than significant impact on emergency access.

Chapter 3 Impact Analysis – Tribal Cultural Resources
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-59 Tribal Cultural Resources
Table 3-26. Tribal Cultural Resources Impacts
Tribal Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California
Register of Historical Resources, or in the
local register of historical resources as defined
in Public Resources Code section 5020.1(k),
or
ii. A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1, the lead agency shall
consider the significance of the resource to a
California Native American tribe.

Environmental Settings and Baseline Conditions
The City lies within an area once inhabited by the Northern Valley Yokuts. Yokuts villages were situated near major waterways, like the Kings River, and featured structures made with woven tule reeds. As with other Native American Tribes in California, the Yokuts population was drastically reduced following the influx of Spanish explorers, missionaries, miners, ranchers, and other European immigrants to the San Joaquin Valley after 1700. During the gold rush, miners began to settle along major waterways such as the San Joaquin River and Kings River. The momentum of the gold rush could not be sustained, and miners began to pursue vocations in ranching and farming. The successful development of irrigation systems led to the agricultural boom as more tracts of land became suitable for crops.

Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14) requires that a lead agency, within 14 days of determining that it will undertake a project, must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement will be made.

Chapter 3 Impact Analysis – Tribal Cultural Resources
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-60 Pursuant to PRC § 21080.3., on July 13, 2016, the City received a letter from the Santa Rosa Rancheria Tachi Yokut Tribe (Yokut Tribe) officially requesting notification. No other tribes have requested notification.

Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a-i) Listed or eligible for listing in the California Register of Historical Resources, or in the local register of historical resources as defined in Public Resources Code section 5020.1(k), or a-ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less than Significant Impact with Mitigation Incorporated. On July 13, 2016, the City received a letter from the Santa Rosa Rancheria Tachi Yokut Tribe pursuant to PRC § 21080.3.1 officially requesting notification of Projects within the Santa Rosa Rancheria’s geographic area of traditional and cultural affiliation. On June 25, 2018, the City sent to the Yokut Tribe a formal Notification of a Decision to Undertake a Project, and Notification of Consultation Opportunity, including a Project description of the TSM No. 21-0015 applications.

In accordance with the law, the letter provided 30 days from receipt of the letter to request consultation in writing. No request for consultation was made for the Project and less than significant impacts to tribal resources are expected. Mitigation Measures CUL-1 and CUL-2, described above in Section 3.6, have been incorporated into the Project in the event cultural materials or human remains are unearthed during excavation or construction.

Chapter 3 Impact Analysis – Utilities and Service Systems Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-61 Utilities and Service Systems
Table 3-27. Utilities and Service Systems Impacts
Utilities and Service Systems Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
Environmental Setting and Baseline Conditions
The City’s sewer service is provided by the Selma-Kingsburg-Fowler County Sanitation District (SKF or District) and solid waste services are provided by Waste Management, Inc. The District operates wastewater treatment and disposal facilities on a 550-acre site located approximately 10 miles south of the Project site.

Solid waste within Fresno County is transferred to the American Avenue Landfill in Kerman, CA, approximately 25.1 miles northwest of the Project site. According to the City of Fresno Department of Public Utilities, “it is estimated that the [American Avenue Landfill] will be able to continue operation until 2031 when it will be full and have to be closed. 20”
The City lies entirely within the Kings Groundwater Subbasin of the San Joaquin Valley Groundwater Basin.21 Due to groundwater overdraft and contamination from agricultural chemicals, provision of reliable sources of groundwater in both quantity and quality have been a challenge throughout most of the Central Valley.

Water supply is produced from six groundwater wells located throughout the City and distribution is provided by the Water Division of the City’s Public Works Department through a system in which pumps deliver water from beneath the ground to a network of watermains, pipelines and laterals which distribute water to residents 20 City of Fresno Department of Public Utilities. https://www.fresno.gov/publicutilities/facilities-infrastructure/american-avenue-landfill/ Accessed 18 July 2021.
21 DWR Bulletin 118 Groundwater Basin Boundary Assessment Tool. https://gis.water.ca.gov/app/bbat/ Accessed 18 July 2021.

Chapter 3 Impact Analysis – Utilities and Service Systems Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-62 and businesses. Municipal water is tested monthly to ensure quality. According to the Annual Water Quality Report (2017), the average depth to groundwater is 85 to 95 feet, and the existing wells produce drinking water of good quality that does not require treatment.

In 2014, the City entered into an agreement with CID to fund groundwater recharge programs in order to sustain the groundwater aquifer the City is reliant upon. CID provides water from the Kings River for groundwater recharge and irrigation to over 6,000 growers within its 144,000-acre service area, which includes the vicinity surrounding the City.

Impact Assessment
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant Impact. The Project proposes construction of 74 residential homes. Upon development, the Project will connect to the City’s sanitary sewer system. According to the District Engineer, the SKF County Sanitation District Treatment Plant has a capacity of 8.0 million gallons per day (mgd) with existing flows of

4.2 mgd (52.5% of capacity). By 2025, the SKF Capital Improvement Program (CIP) projects total flow at 5.71 mgd (71% of capacity). According to the 2016 Collection System Master Plan Update, the design flow coefficient is 270 gallons per day (gpd) per existing single-family residence. The Project would be expected to generate approximately 27,810 gpd of wastewater at full development. The Project can be served by the SKF County Sanitation District Treatment Plant and no new facilities will be needed.

Sewer infrastructure plans must be submitted to the District, including detailed floor and plumbing plans. All sewer system facilities must be designed and constructed in accordance with the District’s Collection System Construction Standards, the District’s Sewer System Master Plan, and other requirements as may be specified by the District.

Expansion plans for a wastewater treatment plant are generally required by the Regional Water Quality Control Board when 70% of design capacity is reached. This threshold is not expected at the SKF plant until after 2025.

The District, however, is currently updating its Master Plan to include provisions for long-term expansion of the plant and will make interim improvements (such as refurbishing aerators, basin improvements, fleet replacements, etc.) in conformance with the 10-year CIP.

The developer will be responsible for planning and installing wastewater collection and water delivery facilities as determined by the City Engineer. In addition, the developer will pay current development fees to off-set potential impacts to these facilities. Impacts would be less than significant. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. No new or expanded water entitlements would be required for the Project. See response a), above. Impacts would be less than significant. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than Significant Impact. As discussed in a) above, SKF has adequate capacity to serve the Project. Impacts would be less than significant.

Chapter 3 Impact Analysis – Utilities and Service Systems Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-63 d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. The City contracts with Waste Management, Inc., as the solid waste provider.

The City’s solid waste program includes waste disposal collection, a regular recyclables pickup program, and a green waste pickup program. Based on a generation rate for single family residential units of 12 pounds/unit/day, it is estimated that the Project will generate approximately 1,236 pounds per day of solid waste, or just less than one cubic yard per day.

After removing recyclable materials, the City’s solid waste is transferred to the Fresno County-owned and operated American Avenue Landfill located 25.1 miles northwest of Fowler near the City of Kerman. It is estimated that the landfill will be able to continue operation until 2031 when it will be full and require closure.

Subsequent to closure of the American Avenue Landfill, the Fowler area will most likely be served by a new landfill that will be developed in accordance with all applicable laws and regulations in effect at the time.

Impacts will be less than significant.
e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
No Impact. The Project shall comply with all applicable federal, State, and local regulations related to solid waste. There would be no impact.

Chapter 3 Impact Analysis – Wildfire
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-64 Wildfire
Table 3-28. Wildfire Impacts
Wildfire Impacts
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire or the uncontrollable spread of wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a
result of runoff, post-fire slope instability, or drainage changes?
Environmental Setting and Baseline Conditions
The Project is located in the City of Fowler in the northeast area of the City within Fresno County. The site is in a flat urbanized area of the Central San Joaquin Valley. It is in an urbanized area and would add a new subdivision to an area that has housing in the vicinity. The Project site would be served by the Fowler Fire Department, and it is not located in or near a State Responsibility Area. Additionally, the Project is not on or near land classified as a very high fire hazard severity zone. The nearest very high fire hazard severity zone is located approximately 25 miles northeast.

Impact Assessment
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Chapter 3 Impact Analysis – Wildfire
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-65 a-d) No Impact. The proposed project is not located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones. The nearest State Responsibility Area (SRA) is 14 miles to the northeast of the Project site. The nearest Federal Responsibility Area (FRA) is 20.4 miles to the northeast of the Project site22. Additionally, the site is approximately 25 miles from the nearest Very High classification of Fire Hazard Severity Zone (FHSZ). Therefore, further analysis of the Projects potential impacts to wildfire are not warranted. There would be no impact.
22 California Department of Forestry and Fire Protection. California State Responsibility Areas. https://www.arcgis.com/apps/mapviewer/index.html?layers=5ac1dae3cb2544629a845d9a19e83991 Accessed June 24, 2021.

Chapter 3 Impact Analysis – CEQA Mandatory Findings of Significance Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-66 CEQA Mandatory Findings of Significance
Table 3-29. Mandatory Findings of Significance Impacts
Mandatory Findings of Significance Impacts
Does the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the
number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the
major periods of California history or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or
indirectly?
Impact Assessment
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less Than Significant Impact with Mitigation Incorporated. The analysis conducted in this Initial Study/Mitigated Negative Declaration results in a determination that the Project, with incorporation of mitigation measures, will have a less than significant effect on the environment. The potential for impacts to biological resources, cultural resources, and tribal cultural resources from the implementation of the proposed Project will be less than significant with the incorporation of the mitigation measures discussed in Chapter 4 Mitigation Monitoring and Reporting Program. Accordingly, the proposed Project will involve no potential for significant impacts through the degradation of the quality of the environment, the reduction of habitat or population of fish or wildlife, including endangered plants or animals, the elimination of a plant or animal community or example of a major period of California history or prehistory.

Chapter 3 Impact Analysis – CEQA Mandatory Findings of Significance Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-67 b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less Than Significant Impact with Mitigation Incorporated. CEQA Guidelines Section 15064(i) States that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. The proposed Project would include the construction a new subdivision and associated infrastructure to connect the subdivision to the City. The Project site was anticipated for urbanization with the development of the 2004 General Plan Update. Therefore, implementation of the Project would not result in significant cumulative impacts and all potential impacts would be reduced to less than significant through the implementation of mitigation measures and basic regulatory requirements incorporated into future Project design.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less Than Significant Impact. The analysis conducted in this Initial Study results in a determination that the Project would have a less than a substantial adverse effect on human beings, either directly or indirectly with incorporation of mitigation measures.

Chapter 3 Impact Analysis – Determination
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 3-68 Determination: (To be completed by the Lead Agency)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. _______________________________________ _____________________________ Signature Date
______________________________________
Printed Name/Position
Chapter 4 Mitigation Monitoring and Reporting Program
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 4-1 Mitigation Monitoring and Reporting
Program
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Project in the City of Fowler. The MMRP lists mitigation measures recommended in the IS/MND for the Project and identifies monitoring and reporting requirements.

Table 4-1 presents the mitigation measures identified for the proposed Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number.

For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

The first column of Table 4-1 identifies the mitigation measure. The second column, entitled “When Monitoring is to Occur,” identifies the time the mitigation measure should be initiated. The third column, “Frequency of Monitoring,” identifies the frequency of the monitoring of the mitigation measure. The fourth column, “Agency Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last two columns will be used respectively by the City to verify the method utilized to confirm or implement compliance with mitigation measures and identify the individual(s) responsible to confirm mitigation measures have been complied with and monitored.

Chapter 4 Mitigation Monitoring and Reporting Program
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 4-2 Table 4-1 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur Frequency of Monitoring
Entity Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
Biological Resources
Mitigation Measure Bio-1: WEAP Training
Prior to initiating construction activities (including staging and mobilization), all personnel associated with Project construction shall attend mandatory Worker Environmental Awareness Program (WEAP) training, conducted by a
qualified biologist, to aid workers in identifying special status resources that may occur in the Project area. The specifics of this program shall include identification of the sensitive species and suitable habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to
biological resources within the work area. A fact sheet conveying this information, along with photographs or
illustrations of sensitive species with potential to occur onsite, shall also be prepared for distribution to all
contractors, their employees, and all other personnel
involved with construction of the Project. All employees shall sign a form documenting that they have attended
WEAP training and understand the information presented
to them.

Prior to Construction/During
Construction City of Fowler Training Sign in Sheet
Mitigation Measure Bio-2: General Pre-construction Survey A pre-construction survey for special status species shall be conducted by a qualified biologist within 30 days prior to the beginning of construction activities. If sensitive biological resources are present onsite, the biologist shall establish an appropriate buffer zone and label sensitive resources or areas of avoidance with flagging, fencing, or other easily visible means. If avoidance is not feasible, CDFW and/or USFWS shall be consulted to determine the best course of action.

Prior to Construction City of Fowler Survey Report
Chapter 4 Mitigation Monitoring and Reporting Program
Marshall Estates II
Provost & Pritchard Consulting Group • October 2021 4-3 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur Frequency of Monitoring
Entity Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
Cultural Resources
Mitigation Measure CUL-1:

If, during construction, cultural resources are discovered, all work shall be halted within 50 feet of the discovery. A professional archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards in
prehistoric or historical archaeology shall be retained by the City to determine the significance of the discovery. Upon a finding of significance, the City shall implement the required mitigation (if any) as determined by the archaeologist.

During Construction City of Fowler
Mitigation Measure CUL-2:

In the event human remains are encountered during
construction activities, all work within the vicinity of the remains would halt in accordance with Health and Safety Code §7050.5, Public Resources Code §5097.98, and
Section 15064.5 of the CEQA Guidelines, and the Fresno
County Coroner’s Office would be contacted.

During Construction City of Fowler
Provost & Pritchard Consulting Group • October 2021 Appendix A-1 Appendix A
CalEEMod Output Files
TSM 21-0015
Fresno County, Annual
Project Characteristics -
Land Use - Gross acreage used. Square footage based on lot size multiplied by minimum FAR of 0.2. Population based on Housing Element persons per household.

Grading - Assumes site is balanced.

Demolition - Assumes 4,000 square feet of buildings to be demolished.

Architectural Coating - Assumes Year 2022 SJVAPCD Rule 4601 applies.

Fleet Mix - Assumes 2024 SJVAPCD Residential Fleet Mix
Woodstoves - No woodstoves per Rule 4901
Area Coating - Assumes Year 2022 SJVAPCD Rule 4601
Land Use Change -
Construction Off-road Equipment Mitigation - Project submit to a Dust Control Plan.

Mobile Land Use Mitigation -

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Single Family Housing 74.00 Dwelling Unit 29.04 160,851.00 237

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
3 Wind Speed (m/s) 2.2 Precipitation Freq (Days) 45

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics
Utility Company Pacific Gas and Electric Company
Operational Year 2024
CO2 Intensity
(lb/MWhr)
203.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied Area Mitigation - Assumes Year 2022 SJVAPCD Rule 4601

2.0 Emissions Summary
Table Name Column Name Default Value New Value
tblArchitecturalCoating EF_Residential_Exterior 150.00 50.00 tblArchitecturalCoating EF_Residential_Interior 150.00 50.00 tblAreaCoating Area_EF_Residential_Exterior 150 50
tblAreaCoating Area_EF_Residential_Interior 150 50
tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblFleetMix HHD 0.02 0.02
tblFleetMix LDA 0.52 0.53
tblFleetMix LDT1 0.05 0.21
tblFleetMix LDT2 0.18 0.17
tblFleetMix LHD1 0.03 9.0000e-004
tblFleetMix LHD2 6.8290e-003 9.0000e-004
tblFleetMix MCY 0.02 2.5000e-003
tblFleetMix MDV 0.16 0.06
tblFleetMix MH 2.9750e-003 2.0000e-003
tblFleetMix MHD 0.01 8.0000e-003
tblFleetMix OBUS 7.0700e-004 0.00
tblFleetMix SBUS 1.4960e-003 2.0000e-004
tblFleetMix UBUS 2.8900e-004 4.3000e-003
tblLandUse LandUseSquareFeet 133,200.00 160,851.00
tblLandUse LotAcreage 24.03 29.04
tblLandUse Population 212.00 237.00
tblWoodstoves NumberCatalytic 3.70 0.00
tblWoodstoves NumberNoncatalytic 3.70 0.00
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022 0.3054 2.9229 2.5993 4.9400e0030.4348 0.1388 0.5736 0.1914 0.1293 0.3207 0.0000 432.1601 432.1601 0.1114 2.6800e003435.7437 2023 0.2165 1.9228 2.2084 3.9500e0030.0350 0.0914 0.1264 9.4500e0030.0860 0.0955 0.0000 343.6929 343.6929 0.0725 3.6500e003346.5924 2024 0.5364 0.2925 0.4217 7.0000e0044.8100e0030.0139 0.0187 1.2900e0030.0130 0.0143 0.0000 61.4661 61.4661 0.0158 2.6000e00461.9397 Maximum 0.5364 2.9229 2.5993 4.9400e0030.4348 0.1388 0.5736 0.1914 0.1293 0.3207 0.0000 432.1601 432.1601 0.1114 3.6500e003435.7437 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022 0.3054 2.9229 2.5993 4.9400e0030.2117 0.1388 0.3505 0.0905 0.1293 0.2197 0.0000 432.1597 432.1597 0.1114 2.6800e003435.7432 2023 0.2165 1.9228 2.2084 3.9500e0030.0350 0.0914 0.1264 9.4500e0030.0860 0.0955 0.0000 343.6926 343.6926 0.0725 3.6500e003346.5921 2024 0.5364 0.2925 0.4217 7.0000e0044.8100e0030.0139 0.0187 1.2900e0030.0130 0.0143 0.0000 61.4660 61.4660 0.0158 2.6000e00461.9396 Maximum 0.5364 2.9229 2.5993 4.9400e0030.2117 0.1388 0.3505 0.0905 0.1293 0.2197 0.0000 432.1597 432.1597 0.1114 3.6500e003435.7432 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 47.01 0.00 31.04 49.94 0.00 23.45 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2022 3-31-2022 1.0960 1.0960
2 4-1-2022 6-30-2022 0.9612 0.9612
3 7-1-2022 9-30-2022 0.5886 0.5886
4 10-1-2022 12-31-2022 0.5894 0.5894
5 1-1-2023 3-31-2023 0.5294 0.5294
6 4-1-2023 6-30-2023 0.5346 0.5346
7 7-1-2023 9-30-2023 0.5405 0.5405
8 10-1-2023 12-31-2023 0.5412 0.5412
9 1-1-2024 3-31-2024 0.5378 0.5378
10 4-1-2024 6-30-2024 0.2803 0.2803
Highest 1.0960 1.0960
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.6983 0.0340 0.5610 2.1000e0045.2800e0035.2800e0035.2800e0035.2800e0030.0000 32.9549 32.9549 1.4800e0035.9000e00433.1669 Energy 9.5900e0030.0820 0.0349 5.2000e0046.6300e0036.6300e0036.6300e0036.6300e0030.0000 149.5182 149.5182 0.0107 2.8100e003150.6221 Mobile 0.2094 0.3913 2.4905 7.0000e0030.7532 5.0800e0030.7583 0.2007 4.7400e0030.2055 0.0000 666.0493 666.0493 0.0483 0.0321 676.8352 Waste 0.0000 0.0000 0.0000 0.0000 17.3192 0.0000 17.3192 1.0235 0.0000 42.9076 Water 0.0000 0.0000 0.0000 0.0000 1.5296 3.3981 4.9277 0.1577 3.7800e0039.9944 Total 0.9173 0.5072 3.0864 7.7300e0030.7532 0.0170 0.7702 0.2007 0.0167 0.2174 18.8488 851.9205 870.7693 1.2416 0.0393 913.5262 Unmitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.6983 0.0340 0.5610 2.1000e0045.2800e0035.2800e0035.2800e0035.2800e0030.0000 32.9549 32.9549 1.4800e0035.9000e00433.1669 Energy 9.5900e0030.0820 0.0349 5.2000e0046.6300e0036.6300e0036.6300e0036.6300e0030.0000 149.5182 149.5182 0.0107 2.8100e003150.6221 Mobile 0.2086 0.3857 2.4540 6.8600e0030.7382 4.9900e0030.7432 0.1967 4.6500e0030.2014 0.0000 653.1478 653.1478 0.0476 0.0317 663.7697 Waste 0.0000 0.0000 0.0000 0.0000 17.3192 0.0000 17.3192 1.0235 0.0000 42.9076 Water 0.0000 0.0000 0.0000 0.0000 1.5296 3.3981 4.9277 0.1577 3.7800e0039.9944 Total 0.9165 0.5017 3.0499 7.5900e0030.7382 0.0169 0.7551 0.1967 0.0166 0.2133 18.8488 839.0190 857.8678 1.2409 0.0388 900.4607 Mitigated Operational

3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 1/1/2022 2/11/2022 5 30
2 Site Preparation Site Preparation 2/12/2022 3/11/2022 5 20 3 Grading Grading 3/12/2022 5/13/2022 5 45
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.08 1.10 1.18 1.81 2.00 0.53 1.97 2.00 0.54 1.89 0.00 1.51 1.48 0.06 1.25 1.43 CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied 4 Building Construction Building Construction 5/14/2022 1/19/2024 5 440 5 Paving Paving 1/20/2024 3/8/2024 5 35
6 Architectural Coating Architectural Coating 3/9/2024 4/26/2024 5 35 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 7.00 231 0.29
Demolition Excavators 3 8.00 158 0.38
Grading Excavators 2 8.00 158 0.38
Building Construction Forklifts 3 8.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Paving Pavers 2 8.00 130 0.42
Paving Paving Equipment 2 8.00 132 0.36
Paving Rollers 2 8.00 80 0.38
Demolition Rubber Tired Dozers 2 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Rubber Tired Dozers 3 8.00 247 0.40
Grading Scrapers 2 8.00 367 0.48
Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 2 8.00 97 0.37
Residential Indoor: 325,723; Residential Outdoor: 108,574; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 30
Acres of Grading (Grading Phase): 135
Acres of Paving: 0
CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.1 Mitigation Measures Construction
Water Exposed Area
Reduce Vehicle Speed on Unpaved Roads
Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 6 15.00 0.00 18.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 8 20.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 27.00 8.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 5.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 1.9700e0030.0000 1.9700e0033.0000e0040.0000 3.0000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0396 0.3858 0.3089 5.8000e0040.0186 0.0186 0.0173 0.0173 0.0000 50.9853 50.9853 0.0143 0.0000 51.3434 Total 0.0396 0.3858 0.3089 5.8000e0041.9700e0030.0186 0.0206 3.0000e0040.0173 0.0176 0.0000 50.9853 50.9853 0.0143 0.0000 51.3434 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 3.0000e0051.3800e0032.6000e0041.0000e0051.5000e0041.0000e0051.7000e0044.0000e0051.0000e0056.0000e0050.0000 0.5316 0.5316 0.0000 8.0000e0050.5566 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.6000e0045.2000e0045.8200e0032.0000e0051.8000e0031.0000e0051.8100e0034.8000e0041.0000e0054.9000e0040.0000 1.4707 1.4707 5.0000e0054.0000e0051.4852 Total 7.9000e0041.9000e0036.0800e0033.0000e0051.9500e0032.0000e0051.9800e0035.2000e0042.0000e0055.5000e0040.0000 2.0022 2.0022 5.0000e0051.2000e0042.0418 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 8.9000e0040.0000 8.9000e0041.3000e0040.0000 1.3000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0396 0.3858 0.3089 5.8000e0040.0186 0.0186 0.0173 0.0173 0.0000 50.9853 50.9853 0.0143 0.0000 51.3433 Total 0.0396 0.3858 0.3089 5.8000e0048.9000e0040.0186 0.0195 1.3000e0040.0173 0.0175 0.0000 50.9853 50.9853 0.0143 0.0000 51.3433 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 3.0000e0051.3800e0032.6000e0041.0000e0051.5000e0041.0000e0051.7000e0044.0000e0051.0000e0056.0000e0050.0000 0.5316 0.5316 0.0000 8.0000e0050.5566 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.6000e0045.2000e0045.8200e0032.0000e0051.8000e0031.0000e0051.8100e0034.8000e0041.0000e0054.9000e0040.0000 1.4707 1.4707 5.0000e0054.0000e0051.4852 Total 7.9000e0041.9000e0036.0800e0033.0000e0051.9500e0032.0000e0051.9800e0035.2000e0042.0000e0055.5000e0040.0000 2.0022 2.0022 5.0000e0051.2000e0042.0418 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.3 Site Preparation - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.1966 0.0000 0.1966 0.1010 0.0000 0.1010 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0317 0.3308 0.1970 3.8000e0040.0161 0.0161 0.0148 0.0148 0.0000 33.4394 33.4394 0.0108 0.0000 33.7098 Total 0.0317 0.3308 0.1970 3.8000e0040.1966 0.0161 0.2127 0.1010 0.0148 0.1159 0.0000 33.4394 33.4394 0.0108 0.0000 33.7098 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.1000e0044.1000e0044.6500e0031.0000e0051.4400e0031.0000e0051.4500e0033.8000e0041.0000e0053.9000e0040.0000 1.1765 1.1765 4.0000e0054.0000e0051.1881 Total 6.1000e0044.1000e0044.6500e0031.0000e0051.4400e0031.0000e0051.4500e0033.8000e0041.0000e0053.9000e0040.0000 1.1765 1.1765 4.0000e0054.0000e0051.1881 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.3 Site Preparation - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0885 0.0000 0.0885 0.0455 0.0000 0.0455 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0317 0.3308 0.1970 3.8000e0040.0161 0.0161 0.0148 0.0148 0.0000 33.4394 33.4394 0.0108 0.0000 33.7097 Total 0.0317 0.3308 0.1970 3.8000e0040.0885 0.0161 0.1046 0.0455 0.0148 0.0603 0.0000 33.4394 33.4394 0.0108 0.0000 33.7097 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.1000e0044.1000e0044.6500e0031.0000e0051.4400e0031.0000e0051.4500e0033.8000e0041.0000e0053.9000e0040.0000 1.1765 1.1765 4.0000e0054.0000e0051.1881 Total 6.1000e0044.1000e0044.6500e0031.0000e0051.4400e0031.0000e0051.4500e0033.8000e0041.0000e0053.9000e0040.0000 1.1765 1.1765 4.0000e0054.0000e0051.1881 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.2071 0.0000 0.2071 0.0822 0.0000 0.0822 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0816 0.8740 0.6534 1.4000e0030.0368 0.0368 0.0338 0.0338 0.0000 122.7029 122.7029 0.0397 0.0000 123.6950 Total 0.0816 0.8740 0.6534 1.4000e0030.2071 0.0368 0.2439 0.0822 0.0338 0.1161 0.0000 122.7029 122.7029 0.0397 0.0000 123.6950 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5100e0031.0300e0030.0116 3.0000e0053.6000e0032.0000e0053.6200e0039.6000e0042.0000e0059.7000e0040.0000 2.9413 2.9413 1.0000e0049.0000e0052.9704 Total 1.5100e0031.0300e0030.0116 3.0000e0053.6000e0032.0000e0053.6200e0039.6000e0042.0000e0059.7000e0040.0000 2.9413 2.9413 1.0000e0049.0000e0052.9704 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0932 0.0000 0.0932 0.0370 0.0000 0.0370 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0816 0.8740 0.6534 1.4000e0030.0368 0.0368 0.0338 0.0338 0.0000 122.7027 122.7027 0.0397 0.0000 123.6948 Total 0.0816 0.8740 0.6534 1.4000e0030.0932 0.0368 0.1300 0.0370 0.0338 0.0708 0.0000 122.7027 122.7027 0.0397 0.0000 123.6948 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.5100e0031.0300e0030.0116 3.0000e0053.6000e0032.0000e0053.6200e0039.6000e0042.0000e0059.7000e0040.0000 2.9413 2.9413 1.0000e0049.0000e0052.9704 Total 1.5100e0031.0300e0030.0116 3.0000e0053.6000e0032.0000e0053.6200e0039.6000e0042.0000e0059.7000e0040.0000 2.9413 2.9413 1.0000e0049.0000e0052.9704 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1408 1.2883 1.3500 2.2200e0030.0667 0.0667 0.0628 0.0628 0.0000 191.1733 191.1733 0.0458 0.0000 192.3183 Total 0.1408 1.2883 1.3500 2.2200e0030.0667 0.0667 0.0628 0.0628 0.0000 191.1733 191.1733 0.0458 0.0000 192.3183 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.3600e0030.0356 0.0101 1.4000e0044.3800e0033.8000e0044.7600e0031.2600e0033.7000e0041.6300e0030.0000 13.1795 13.1795 1.0000e0041.9900e00313.7738 Worker 7.4900e0035.1100e0030.0576 1.6000e0040.0178 9.0000e0050.0179 4.7300e0038.0000e0054.8200e0030.0000 14.5597 14.5597 4.8000e0044.4000e00414.7033 Total 8.8500e0030.0407 0.0677 3.0000e0040.0222 4.7000e0040.0227 5.9900e0034.5000e0046.4500e0030.0000 27.7391 27.7391 5.8000e0042.4300e00328.4770 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1408 1.2883 1.3500 2.2200e0030.0667 0.0667 0.0628 0.0628 0.0000 191.1731 191.1731 0.0458 0.0000 192.3181 Total 0.1408 1.2883 1.3500 2.2200e0030.0667 0.0667 0.0628 0.0628 0.0000 191.1731 191.1731 0.0458 0.0000 192.3181 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.3600e0030.0356 0.0101 1.4000e0044.3800e0033.8000e0044.7600e0031.2600e0033.7000e0041.6300e0030.0000 13.1795 13.1795 1.0000e0041.9900e00313.7738 Worker 7.4900e0035.1100e0030.0576 1.6000e0040.0178 9.0000e0050.0179 4.7300e0038.0000e0054.8200e0030.0000 14.5597 14.5597 4.8000e0044.4000e00414.7033 Total 8.8500e0030.0407 0.0677 3.0000e0040.0222 4.7000e0040.0227 5.9900e0034.5000e0046.4500e0030.0000 27.7391 27.7391 5.8000e0042.4300e00328.4770 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.2045 1.8700 2.1117 3.5000e0030.0910 0.0910 0.0856 0.0856 0.0000 301.3462 301.3462 0.0717 0.0000 303.1383 Total 0.2045 1.8700 2.1117 3.5000e0030.0910 0.0910 0.0856 0.0856 0.0000 301.3462 301.3462 0.0717 0.0000 303.1383 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.1200e0030.0457 0.0137 2.1000e0046.9000e0032.9000e0047.1900e0031.9900e0032.8000e0042.2700e0030.0000 20.0019 20.0019 1.1000e0043.0100e00320.9018 Worker 0.0109 7.0400e0030.0830 2.4000e0040.0281 1.4000e0040.0282 7.4600e0031.3000e0047.5800e0030.0000 22.3448 22.3448 6.7000e0046.4000e00422.5523 Total 0.0120 0.0527 0.0967 4.5000e0040.0350 4.3000e0040.0354 9.4500e0034.1000e0049.8500e0030.0000 42.3467 42.3467 7.8000e0043.6500e00343.4541 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.2045 1.8700 2.1117 3.5000e0030.0910 0.0910 0.0856 0.0856 0.0000 301.3458 301.3458 0.0717 0.0000 303.1380 Total 0.2045 1.8700 2.1117 3.5000e0030.0910 0.0910 0.0856 0.0856 0.0000 301.3458 301.3458 0.0717 0.0000 303.1380 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.1200e0030.0457 0.0137 2.1000e0046.9000e0032.9000e0047.1900e0031.9900e0032.8000e0042.2700e0030.0000 20.0019 20.0019 1.1000e0043.0100e00320.9018 Worker 0.0109 7.0400e0030.0830 2.4000e0040.0281 1.4000e0040.0282 7.4600e0031.3000e0047.5800e0030.0000 22.3448 22.3448 6.7000e0046.4000e00422.5523 Total 0.0120 0.0527 0.0967 4.5000e0040.0350 4.3000e0040.0354 9.4500e0034.1000e0049.8500e0030.0000 42.3467 42.3467 7.8000e0043.6500e00343.4541 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0110 0.1008 0.1213 2.0000e0044.6000e0034.6000e0034.3300e0034.3300e0030.0000 17.3887 17.3887 4.1100e0030.0000 17.4915 Total 0.0110 0.1008 0.1213 2.0000e0044.6000e0034.6000e0034.3300e0034.3300e0030.0000 17.3887 17.3887 4.1100e0030.0000 17.4915 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 6.0000e0052.6400e0037.7000e0041.0000e0054.0000e0042.0000e0054.1000e0041.1000e0042.0000e0051.3000e0040.0000 1.1343 1.1343 1.0000e0051.7000e0041.1853 Worker 5.8000e0043.6000e0044.4200e0031.0000e0051.6200e0031.0000e0051.6300e0034.3000e0041.0000e0054.4000e0040.0000 1.2566 1.2566 3.0000e0053.0000e0051.2677 Total 6.4000e0043.0000e0035.1900e0032.0000e0052.0200e0033.0000e0052.0400e0035.4000e0043.0000e0055.7000e0040.0000 2.3909 2.3909 4.0000e0052.0000e0042.4529 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0110 0.1008 0.1213 2.0000e0044.6000e0034.6000e0034.3300e0034.3300e0030.0000 17.3887 17.3887 4.1100e0030.0000 17.4915 Total 0.0110 0.1008 0.1213 2.0000e0044.6000e0034.6000e0034.3300e0034.3300e0030.0000 17.3887 17.3887 4.1100e0030.0000 17.4915 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 6.0000e0052.6400e0037.7000e0041.0000e0054.0000e0042.0000e0054.1000e0041.1000e0042.0000e0051.3000e0040.0000 1.1343 1.1343 1.0000e0051.7000e0041.1853 Worker 5.8000e0043.6000e0044.4200e0031.0000e0051.6200e0031.0000e0051.6300e0034.3000e0041.0000e0054.4000e0040.0000 1.2566 1.2566 3.0000e0053.0000e0051.2677 Total 6.4000e0043.0000e0035.1900e0032.0000e0052.0200e0033.0000e0052.0400e0035.4000e0043.0000e0055.7000e0040.0000 2.3909 2.3909 4.0000e0052.0000e0042.4529 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 20 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0173 0.1667 0.2560 4.0000e0048.2000e0038.2000e0037.5400e0037.5400e0030.0000 35.0464 35.0464 0.0113 0.0000 35.3298 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0173 0.1667 0.2560 4.0000e0048.2000e0038.2000e0037.5400e0037.5400e0030.0000 35.0464 35.0464 0.0113 0.0000 35.3298 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.5000e0044.6000e0045.7300e0032.0000e0052.1000e0031.0000e0052.1100e0035.6000e0041.0000e0055.7000e0040.0000 1.6289 1.6289 5.0000e0054.0000e0051.6433 Total 7.5000e0044.6000e0045.7300e0032.0000e0052.1000e0031.0000e0052.1100e0035.6000e0041.0000e0055.7000e0040.0000 1.6289 1.6289 5.0000e0054.0000e0051.6433 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 21 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0173 0.1667 0.2560 4.0000e0048.2000e0038.2000e0037.5400e0037.5400e0030.0000 35.0464 35.0464 0.0113 0.0000 35.3298 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0173 0.1667 0.2560 4.0000e0048.2000e0038.2000e0037.5400e0037.5400e0030.0000 35.0464 35.0464 0.0113 0.0000 35.3298 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.5000e0044.6000e0045.7300e0032.0000e0052.1000e0031.0000e0052.1100e0035.6000e0041.0000e0055.7000e0040.0000 1.6289 1.6289 5.0000e0054.0000e0051.6433 Total 7.5000e0044.6000e0045.7300e0032.0000e0052.1000e0031.0000e0052.1100e0035.6000e0041.0000e0055.7000e0040.0000 1.6289 1.6289 5.0000e0054.0000e0051.6433 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 0.5032 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.1600e0030.0213 0.0317 5.0000e0051.0700e0031.0700e0031.0700e0031.0700e0030.0000 4.4682 4.4682 2.5000e0040.0000 4.4745 Total 0.5064 0.0213 0.0317 5.0000e0051.0700e0031.0700e0031.0700e0031.0700e0030.0000 4.4682 4.4682 2.5000e0040.0000 4.4745 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.5000e0041.5000e0041.9100e0031.0000e0057.0000e0040.0000 7.0000e0041.9000e0040.0000 1.9000e0040.0000 0.5430 0.5430 2.0000e0051.0000e0050.5478 Total 2.5000e0041.5000e0041.9100e0031.0000e0057.0000e0040.0000 7.0000e0041.9000e0040.0000 1.9000e0040.0000 0.5430 0.5430 2.0000e0051.0000e0050.5478 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 34 Date: 10/13/2021 11:41 AM TSM 21-0015 - Fresno County, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied