MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, MAY 16, 2023
6:00 P.M.
CITY COUNCIL CHAMBER
128 SOUTH 5TH STREET
FOWLER, CA 93625
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.
City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.
En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.
The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/86519317806?pwd=WWtYMWNlRmNSamMzeGJDMzBHOVByZz09 Telephone Number: (253) 215-8782
Meeting ID: 865 1931 7806
Passcode: 084648
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 Father George Arakelian of Saint Gregory Armenian Apostolic Church
4. Pledge of Allegiance
5. Ceremonial Presentations
5-A. Employee of the Quarter – Jon Michael Hammond
5-B. National Public Works Week Proclamation
5-C. Recreation Commissioner Service Recognition
6. Public Comment
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.
7. Consent Calendar
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
7-A. RATIFY Warrants for May 16, 2023
7-B. APPROVE Minutes of the May 2, 2023 City Council Meeting 7-C. APPROVE a First Amendment to the Agreement with Provost & Pritchard Consulting Group for design and professional services for new water well no. 9 in the amount of $15,000 to add grant administration services (Public Works) 7-D. APPROVE Resolution No. 2643 for a project list of SB 1 Local Streets and Road Maintenance and Rehabilitation Account funds for Fiscal Year 2023-24 (Public Works)
8. Contested Consent Calendar - Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.
9. Staff Communications (City Manager)
10. Councilmember Reports and Comments
11. Closed Session
11-A. Government Code Section 54956.9(d)(1)
Conference with Legal Counsel – Existing Litigation
Case Name: Gordon Panzak v. City of Fowler (Fresno County Superior Court 17CECG02635)
11-B. Government Code Section 54956.9(d)(2)
Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation
Unknown number of potential cases, but at least five
11-C. Government Code Section 54956.8
Conference with Real Property Negotiator
Property: 119 South 6th Street
Agency Negotiator: Thomas Gaffery, Community & Economic Development Director
Negotiating Parties: United Security Bank, Bobby Aulakh, Mandeep Singh Under Negotiation: Price and Terms of Potential Sale
12. Adjourn
Next Ordinance No. 2023-08
Next Resolution No. 2644
CERTIFICATION: I, Angela Vasquez, City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, May 12, 2023.
Angela Vasquez
Angela Vasquez, CPMC
City Clerk
CHECK NUMBERS CHECK DATES AMOUNT
ACCOUNTS PAYABLE CHECKS
Regular checks 41226-41297 May 1 thru May 15 $ 178,304.90 TOTAL ACCOUNTS PAYABLE CHECKS $ 178,304.90
PAYROLL COSTS
First May Bi-Monthly Payroll May 15, 2023 $ 101,956.57
TOTAL PAYROLL COSTS $ 101,956.57
TOTAL CASH DISBURSEMENTS $ 280,261.47
NOTE:
Check #41270 Void Check
CITY OF FOWLER
WARRANTS LIST
May 16, 2023
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1 MINUTES OF THE FOWLER CITY COUNCIL MEETING
Tuesday, May 2, 2023
Mayor Parra called the meeting to order at 6:00 p.m.
Councilmembers Present: Parra, Mejia, Gill, Hammer, Kazarian (via teleconference) City Staff Present: City Manager Tucker, Deputy City Attorney Lear, Interim Public Works Supervisor Aranda, Community and Economic Development Director Gaffery, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, City Clerk Vasquez
City Clerk Vasquez announced changes to the agenda as follows:
• Item 6-F should read in the amount of $30,000 for an adjusted total on-call contract amount of $150,000 from the original $120,000.
• Closed session Item 11-A is being removed in its entirety.
The changes to the agenda were accepted by Council by roll call vote: Ayes: Parra, Mejia, Gill, Hammer, Kazarian
5. PUBLIC COMMENT
Two members of the public spoke.
6. CONSENT CALENDAR
Councilmember Gill made a motion to approve Items 6-A through 6-G and 6-I through 6-L of the consent calendar, seconded by Mayor Pro-Tem Mejia. The motion carried by roll call vote: Ayes: Gill, Mejia, Hammer, Kazarian, Parra
7. CONTESTED CONSENT CALENDAR
Councilmember Kazarian pulled Item 6-H for further discussion.
Council directed staff to return with an amendment to the Fire Academy Training Grant Resolution to include additional training providers.
Councilmember Hammer made a motion to approve Item 6-H, seconded by Councilmember Gill. The motion carried by roll call vote: Ayes: Hammer, Gill, Kazarian, Mejia, Parra
8. GENERAL ADMINISTRATION
8-A. Finance Department
7-B
2 i. WORKSHOP to introduce the proposed FY 2023-24 budget – No action to be taken
8-B. Public Works Department
i. APPROVE an Agreement with Dewberry Engineers, Inc. in an amount not to exceed $111,516 for the Elevated Water Storage Tank Rehabilitation project, and authorize the City Manager to negotiate such agreement
Councilmember Hammer made a motion to APPROVE an Agreement with Dewberry Engineers, Inc. in an amount not to exceed $111,516 for the Elevated Water Storage Tank Rehabilitation project, and authorize the City Manager to negotiate such agreement, seconded by Mayor ProTem Mejia. The motion carried by roll call vote: Ayes: Hammer, Mejia, Gill, Kazarian, Parra
9. STAFF COMMUNICATIONS
Updates were provided by City Manager Tucker, Police Chief Reid, City Engineer Park, and Community and Economic Development Director Gaffery.
10. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Mayor Pro-Tem Mejia, Mayor Parra, and Councilmember Gill.
11. CLOSED SESSION
This item was removed.
12. ADJOURN
Having no further business, the meeting adjourned at 7:11 p.m.
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-C
REPORT TO THE CITY COUNCIL
May 16, 2023
FROM THOMAS W. GAFFERY IV, Community & Economic Development Director
SUBJECT
APPROVE a First Amendment to the Agreement with Provost & Pritchard Consulting Group for design and professional services for new water well no. 9 in the amount of $15,000 to add grant administration services.
RECOMMENDATION
Staff recommend City Council take the above action.
BACKGROUND
The City received grant funds from the Department of Water Resources’ (DWR) Small Community Drought Relief Program for the design of a new water well. Staff solicited a Request for Qualifications and on November 1, 2022, the City Council awarded the contract to Provost & Pritchard Consulting Group. The Amendment will add a grant administration scope to manage the quarterly invoicing and reporting to DWR. The City will be billed on a time and materials basis for actual hours of work. Provost & Pritchard’s extensive experience in managing DWR grants make them highly qualified to perform this scope of work.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
Approve a First Amendment to the Agreement with Provost & Pritchard Consulting Group May 16, 2023
FISCAL IMPACT
The project is funded through a $3.7M California Department of Water Resources Small Community Drought Relief Program grant.
CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
Attachments
- First Amendment
- First Amendment, Exhibit A
- November 1, 2022 Consultant Services Agreement
FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT FOR DESIGN AND ENGINEERING SERVICES FOR NEW WATER WELL NO. 9 DATED NOVEMBER 1, 2022
BETWEEN THE CITY OF FOWLER AND PROVOST & PRITCHARD CONSULTING GROUP A. The City desires modifications to the services beyond the scope of the Agreement.
B. The total amount paid by the City to Provost & Pritchard Consulting Group as stated on Page 6 of the Agreement is revised to not exceed Four Hundred Sixty-eight Thousand and Five Hundred and Thirty-one Dollars ($468,531).
C. An additional scope of work is authorized as shown in EXHIBIT A which shall become a substantive part of the Agreement.
D. 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 on May 16, 2023.
PROVOST & PRITCHARD ENGINEERING CITY OF FOWLER
GROUP, INC. DBA PROVOST &
PRITCHARD CONSULTING GROUP
__________________________
Matthew Kemp Wilma Tucker
Chief Strategic Officer City Manager
Date: Date:
455 West Fir Avenue 128 South 5th Street
Clovis, CA 93611 Fowler, CA 93625
(559) 449-2700 (559) 834-3113
455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
\\ppeng.com\pzdata\clients\Fowler_City of-2619\261922024-Water Well No. 9\000 Project Management\001 Proposal\DWR Project Admin Proposal\City of Fowler New Well 9 - Grant Administration Proposal.docx
Engineering Surveying Structural Geostructural Planning Environmental GIS Construction Services Hydrogeology Consulting Clovis Bakersfield Visalia Modesto Los Banos Chico Sacramento Sonora San Luis Obispo Boise, Idaho March 23, 2023
Dario Dominguez
City of Fowler
128 S. Fifth Street
Fowler, CA 93626
Subject: Contract Amendment No.1 for Project 2619-22024, New Water Well No. 9 in Fowler, California; Additional Phase for Grant Administration Services Dear Dario Dominguez:
The City of Fowler (City) and Provost & Pritchard have an executed contract to perform the engineering and survey services for the project named above, for which the City received grant funds from Department of Water Resources (DWR) through the Small Community Drought Relief Program. It is our understanding the City of Fowler (City) is requesting assistance with administration of their grant agreement.
Task 101: Grant Administration
Subtask 101.1: Invoicing
Provost & Pritchard (P&P) will prepare reimbursement requests, each of which include invoices and appropriate backup documentation for the preceding month’s expenses. The reimbursement request will be submitted to the DWR Project Manager, describing the work completed and listing the costs incurred during the billing cycle.
Invoices will be prepared and submitted to DWR on a quarterly basis during the design phase (from May 2023 to October 2023) and on a monthly basis during the construction phase (October 2023 to December 2024).
Subtask 101.2: Reporting
Reporting includes preparing and submitting progress reports to DWR. The reports include Quarterly Reports and Draft/Final Project Completion Report which will follow the guidelines set forth in Exhibit F – Report Formats and Requirements in the Funding Agreement.
Quarterly reports will include pertinent information pertaining to the project status, general project information as the project is progressing, project costs, and schedule updates. Quarterly reporting will begin in May 2023 and will remain for the duration of the project. Eight Quarterly Reports are anticipated to be submitted to DWR.
The Draft and Final Project Completion Report will be prepared and submitted to DWR within (90) calendar days of project completion. The report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during the project. The Project Completion Report shall include, if applicable, certification of final project by a registered civil engineer.
EXHIBIT A
City of Fowler March 23, 2023
Contract Amendment No. 1: New Water Well No. 9 Page 2 of 2 \\ppeng.com\pzdata\clients\Fowler_City of-2619\261922024-Water Well No. 9\000 Project Management\001 Proposal\DWR Project Admin Proposal\City of Fowler New Well 9 - Grant Administration Proposal.docx
Deliverables:
• Prepare invoices and supporting documents (16)
• Quarterly progress reports (8)
• Draft and Final Project Completion Reports
Professional Fees
Provost & Pritchard Consulting Group will perform the services in this Phase on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, exclusive of reimbursable expenses, will not exceed our estimate of $15,000 without additional authorization.
Schedule
Once we receive an executed copy of this Proposal and are authorized to proceed, we can prepare the DWR invoices and reports, with the first submittal occurring in late May 2023.
Invoicing and reporting services will occur until the end of the grant funding deadline (December 31st, 2024). Agency review time is beyond our control.
Assumptions
• Time to prepare reimbursement request is assuming DWR will not have any comments on reimbursement requests and revisions are not needed. • The “Auditable Reports” deliverable listed under Task 1 – Project Administration of the Funding Agreement is outside the scope of this proposal and is assumed to be prepared by the City.
• The deliverables outlined in this proposal are based on Exhibit A – Work Plan in the Executed Funding Agreement between the State of California Department of Water Resources and City of Fowler for the City of Fowler Drought Resiliency Project – Well 9.
Terms and Conditions
The work described above is an addendum to the Agreement for Professional Services executed between the City of Fowler and Provost & Pritchard Consulting Group on November 1, 2022.
The signature below authorizes the additional scope and budget, as described above. Please sign, date, and return to Renee Tiscareno via email to [email protected].
Client: City of Fowler
Provost & Pritchard Engineering Group,
Inc. dba Provost & Pritchard Consulting
Group
By: By:
Name/Title: Name/Title: Matthew W. Kemp / Chief
Strategic Officer
Date Signed: Date Signed: 3/23/2023
CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 7-D
REPORT TO THE CITY COUNCIL
May 16, 2023
FROM SOO HO PARK, City Engineer
SUBJECT
APPROVE Resolution No. 2643 for a project list of SB 1 Local Streets and Road Maintenance and Rehabilitation Account funds for Fiscal Year 2023-24.
RECOMMENDATION
Staff recommends the City Council take the above action.
BACKGROUND
In April 2017, the California State Legislature passed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. As part SB 1, specific transparency and accountability provisions must be met to ensure that the public is aware of the projects that have been completed utilizing SB 1 funds.
In 2019, all City streets were evaluated and rated as part of a pavement management system update.
The pavements have been evaluated to determine their Pavement Condition Index (PCI). The PCI scale ranges from 100 (new road) to 0 (gravel road). Typically, street maintenance strategies are aligned with the following PCI scale:
SB1 LSR Project List FY23-24
May 16, 2023
PCI Range Treatment
100-85 No Treatment
85-70 Slurry Seal
70-50 Cape Seal or Thin Overlay
50-25 Thick Overlay
25-0 Reconstruction
Each year, the City is required to update and provide a list of proposed projects to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), in accordance with SB 1. This list must include the:
• Location of the project
• Proposed schedule of completion
• Estimated useful life of the improvement
Additionally, cities and counties must annually adopt a resolution with a list of projects they anticipate funding with SB1 funds. The project lists must be submitted to the California Transportation Commission (CTC) by July 1 to be eligible for SB 1 funding for the following fiscal year.
For FY 23-24, the City is expected to have a total of $323,096 from the RMRA fund. This also includes previously unused funds, with interest. Based on the Pavement Management System adopted by the City in 2019, staff has identified candidate projects for the RMRA funding program. Candidate projects were identified utilizing the pavement condition index (PCI) for each roadway segment and the funding available.
The candidate projects for FY 23-24 are:
Project Description Location PCI
Fresno Street Resurface roadway 5th Street to 3rd Street 24 7th Street Resurface roadway Modesto Street to Adams Avenue 29 7th Street Resurface roadway Vine Street to Fresno Street 30 Staff’s recommended FY 23-24 project is to resurface Fresno Street from 5th Street to 3rd Street.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
FISCAL IMPACT
Adoption of the project list will allow the City to maintain eligibility to receive the FY 23-24 SB1 funds.
SB1 LSR Project List FY23-24
May 16, 2023
CONFLICT OF INTEREST
Staff are not aware of any conflicts of interest.
Attachments
- Resolution No. 2643
RESOLUTION NO. 2643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 TO BE FUNDED
BY ROAD MAINTENANCE AND REHABILITATION ACCOUNT REVENUES IN
ACCORDANCE WITH THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 (SB 1)
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions to ensure the residents of the City of Fowler (“City”) are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $172,102 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, the City has an estimate unused funds of $150,994 in RMRA funding from Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the seventh (7th) year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one (1) street within the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition. This revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler, State of California, that:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in-part or solely with fiscal year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project Description Location Estimated
Useful Life
Anticipated Year of
Construction
Fresno Street
Rehabilitation
Resurface
roadway
5th Street to
3rd Street
10-15
Years
2024
PASSED, APPROVED AND ADOPTED this 16th day of May 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, City Clerk