Agenda packet — Fowler City Council, July 18, 2023 (part 1 of 2)

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MEETING OF THE FOWLER CITY COUNCIL
AGENDA
TUESDAY, JULY 18, 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 and Planning Commission meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings or Planning Commission: 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 and Planning Commission 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/88468604045?pwd=bUdPc3NMNHJHamZrS0Uxd2lFRWNqUT09 Telephone Number: (253) 215-8782
Meeting ID: 884 6860 4045
Passcode: 835173
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

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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 and Planning Commission 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 or Commissioner 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 or Commission.

1. City Council Meeting Called to Order

2. Roll Call

3. Invocation by Pastor Wally Roberts of Rose of Sharon Church

4. Pledge of Allegiance

5. Public Comment
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.

6. Consent Calendar
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
6-A. RATIFY Warrants for July 18, 2023
6-B. APPROVE Minutes of the June 20, 2023 City Council and Planning Commission Joint Special Meeting
6-C. APPROVE Resolution No. 2655 approving the updated Employee Benefits Handbook (Clerk)

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6-D. APPROVE the declaration of one Case backhoe as surplus property (Finance) 6-E. APPROVE a professional services agreement with Price Paige & Company for FY 2022-23 (Finance)
6-F. APPROVE Resolution No. 2656, A Resolution of the City Council of the City of Fowler Approving Updated Development Impact Fee Schedule (Finance) 6-G. APPROVE Resolution No. 2657 Concerning Certifications and Claims for Collection of Measure “C” Funds for Fiscal Year 2023-2024 and Authorize the Finance Director to Sign the Local Transportation Pass Through Revenue Certifications and Claims Form (Finance)
6-H. APPROVE an agreement with Fowler Unified School District to provide fueling services to the City of Fowler’s fleet for the period of August 1, 2023 to June 30, 2025 and authorize the City Manager to execute the agreement (Public Works) 6-I. Actions pertaining to Landscape and Storm Drainage Facilities Maintenance District No. 1 Annual Assessments – Approve Engineer’s Report and Intent to Order Levy (Public Works)
i) APPROVE Resolution No. 2658, a resolution approving the City Engineer’s Report for Landscape and Storm Drainage Facilities Maintenance District No. 1 for Fiscal Year 2023-24
ii) APPROVE Resolution No. 2659, a resolution of the City’s intention to levy and collect the annual assessment of the Landscape and Storm Drainage Facilities Maintenance District No. 1, for Fiscal Year 2023-2024, and to set a public hearing for August 1, 2023
6-J. Actions pertaining to a Water Shortage Contingency Plan (Public Works) i) ADOPT Ordinance 2023-02, Amending Article 11 and adding Article 14 to Chapter 4, Title 6 of the Fowler Municipal Code to implement a Water Shortage Contingency Plan
ii) APPROVE Resolution No. 2660, A Resolution of the City Council of the City of Fowler Adopting a Water Shortage Contingency Plan 6-K. APPROVE an amendment in the amount of $8,140 to the City’s Agreement with DTA Finance for the Water Rate Study and Formation of Citywide Community Facilities District (Public Works)

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

8. General Administration
8-A. Public Works Department
i. Workshop on Water Rate Study progress

9. Staff Communications (City Manager)

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10. Councilmember Reports and Comments

11. Closed Session
11-A. Government Code Section 54957.6
Conference with Labor Negotiators
Agency designated representative: City Manager
Unrepresented employee: Public Works Director
11-B. Government Code Section 54957
Public Employee Appointment/Employment
Title: Public Works Director
11-C. Government Code Section 54956.9(d)(4)
Conference with Legal Counsel
Deciding Whether to Initiate Litigation
318 S 8th Street

12. Adjourn
Next Ordinance No. 2023-08
Next Resolution No. 2661
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, July 14, 2023.

Angela Vasquez
Angela Vasquez, CPMC
City Clerk

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 41447 - 41559 June 16 thru July 15 $ 477,678.99TOTAL ACCOUNTS PAYABLE CHECKS $ 477,678.99

PAYROLL COSTS
Second June Bi-Monthly Payroll June 30, 2023 104,858.69 $ First July Bi-Monthly Payroll July 14, 2023 106,831.18 $ TOTAL PAYROLL COSTS $ 211,689.87
TOTAL CASH DISBURSEMENTS $ 689,368.86
NOTE:

Check # 41461 Void Check

CITY OF FOWLER

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CITY COUNCIL AND PLANNING COMMISSION JOINT SPECIAL

MEETING
TUESDAY, JUNE 20, 2023 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Parra called the meeting to order at 6:00 p.m.

2. ROLL CALL
PRESENT:

Daniel Parra
Juan Mejia
Amarjeet Gill
Leonard Hammer
Karnig Kazarian
PLANNING COMMISSIONERS PRESENT:

Mellon
Kandarian
Prado
Rodriguez

CITY STAFF PRESENT
City Manager Tucker, City Deputy Attorney Lear, Community and Economic Development Director Gaffery, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, City Clerk Vasquez

5. CEREMONIAL PRESENTATIONS
5-A. Lady Redcats softball team recognition
Adjourn to Joint Special Meeting of the Planning Commission and City Council The Joint Special Meeting of the Planning Commission and City Council was called to order at 6:11 p.m.

6. WORKSHOP on multi-jurisdictional hosing element
Adjourn back to the Regular City Council Meeting
6-B
The Joint Special Meeting of the Planning Commission and City Council adjourned at 6:39 p.m.

7. PUBLIC COMMENT
One member of the public spoke.

8. CONSENT CALENDAR
Motion made by Mejia, Seconded by Kazarian.

Voting Yea: Parra, Mejia, Gill, Kazarian, Hammer

9. CONTESTED CONSENT CALENDAR
No items were pulled from the consent calendar.

10. GENERAL ADMINISTRATION
10-A. Fire
i. APPROVE RESOLUTION No. 2653 acknowledging acceptance of a report on the City's compliance with SB 1205 and California Health & Safety Code 13146.4
Motion made by Kazarian, Seconded by Gill.

Voting Yea: Parra, Mejia, Gill, Kazarian, Hammer
ii. Actions pertaining to fire planning and prevention:
1) APPROVE an agreement with Fresno County Fire Protection District (FCFPD) for fire prevention and code compliance services Motion made by Hammer, Seconded by Gill.

Voting Yea: Parra, Mejia, Gill, Kazarian, Hammer
2) APPROVE RESOLUTION NO. 2654 amending the City's Master Fee Schedule
Motion made by Mejia, Seconded by Hammer.

Voting Yea: Parra, Mejia, Gill, Kazarian, Hammer
iii. Quarterly update from Fresno County Fire Protection District 10-B. Planning
i. APPROVE an agreement with Provost and Pritchard Consulting Group for on-call planning services on a time and materials basis not to exceed $200,000 through June 30, 2024 and authorize the City Manager to negotiate such agreement
Motion made by Kazarian, Seconded by Mejia.

Voting Yea: Parra, Mejia, Gill, Kazarian, Hammer
ii. APPROVE a First Amendment to the Agreement with Toole Design Group, LLC in the amount of $48,830 for visual identity design services
Motion made by Kazarian, Seconded by Mejia.

Voting Yea: Parra, Mejia, Gill, Kazarian, Hammer
10-C. Public Works
i. INFORMATIONAL - Commercial Water Accounts
ii. INTRODUCE Ordinance 2023-02, Amending Article 11 and adding Article 14 to Chapter 4, Title 6 of the Fowler Municipal Code to implement a Water Shortage Contingency Plan
Motion made by Kazarian, Seconded by Gill.

Voting Yea: Parra, Mejia, Gill, Kazarian, Hammer

11. STAFF COMMUNICATIONS
Updates were provided by City Clerk Vasquez, Recreation Supervisor Hernandez, Community and Economic Development Director Gaffery, City Engineer Park.

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

13. CLOSED SESSION
13-A. Government Code Section 54957
Public Employee Appointment/Employment
Title: Public Works Director
This item was removed from the agenda.

14. ADJOURN
Having no further business, the meeting adjourned at 7:23 p.m.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: July 18, 2023
FROM: ANGELA VASQUEZ, City Clerk
SUBJECT: APPROVE Resolution No. 2655 approving the updated Employee Benefits Handbook

EXECUTIVE SUMMARY
The Employee Benefits Handbook was adopted via Resolution No. 2604 on November 1, 2022.

Staff is now requesting approval of an updated Employee Benefits Handbook reflecting necessary corrections, changes for clarity and consistency, and removal of expired provisions.

BACKGROUND
Revisions to the updated Employee Benefits Handbook include:
• Correcting various typographical errors.
• Adding definitions for hire date and appointment date. • Removing Wellness Incentive Program which expired October 31, 2022. • Stating Bereavement Leave in hours, not days.
• Adding a Holiday Leave cash-out provision for Police Sergeants, Corporals and Officers. • Clarifying the medical benefits opt-out provision.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

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

GENERAL PLAN CONSISTENCY
This action is not associated with a General Plan goal, policy, or action item.

FISCAL IMPACT
The City could potentially have cost savings in the Police Department due to holiday leave cash out.

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

Attachments
- Resolution No. 2655
- Employee Benefits Handbook
RESOLUTION NO. 2655

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

APPROVING UPDATED EMPLOYEE BENEFITS HANDBOOK
WHEREAS, the City Council, on November 1, 2022, by approval of Resolution No. 2604 approved the City of Fowler Employee Benefits Handbook which provides certain benefits and conditions of employment for City employees; and
WHEREAS, the City Council desires to make changes to the benefits and conditions of employment and there is a need to update the Employee Benefits Handbook as proposed in the Employee Benefits Handbook attached to this Resolution; and
WHEREAS, all employees have been notified of the proposed changes to the benefits and conditions set forth in updated Employee Benefits Handbook attached to this Resolution.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City of Fowler Employee Benefits Handbook, attached hereto as Exhibit A, is hereby approved and incorporated herein as part of this Resolution and shall supersede the prior Employee Benefits Handbook approved with Resolution No. 2604 and be effective beginning on August 1, 2023.

PASSED APPROVED AND ADPOTED on July 18, 2023, at a regular meeting of the City Council of the City of Fowler by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

CITY OF FOWLER

EMPLOYEE BENEFITS HANDBOOK

Page 2 of 24 ends

Table of Contents
INTRODUCTION.............................................................................................................................................3 SECTION 1. EMPLOYMENT STATUS...............................................................................................................3 SECTION 2. LEAVE OF ABSENCE WITHOUT PAY............................................................................................5 SECTION 3. SICK LEAVE. ................................................................................................................................6 SECTION 4. BEREAVEMENT LEAVE................................................................................................................9 SECTION 5. MILITARY LEAVE. ......................................................................................................................10 SECTION 6. JURY SERVICE. ..........................................................................................................................11 SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT..............12 SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY. ..........14 SECTION 9. VACATION. ...............................................................................................................................15 SECTION 10. HOLIDAYS ...............................................................................................................................16 SECTION 11. OVERTIME. .............................................................................................................................18 SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES......................................................19 SECTION 13. SALARY STEPS AND EVALUATIONS.........................................................................................20 SECTION 14. HEALTH BENEFITS...................................................................................................................21 SECTION 15. AUTOMOBILE ALLOWANCE....................................................................................................22 SECTION 16. RETIREMENT AND RETIREES. .................................................................................................23

Page 3 of 24 ends

INTRODUCTION
The City of Fowler Employee Benefits Handbook (“Handbook”) has been approved by Resolution of the Fowler City Council at a duly authorized City Council meeting and may be amended by Resolution of the City Council. References herein to “Resolution” are deemed to mean all Resolutions of the City Council approving this Handbook and any amendments thereto.

SECTION 1. EMPLOYMENT STATUS.
(a) At-Will Positions. All positions within the City of Fowler are designated as “at will” positions, unless there is a written agreement approved by the City Council to the contrary. At will means that either the City or the employee can terminate the employment at any time. (b) Personnel Officer. The City Manager or their designee, shall act as the Personnel Officer for the City of Fowler. The Personnel Officer shall be responsible for ascertaining and establishing the duties, responsibilities, and working job titles of all positions in the City. (c) Authority. The Personnel Officer shall establish practices, policies and procedures as may be necessary to effectuate the provisions of this Handbook, the duties of the positions, and the law. The Personnel Officer shall maintain an official personnel file for all City employees.
(d) Full-Time Positions. Full-Time is defined as forty (40) hours of actual attendance during a week, or eighty (80) hours of actual attendance on duty during a two-week period, less time off on authorized leaves of absence as provided for in this Handbook. A week shall be defined as the period from 12:00 a.m. Sunday to 11:59 p.m. Saturday. (e) Part-Time Positions. The City Manager is further authorized to create part-time, temporary, or contract positions within the City as may be necessary. No employee in a part-time position shall work more than one thousand (1,000) hours in a calendar year, or thirty-nine (39) hours per work week. These positions shall not be included in the Position Authorization Resolution, unless such position is provided with medical benefits.
(f) Definitions.
(1) Hire Date. First day of full or part time employment with the City. (2) Appointment Date. Date employee is appointed to a position. This may be the same date as Hire Date.
(g) Hours of Work. The regular minimum workday for full-time employees shall be eight (8) hours, 8:00 a.m. to 5:00 p.m., with a one (1) hour meal period. The Personnel Officer shall have the authority to approve any deviations from these hours of work based on operational need. (h) Outside Employment. No employee shall engage in any outside employment which would lessen or interfere with their ability to perform City duties competently and with their best effort. No employee shall engage in any outside employment which may involve a conflict of commitment, conflict of interest, or perception of a conflict of interest. The Personnel Officer is responsible for promulgating policies and procedures to implement this directive.

Page 4 of 24 ends

(i) Resignation. An employee wishing to resign from City service must do so in writing to the Personnel Officer and state an effective date of the resignation. Resignations shall be considered final once accepted by the Personnel Officer and may be rescinded no later than the effective date of the resignation only with the written approval of the Personnel Officer. Employee Health Benefits shall be provided through the calendar month of the employee’s last day of employment.

Page 5 of 24 ends

SECTION 2. LEAVE OF ABSENCE WITHOUT PAY.
(a) Granting. The Personnel Officer may grant a leave of absence from duty without pay to an employee for a period not exceeding one year. (b) Benefits. During such leave without pay, no benefits outlined in this Handbook or any Resolution will be provided, except for those required by law. Furthermore, except for situations that qualify for protected leave status (FMLA, CFRA, PDL, active Workers’ Compensation claims, etc.), employees must exhaust all available accumulated leave balances before they can request leave without pay.

Page 6 of 24 ends

SECTION 3. SICK LEAVE.
(a) Full-Time Employees. Full-time employees shall accumulate sick leave at the rate of eight (8) hours for each completed calendar month of employment. (b) Part-Time Employees. Part-time employees shall accumulate twenty-four (24) hours of sick leave annually on July 1.
(c) Accumulation of Sick Leave.
(1) There shall be no maximum accumulation of sick leave hours for both full-time and part-time employees.
(2) Accumulated or accrued sick leave balance shall not be vested and upon employee separation from City service employees shall not receive any compensation for any unused sick leave hours.
(d) An Employee May Take Sick Leave for the Following:
(1) Illnesses, injury, or disability related to pregnancy. (2) Exposure to contagious disease.
(3) Medical, dental, vision, other physical or medical examinations or treatments by a licensed practitioner when approved in advance by the department head or designee, based on operational need.
(e) Family Care. Family care, meaning illness or injury of an immediate family as defined in Section 4(c).
(1) Employees may use up to one-half (1/2) of an employee’s annual accrued sick leave hours for family care, consistent with California Labor Code Section 233. (2) The Personnel Officer may authorize the use of accrued sick leave for family care beyond the maximum set forth above. Such requests must be accompanied by a physician's statement or other appropriate verification.
(f) Physician’s Statement. The department head or designee may require the employee to provide a licensed health care provider’s statement or other appropriate verification when absent due to illness/injury.
(g) Sick Leave While on Vacation. Leave on account of sickness while on vacation shall be allowed only if the employee is confined to a hospital and employee provides verification of such. (h) Reporting and Requesting Sick Leave. The Personnel Officer shall develop a policy for reporting and requesting absences. An employee shall be responsible for reporting an absence or requesting an absence consistent with such policy. Extenuating circumstances may prevent an employee from calling in before the start of their shift, but the employee shall make every effort to call in as close to the start of the shift as possible.
(i) Pregnancy Related Disability Leave or Transfer.

Page 7 of 24 ends

(1) Leave of Absence. Any employee who is disabled on account of pregnancy, childbirth, or related conditions may take a pregnancy-related leave for up to four (4) months, in addition to any family care medical leave which the employee may be entitled under the Family Care and Medical Leave Policy.
(2) Temporary Transfer Before Childbirth. Any employee affected by pregnancy is entitled to transfer less strenuous or hazardous duties if the transfer is medically necessary and the transfer can be reasonably accommodated.
(3) Substitutions of Paid Leave for Pregnancy-Related Disability Leave. An employee taking pregnancy-related disability leave must substitute any available sick pay for the employee’s leave and may, at the employee’s option, substitute any accrued vacation time for the employee’s leave. The substitution of paid leave for pregnancy-related disability leave does not extend the total duration of the leave to which an employee is entitled. (4) Leave Effects on Benefits. If an employee taking a pregnancy-related disability leave is also eligible for family medical leave under this policy, then the employee is entitled to the City’s continuation of benefits as described herein up to a maximum of four (4) months in a twelve (12) month period.
(j) Other Disability Leaves.
(1) In addition to medical or pregnancy-related disability leaves, employees may take a temporary disability leave of absence, if necessary, to reasonably accommodate a workplace injury or an ADA-qualified disability. Any disability leave under this section may run concurrently with any medical leave to which the employee is entitled to. (2) Employees taking disability leave must comply with the Family and Medical Leave Act and California Family Rights Act regarding the substitution of paid leaves, notice, and medical certification. Employees will not receive pay during disability leave. (3) If the employee’s disability leave extends beyond twelve (12) weeks in a twelve (12) month period, the employee will not be entitled to any continued employee contributions towards any employee benefit plan. An employee may elect to continue participating in such benefit plans, at the employee’s own expense, to the extent permitted by such plans. (k) Wellness Incentive Program. Employees who have accumulated not less than twenty (20) days (one hundred sixty (160) hours) of unused sick leave are eligible to participate in the City’s sick leave buy back policy defined as follows:
(1) For those employees that have accumulated not less than twenty (20) days (one hundred sixty (160) hours) of unused sick leave, the employee may request the City to buy back up to fifty percent (50%) of the employee’s unused sick leave hours accumulated for the preceding year, a maximum of six (6) days (forty-eight (48) hours). (2) For those employees that have accumulated not less than thirty (30) days (two hundred forty (240) hours) of unused sick leave, the employee may request the City to buy back up to one hundred percent (100%) of the employee’s unused sick leave hours accumulated for the preceding year, a maximum of twelve (12) days (ninety-six (96) hours). (3) For purposes of calculating available buy back of sick leave hours, the one-year period shall run from November 1 to October 31. Employees must remain employed with the City for this entire one-year period in order to be eligible to receive the benefits of this policy.

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(4) An employee’s election to have the City buy back unused sick leave hours shall be made in writing submitted to the Personnel Officer between October 1 and October

31. Upon an employee’s timely election, the City will pay the employee for the eligible sick leave with the November 15 payroll.
(5) Two examples of how the policy works are as follows: (1) If an employee accumulated twenty-six (26) days of unused sick leave hours as of October 31, and eight (8) days were from the entire preceding year, the employee would be eligible to have the City buy back four (4) days (50%) of the preceding year unused sick leave hours; (2) If an employee accumulated thirty-five (35) days of unused sick leave hours as of October 31, and twelve (12) days were from the entire preceding year, the employee would be eligible to have the City buy back twelve (12) days (100%) of the preceding years unused sick leave hours. (6) An employee who leaves employment with the City prior to the end of the entire preceding year (October 31) shall not be eligible to participate in the buy back program for that year and will not be entitled to any compensation for accrued and unused sick leave hours upon separation of unemployment.
(7) FLSA Exempt employees shall not be eligible for the Wellness Incentive Program.
(8) The Wellness Incentive Program shall expire on October 31, 2022.

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SECTION 4. BEREAVEMENT LEAVE.
(a) Usage. The Personnel Officer may grant up to five (5) days forty (40) hours of Bereavement Leave for each death of an immediate family member for both full-time and part-time employees. Employee must be in a paid status at the time of both the request for and use of Bereavement Leave. Bereavement Leave need not be used all at once. Bereavement Leave must be used within six (6) months of granting.
(b) Verification. The department head or designee may require the employee to provide verification to be eligible for Bereavement Leave. If requested, the employee shall provide verification within thirty (30) days of the first day of the leave. Verification includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. (b) Other Leave. Up to eighty (80) hours of sick leave may be used to supplement Bereavement Leave for each death of an immediate family member, with the approval of the Personnel Officer. Other accumulated leave balances may also be used to supplement Bereavement Leave, with the approval of the Personnel Officer.
(c) Immediate Family is Defined as
(1) The employee’s spouse or domestic partner.
(2) The employee’s or the employee’s spouse’s or domestic partner’s parent, grandparent, great grandparent, sibling, child, grandchild, aunt, or uncle, whether related by birth or marriage.
(3) A person related by blood or marriage to the employee or employee’s spouse or domestic partner living in the immediate household of the employee who is not a domestic employee or sublessee.

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SECTION 5. MILITARY LEAVE.
(a) Military Leave for City employees shall be granted in accordance with State and Federal law.

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SECTION 6. JURY SERVICE.
(a) Any full-time or part-time employee on any shift or work schedule shall be granted leave with pay for the actual time spent on jury service, not to exceed the number of hours in the employee’s hours of work. Jury service time shall include travel time and the meal period provided by the Court. If an employee’s jury service plus the time to change into appropriate work attire, and report for City Service is more than seventy-five percent (75%) of their hours of work, employees do not need to report for work following the completion of jury service.
(b) Full-Time Employees. A full-time employee performing jury service shall receive their regular salary.
(c) Part-Time Employees. A part-time employee performing jury service shall receive their regular hourly rate of pay for only those hours scheduled to work. (d) Notification. Employees shall notify their department head or designee when employee receives initial jury service notification. Employee shall notify their department head or designee when actual jury service is required.
(e) Verification. Employee shall request a receipt from the Court for verification of actual jury service and provide receipt to department head or designee. (f) Compensation. Employee need not request compensation from the Court for jury service, but if provided, shall be remitted to the City. Employee may keep any mileage or meal payments made by the Court.

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SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT.
(a) Family Leave Rights. Eligible City employees shall receive the rights and benefits of the California Family Rights Act ("CFRA") and the Family and Medical Leave Act ("FMLA") referred to collectively herein as "Family Leave." as outlined in an Administrative Regulation established by the Personnel Officer.
(b) Eligibility. To be eligible for family medical leave the employee must have worked for:
(1) The City for at least twelve (12) months;
(2) At least 1,250 hours in the twelve (12) calendar months immediately preceding the leave; and
(3) For FMLA purposes, the City must employ fifty (50) employees for an employee. At times, the City has less than fifty (50) employees on the City’s payroll. (4) The CFRA eliminated the 50-employee requirement, and as such, City employees are eligible for CFRA irrespective of the number of employees on payroll. (c) Qualifying Reasons for FMLA/CFRA Leave. An employee may take up to twelve (12) weeks of unpaid job-protected family medical leave within a twelve (12) month period for any of the following reasons:
(1) Birth of a child (including baby bonding with newborn within one year of birth).
(2) Placement of a child with the employee for adoption or foster care and to bond with child within one year of placement.
(3) Serious health condition of employee that prevents employee from working.
(4) To care for an immediate family member with a serious health condition. (5) A qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty or call to covered active-duty status.

For CFRA purposes, leave may be taken to care for an employee’s domestic partner. (d) Amount and Calculation of Leave. FMLA and CFRA Leave shall include up to a total of twelve (12) weeks of unpaid, job protected leave during the twelve (12) month period measured backward from the date the employee uses FMLA/CFRA leave. Women disabled by pregnancy may be eligible to take up to four (4) months of job protected pregnancy disability leave prior to taking FMLA/CFRA leave. Other disability leave will run concurrent with FMLA/CFRA leave.

An employee may take FMLA leave for greater than twelve (12) weeks for certain qualifying reasons under the FMLA. For instance, an eligible employee may take up to twenty-six (26) work weeks of leave to care for a covered service member with a serious injury or illness.

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(e) Notice of Leave. If an employee’s leave is foreseeable, the employee must provide the City at least thirty (30) days prior notice. If an employee is not able to provide a thirty (30)day notice, the employee must provide notice as soon as practicable. After receiving an employee’s notice, the City must comply with the requisite notice and procedural requirements for requesting leave, absent unusual circumstances. Failure to provide such notice may be grounds for delay of leave.

An employee’s notice must include sufficient information for the City to determine if the employee qualifies for FMLA/CFRA protected leave and the anticipated timing and duration of the leave.

The City can request for FMLA/CFRA leave to be supported by a medical certification. (f) Exhaustion of Paid Leave and Use of Sick Leave. Employees shall use the following: (1) accumulated vacation and (2) accumulated compensatory time off during a qualifying FMLA/CFRA designated leave. An employee may use accumulated sick leave if the basis of the FMLA/CFRA designated leave could also be considered a basis for using sick leave. An employee’s FMLA/CFRA designated leave will run concurrent with vacation, compensatory time off, and sick leave utilized by the employee.
(g) Maintenance of Benefits. During FMLA/CFRA designated leave, the City will maintain any employee, health, dental, vision, and life insurance coverage for a maximum of twelve (12) weeks.
(h) Reinstatement Rights. Upon return from FMLA/CFRA designated leave, an employee is generally entitled to be returned to the same, equivalent or a comparable position with the equivalent pay, benefits, and other employment terms. There are exceptions to this general rule including but not limited to “key employees” as defined by law and under specified conditions.

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SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY.
(a) Labor Code Section 4850 requires that any City police officer (as defined therein) who is temporarily or permanently disabled by injury or illness arising out of and in the course of their duties shall be entitled to leave of absence without loss of salary, in lieu of any temporary disability payments or maintenance allowance payments, for the period of disability but not exceeding one year, or until such earlier date as employee is retired for permanent disability. Any temporary disability payments otherwise payable to any such City police officer by the City's workers' compensation insurer shall be paid to the City.

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SECTION 9. VACATION.
(a) Accumulation. Employees in full-time positions shall accumulate vacation leave with pay at the following rates, based on the table below. Employees in part-time positions shall accumulate vacation leave at a pro-rated amount based on hours worked in each calendar month.

Range Years of Service from Hire Date Accumulation Rate I Less than 5 years 6.67 hours per month
II Over 5 but less than 10 years 10 hours per month
III Over 10 years 13.33 hours per month
IV FLSA Exempt Employees, regardless of hire date 13.33 hours per month (b) When Vacation Leave to be Taken. Employees shall submit vacation requests in accordance with the process prescribed by the Personnel Officer. Vacation approvals shall be based on the City’s operational needs. Employee vacation requests shall be approved by the Department Head, Department Head requests shall be approved by the City Manager, and City Manager vacation requests shall be approved by the Mayor.
(c) Maximum Accumulation. The maximum hours of vacation leave an employee may accumulate or accrue at any one time is 320 hours. No additional vacation leave shall accrue beyond 320 hours until the total accumulated leave balance falls below the maximum. (1) Employees with balances above 320 hours. Retention. Notwithstanding anything to the contrary herein, any employee who has accumulated a vacation leave balance of more than 320 hours as of December 1, 2022, shall continue to accrue vacation leave above 320 hours until November 30, 2023. As of December 1, 2023, employees with a vacation leave balance above 320 hours as authorized by the previous sentence shall not accrue vacation leave until the employee’s vacation leave balance is less than the 320-hour maximum.
(d) Separation. Upon employee separation, any unused vacation leave shall be paid as a lump sum as part of the employee’s final compensation.

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SECTION 10. HOLIDAYS
(a) Holidays Observed. "Holiday" wherever used in this Resolution, shall mean and refer only to the following days of each year:
(1) January 1 (New Year’s Day)
(2) January 15 (Martin Luther King, Jr. Birthday)
(3) Third Monday in February (Presidents Day)
(4) March 31 (Cesar Chavez Day)
(5) Good Friday (Friday before Easter)
(6) Last Monday in May (Memorial Day)
(7) Fourth of July
(8) First Monday in September (Labor Day)
(9) Second Monday in October (Indigenous Peoples’ Day)
(10) November 11 (Veterans Day)
(11) Thanksgiving Day
(12) Friday after Thanksgiving Day
(13) One-half (1
/2) day, beginning at 12:00 noon on December 24
(14) December 25 (Christmas)
(15) One-half (1
/2) day, beginning at 12:00 noon on December 31
(16) A Personal Holiday which shall be accumulated as eight (8) hours of Personal Holiday leave on July 1 of each year. At no time shall the Personal Holiday balance exceed eight (8) hours. Employees may request use of Personal Holiday consistent with Section 9 of this Resolution.

Personal Holiday hours must be used in a single eight (8) hour increment.

Personal Holiday leave shall not be paid as part of Holiday CTO payout. Upon employee separation, employees shall not receive any payment for unused Personal Holiday hours.
(17) Any day or part of a day declared by the City Council, by ordinance or resolution, to be a Holiday.
(a) City Offices. City offices and other facilities, except those providing essential public services, such as police and fire protection, shall be closed on said holidays. (b) Holiday Schedule. Each year, the Personnel Officer shall create a Holiday Schedule for the purpose of addressing holidays falling on weekends.

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(c) Full-Time Employees. Every full-time employee shall be entitled to leave of absence without loss of pay on every holiday, unless required to work, in which case they shall be compensated for such work with Holiday CTO.
(d) Holiday Compensatory Time Off (CTO).
(1) Earning Holiday CTO. If an employee is required to work on a holiday as part of their regular shift, the employee shall earn the number of Holiday CTO hours equal to the number of hours the employee is normally scheduled to work on the day the holiday is observed. If an employee is required to work on a holiday not as a part of their regular shift, the employee shall be compensated as overtime pursuant to Section 11 of this Resolution. The Personal Holiday shall not be included for purposes of this provision and the eight (8) hours of Personal Holiday leave shall not be included in Holiday CTO hours.
(2) Use and Payment of Holiday CTO. Holiday CTO must be used within 180 days of being earned. After 180 days, the Holiday CTO will automatically be paid out at the employee’s overtime rate. Personal Holiday leave shall not be paid as part of Holiday CTO pay out. (3) FLSA Exempt Employees. FLSA exempt employees required to work on a holiday shall be granted informal holiday time off at the discretion of the City Manager. (e) Holiday Leave for Police Sergeants, Corporals, and Officers. (1) Eligibility. Police Sergeants, Corporals, and Officers shall accrue Holiday Leave in lieu of Holidays or Holiday CTO.
(2) Accumulation. Eligible employees shall accrue ten (10) hours of Holiday Leave per month in lieu of the Holidays in Section 10(a). (3) Cash-Out. Eligible employees may cash-out their accumulated Holiday Leave at any time, in ten (10) hour increments, by submitting a written cash-out request as specified by the Personnel Officer. Cash-out payments shall be paid at the employee’s current base rate of pay.
(4) Maximum Accumulation. The maximum accumulation of Holiday Leave is 120 hours. Employees who reach this maximum accumulation will receive an automatic pay down of any hours above this amount at the employee’s overtime rate of pay. (5) Payment at Separation of Employment. At separation of employment, accumulated Holiday Leave not in excess of one hundred twenty (120) hours will be paid at the employee’s current base rate of pay.

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SECTION 11. OVERTIME.
(a) Defined. Overtime is defined as authorized time worked in excess of forty (40) hours in a Week.
(b) Authorization. Overtime shall be authorized and assigned by the City Manager, Department Head, or designee.
(c) Compensation. Overtime shall be compensated in cash or in compensatory time off (CTO) as determined by the Department Head. Employees eligible to receive overtime shall be compensated at the rate of one and one-half times their hourly straight time rate. (d) Compensatory Time Off.
(1) Requesting Use. The process for requesting use of earned CTO shall be the same process as requesting use of Vacation within this Resolution. (2) Cash-Out. If an employee has been unable to take their CTO and has a CTO balance in excess of one hundred twentysixty (160) hours as of December 31 of each year, the employee shall be paid in cash for all hours in excess of one hundred twentysixty (160). (3) Payment Upon Separation. Upon separation from City service, the employee shall receive a lump sum payment for any earned CTO. (e) Call-Back Time. Call-back work is work performed at a time outside of and not continuous with an employee's regular work schedule. A non-exempt employee called back to work shall receive no less than three (3) hours pay at the overtime rate unless such callback is within three (3) hours of the beginning of the employee's next shift, in which case the employee shall only be paid for the hours remaining before the beginning of the employee's next shift. An employee may be called back to work at the discretion of the City Manager or Department Head due to exigent circumstances or operational need. (f) Court Standby Time. An employee required to be on standby for court appearance as a part of their regular duties must notify their Department Head or designee as soon as the employee receives notice from the court.
(1) During Regular Shift. Employee shall not receive any additional compensation for court time during their regular shift. If the employee is called to court and the court time extends beyond their regular shift, the employee shall be compensated at their overtime rate for the actual time spent beyond their regular shift.
(2) Standby and not Called. When an employee is subpoenaed for a court appearance on their scheduled day off but not called to court, the employee shall receive three (3) hours of overtime compensation.
(3) Standby and Called. When an employee is subpoenaed for a court appearance on their scheduled day and called to court, the employee shall receive a minimum of three (3) hours of overtime, or the actual time of the standby and court appearance, whichever is greater.

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SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES. (a) Eligibility. The City Manager, department heads, and other FLSA exempt employees shall be eligible for Administrative Leave.
(b) Granted. Eligible employees shall be granted Administrative Leave as follows.

Employee Hours per Fiscal Year
City Manager 96 hours
Other FLSA Exempt Employees 80 hours
(c) Regulations.
(1) Balances. Administrative Leave balances shall be granted as a lump sum on July 1. At no point in time shall the Administrative Leave balance exceed those set by this Resolution, unless otherwise approved by City Council Resolution or Contract. FLSA exempt employees hired on a temporary basis, shall earn prorated administrative leave monthly in arrears. (2) New Employees. New employees Employees eligible to receive Administrative Leave shall be granted such leave on a pro-rated allocation based on hire date appointment date provided the employee is not employed elsewhere on the appointment date, otherwise the pro-rated allocation shall be granted based on the hire date. (3) Payment. Administrative Leave is not eligible for any “buyback” provisions and shall not be paid upon separation from City service. (4) Usage. Employees may request use of Administrative Leave consistent with Section 9 of this Resolution.

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SECTION 13. SALARY STEPS AND EVALUATIONS.
(a) Starting Rate.
(1) City Manager. The City Manager’s rate of pay may be set by a City Council approved employment agreement.
(2) Step Placement for New Employees. A new employee of the City shall be placed at Step A for the specified range unless the City Manager determines it is in the best interest of the City to place the employee above Step A. The City Manager shall document any placement above Step A with a written justification memorandum to be placed in the employee’s personnel file. (3) Additional Requirement for Department Heads. A new Department Head may only be placed above Step A with City Council approval. Based upon the City Manager’s recommendation, the City Council may enter into an employment agreement with a Department Head. This agreement may contain provisions inconsistent with this Resolution. (b) Evaluations and Advancement.
(1) Annual Evaluations for Full-Time Employees. All full-time employees shall receive an annual written performance evaluation on or around their anniversary date of employmenthire date.
(2) Evaluations for Part-Time Employees. Part-time employees who have been appointed for more than twelve (12) months shall receive a written performance evaluation for that time period, and each successive twelve (12) month time period. (3) Salary Step Placement. After completion of an annual performance evaluation, the Department Head shall provide a recommendation to the City Manager if a salary step advancement is recommended. If the annual performance evaluation is conducted after the salary step advancement date, and advancement is recommended, that advancement shall be retroactive to the first pay period commencing after their anniversary date of employmenthire date. (c) Early Salary Step Advancement. The City Manager shall have the authority to provide employees a one-time early advancement of one salary step as a tool for employee retention or extraordinary skill advancement. The City Manager shall document any early step advancement with a written justification memorandum to be placed in the employee’s Personnel File. (d) Training & Professional Development. The City shall cover employee expenses for training that is required by law, training that is required to maintain certifications, training that is required as a condition of employment, and training that is determined by the Department Head to be necessary for employee professional development. The City Manager shall implement a Travel Expense Reimbursement Policy.

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SECTION 14. HEALTH BENEFITS.
(a) Definition. Health Benefits shall mean medical, dental, and vision care provided to the employee by the City.
(b) Premiums. The Council, by Resolution, shall set the monthly employee share of Health Benefits premiums, generally as a part of the annual budget process. (c) Full-Time Employees. All full-time employees are eligible for Health Benefits beginning the first day of their first full calendar month of employment. (d) Part-Time Employees. Part-time employees shall not be eligible for health benefits.
(e) Opt-Out Provision. Employees eligible for Health Benefits may choose to optout of the medical plan at any time, where and how currently allowed by the City’s contracted Health Benefits provider. Once disenrolled from Health Benefits, the employee shall receive an additional non-pensionable cash allowance of $300.00 per month.
(f) COBRA. Upon separation from employment eligible employees may continue coverage of their health insurance in accordance and for the length of time permitted by the Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

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SECTION 15. AUTOMOBILE ALLOWANCE.
(a) Eligibility. Automobile allowance shall be issued at the discretion of the City Manager based on operational need. Employees who are assigned a City-owned vehicle are not eligible for an automobile allowance.
(b) Rates. Automobile allowances for eligible employees shall not exceed the following:

Employee Monthly Automobile Allowance
City Manager Set per employment contract
Department Heads $500.00
Other Employees $250.00
(c) Procedures. The Personnel Officer is charged with promulgating procedures for driving on City business.

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SECTION 16. RETIREMENT AND RETIREES.
(a) Social Security & CalPERS. Eligibility for Social Security and CalPERS, including placement as a Classic or PEPRA member, shall be determined by the appropriate State and/or Federal agencies.
(b) Retiree Health Plan. The City shall offer a Retiree Health Plan, where and how currently allowed by the City’s contracted health benefits provider, and the monthly retiree premium contribution shall be set annually by Council Resolution. (c) Eligibility for Retiree Health Plan Enrollment. Employees are eligible to enroll in the Retiree Health Plan only when all the following conditions are met:
(1) Employee must request enrollment in the Retiree Health Plan in writing to the Personnel Officer prior to separation from City service. (2) Employee must have at least five (5) years of consecutive and continuous CalPERS service credit with the City of Fowler immediately prior to separation from City service which shall not include resignation in lieu of disciplinary action or termination. (3) At the time of separation, employee may not have any pending disciplinary action that could result in employee termination.

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

REPORT TO THE CITY COUNCIL
July 18, 2023
FROM ANTHONY ARANDA, Public Works Supervisor

SUBJECT
APPROVE the declaration of one Case backhoe as surplus property

EXECUTIVE SUMMARY
The Public Works Department’s Case backhoe is in good working condition, but does not meet the needs of City operations. Staff believe it would be better suited to sell the backhoe and recoup revenues to the General Fund.

BACKGROUND
The City’s Purchasing Policy requires City Council action to declare equipment as surplus. Staff plan to sell the backhoe by placing it on the City’s website and word of mouth marketing. There have been several potential buyers interested. Once sold, Staff will follow California Department of Motor Vehicles protocol to remove the City of Fowler as the registered owner, and remove the backhoe from the City’s insurance policy.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

Disposal of surplus equipment
July 18, 2023

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

GENERAL PLAN CONSISTENCY
Fleet management is addressed in the following General Plan goal, policy, and action item:

Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.

Policy CH-32
Purchase City vehicles and equipment with low noise generation. Maintain City vehicles to minimize noise.

Action Item CH-32a
Consider City vehicles and equipment as part of the Capital Improvement Program (CIP) process.

FISCAL IMPACT
Any revenue generated from the sale of the backhoe will be appropriated in the general fund at the end of Fiscal Year 2023-24. Staff do not anticipate any cost to market and sell the backhoe.

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

Attachments
- None

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

REPORT TO THE CITY COUNCIL
July 18, 2023
FROM MARGARITA MORENO, Finance Director

SUBJECT
APPROVE a professional services agreement with Price Paige & Company in the amount of $35,000 for year-end closing and audit support services for Fiscal Year 2022-23.

EXECUTIVE SUMMARY
Staff recommend the City Council approve a professional services agreement with Price Paige & Company in the amount of $35,000 for year-end closing and audit support services for Fiscal Year 2022-23.

BACKGROUND
The City has previously engaged Price Paige & Company for Fiscal Years year-end closing and audit support services for 2018/19-$80K, 2019/20-$80K, 2020/21-$70K and 2021/22-$55K. Staff recommend continuing this engagement for Fiscal Year 2022/23-$35K, which ended on June 30, 2023. The engagement will include preparation of the 2022-23 financial statements, assistance in the annual reporting of financial transactions, and serving as liaison with the City’s external auditor. This engagement will ensure that the City is current with the audits and is completing in a timely manner. Staff continues to do the day-to-day operations now that the City general ledger is up to date including the bank reconciliations which Price Paige has done in the past to keep the books current.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

Professional Auditing Service
July 18, 2023

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

GENERAL PLAN CONSISTENCY
Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants.

FISCAL IMPACT
Funds associated with this agreement are included in the FY 2023-24 budget, which was adopted by Council on June 6, 2023.

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

Attachments
- Agreement for Professional Auditing Services
- Letter of Engagement

CITY OF FOWLER

ACCOUNTING CONSULTANT SERVICE AGREEMENT
This Accounting Consultant Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Price Paige & Company ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on July 1, 2023 ("Effective Date").

RECITALS
A. City desires to obtain non-audit accounting consultation services ("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
I. 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.

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 June 30, 2024 ("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 total amount paid by City to Consultant for the Services shall not exceed Thirty- Five Thousand Dollars ($35,000).

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 2 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.

I0. 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, 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 3 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 (IO) 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 (I 0) 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, 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. 4 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.
delivery.

Personally delivered to the party to whom it is directed. Service shall be deemed the date of b. Delivered by e-mail to a known address of the party to whom it is directed provided theemail 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 seventy-two (72) hours after deposit.
5 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.

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: _____________________
Joshua Giosa, Audit Partner Wilma Tucker, City Manager
Date: ______________________ Date:___________________
Party Identification and Contact Information:

Consultant City of Fowler
Price Paige & Company Attn: Wilma Tucker
Attn: Joshua Giosa City Manager
Audit Partner 128 S 5th Street
570 N. Magnolia Fowler, CA 93625
Clovis, CA 93612 [email protected]
[email protected] (559)834-3113
559-299-9540
6 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 lessthan $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 forrn 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 ofCalifornia. (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 withit.
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 theinsurer.
(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.

June 26, 2023
Ms. Wilma Tucker, City Manager
City of Fowler
128 S. 5th St.

Fowler, California 93625
Dear Ms. Tucker:

This letter confirms the engagement of Price Paige & Company by the City of Fowler (the City) for the professional consulting services as described below:
1) We will assist the City in the year-end close of its financial records for the year ending June 30, 2023 by performing reconciliations of certain balance sheet and income statement balances, as listed on the attached schedule, Exhibit A. We will also serve as the liaison with the City’s external auditors for any inquiries directly related to the audit areas listed on Exhibit A. 2) We will prepare the annual reports of financial transactions for the City for the year ending June 30, 2023.
3) We will provide the City with additional consultation as agreed-upon with City management. The scope, timing, and extent of the additional consultation will be discussed prior to the commencement of any work.

All workpapers or other documents used by us during this engagement will be maintained in segregated files, and such originals and all copies will be returned to you upon the completion of our engagement.

You agree to oversee all nonaudit services as they relate to Measure C and Transportation Development Act activity and account balances by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with June 26, 2023

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FOWLER
our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.

You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.

With regard to the electronic dissemination of financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Engagement Administration, Fees and Other
We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate.

It is our policy to keep records related to this engagement for a minimum of seven years after the report release date.

ShareFile is used solely as a method of exchanging information and is not intended to store the City’s information.

Upon completion of the engagement, data and other content will be removed from ShareFile in accordance with Price Paige & Company’s policy.

Our fees for the above services for the year ending June 30, 2023 will be as follows:

Consulting Services, as listed in item 1 (hourly, not to exceed) $ 22,340 State Controller Report preparation, as listed in item 2 5,000 Additional Consulting Services, as listed in item #3 7,660

Total $ 35,000
Our fees are based on expected hours required to perform the service at our standard hourly rates. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your consulting engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred. Our fee estimate is based on anticipated cooperation from your personnel and assumption that unexpected circumstances will not be encountered during the services listed. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual involved, plus out-of-pocket expenses.

If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.

All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client June 26, 2023

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will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final.

IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER

FEES CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE

DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

If information becomes known that would make our continued involvement in this engagement inappropriate, or parties involved change, we reserve the right to withdraw from this engagement. In addition, we will refuse to perform any requested act that we deem a violation of law, public policy, or our professional ethical standards, and may, as a result, withdraw from the engagement without penalty.

In no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement, even if we have been advised of the possibility of such damages.

If these terms are in accordance with your understanding and meet with your approval, please return a signed copy via email or regular mail at your earliest convenience. This agreement will become effective when you return the signed copy to us.

If the need for additional services arises, our agreement with you will need to be revised. It is customary for us to describe these revisions in an addendum to this letter.

Sincerely,
Josh Giosa, CPA
Price Paige & Company
- - - - - - -
RESPONSE:

This letter correctly sets forth the understanding of the City of Fowler, California.

Management Signature Title Date
June 26, 2023

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Exhibit A
We will assist the City in the year-end close of its financial records for the year ending June 30, 2023 by performing reconciliations of balance sheet and income statement balances for the following audit areas:
1) Enterprise Revenue/Receivables (Including Deposits and Prepays) 2) Capital Assets
3) Long-Term Debt and Bond Trustee Reconciliation
4) Leases
5) Net Pension Liability and related Deferred Inflows and Outflows of Resources 6) Grant Reconciliation and Schedule of Expenditure of Federal Awards

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

REPORT TO THE CITY COUNCIL
July 18, 2023
FROM SOO HO PARK, City Engineer

SUBJECT
APPROVE Resolution No. 2656, A Resolution of the City Council of the City of Fowler Approving Updated Development Impact Fee Schedule.

EXECUTIVE SUMMARY
The schedule reflects an authorized annual inflationary increase in fees to recover the estimated reasonable costs of constructing and maintaining public facilities related to new development.

BACKGROUND
The City of Fowler imposes impact fees to fund developing and maintaining the City’s infrastructure. Fowler Municipal Code (FMC), Title 8, Chapter 3,establishes and authorizes the following impact fees to be used to mitigate the impact of new development: (1) general facilities necessary for the administration of the City; (2) law enforcement facilities and equipment; (3) fire protection and suppression facilities and equipment; (4.) storm drainage facilities; (5) water supply facilities; (6) wastewater facilities; (7) traffic facilities; (8) groundwater recharge facilities; and (9) parks and recreation facilities. The last approved change to the development impact fee schedule occurred in May 2021.

The fees may be adjusted each calendar year to account for inflation based on the National Average Construction Cost Index as published by the Engineering News Record, or similar construction cost indexes. Such an increase shall be subject to City Council review and approval by resolution, and is not deemed an increase in the amount of the fee subject to the provisions of Sections 66000, et seq., of the California Government Code.

City of Fowler 2023 Development Impact Fee Schedule
July 18, 2023

Page 2 ends

The Engineering News Record Construction Cost Index increased 4.9% from January 2022 to January 2023. This index is a commonly used inflation measure in the building industry. The proposed updated fee schedule attached to the resolution reflects the 4.9% increase to each of the fee categories (rounded to the nearest dollar) as authorized by FMC Section 3-8.06.

The development impact fees and Quimby Act fees established by ordinance as codified in FMC Chapter 8 of Title 3 are authorized pursuant to Government Code Section 66000 et seq.

Accordingly, the City is authorized to charge development impact fees and Quimby Act fees to applicants of new development in an amount that does not exceed the estimated reasonable cost of providing the service or facility for which the fee is charged. The collection of the development impact fees helps the City recover the estimated costs of constructing and maintaining public facilities related to new development. The periodic adjustment of the development impact fees is necessary to keep up with the rising costs of constructing and maintaining the public facilities needed to mitigate the impact of new development.

PUBLIC NOTICE
A Notice of Public Hearing was duly published in The Business Journal on July 7, 2023 and July 12, 2023, which are the two required public notices prior to the public hearing.

ENVIRONMENTAL REVIEW
The proposed fees are statutorily and categorically exempt from the requirements of the California Environmental Quality Act because the fees fit within the exemption for local agency decisions involving the adoption and collection of rates and other charges pursuant to Public Resources Code section 21080(b)(8) and Section 15273 of the CEQA Guidelines.

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.

General Plan Policy OS-17
The City shall use a broad range of funding and economic development tools to ensure high quality development, maintenance, and programming of the City parks, trails, and recreation system.

General Plan Policy OS-18
All residential projects shall be subject to the payment of park development impact fees, as adopted by resolution of the City Council. Payment of these development impact fees shall be City of Fowler 2023 Development Impact Fee Schedule
July 18, 2023

Page 3 ends

in addition to any parkland dedication or in-lieu fee payment requirements in accordance with Fowler’s adopted Quimby Act Ordinance, as applicable, except as provided for in Policy OS-6.

General Plan Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.

General Plan Policy PF-1
Require private and public land developments to provide all on-site and off-site facility improvements or pay in-lieu fees necessary to mitigate any development-generated public facility impacts.

General Plan Policy PF-3
Ensure that land divisions and developments are approved only when a project’s improvements, dedications, and fees fully cover incremental costs to the City and other agencies. Such improvements and infrastructure include parks, major streets, traffic signals, streetlights, drainage systems, sewer, water, fire, police, schools, and other related facilities.

General Plan Policy PF-4
Regularly evaluate and update, as necessary, development impact fees and other applicable City fees.

General Plan Policy PF-17
Continue to establish development fees and user rates that are sufficient to operate, maintain, and upgrade (for current and future regulatory requirements) the City’s water, wastewater, and stormwater infrastructure.

FISCAL IMPACT
This action will result in additional general fund revenue to offset the cost of new infrastructure to support future growth of the City.

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

Attachments
- Resolution No. 2656
- Exhibit A, City of Fowler Development Impact Fee Schedule (2023) 1 RESOLUTION NO. 2656

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

APPROVING UPDATED DEVELOPMENT IMPACT FEE SCHEDULE
WHEREAS, pursuant to Government Code Section 66000 et seq. and Chapter 8 of Title 3 of the Fowler Municipal Code, the City of Fowler (City) is authorized to impose development impact fees; and
WHEREAS, Ordinance 2021-02, duly enacted by the City Council, authorizes an annual inflationary adjustment to the development impact fees and Quimby Act fees (park and recreation facilities) to reflect the increase in construction costs by a percentage equal to the national average of the Engineering News Record Construction Cost Index; and WHEREAS, at a regular meeting on July 18, 2023, at 6:00pm, the Fowler City Council conducted a duly noticed public hearing to consider the updated City of Fowler Development Impact Fee Schedule (2023); and
WHEREAS, the City Council has independently reviewed and considered the updated City of Fowler Development Impact Fee Schedule attached hereto as Exhibit A, and has evaluated and considered the staff report and staff presentation on this matter, and all comments, written and oral presented to the City Council on the updated City of Fowler Development Impact Fee Schedule.

NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL RESOLVES AS FOLLOWS:

1. The rates, fees, and charges set forth in Exhibit A attached hereto for the development impact fees and Quimby Act fees for the City of Fowler are hereby approved and shall be effective sixty (60) days from the approval of this resolution, in accordance with Government Code Section 66017; and

2. The City Council finds that the approved fees set forth in Exhibit A do not exceed the estimated reasonable cost of providing the service or facility for which the respective development impact fees are charged.
**********************************************
2 PASSED, APPROVED AND ADOPTED this 18th day of July 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
Single Family Multi-Family Commercial Industrial Institutional General Services $1,344 $941 $419 $126 $210
Law Enforcement $947 $663 $295 $88 $148
Fire Department $1,121 $785 $349 $105 $175
Water $2,691 $1,883 $838 $252 $420
Sewer $4,082 $2,856 $1,271 $382 $636
Storm Drain $5,306 $8,697 $11,274 $12,601 $11,274
Traffic $532 $561 $2,417 $308 $765
Ground Water Recharge $891 $623 $277 $83 $138
Park Development
Parks and Recreation
Facilities $3,955 $2,767
Quimby Act Fee $2,597 $2,597
Single Family Multi-Family Commercial Industrial Institutional General Services $1,281 $897 $399 $120 $200
Law Enforcement $903 $632 $281 $84 $141
Fire Department $1,069 $748 $333 $100 $167
Water $2,565 $1,795 $799 $240 $400
Sewer $3,891 $2,723 $1,212 $364 $606
Storm Drain $5,058 $8,291 $10,747 $12,012 $10,747
Traffic $507 $535 $2,304 $294 $729
Ground Water Recharge $849 $594 $264 $79 $132
Park Development
Parks and Recreation
Facilities $3,770 $2,638
Quimby Act Fee $2,476 $2,476
Land Use
Residential per Unit Non-Residential per 1,000 Square Feet Development Impact Fee Schedule (2023)
Exhibit "A"
Development Impact Fee Schedule (2021)
Residential per Unit
Land Use
Non-Residential per 1,000 Square Feet

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

REPORT TO THE CITY COUNCIL
July 18, 2023
FROM MARGARITA MORENO, Finance Director

SUBJECT
Approve Resolution No. 2657 Concerning Certifications and Claims for Collection of Measure “C” Funds for Fiscal Year 2023-2024 and Authorize the Finance Director to Sign the Local Transportation Pass Through Revenue Certifications and Claim Forms.

EXECUTIVE SUMMARY
The City Manager and Finance Director recommend City Council approve Resolution No. 2657 to submit the Local Transportation Purposes Certifications and Claim Forms to Fresno County Transportation Authority (FCTA) for the City of Fowler to collect its share of Measure “C” funds for fiscal year 2023-2024, and authorize the Finance Director to sign the Local Transportation Pass Through Revenue Certifications and Claim Forms.

BACKGROUND
On June 14, 2023, the FCTA Board adopted their Board Resolution No. 2023-02 (Resolution attached) for Measure C Extension Local Transportation Purposes Pass-Through Projects and Program Funds apportionment for fiscal year 2023-2024. The following is the Local Transportation Program Pass-Through and Subprograms of which the City of Fowler will receive Measure C funding:
• 0.92% of $17,078,542 for Street Maintenance Category sub program; City’s share is $156,451;
• 0.92% of $597,750 for ADA Compliance Category sub program; City’s share is $5,476; • 1.07% of $17,062,529 for Flexible Funding Category sub program; City’s share is $182,654.

Measure C Reporting
July 18, 2023

Page 2 ends

Each subprogram has various requirements and exemptions for spending the funds as outlined in the Measure C Extension 2007 Local Agency Handbook. These are the estimated apportionments scheduled for FY 2023-2024 for the City of Fowler Measure C Extension Program.

To receive these funds monthly, the City must file a separate 2023-2024 Certification and Claim form for each sub program (forms attached) along with a City Council Resolution which is to be submitted to the Fresno County Transportation Authority by September 15, 2023. Once these documents have been accepted, each agency will receive a separate check for each sub program. Measure “C” funds will be distributed on a proportional basis as funds are received.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

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

GENERAL PLAN CONSISTENCY
Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.

Goal PF-2
Fowler maintains and manages the orderly and efficient expansion of public facilities, utilities, and community services.

Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.

Policy MOB-25
Coordinate local transportation planning with the Fresno Council of Governments (COG) Regional Transportation Plan (RTP), Fresno County Rural Transit Agency (FCRTA), and other agencies on relevant transportation plans to ensure eligibility for state and federal funding.

Policy MOB-28
Seek all available means to finance improvements, including State and Federal grants.

Measure C Reporting
July 18, 2023

Page 3 ends

FISCAL IMPACT
The 2023-2024 Measure C funding will augment other local transportation fund sources to carry out street maintenance programs and other public transportation improvements during the fiscal year.

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

Attachments
- Resolution No. 2657 Concerning Local Transportation Purpose Funds Extension (Measure “C” Extension).
- FCTA Board Resolution No. 2023-02 & Certification and Claim Forms RESOLUTION NO. 2657

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

CONCERNING LOCAL TRANSPORTATION PURPOSE FUNDS EXTENSION (MEASURE “C” EXTENSION)
WHEREAS, the City of Fowler is an eligible claimant of funds for Measure C Extension Local Transportation Pass-Through Projects and Program Funds pursuant to California Public Utilities Code Section 142257; and
WHEREAS, the Fresno County Transportation Authority has adopted a Resolution of Apportionment for FY 2023-2024, Measure C Extension Local Transportation Pass-Through Projects and Program Funds setting the City of Fowler’s percentages at the following:
• 0.92% of $17,078,542 (or $156,451) for the Local Transportation Program, Local Allocation – Street Maintenance Category sub program;
• 0.92% of $597,750 (or $5,476) for the Local Transportation Program, Local Allocation – ADA Compliance Category sub program;
• 1.07% of $17,062,529 (or $182,654) for the Local Transportation Program, Local Allocation – Flexible Funding Category sub program;
which shall be the proportionate share of Measure C Extension Local Transportation Pass-Through Projects and Program Funds to the City shall be entitled within the fiscal year; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1) The City of Fowler hereby submits its Local Transportation Purposes Certification and Claims for Fiscal Year 2023-2024 Measure C Extension Local Transportation PassThrough Projects and Program Funds; 2) The City of Fowler hereby requests the release of funds to the City on a monthly payment basis consistent with the adopted percentages listed above, based on actual receipts; 3) The City Council of the City of Fowler further certifies:
a) That Local Transportation Purpose Funds will not be used to substitute for property tax funds which the City of Fowler had previously used for local transportation purposes; and
b) That the City of Fowler has and will segregate property tax revenues used to support local transportation purposes so that verification of non-substitution can be proved through audit and:
c) That the City of Fowler shall separately account for Local Transportation Purposes Funds received, pursuant to Public Utilities Code Section 142257. The City shall maintain records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit at any time. 4) The City of Fowler understands that should a financial or compliance audit reveal that the City of Fowler violated any of the requirements set forth in paragraph 3 (a) (b) or ( c ), that the Fresno County Transportation Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures. 5) The City of Fowler will submit completed Local Transportation Pass Through Revenues Reporting Requirements for prior year expenditures before November 15.

PASSED, APPROVED AND ADOPTED this 18th day of July 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2023-24
TO: Fresno County Transportation Authority
FROM: City of Fowler
Local Agency Name
Address:128 S. Fifth Street, Fowler, CA 93625 Contact: Wilma Tucker, City Manager Telephone: (559) 834-3113 FAX: (559) 834-0185 Email Address: [email protected]

1. Applicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Alternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
Infill
Administrative/Planning Program
Fresno COG

2. The City of Fowler ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2023-2024 setting .92 % of $597,750 (or $5,476) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions

4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

_______________________________________________________ Finance Director ________________
ATTACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on: __________________________ Authorized Signature:

Title:

Date:

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

2. The City of Fowler ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2023-2024 setting 0.92% of $17,078,542 (or $156,451) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions

Claimant shall make such records available to the Authority for inspection or audit at any time.

Title:

Date:

Measure C Extension Strategic Implementation Plan – Appendix D

MEASURE C EXTENSION

2. The City of Fowler ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2023-2024 setting 1.07% of $17,062,529 (or $182,654) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions

Claimant shall make such records available to the Authority for inspection or audit at any time.

Title:

Date:

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

REPORT TO THE CITY COUNCIL
July 18, 2023
FROM WILMA TUCKER, City Manager

SUBJECT
APPROVE an agreement with Fowler Unified School District to provide fueling services to the City of Fowler’s fleet for the period of August 1, 2023 to June 30, 2025 and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
Approval of this item will allow the City continued access to the District’s fuel station to efficiently fuel all its fleet at a more economical rate than at a private fuel station.

BACKGROUND
Since 2018, the City and District have maintained a services agreement which has allowed the City to fuel its fleet from the District at a lower cost per gallon than other private vendors. The most recent fueling agreement expires on June 30, 2023, as such the proposed agreement is for a two-year term expiring on June 30, 2025. The proposed agreement was approved by the District’s Board on June 28, 2023. Approval of the proposed agreement will allow the City to achieve the same efficiencies and cost savings as realized under the current agreement.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

Fuel Agreement with Fowler Unified School District
July 18, 2023

Page 2 ends

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

GENERAL PLAN CONSISTENCY
General Plan Policy PF-6
Prepare and maintain resources and mechanisms to adequately plan for, develop, and maintain public facilities.

FISCAL IMPACT
Approval of this agreement will result in cost savings for the City.

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

Attachments
- Agreement

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

REPORT TO THE CITY COUNCIL
July 18, 2023
FROM SOO HO PARK, City Engineer

SUBJECT
Actions pertaining to Landscape and Storm Drainage Facilities Maintenance District No. 1 Annual Assessments – Approve Engineer’s Report and Intent to Order Levy. i) APPROVE Resolution No. 2658, a resolution approving the City Engineer’s Report for Landscape and Storm Drainage Facilities Maintenance District No. 1 for Fiscal Year 2023- 2024.
ii) APPROVE Resolution No 2659, a resolution of the City’s intention to levy and collect the annual assessment of the Landscape and Storm Drainage Facilities Maintenance District No. 1, for Fiscal Year 2023-2024, and to set a public hearing for August 1, 2023.

EXECUTIVE SUMMARY
These actions are necessary to levy the annual assessment for the operations and maintenance of landscaping and storm drainage facilities that are a part of the City’s Landscape and Storm Drainage Facilities Maintenance District No. 1.

BACKGROUND
The City provides for the operations and maintenance of landscaping and storm drainage facilities within various improved developments throughout the City of Fowler. The City’s Landscape and Storm Drainage Facilities Maintenance District No. 1 (“LSDFMD No. 1”) was formed pursuant to the Landscaping and Lighting Act of 1972 (the “Act”) and provides for assessing parcels within these developed areas to fund these maintenance and operations activities.

Actions pertaining to landscape and storm drainage facilities maintenance district No. 1 annual assessments – Approve engineer’s report and intent to order levy July 18, 2023

Page 2 ends

To initiate this process for the levy of the annual assessment, the City Council must first adopt a resolution ordering the City Engineer to prepare an Engineer’s Report for consideration by the City Council. The City Council must approve the Engineer’s Report annually, which describes the improvements to be maintained and the costs and proposed assessments to be levied on the properties within LSDFMD No. 1. Approval of the levy of the annual assessment must be completed by the City Council after conducting a public hearing at a regular meeting, prior to August 10, 2022. The City initiated this process for fiscal year 2023-2024, by adopting Resolution No. 2651 at the June 20, 2023 City Council Meeting.

The City Council should approve Resolution No. 2658, approving the City Engineer’s Report for fiscal year 2023-2024, in accordance with Streets and Highways Code section 22622. The City Engineer has prepared and filed the report with the City Clerk. The City Council should consider and approve the Engineer’s Report for fiscal year 2023-2024.

Exhibit A of the Engineer’s Report generally describes the area to be benefitted by the LSDFMD No. 1.

There are no new improvements or substantial changes in LSDFMD No. 1 from the previous year. The City Council should approve Resolution No. 2659, declaring its intent to levy the annual assessment, and set a public hearing for the adoption of a resolution approving the levy of the annual assessment for LSDFMD No. 1 for the regular City Council Meeting on August 1, 2023.

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

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies.

General Plan Policy PF-4
Regularly evaluate and update, as necessary, development impact fees and other applicable City fees.

Actions pertaining to landscape and storm drainage facilities maintenance district No. 1 annual assessments – Approve engineer’s report and intent to order levy July 18, 2023

Page 3 ends

FISCAL IMPACT
Per the Engineer’s Report attached hereto for the 2023-2024 fiscal year, the annual assessments for LSDFMD No. 1 remain unchanged from the previous year’s report.

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

Attachments:
- Engineer’s Report for 2023-2024.
- Resolution No. 2658 (Approving Engineer’s Report)
- Resolution No. 2659 (Intent to Order Levy of Annual Assessment)

CITY OF FOWLER, CALIFORNIA

ENGINEER'S REPORT
OF

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT No. 1
2023-2024 TAX YEAR

ANNUAL ASSESSMENT
SOO HO PARK, PE.

CITY ENGINEER

CITY OF FOWLER

CALIFORNIA
JULY 2023

ENGINEER'S REPORT
OF

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT No. 1

FOWLER, CALIFORNIA
2023-2024 TAX YEAR
I, Soo Ho Park, Engineer for the City of Fowler, Landscaping and Storm Drainage Facilities Maintenance District No. 1, hereby submit the Engineer's Report of said project as follows:

A. Plans and Specifications
The Plans and Specifications for the landscaping and storm drainage improvements to be serviced and maintained are incorporated herein by reference to construction items as listed and enumerated in the documents entitled:

The Plans and Specifications for the Development of Tract No. 3997, Tract No. 4055, Tract No. 4128, Tract No. 4552, Tract No. 4571, Tract No. 4572, Parcel Map No. 95- 2, Tract No. 4887, Tract No. 4994, Tract No. 5041, Tract No. 5042, Tract No. 5088, Tract 5090, Tract 5198, Tract No. 5212, Tract No. 5280, Tract 5779, Tract 5834, Tract 5952, Tract 6157, Tract 6188, Tract 6259, and Tract 6274.

The improvements consist of landscaping, drainage pipelines and lagoon disposal and appurtenances and irrigation systems on East Sumner Avenue serving Tract No. 3997 and 4055, on South Avenue serving Tract No. 4128, on Harris Avenue serving Tract No. 4552 and Parcel Map No. 95-2, on South Avenue serving Tract No. 4571, on Temperance Avenue serving Tract No. 4572, on East Sumner Avenue, Magnolia Avenue, Palm Avenue, Aspen Avenue, Maple Avenue and Stanford Avenue service and block wall on East Sumner Avenue and Magnolia Avenue serving Tract No. 4887 and Tract No. 4994, on Maple Avenue, Palm Court, West Fresno Street and Fowler Avenue serving Tract No. 5042, on East Sumner Avenue and Sunnyside Avenue serving Tract No. 5041, on Adams Avenue and South Temperance Avenue serving Tract No. 5088, on South Temperance Avenue and East Clayton Avenue serving Tract No. 5090, on East South Avenue and South Sunnyside Avenue serving Tract No. 5198, on East Sumner Avenue and South Sunnyside Avenue serving Tract No. 5212 and Tract No. 5779, on South Temperance Avenue serving Tract No. 5280, on East South Avenue and South Sunnyside Avenue serving Tract No. 5198, on East Clayton Avenue and South Temperance Avenue serving Tract No. 5090, on East South Avenue, South Sunnyside Avenue, and Stanford Avenue serving Tract No. 5834, on East Clayton Avenue and South Armstrong Avenue serving Tract No. 6157, on East Adams Avenue and North Armstrong Avenue serving Tract No. 6188, on South Sunnyside Avenue and Stanford Avenue serving Tract No. 5834, on East Sumner Avenue and South Sunnyside Avenue serving Tract No. 6274, and on East South Avenue and South Sunnyside Avenue serving Tract No. 5952.

B. Estimated Cost
A breakdown of the cost of maintenance and other expenses in connection with the operations, maintenance, and incidentals for the Landscaping and Storm Drainage Facilities Maintenance District No. 1 are described in Exhibit "A", attached hereto and incorporated herein as though set forth in full.

C. Proposed Assessment
I do hereby assess and apportion said total amount of the cost and expenses of said operations, servicing and maintenance, upon the several lots, or parcels of land liable therefore and benefited thereby all as is more particularly set forth in the assessment roll filed herewith, marked Exhibit "B", and incorporated herein by reference. The numbers on said assessment roll correspond with the assigned numbers upon the assessment diagram filed herewith and marked Exhibit "C". Said assessment is made upon the several parcels of land within said district in proportion to the estimated benefits to be received by said parcels respectively from said maintenance.

D. Assessment Diagram
The diagram entitled "Assessment Diagram of the City of Fowler, Landscaping and Storm Drainage Facilities Maintenance District No. I , County of Fresno, State of California", containing twenty five (25) sheets, filed herewith, Exhibit "C" and hereby incorporated herein as set forth in full, delineates the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within said District. Each lot or parcel of land having been assigned a distinctive number upon said assessment diagram. ____________________________
Soo Ho Park, City Engineer
07/14/2023
Dated
I, Angela Vasquez, Deputy Clerk of the City Council of the City of Fowler, do hereby certify that the foregoing assessment roll together with the assessment diagram of the City of Fowler Landscaping and Storm Drainage Facilities Maintenance District No. 1, attached thereto was filed with me on the ____ day of , 2023.

Deputy Clerk of the City Council of the City of Fowler, California By:__________________________________
Angela Vasquez
I, Angela Vasquez, Deputy Clerk of the City Council of the City of Fowler, do hereby certify that the foregoing assessment roll together with the assessment diagram of the City of Fowler Landscaping and Storm Drainage Facilities Maintenance District No. 1, attached thereto, was approved and confirmed by the City Council on the ____ day of , 2023 by adoption of Resolution No. .

Deputy Clerk of the City Council of the City of Fowler, California By:__________________________________
Angela Vasquez
I, Wilma Tucker, City Manager of the City of Fowler, do hereby certify that the foregoing assessment together with the assessment diagram of the City of Fowler Landscaping and Storm Drainage Maintenance District No. 1, attached thereto, was filed with me on the ____ day of _____________, 2023.

By:__________________________________
Wilma Tucker, City Manager
Exhibit A
Engineer's Report of City of Fowler
Landscaping and Storm Drainage System Maintenance District No. 1 County of Fresno, State of California
EXHIBIT "A"
Engineer's Report of
City of Fowler
Landscaping and Storm Drainage System Maintenance District No. 1 Fowler, California
2023-2024 TAX YEAR
I. Tract No. 3997 and 4055
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $1,000.00
B. Toxic Build-Up

1. Soil Sample Tests $300.00

2. Clean-Up and Basin Toxins $72.00
C. Legal, Engineering, and Administration

1. Legal $350.00

2. Engineering Assessment Report (following year) $750.00

3. Administration & Recording Fees $257.50
D. Reserve $0
Total Tract No. 3997 and 4055 $2,729.50
II. Tract No. 4128
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $450.00
B. Toxic Build-Up

1. Soil Sample Tests $150.00

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $50.00

2. Engineering Assessment Report (following year) $200.00

3. Administration & Recording Fees $60.00
D. Reserve $0
Total Tract No. 4128 $910.00
III. Tract No. 4552 and Parcel Map No. 95-2
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $685.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $185.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $130.00
D. Reserve $0
Total Tract No. 4552and Parcel Map No. 95-2 $1,350.00
IV. Tract No. 4571
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $520.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $160.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $57.50
D. Reserve $0
Total Tract No. 4571 $1,087.50
V. Tract No. 4572
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $1,421.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $117.50
D. Reserve $0
Total Tract No. 4572 $2,138.50
VI. Tract No. 4887
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $1,210.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $115.00
D. Reserve $0
Total Tract No. 4887 $1,925.00
VII. Tract No. 4994
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $1,265.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $115.00
D. Reserve $0
Total Tract No. 4994 $1,980.00
VIII. Tract No. 5041
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $2,930.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $210.00
D. Reserve $0
Total Tract No. 5041 $3,740.00
IX. Tract No. 5042
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $1,971.20
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $150.00
D. Reserve $0
Total Tract No. 5042 $2,721.20
X. Tract No. 5088
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $2,820.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $210.00
D. Reserve $0
Total Tract No. 5088 $3,630.00
XI. Tract No. 5090
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $8,025.12
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $450.00

2. Engineering Assessment Report (following year) $800.00

3. Administration & Recording Fees $330.00
D. Reserve $0
Total Tract No. 5090 $9,605.12
XII. Tract No. 5198
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $10,540.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $500.00

2. Engineering Assessment Report (following year) $850.00

3. Administration & Recording Fees $350.00
D. Reserve $0
Total Tract No. 5198 $12,240.00
XIII. Tract No. 5212 and Tract No. 5779
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $4,803.00
B. Toxic Build-Up
C. Soil Sample Tests $0
D. Clean-Up and Basin Toxins $0
E. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $450.00

3. Administration & Recording Fees $325.00
F. Reserve $0
Total Tract No. 5212 and Tract No. 5779 $5,829.00
XIV. Tract No. 5280
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $2,655.00
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $250.00

2. Engineering Assessment Report (following year) $350.00

3. Administration & Recording Fees $210.00
D. Reserve $0
Total Tract No. 5280 $3,465.00
XV. Tract No. 5834
A. Maintenance Costs

1. Landscaping and Storm Drainage $3,714.88
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $500.00

2. Engineering Assessment Report (following year) $850.00

3. Administration & Recording Fees $350.00
D. Reserve $0
Total Tract No. 5834 $5,414.88
XVI. Tract No. 5952
A. Maintenance Costs

1. Landscaping and Storm Drainage $12,662.02
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $500.00

2. Engineering Assessment Report (following year) $850.00

3. Administration & Recording Fees $350.00
D. Reserve $0
Total Tract No. 5952 $14,362.02
XVII. Tract No. 6157
A. Maintenance Costs

1. Landscaping and Storm Drainage Basin $6,199.70
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $400.00

2. Engineering Assessment Report (following year) $650.00

3. Administration & Recording Fees $280.00
D. Reserve $0
Total Tract No. 6157 $7,529.70
XVIII. Tract 6188
A. Maintenance Costs

1. Landscaping and Storm Drainage $16,152.40
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $500.00

2. Engineering Assessment Report (following year) $850.00

3. Administration & Recording Fees $350.00
D. Reserve $0
Total Tract No. 6188 $17,852.40
XIX. Tract No. 6259
A. Maintenance Costs

1. Landscaping and Storm Drainage $1,853.48
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $500.00

2. Engineering Assessment Report (following year) $850.00

3. Administration & Recording Fees $350.00
D. Reserve $0
Total Tract No. 6259 $3,553.48
XX. Tract No. 6274
A. Maintenance Costs

1. Landscaping and Storm Drainage $6,970.42
B. Toxic Build-Up

1. Soil Sample Tests $0

2. Clean-Up and Basin Toxins $0
C. Legal, Engineering, and Administration

1. Legal $500.00

2. Engineering Assessment Report (following year) $850.00

3. Administration & Recording Fees $350.00
D. Reserve $0
Total Tract No. 6274 $8,670.42

ENGINEER'S CALCULATIONS
FOR

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT No. 1
A. Tract No. 3997
Total Number of Parcels = 59
B. Tract No. 4055
Total Number of Parcels = 44
Subtotal of A & B 103
C. Tract No. 4128
Total Number of Parcels = 20
D. Tract No. 95-2
Total Number of Parcels = 2
E. Tract No. 4552
Total Number of Parcels = 20
Subtotal of D & E 22
F. Tract No. 4571
Total Number of Parcels = 25
G. Tract No. 4572
Total Number of Parcels = 47
H. Tract No. 4887
Total Number of Parcels = 35
I. Tract No. 4994
Total Number of Parcels = 36
J. Tract No. 5041
Total Number of Parcels = 68
K. Tract No. 5042
(Equivalent Number of Parcels) = 49.4764
L. Tract No. 5088
Total Number of Parcels = 66
M. Tract No. 5090
Total Number of Parcels = 112
N. Tract No. 5198
Total Number of Parcels = 144
O. Tract No. 5212 and Tract No. 5779
(Equivalent Number of Parcels) = 106.9695
P. Tract No. 5280
Total Number of Parcels = 63
Q. Tract No. 5834
Total Number of Parcels
= 58
R. Tract No. 5952
Total Number of Parcels= 73
S. Tract No. 6157
Total Number of Parcels= 57
T. Tract No. 6188
Total Number of Parcels=76
U. Tract No. 6259
Total Number of Parcels= 74
V. Tract No. 6274
Total Number of Parcels= 99

ASSESSMENT COSTS
FOR

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT NO. 1
I.Tract No. 3997 and Tract No. 4055
Assessment Cost - $2,729.50 / 103 Parcels = $26.50 / Parcel II.Tract No. 4128
Assessment Cost - $910.00 / 20 Parcels = $45.50 / Parcel III.Tract No. 4552 and Parcel Map No. 95-2
Assessment Cost - $1,350.00 / 22 Parcels = $61.36 / Parcel IV.Tract No. 4571
Assessment Cost - $1,087.50 / 25 Parcels = $43.50 / Parcel V.Tract No. 4572
Assessment Cost - $2,138.50 / 47 Parcels = $45.50 / Parcel VI.Tract No. 4887
Assessment Cost - $1,925.00 / 35 Parcels = $55.00 / Parcel VII.Tract No. 4994
Assessment Cost - $1,980.00 / 36 Parcels = $55.00 / Parcel VIII.Tract No. 5041
Assessment Cost - $3,740.00 / 68 Parcels = $55.00 / Parcel IX.Tract No. 5042
Assessment Cost - $2,721.20 / 49.4764
(44 regular parcels + 5.4764 equivalent parcels)
= $55.00 / Parcel
X.Tract No. 5088
Assessment Cost - $3,630.00 / 66 Parcels = $55.00 / Parcel XI.Tract No. 5090
Assessment Cost - $9,605.12 / 112 Parcels = $85.76 / Parcel XII. Tract No. 5198
Assessment Cost - $12,240.00 / 144 Parcels = $85.00 / Parcel XIII.Tract No. 5212 and Tract No. 5779
Assessment Cost – $5,829.00 / 106.9695 = $54.49 / Parcel (52 Regular Parcels + (79 Condo Parcels = 23 Parcels) + 31.9695 Equivalent Parcels) XIV.Tract No. 5280
Assessment Cost - $3,465.00 / 63 Parcels = $55.00 / Parcel XV.Tract No. 5834
Assessment Cost – $5,414.88 / 58 Parcels = $93.96 / Parcel XVI.Tract No 5952
Assessment Cost - $14,362.02 / 73 Parcels = $196.74 / Parcel XVII.Tract No. 6157
Assessment Cost – $7,529.70 / 57 Parcels = $132.10 / Parcel XVIII.Tract No. 6188
Assessment Cost – $17,852.40 / 76 Parcels = $234.90 / Parcel XIX.Tract No. 6259
Assessment Cost – $3,553.48 / 74 Parcels = $48.02 / Parcel XX.Tract No. 6274
Assessment Cost – $8,670.42 / 99 Parcels = $87.58 / Parcel

SUMMARY

ASSESSMENT TOTALS
I. Tract No. 3997 and 4055 $2,729.50
II. Tract No. 4128 $910.00
III. Tract No. 4552 and Parcel Map No. 95-2 $1,350.00
IV. Tract No. 4571 $1,087.50
V. Tract No. 4572 $2,138.50
VI. Tract No. 4887 $1,925.00
VII. Tract No. 4994 $1,980.00
VIII. Tract No. 5041 $3,740.00
IX. Tract No. 5042 $2,721.20
X. Tract No. 5088 $3,630.00
XI. Tract No. 5090 $9,605.12
XII. Tract No. 5198 $12,240.00
XIII. Tract No. 5212 and Tract No. 5779 $5,829.00
XIV. Tract No. 5280 $3,465.00
XV. Tract No. 5834 $5,414.88
XVI. Tract No. 6157 $7,529.70
XVII. Tract No. 5952 $14,362.02
XVIII. Tract No. 6259 $3,553.48
XIX. Tract No. 6188 $17,852.40
XX. Tract No. 6274 $8,670.42
Total Assessment for 2023-2024 $110,733.72
Exhibit B
Assessment Roll of City of Fowler
Landscaping and Storm Drainage System Maintenance District No. 1 County of Fresno, State of California
City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2023-24 Tax Year
Number Tract
Assessor's
Parcel No. Owner
No. Of
Names
1 3997 343-291-01 $26.50 ALVAREZ JOE M / ALVAREZ MARY L 2 2 3997 343-291-02 $26.50 BUGARIN ROBERT / BUGARIN CARMEN 2 3 3997 343-291-03 $26.50 GILL HARBHAJAN S / GILL HARBHAJAN K 2 4 3997 343-291-04 $26.50 GONZALEZ MARTIN 1
5 3997 343-291-05 $26.50 REYNA MIKE P 1
6 3997 343-291-06 $26.50 MENDOZA EMMA / MENDOZA LOUIS 2 7 3997 343-291-07 $26.50 GILL CHANCHAL S / GILL GURMIT K 2 8 3997 343-291-08 $26.50 HOOVER RITA J 1
9 3997 343-291-09 $26.50 CURIEL LAURA 1
10 3997 343-291-10 $26.50 CEBALLOS EDIE V 1
11 3997 343-291-11 $26.50 ORTIZ MARY 1
12 3997 343-291-12 $26.50 PEREZ HECTOR / PEREZ KATHERINE 2 13 3997 343-292-01 $26.50 JIMENEZ MITCHELL / JIMENEZ DIANA 2 14 3997 343-292-02 $26.50 QUIZ ALMA G 1
15 3997 343-292-03 $26.50 RODRIGUEZ JOSE S / RODRIGUEZ BRENDA K 2 16 3997 343-292-04 $26.50 SERRANO MARGARITA 1
17 3997 343-292-05 $26.50 WARD ANTHONY E / WARD VIRGINIA 2 18 3997 343-292-06 $26.50 CARRASCO RONALD L / CARRASCO KATHERINE 2 19 3997 343-292-07 $26.50 ESPINOZA ROBERT SOTERO / ESPINOZA YOLANDA 2 20 3997 343-292-08 $26.50 GONZALES JOSE FRANCISCO / GONZALES MARY ELLEN 2 21 3997 343-292-09 $26.50 GAYTAN APOLINAR 1
22 3997 343-292-10 $26.50 PEREZ ABADAEL / PEREZ ROSA 2
23 3997 343-292-11 $26.50 TAMEZ DANIEL 1
24 3997 343-292-12 $26.50 ALMERAZ BENJAMIN / ALMERAZ ESTHER 2 25 3997 343-292-13 $26.50 CHAVERO PROPERTIES LLC 1
26 3997 343-292-14 $26.50 GRIGSBY NATHANIEL 1
27 3997 343-293-01 $26.50 VARELA ARMANDO / VARELA ANGELINA 2 28 3997 343-293-02 $26.50 VARELA ANGELINA 1
29 3997 343-293-03 $26.50 GARCIA JUAN M / GARCIA MARIA C 2 30 3997 343-293-04 $26.50 ARCHULETA IDA M 1
31 3997 343-293-05 $26.50 VILLA JESUS S / VILLA JESSIE ALANIS 2 32 3997 343-293-06 $26.50 RAMIREZ CARLOS 1
33 3997 343-293-07 $26.50 MENDEZ JOSE ANTONIO / MENDEZ MARTHA A 2 34 3997 343-293-08 $26.50 MEJIA MARIA ALIS 1
35 3997 343-293-09 $26.50 PENA IDALIA S 1
36 3997 343-293-10 $26.50 BRISCO SHIRLEY A TRS 1
37 3997 343-293-11 $26.50 PEREZ JOHN M / PEREZ RITA 2
38 3997 343-293-12 $26.50 AGUIRRE GABRIEL A 1
39 3997 343-293-13 $26.50 RAMIREZ JESSICA 1
40 3997 343-293-14 $26.50 LOPEZ ENRIQUE R / LOPEZ PLACENCIA H 2 41 3997 343-294-01 $26.50 MARTINEZ JOSE LUIS MORA / MARTINEZ MARIA L 2 42 3997 343-294-02 $26.50 MARTINEZ RAMON / MARTINEZ MARINA 2 43 3997 343-294-03 $26.50 PRADO JUAN J / PRADO LUCINA 2 Exhibit "B"
City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2023-24 Tax Year
Number Tract
Assessor's
Parcel No. Owner
No. Of
Names
44 3997 343-294-04 $26.50 CHAVERO PROPERTIES LLC 1
45 3997 343-294-05 $26.50 DELGADO BEATRICE 1
46 3997 343-294-06 $26.50 CORONADO, MARCO ANTONIO TORR / DE LEON, YOHANA

ELIZABETH
2 47 3997 343-294-07 $26.50 MILLER BETTE J 1
48 3997 343-294-08 $26.50 MEDINA DALIA RAMIREZ 1
49 3997 343-294-09 $26.50 SANCHEZ PEDRO / SANCHEZ VIVIAN 2 50 3997 343-294-10 $26.50 GRIGSBY GLENDA 1
51 3997 343-294-11 $26.50 PANDHER HARPREET SINGH 1
52 3997 343-294-12 $26.50 LOPEZ MARGARITA / DIAZ ERIKA SYLVIA / DIAZ MICHAEL 3 53 3997 343-294-13 $26.50 SANTILLAN-RUIZ REVOCABLE LIVING TRUST/ SANTILLIAN RAYMOND / RUIZ GRACIELA 3
54 3997 343-294-14 $26.50 QUINTERO MARIA E / QUINTERO ESEQUIEL 2 55 3997 343-294-15 $26.50 CHAVERO PROPERTIES LLC 1
56 3997 343-294-16 $26.50 SANGHA AMARDEEP KAUR 1
57 3997 343-294-17 $26.50 VARGAS J BENITO / VARGAS GLORIA 2 58 3997 343-294-18 $26.50 BONILLA ANGEL / BONILLA TERESA 2 59 3997 343-294-19 $26.50 ESPINOZA ROBERT S / ESPINOZA YOLANDA 2 60 4055 343-300-01 $26.50 CHAVERO PROPERTIES LLC 1
61 4055 343-300-02 $26.50 CENTENO NESTOR J / CENTENO MANUELA 2 62 4055 343-300-03 $26.50 GONZALEZ DAGOBERTO / GONZALEZ ROSA M 2 63 4055 343-300-04 $26.50 GARCIA SERGIO 1
64 4055 343-300-05 $26.50 AYALA ARTURO / AYALA ANGELA M 2 65 4055 343-300-06 $26.50 RESENDEZ PABLO / RESENDEZ MARTHA 2 66 4055 343-300-07 $26.50 RODRIGUEZ MARIA G 1
67 4055 343-300-08 $26.50 MENDEZ MARTHA ALICIA 1
68 4055 343-300-09 $26.50 LOPEZ JOSE M / LOPEZ ELIVIER 2 69 4055 343-300-10 $26.50 GRAVANCE BRIANA 1
70 4055 343-300-70 $26.50 ESPINOZA FELICIA 1
71 4055 343-300-12 $26.50 KAUR RUPINDER / SINGH BARINDER 2 72 4055 343-300-13 $26.50 RAMIREZ LUZ ELENA 1
73 4055 343-300-14 $26.50 TAJ MOHAMMED / TAJ MARYAM 2
74 4055 343-300-15 $26.50 ABUNDIS EDUARDO / BERDUGO MELISSA 2 75 4055 343-300-16 $26.50 MANCILLAS ESTEBAN / MANCILLAS LAURENCIA 2 76 4055 343-300-17 $26.50 LUZ SANTOS IGNACIO / LUZ MARIA DE LA 2 77 4055 343-300-18 $26.50 OLVERA THERESA 1
78 4055 343-300-19 $26.50 REYNA FELIX C / REYNA LORENZA C 2 79 4055 343-300-20 $26.50 JIMENEZ MANUEL / JIMENEZ EUTIQUIA 2 80 4055 343-300-21 $26.50 ESCALANTE BERNARDINO MENDEZ / DE ESCALANTE

BERTHA A ZAVALA
2 81 4055 343-300-22 $26.50 JIMENEZ ALEJANDRO 1
82 4055 343-300-23 $26.50 LARA AMELIA G 1
Exhibit "B"
City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2023-24 Tax Year
Number Tract
Assessor's
Parcel No. Owner
No. Of
Names
83 4055 343-300-24 $26.50 MARIA LEDEZMA, LIVING TRUST / LEDEZMA MARIA 2 84 4055 343-300-25 $26.50 PONCE RENE CEJA 1
85 4055 343-300-26 $26.50 CAMACHO JUAN F / CAMACHO RACHEL L 2 86 4055 343-300-27 $26.50 SANDOVAL HERIBERTO / SANDOVAL NINFA 2 87 4055 343-300-28 $26.50 DE CHAVERO IGNACIO / DE CATALINA RIVAS 2 88 4055 343-300-29 $26.50 CHAVERO PROPERTIES LLC 1
89 4055 343-300-30 $26.50 SUMAYA MICHELLE 1
90 4055 343-300-31 $26.50 CORTEZ MIGUEL P / CORTEZ ADELAIDA G 2 91 4055 343-300-32 $26.50 HERRERA SIMON / HERRERA GUADALUPE 2 92 4055 343-300-33 $26.50 GARCIA FRANCISCO TRS 1
93 4055 343-300-34 $26.50 CHAVERO PROPERTIES LLC 1
94 4055 343-300-35 $26.50 RODRIGUEZ ARMANDO 1
95 4055 343-300-36 $26.50 TORREZ ARMANDO 1
96 4055 343-300-37 $26.50 PEREZ JOAQUIN A / PEREZ ELIDIA 2 97 4055 343-300-38 $26.50 CHAVERO GUILLERMO / CHAVERO SOCORRO R 2 98 4055 343-300-39 $26.50 BOJORQUEZ IRREVOCABLE TRUST / GOLDMAN STEPHANIE BOJORQUEZ / BOJORQUEZ BRANDON E 3
99 4055 343-300-40 $26.50 SANCHEZ EMELIA / SANCHEZ JUAN CARLOS 2 100 4055 343-300-41 $26.50 RICO ACENCION / RICO YOLANDA 2 101 4055 343-300-42 $26.50 ANDRADE MARTIN V / ANDRADE DIANE 2 102 4055 343-300-43 $26.50 HERNANDEZ EFREN S / HERNANDEZ LUCINA C 2 103 4055 343-300-44 $26.50 JIMENEZ MIGUEL A / JIMENEZ GUADALUPE C 2 104 4128 343-280-31 $45.50 SIMONIAN BRENT T 1
105 4128 343-280-32 $45.50 CAUDLE DWIGHT DOUGLAS & TERESA J TRS 2 106 4128 343-280-33 $45.50 WILLIAMS BRADLEY C / WIILLIAMS MARTINA G 2 107 4128 343-280-34 $45.50 SCHMALL FLOYD 1
108 4128 343-280-35 $45.50 WRIGHT AYAKO / HUNTER HUMIYO D 2 109 4128 343-280-36 $45.50 KANG SATINDER K / NAGRA KLRANDEEP S 2 110 4128 343-280-37 $45.50 BERGTHOLD CHRISTOPHER J 1
111 4128 343-280-38 $45.50 MCCOLM JENNIFER V MILLER 1
112 4128 343-280-39 $45.50 GUTIERREZ PETER L TRUST 1
113 4128 343-280-40 $45.50 RUIZ JOSE LUIS 1
114 4128 343-280-41 $45.50 ZADOURIAN JACK / ZADOURIAN ASTINE 2 115 4128 343-280-42 $45.50 ARMSTRONG KEN / ARMSTRONG VICTORIA 2 116 4128 343-280-43 $45.50 CARDENAS RUDOLFO 1
117 4128 343-280-44 $45.50 PHILLIPS RONALD P / PHILLIPS ANGELA E 2 118 4128 343-280-45 $45.50 RODRIQUEZ VINCENT P 1
119 4128 343-280-46 $45.50 YOUNG MARIAN J 1
120 4128 343-280-47 $45.50 GRANADOS FLORENTINO O 1
121 4128 343-280-48 $45.50 MORENO STEPHANIE L 1
122 4128 343-280-49 $45.50 KELLETT JOHN / KELLETT DEBBIE 2 123 4128 343-280-50 $45.50 HALGREN MICHELLE M 1
Exhibit "B"
City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2023-24 Tax Year
Number Tract
Assessor's
Parcel No. Owner
No. Of
Names
124 4552 343-300-47 $61.38