Fowler City Council
December 19, 2023

CITY COUNCIL MEETING
TUESDAY, DECEMBER 19, 2023 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

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

En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.
https://us06web.zoom.us/j/86185594278?pwd=cHtunzxZ3PD3Y1RUBdI2GRXYf_0iw.2iqsP7e3dUTaHOIt Telephone Number: (253) 215-8782
Meeting ID: 861 8559 4278
Passcode: 626852
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at https://fowlercity.org. 1 Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

1. MEETING CALLED TO ORDER

2. ROLL CALL

3. APPROVAL OF AGENDA

4. INVOCATION BY PASTOR WALLY ROBERTS OF ROSE OF SHARON CHURCH

5. PLEDGE OF ALLEGIANCE

6. CEREMONIAL PRESENTATIONS
A. Employee of the Quarter - Karla Escalante

7. 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.

8. 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.

A. RATIFY Warrants for December 19, 2023
B. APPROVE Minutes of the November 7, 2023 City Council Meeting C. APPROVE Resolution No. 2690 adopting a Fixed Asset Policy and Surplus Property Policy.

D. APPROVE Resolution No. 2691 authorize the City Manager to Submit an Application to the Fresno Council of Governments for REAP 2.0 Grant Funds E. APPROVE Resolution No. 2692 approving the updated Employee Benefits Handbook. 2 F. APPROVE Resolution No. 2693 setting the regular City Council meeting schedule for calendar year 2024
G. APPROVE Resolution No. 2694 adopting a Facility Reservation Policy and amending the Master Fee Schedule to codify fees related to parks and facilities reservations.

H. Actions pertaining to Recreation appointments
i. REAPPOINT Roy Alatorre to the Recreation Commission for the portion of unexpired term ending 12/31/2025
ii. REAPPOINT Ailynn Martinez to the Recreation Commission for the portion of unexpired term ending 12/31/2025
iii. REAPPOINT Monique Velasquez - Lopez to the Recreation Commission for the portion of unexpired term ending 12/31/2025
I. APPROVE a Second Amendment to the Professional Services Agreement for on-call civil engineering services with Provost & Pritchard Consulting Group in the amount of $100,000.

J. ACCEPT a $5,000 donation from Jeffrey Scott Agency on behalf of Measure C for the City’s 2024 Fabulous 4th of July event
K. APPROVE Resolution No. 2695 recommending approval of the naming of the neighborhood park in Tract 6274
L. APPROVE 2024 Community Events Calendar

9. CONTESTED CONSENT CALENDAR
Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.

10. STAFF COMMUNICATIONS
A. Community Development Block Grant Update - City Planner Dawn Marple B. Code Enforcement Update - Assistant City Manager Thomas Gaffery C. Update on separate complaints by Zaida Espana against Wilma Tucker and Yvonne Hernandez - City Attorney Scott Cross

11. COUNCILMEMBER REPORTS AND COMMENTS

12. ADJOURN
Next Ordinance No. 2024-01
Next Resolution No. 2696
3 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, December 15, 2023.

Angela Vasquez, CPMC
City Clerk
4 CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 42062-42236 November 2 thru December 13 930,746.13 $ TOTAL ACCOUNTS PAYABLE CHECKS 930,746.13 $

PAYROLL COSTS
First November Bi-Monthly Payroll November 15, 2023 115,029.52 $ Second November Bi-Monthly Payroll November 30, 2023 116,533.61 $ First December Bi-Monthly Payroll December 15, 2023 113,691.06 $ TOTAL PAYROLL COSTS 345,254.19 $

TOTAL CASH DISBURSEMENTS 1,276,000.32 $
NOTE:

Check #42077 Void Check
Check #42078 Void Check
Check #42091 Void Check
Check #42152 Void Check
Check #42214 Void Check

CITY OF FOWLER

WARRANTS LIST
December 19, 2023
5 Section 8, ItemA.
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8 Section 8, ItemA.
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10 Section 8, ItemA.
11 Section 8, ItemA.
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14 Section 8, ItemA.
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20 Section 8, ItemA.
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24 Section 8, ItemA.
25 Section 8, ItemA.

CITY COUNCIL MEETING
TUESDAY, NOVEMBER 07, 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 (left at 7:15 p.m.)
CITY STAFF PRESENT:

City Manager Tucker, City Attorney Cross, Assistant City Manager Gaffery, Provost & Pritchard Associate Planner Czeshinski, Fresno County Battalion Chief Dominguez, Fresno County Fire Chief Hail, Records Technician Molina, Finance Director Moreno, City Planner Marple, City Engineer Park, Police Chief Reid, Public Works Director Rocha, Recreation Supervisor Hernandez, City Clerk Vasquez.

3. CEREMONIAL PRESENTATIONS
A. Veterans Day Proclamation

4. PUBLIC COMMENT
Six members of the public spoke.

5. CONSENT CALENDAR
Items A-G and Item I
Motion made by Mejia, Seconded by Gill.

Voting Yea: Hammer, Kazarian, Parra

6. CONTESTED CONSENT CALENDAR
Councilmember Kazarian pulled Item H from the Consent Calendar.

Seven members of the public spoke.

Mayor Parra called for a recess at 7:12 p.m.
26 Section 8, ItemB.

Mayor Parra reconvened the meeting at 7:14 p.m.

Motion made by Mejia, Seconded by Hammer.

Voting Yea: Gill, Parra
Voting Nay: Kazarian

7. GENERAL ADMINISTRATION
Finance
A. APPROVE Resolution No. 2686 amending the Master Fee Schedule to modify and add fees related to the police department and on-street parking enforcement Motion made by Hammer, Seconded by Gill.

Voting Yea: Mejia, Parra
Planning
B. APPROVE Resolution No. 2688 finding that Vesting Tentative Subdivision Map No. 6409 is consistent with the City of Fowler General Plan and General Plan Environmental Impact Report, absolving it of further environmental analysis pursuant to California Environmental Quality Act Section 15183, and approving the map, subject to the conditions of approval.

One member of the public spoke.

Mayor Pro-Tem Mejia directed staff to add the condition that construction of the new water well be complete before Subdivision Map No. 6409 groundbreaking commences.

Motion made by Hammer, Seconded by Gill.

Voting Yea: Parra, Mejia
Public Works
C. WORKSHOP on water rates
One member of the public spoke.

Council directed staff to move forward with the water rate study as presented.

8. STAFF COMMUNICATIONS
A. Quarterly update from Fresno County Fire Protection District Quarterly update provided by Fresno County Fire Chief Hail.

Updates were also provided by City Manager Tucker, Recreation Supervisor Hernandez, Finance Director Moreno, Assistant City Manager Gaffery, and Public Works Director Rocha.
27 Section 8, ItemB.

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

Council directed staff to bring forward an agreement with Price Paige in 2024.

10. CLOSED SESSION
Meeting reconvened into Open Session at 9:16 p.m.

No reportable action was taken on either item.

11. ADJOURN
Having no further business, the meeting adjourned at 9:17 p.m. 28 Section 8, ItemB.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: MARGARITA MORENO, Finance Director
SUBJECT: APPROVE Resolution No. 2690 adopting a Fixed Asset Policy and Surplus Property Policy.

EXECUTIVE SUMMARY
This action adopts a new Fixed Asset Policy and Surplus Property Policy replacing the prior polices which were adopted in 2004.

BACKGROUND
The City Council approved a Fixed Asset Acquisition and Accounting Policy and Procedures and an Inventory Control Policy and Procedures on July 22, 2004. Both policies need to be updated to address changes in law and best practices over the past 20 years. Also, the topics addressed and requirements in the two policies have been incorporated into two new proposed policies to more clearly address the applicable requirements and standards.

Fixed Asset Policy
The proposed new policy sets the guidelines to safeguard the City’s capital investments and assets, sets responsibility for the custody and inventory of assets, including equipment, and provides financial reporting requirements. The policy defines property that is considered a fixed asset and sets the useful life of that property.

Surplus Property Policy
The proposed new policy sets guidelines and procedures for the proper and timely disposal of outdated, aged, non-functional, and unneeded equipment and personal property items owned by the City. The policy establishes consistent disposition practices designed to maximize transparency and potential compensation to the City, and sets recordkeeping requirements to ensure accountability and transparency.

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. 29 Section 8, ItemC.

GENERAL PLAN CONSISTENCY
This action is not associated with a specific General Plan Goal, Policy, or Action Item. However, this action is consistent with the General Plan’s Community Vision and Supporting Principles.

FISCAL IMPACT
There is no immediate fiscal impact with adoption of these policies.

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

Attachments
- Resolution No. 2690
- Fixed Asset Policy
- Surplus Property Policy
30 Section 8, ItemC.

RESOLUTION NO. 2690

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

A FIXED ASSET POLICY AND A SURPLUS PROPERTY POLICY FOR THE CITY OF FOWLER
WHEREAS, the City’s current Fixed Asset Acquisition and Accounting Policy and Procedures and current Inventory Control Policy and Procedures were adopted by City Council on July 22, 2004; and
WHEREAS, Staff now recommend these policies be replaced with updated policies to better address and ensure compliance with applicable current standards and legal requirements; and
WHEREAS, a proposed Fixed Asset Policy is attached hereto and recommended for approval for the purpose specific in the proposed Policy; and WHEREAS, a proposed Surplus Property Policy is attached hereto and recommended for approval for the purpose specific in the proposed Policy; and WHEREAS, the proposed Fixed Asset Policy and proposed Surplus Property Policy are attached to this resolution and incorporated herein by reference.

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

1. The Fixed Asset Acquisition and Accounting Policy and Procedures and Inventory Control Policy and Procedures approved by the City Council on July 22, 2004, are hereby repealed in their entirety.

2. The Fixed Asset Policy attached hereto is approved to be effective immediately.

3. The Surplus Property Policy attached hereto is approved to be effective immediately.

PASSED, APPROVED AND ADOPTED this 19th day of December 2023, at a regular meeting of the Fowler City Council by the following vote:
31 Section 8, ItemC.

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra
Mayor
ATTEST:
____________________________
Angela Vasquez
City Clerk
32 Section 8, ItemC.

City of Fowler
Fixed Asset Policy
Approved by Resolution 2690
December 19, 2023

1. Purpose
The purpose of this Fixed Asset Policy is to establish guidelines and procedures for the acquisition and management of fixed assets owned by the City of Fowler. This Policy aims to ensure proper accountability, maintenance, and utilization of fixed assets throughout their lifecycle. The City of Fowler is committed to effectively managing its fixed assets to ensure efficient service delivery, safeguarding of public resources, and compliance with relevant laws and regulations. All fixed assets shall be acquired, safeguarded, tracked, disposed, and accounted for in a consistent and transparent manner in accordance with this Policy.

2. Designation and Responsibility
a. The City Manager or their designee shall serve as the Purchasing Officer (FMC 2- 519).
b. The Purchasing Officer may promulgate the processes and forms consistent with this Policy as necessary to implement this Policy.

3. Definitions
a. Capitalization Threshold –The minimum value at which a fixed asset is recorded and capitalized in the financial statements. The City’s capitalization threshold is set at $5,000.
b. Estimated Useful Life – The period over which the original or capitalized cost of an asset is to be allocated and recorded as an expense. The useful life is determined by Internal Revenue Service guidelines: https://www.irs.gov/pub/irs-pdf/p946.pdf. c. Fixed Asset – Real or personal property with a purchase price equal to or greater than the capitalization threshold and a useful life of two (2) years or longer. d. Inventoriable Asset – Any tangible or intangible asset which is not required to be capitalized but where care must be taken to ensure that adequate control is maintained to protect against the risk of theft, ensure legal and regulatory compliance, protect public safety, and protect against potential risk of liability.

4. Acquisition of Fixed Assets
a. Procurement – Refer to the City’s Purchasing Policy. b. Recording and Capitalization – Fixed assets meeting the capitalization threshold shall be recorded in the financial records and capitalized in accordance with applicable accounting standards related to all boards.
c. Asset Identification – Each fixed asset shall be assigned a unique identifier and affixed with an asset tag (where feasible) for tracking and identification purposes. 33 Section 8, ItemC.

d. Documentation – Proper documentation, including, but not limited to, asset register, invoices, contracts, and warranty information, shall be maintained for all fixed asset acquisitions consistent with the City’s Records Retention Policy.

5. Asset Tracking and Management
a. Asset Register – Maintain an accurate and up-to-date asset register that includes relevant information such as asset description, location, acquisition date, cost, depreciation method, and responsible department.
b. Physical Verification – Conduct annual physical inventory verifications to reconcile all assets listed on the register with their physical existence. c. Maintenance and Repairs – Department Heads shall establish maintenance procedures to ensure upkeep and maintenance of fixed assets under their control. d. Disposal – Refer to the City’s Surplus Property Policy.

6. Depreciation
The City has adopted and utilizes the straight-line method for depreciation, based on the asset's estimated useful life and accounting standards. The City’s Finance Director shall maintain accurate depreciation records to ensure compliance with applicable accounting principles and standards, and applicable regulatory requirements. 34 Section 8, ItemC.

City of Fowler
Surplus Property Policy
Approved by Resolution 2690
December 19, 2023

1. Purpose
The purpose of this Surplus Property Policy is to establish guidelines and procedures for the disposal of surplus personal property owned by the City of Fowler. This Policy is intended to govern the proper and timely disposal of outdated, aged and nonfunctional equipment and personal property, ensure transparency and full use of city resources through their useful life, and ensure the City’s fixed assets are disposed and accounted for in accordance with the state and federal regulations, audit requirements, and accounting principles applicable to the City government.

2. Code References and Authority
a. The City Manager or their designee shall serve as the Purchasing Officer (FMC 2- 519).
b. In accordance with this Policy, the City Manager (or designee) has the authority to declare as surplus and dispose of property with an estimated current market value not exceeding $10,000 per unit.

3. Definitions and Responsibilities
a. The Purchasing Officer shall be responsible for managing City owned personal property.
b. The Purchasing Officer may promulgate the processes and forms consistent with this Policy as necessary to implement this Policy.
c. Property – Any item purchased by or donated to the City with a unit price of $500 or more at the time of purchase.
d. Real Estate – This Policy shall not govern or apply to the surplus declaration or disposal of real property owned by the City, which is governed by the State of California Surplus Lands Act.
e. Surplus – Property that is no longer needed, has reached the end of its useful life, or if replacement or upgrade is necessary, and has been declared surplus consistent with this Policy.
f. Dispose – After an item of Property has been declared surplus, it may be disposed of consistent with this Policy.
g. Firearms – This Policy shall not govern or apply to the disposal of surplus firearms (former service weapon) in accordance with Penal Code section 27610 and a written agreement between the City and a current Fowler Police Officer. 35 Section 8, ItemC.

4. Process for Declaring Property as Surplus
a. Department Head shall provide written notification to the Purchasing Officer recommending that an item of Property be declared surplus. b. The Purchasing Officer shall attempt to ascertain the purchase date and purchase price of the Property.
c. The Purchasing Officer shall then determine an estimated current market value. d. The City Manager may then declare the Property surplus and eligible for disposal consistent with this Policy.

5. Disposal Methods
The City Manager shall use the following methods for disposal of Surplus Property:
a. Competitive Bidding – Obtain at least three sealed bids from interested parties after written notice has been provided or published as deemed reasonable by the City Manager.
b. Auction – Utilize an online auction service and post Surplus Property for at least ten (10) days.
c. Donation – Donation to a 501(c) nonprofit organization operating in Fowler, or that serves the residents of Fowler.
d. Trash or Recycling – Property that was unsuccessful in bidding or auction, or Property that is de minimis in value may be placed in the trash or recycling, or otherwise discarded in accordance with applicable law.
e. The City Manager shall use good judgement and care in ensuring that the disposal method obtains the best net return on Surplus Property to the City while minimizing the cost to implement.
f. Employees – Surplus Property may be made available to and purchased by any employee only after the Property has been made available to the public in accordance with Section 5, subsections (a) or (b) above and not sold, or not otherwise disposed pursuant to Section 5, subsections (c) or (d) above. Any sale or disposal of Surplus Property to a City of Fowler employee must occur at an auction open to the public after which public notice has been posted in the same manner as City Council meeting agendas are posted outside the City Council chambers.

Separate payment for the Property item must be made at the time possession of the Property item is transferred to the buyer, and no arrangement for future deduction from City compensation shall be authorized.

6. Recordkeeping & Reporting
a. The Purchasing Officer shall maintain an accurate record of all Property declared surplus and its disposal. This shall be maintained consistent with the City’s Records Retention Policy.
b. The Purchasing Officer shall prepare a biannual report to the City Council on the disposal of all Surplus Property.
36 Section 8, ItemC.

Rev101623

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2691 authorize the City Manager to Submit an Application to the Fresno Council of Governments for REAP 2.0 Grant Funds

EXECUTIVE SUMMARY
This action authorizes the City Manager to submit an application for REAP 2.0 Grant Funds and execute any agreements necessary for the use of funds. Funds would be used to make capital improvements to serve the parcels located near 8th, 10th, and Tuolumne Streets to facilitate future housing developments.

BACKGROUND
Assembly Bill 140 established the Regional Early Action Planning (REAP 2.0) program in 2021 which designated $600 million in funding for projects that further State housing goals. This year Fresno Council of Governments (Fresno COG) are set to receive $13 million in funding from the Department of Housing and Community Development (HCD) as part of this program. These funds will be distributed to member agencies for projects that construct capital improvements to promote infill development, affordable housing, and housing near high-quality transit.

Staff intends to submit an application to make capital improvements to serve the parcels located near 8th,10th, and Tuolumne Streets, which are identified in the draft 6th Cycle Housing Element as a potential site for lower-income housing development. Staff will evaluate the necessary improvements but anticipate paving 10th Street and installing curb and gutter, among other capital improvements, around the block. The grant funds requested will help prepare the site for development, meeting grant goals for infill affordable housing development near transit.

Additionally, the proposed project would work towards 6th Cycle Housing Element goals and progress towards the Regional Housing Needs Allocation (RHNA).

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
37 Section 8, ItemD.

Rev101623

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

GENERAL PLAN CONSISTENCY
The proposed project is consistent with goals outlined in the 6th Cycle Housing Element update, which is currently in the drafting and adoption process. The project would further facilitate housing development on a site identified in the sites inventory and contribute to progress towards the Regional Housing Needs Allocation.

FISCAL IMPACT
Every item must have a fiscal impact section. N/A is not acceptable.

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

Attachments
- Resolution No. 2691
38 Section 8, ItemD.

RESOLUTION NO. 2691

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

COUNTY OF FRESNO, STATE OF CALIFORNIA

AUTHORIZING APPLICATION FOR AND RECEIPT OF REGIONAL EARLY ACTION PLANNING (REAP) 2.0 GRANT PROGRAM FUNDS
WHEREAS, the California Department of Housing and Community Development (“Department”) has provided funding under the Local Government Planning Support Grants Program (LGPSGP) to the Fresno Council of Governments (Fresno COG) as authorized by law; and
WHEREAS, the Local Government Planning Support Grants Program funds provided to Fresno COG are now available to cities in Fresno County under the Regional Early Action Planning (REAP) 2.0 Grant Program; and
WHEREAS, the City wishes to apply for eligible REAP 2.0 grant funds to be used as authorized by applicable law.

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

1. The City Manager is hereby authorized and directed to complete and submit an application and any necessary supporting materials and information needed to request REAP 2.0 grant funds.

2. The City, under the direction of the City Manager, is hereby authorized to use all such REAP 2.0 funds awarded to the City only for eligible activities as authorized by applicable law, regulations, Department guidelines, and REAP 2.0 grant agreement.

3. The City Manager is authorized to enter into, execute, and deliver any agreement and other documents deemed necessary or appropriate to evidence and secure the REAP 2.0 grant allocation and the City of Fowler obligations related thereto.

PASSED, APPROVED AND ADOPTED this 19th day of December 2023, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
39 Section 8, ItemD.

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
40 Section 8, ItemD.
rev101623

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: ANGELA VASQUEZ, City Clerk / Human Resources Officer SUBJECT: APPROVE Resolution No. 2692 approving the updated Employee Benefits Handbook.

EXECUTIVE SUMMARY
This action adopts a new Employee Benefits Handbook, replacing the prior policies which were adopted through Resolution No. 2655

BACKGROUND
The City Council approved the City’s Employee Benefits Handbook on July 18, 2023. The Benefits Handbook needs to be updated to address changes in the law and to include the following information:
 Add Section 17: Uniforms & Equipment.
 Add Section 18: Water Division On-Call Stipend.
 Add Section 19: One-Time Cash-Out provision.
 Provide additional sick leave hours for part-time employees in accordance with Senate Bill 616.

The City has also made grammatical changes to the Employee Handbook.

Senate Bill 616
Effective January 1, 2024, Senate Bill 616 amends the Healthy Workplaces, Health Families Act of 2014 (Labor Code section 245 et. seq.) to now require that eligible employees receive five days, or forty (40) hours of paid sick leave in every twelve (12) month period. This is an increase from the City’s current policy which provides each part time employee with twenty-four (24) hours of sick leave on July 1st of each year.

Due to the changes in the law, effective January 1, 2024, each part time employee will receive two extra days accounting for sixteen (16) hours of sick leave. Thereafter, the City will provide each part time employee with forty (40) hours of sick leave on July 1st every year.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
41 Section 8, ItemE.
rev101623

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 specific General Plan Goal, Policy, or Action Item. However, this action is consistent with the General Plan’s Community Vision and Supporting Principles.

FISCAL IMPACT
Uniforms, equipment, on-call pay, and call-back pay will be absorbed in the Fiscal year 2023/24 adopted budget. The cash out provision will reduce the City’s long-term liability.

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

Attachments
- Resolution No. 2692
- Employee Benefits Handbook
42 Section 8, ItemE.

RESOLUTION NO. 2692

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

APPROVING UPDATED EMPLOYEE BENEFITS HANDBOOK
WHEREAS, the City Council, on July 18, 2023, by approval of Resolution No. 2655, 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 the 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. 2655 and be effective beginning on January 1, 2024.

PASSED, APPROVED AND ADPOTED on December 19, 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
43 Section 8, ItemE.

CITY OF FOWLER

EMPLOYEE BENEFITS HANDBOOK
44 Section 8, ItemE.

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................................................................................................................8 SECTION 5. MILITARY LEAVE. ........................................................................................................................9 SECTION 6. JURY SERVICE. ..........................................................................................................................10 SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT..............11 SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY. ..........13 SECTION 9. VACATION. ...............................................................................................................................14 SECTION 10. HOLIDAYS ...............................................................................................................................15 SECTION 11. OVERTIME. .............................................................................................................................17 SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES......................................................18 SECTION 13. SALARY STEPS AND EVALUATIONS.........................................................................................19 SECTION 14. HEALTH BENEFITS...................................................................................................................20 SECTION 15. AUTOMOBILE ALLOWANCE....................................................................................................21 SECTION 16. RETIREMENT AND RETIREES. .................................................................................................22 SECTION 17. UNIFORMS & EQUIPMENT…………………………………………………………………………………………….23 SECTION 18. WATER DIVISION ON-CALL STIPEND ……………………….…………………………………………………….24 SECTION 19. ONE-TIME CASH-OUT…………………………………………………………………………………………………….25 45 Section 8, ItemE.

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 “atwill” 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 these positions 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. 46 Section 8, ItemE.

(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 only be rescinded by no later than the effective date of the resignation and 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. 47 Section 8, ItemE.

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.
48 Section 8, ItemE.

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. On January 1, 2024, part-time employees shall receive a one-time allocation of sick leave in the amount of sixteen (16) hours.

Part-time employees shall accumulate twenty-four forty (2440) 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.
49 Section 8, ItemE.

(i) Pregnancy Related Disability Leave or Transfer.
(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. 50 Section 8, ItemE.

SECTION 4. BEREAVEMENT LEAVE.
(a) Usage. The Personnel Officer may grant up to 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.
51 Section 8, ItemE.

SECTION 5. MILITARY LEAVE.

Military Leave for City employees shall be granted in accordance with State and Federal law. 52 Section 8, ItemE.

SECTION 6. JURY SERVICE.
(a) Schedule. 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 scheduled 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 the employee’s hours of work, the employees does 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.
53 Section 8, ItemE.

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. 54 Section 8, ItemE.

(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. 55 Section 8, ItemE.

SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY.

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. 56 Section 8, ItemE.

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. 57 Section 8, ItemE.

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. 58 Section 8, ItemE.

(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.
59 Section 8, ItemE.

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 sixty (160) hours as of December 31 of each year, the employee shall be paid in cash for all hours in excess of one hundred sixty (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. 60 Section 8, ItemE.

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.
(2) Temporary FLSA exempt employees. FLSA exempt employees hired on a temporary basis, shall earn prorated administrative leave monthly in arrears.
(3) New Employees. Employees eligible to receive Administrative Leave shall be granted such leave on a pro-rated allocation based on 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.
(4) Payment. Administrative Leave is not eligible for any “buyback” provisions and shall not be paid upon separation from City service. (5) Usage. Employees may request use of Administrative Leave consistent with Section 9 of this Resolution.
61 Section 8, ItemE.

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.
i. A new Department Head may only be placed above Step A with City Council approval authorization.
ii. 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 hire 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 hire 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.
62 Section 8, ItemE.

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, 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”). 63 Section 8, ItemE.

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.
64 Section 8, ItemE.

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.
65 Section 8, ItemE.

SECTION 17. UNIFORMS & EQUIPMENT.
(a) Police Department Personnel Stipend.
(1) Eligible Classification. Officer, Corporal, Sergeant, Lieutenant, Community Service Officer, Crime Analyst, Records and Property Technician I/II, and volunteer. (2) Implementation. The Personnel Officer shall implement procedures for an annual employee shoe stipend or reimbursement program in an amount as authorized in the annual budget.
(b) Fire Department Personnel Stipend. Reserved.
(c) Safety Shoe Stipend.
(1) Eligible Classifications. Building Inspector I/II, Building Official, Code Enforcement Officer I/II, Planning & Code Enforcement Technician I, Maintenance Assistant, Maintenance Worker, Senior Maintenance Worker, Lead Maintenance Worker, Public Works Director, Public Works Supervisor, Water Operator in Training, Water Operator I/II, Lead Water Operator.
(2) Implementation. The Personnel Officer shall implement procedures for an annual employee shoe stipend or reimbursement program as authorized in the annual budget. 66 Section 8, ItemE.

SECTION 18. WATER DIVISION ON-CALL STIPEND.
(a) Intent. Public Works Water Division Personnel are often needed in a 24/7 capacity to serve the residents of Fowler and ensure basic services are provided for sanitation and life safety.
(b) Eligibility. The following classifications are eligible to participate in this program: Water Operator I/ II, Lead Water Operator, and Public Works Supervisor. (c) Implementation.
(1) On-Call Shift Schedule. The on-call shift begins Tuesday at 3:30 PM and ends the following Tuesday at 7:00 AM.
(2) Non-Exempt Employee Stipend. Eligible employees designated by the Department Head as “on-call” shall be eligible for an on-call stipend as follows:

Weekdays - $25.00 per weekday (Monday through Friday)
Weekends - $40.00 per weekend day (Saturday and Sunday) Holidays - Double the above daily rate for holidays designated in Section 10 of this Handbook.
(3) Exempt Employee Stipend. Eligible employees designated by the Department Head as “on-call” shall be eligible for an on-call stipend as follows:

Weekdays - $35.00 per weekday (Monday through Friday)
Weekends - $65.00 per weekend day (Saturday and Sunday) Holidays - Double the above daily rate for holidays designated in Section 10 of this Handbook.
(4) Call-Back. In the event a non-exempt on-call employee responds to a call, the employee shall be compensated in accordance with Section 11 of this Handbook. (5) Implementation. The Personnel Officer shall implement procedures for implementation of this section.
67 Section 8, ItemE.

SECTION 19. ONE-TIME CASH-OUT.

An employee may request, in writing, a one-time cash-out of up to twenty-four (24) hours of any combination of CTO or vacation leave to be paid during the payroll software transition in the first quarter of 2024. The Personnel Officer shall implement procedures for implementation of this section.
68 Section 8, ItemE.
rev101623

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: ANGELA VASQUEZ, City Clerk / Human Resources Officer SUBJECT: APPROVE Resolution No. 2693 setting the regular City Council meeting schedule for calendar year 2024

EXECUTIVE SUMMARY
Approval of Resolution No. 2693 will set the regular City Council meeting schedule for calendar year 2024.

BACKGROUND
Consistent with Ordinance 2023-03 adopted on March 21, 2023, this resolution sets the regular City Council meeting schedule for calendar year 2024 beginning with the January 2, 2024 meeting.

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 specific General Plan Goal, Policy, or Action Item. However, this action is consistent with the General Plan’s Community Vision and Supporting Principles.

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

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

Attachments
- Resolution No. 2693 and Exhibit A
69 Section 8, ItemF.

RESOLUTION NO. 2693

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

SETTING A SCHEDULE FOR REGULAR CITY COUNCIL MEETINGS FOR CALENDAR YEAR 2024
WHEREAS, consistent with Ordinance 2023-03 adopted on March 21, 2023; and WHEREAS, annually, by Council Resolution, the Council shall set a schedule of regular meetings of the Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the schedule for regular City Council meetings for calendar year 2024 beginning on January 2, 2024, are set and approved as provided in Exhibit A attached to this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of December 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
70 Section 8, ItemF.

EXHIBIT A
Date Time
Tuesday, January 2, 2024 6:00 p.m.

Tuesday, January 16, 2024 6:00 p.m.

Tuesday, February 6, 2024 6:00 p.m.

Tuesday, February 20, 2024 6:00 p.m.

Tuesday, March 5, 2024 6:00 p.m.

Tuesday, March 19, 2024 6:00 p.m.

Tuesday, April 2, 2024 6:00 p.m.

Tuesday, April 16, 2024 6:00 p.m.

Tuesday, May 7, 2024 6:00 p.m.

Tuesday, May 21, 2024 6:00 p.m.

Tuesday, June 4, 2024 6:00 p.m.

Tuesday, June 18, 2024 6:00 p.m.

Tuesday, July 2, 2024 6:00 p.m.

Tuesday, July 16, 2024 6:00 p.m.

Tuesday, August 6, 2024 6:00 p.m.

Tuesday, August 20, 2024 6:00 p.m.

Tuesday, September 3, 2024 6:00 p.m.

Tuesday, September 17, 2024 6:00 p.m.

Tuesday, October 1, 2024 6:00 p.m.

Tuesday, October 15, 2024 6:00 p.m.

Tuesday, November 5, 2024 6:00 p.m.

Tuesday, November 19, 2024 6:00 p.m.

Tuesday, December 3, 2024 6:00 p.m.

Tuesday, December 17, 2024 6:00 p.m.
2024 Regular Meeting Schedule
City Council of the City of Fowler
71 Section 8, ItemF.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT:

APPROVE Resolution No. 2694 adopting a Facility Reservation Policy and amending the Master Fee Schedule to codify fees related to parks and facilities reservations.

EXECUTIVE SUMMARY
This action adopts a new Facility Reservation Policy, replacing the prior policy adopted in 1997.

It also codifies and clarifies fees related to these reservations.

BACKGROUND
The City Council approved a Park Facility Reservation Policy on October 7, 1997. This policy needs to be updated for clarity and to meet current risk management requirements.

The updated Policy applies the provisions of the Fowler Municipal Code to implement a Park and Facility Reservation Permit process. The Policy defines the permitting process, sets indemnification, hold harmless, and insurance requirements. The Policy identifies the necessary conditions and prior approvals required in order to issue a Permit.

PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on November 24, 2023, which is at least ten (10) days prior to the public hearing.

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

GENERAL PLAN CONSISTENCY
Goal OS-2
Open space areas enhance community livability, provide opportunities for improved public health, and are equitably distributed throughout the City. 72 Section 8, ItemG.

Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.

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

FISCAL IMPACT
There is no immediate fiscal impact with adoption of this policy.

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

Attachments
- Resolution No. 2694
- Exhibit A – Facility Reservation Policy
- Exhibit B – Master Fee Schedule
73 Section 8, ItemG.

RESOLUTION NO. 2694

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

A FACILITY RESERVATION POLICY FOR THE CITY OF FOWLER
WHEREAS, Section 10-1.07 of the Fowler Municipal Code authorizes the City Council to adopt a facility reservation policy, by resolution, to supplement that ordinance; and WHEREAS, the City’s most recent facility reservation policy was created via Resolution No. 1689 back in 1997; and
WHEREAS, the City Council now desires to update said facility reservation policy; and WHEREAS, the updated Facility Reservation Policy is attached hereto as Exhibit A, and incorporated by this reference herein; and
WHEREAS, the rates set forth in Exhibit B reflect the reasonable cost for providing the services listed and to recover the City’s costs, and is hereby incorporated by this reference herein; and
WHEREAS, it is in the best interest of the City in order to provide clean and well maintained public facilities to the community, that the City Council adopt these fees.

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

1. Resolution No. 1689 creating the Park Facility Reservation Policy, approved by the City Council on October 7, 1997, is hereby repealed in its entirety.

2. The Facility Reservation Policy as shown in Exhibit A is hereby adopted and effective immediately.

3. The update to the City’s Master Fee Schedule as shown in Exhibit B is hereby adopted and effective immediately.
74 Section 8, ItemG.

PASSED, APPROVED AND ADOPTED this 19th day of December 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
75 Section 8, ItemG.

City of Fowler
Facility Reservation Policy
Approved by Resolution No. 2694
December 5, 2023

1. Relevant Code References.

Chapter 1 of Title 10 of the Fowler Municipal Code: “City Parks and Recreation.”

2. Issuance of Park and Facility Reservation Permit.

The City Manager shall implement procedures for the application for and issuance of a Park and Facility Reservation Permit (hereinafter “Permit”). Complete applications should be submitted at least thirty (30) days prior to the event date. Complete applications subject to Conditions of Use or prior approval should be submitted at least sixty (60) days prior to the event date. Applications submitted after these recommended dates shall be considered only where feasible.

3. Eligible Parks and Facilities.

The City Manager or designee shall establish which City parks and facilities may be reserved for exclusive use and under what conditions.

4. Indemnification and Hold Harmless.

Prior to the issuance of a Permit, the applicant shall provide the City with an Indemnification and Hold Harmless statement in a format as approved by the City Attorney and the City’s Risk Management Authority.

5. Liability Insurance.

Liability insurance consistent with the requirements of the City’s Risk Management Authority shall be provided by the Permit applicant. The City Manager shall implement procedures for verifying this coverage and procedures for limited exemptions where there is a bona fide public benefit to requiring less than full coverage.

6. Conditions for Use.

The City Manager or designee may impose reasonable conditions with respect to the time, place, manner, frequency, duration and maximum number of persons who may attend any event to be held at any City park or facility where a Permit was issued. Such conditions may include, but are not limited to:
a. A written event site plan and operational plan.
b. Attendee and event-related vehicle parking.
76 Section 8, ItemG.

c. Vehicular and pedestrian traffic control and wayfinding. d. Accessible parking and accessible paths of travel.
e. Barricades or other means to protect any vegetation or areas unrelated to the Permit. f. Provision of public safety and first aid personnel.
g. Provision of trash and restroom facilities.
h. Submission of the facility cleanup and restoration plan and schedule. i. Any other mitigation deemed necessary to reduce risk, to ensure the park or facility is still available for public use, and to prevent damage to public or private property.

7. Prior Approval Required.

Should an applicant need any of the following for their event, prior approval shall be required, and additional permit or inspection fees may apply:
a. Use of electrical power from City facilities or private generators. b. Verification that private generators meet the requirements of the San Joaquin Valley Air Pollution Control District is required.
c. The hiring of food vendors for an event requires verification that the food vendors meet the health and safety requirements of the City and the Fresno County Department of Public Health.
d. The hiring of any other vendors for an event requires verification that such vendors have a valid City of Fowler Business License.
e. Use of amplified sound.
f. Affixing any type of decoration or equipment to City facilities g. The installation or construction of any stage or tent larger than 120 square feet.

8. Prohibitions.
a. An applicant and their guests shall comply with the rules and regulations set forth in Fowler Municipal Code section 10-1.05.
b. An applicant and their guests are prohibited from hammering stakes into any turf or any other landscaped area.
c. An applicant and their guests shall not charge a fee for entry into any City park or facility.

9. Revocation.

Permits may be revoked by the City Manager or designee under the following conditions:
a. Non-compliance with the Fowler Municipal Code, this Policy, or any condition imposed upon the Permit issued pursuant to this Policy. The City shall provide written notice and a reasonable opportunity to cure the violation prior to revocation of a Permit. b. Where an emergency exists or where there is an imminent threat to the public health, safety or welfare the Permit may be immediately revoked. 77 Section 8, ItemG.

Description Rate Reso Date
Park Reservation - Resident - 49 of fewer people $15.00 1689 10/7/1997 Park Reservation - Resident - 50 or more people $25.00 1689 10/7/1997 Park Reservation - Non-Resident - 49 of fewer people $30.00 1689 10/7/1997 Park Reservation - Non-Resident - 50 or more people $60.00 1689 10/7/1997 Park & Facility Reservation - Panzak Park Picnic Shelter (full, resident) $30.00 2694 12/5/2023 Park & Facility Reservation - Panzak Park Picnic Shelter (half, resident) $15.00 2694 12/5/2023 Park & Facility Reservation - Panzak Park Picnic Shelter (full, non-resident) $30.00 2694 12/5/2023 Park & Facility Reservation - Panzak Park Picnic Shelter (half, non-resident) $25.00 2694 12/5/2023 Park & Facility Reservation - Council Chamber * $0.00 2694 12/5/2023 Park & Facility Reservation - Senior Center * $0.00 2694 12/5/2023 Park & Facility Reservation - Panzak Park Stage & Seating Area * $0.00 2694 12/5/2023 Park & Facility Reservation - Panzak Park (entire) * $0.00 2694 12/5/2023 Park & Facility Reservation - Donny Wright Park (entire) * $0.00 2694 12/5/2023 Green Bold Indicates Additions
Red Strikethrough Indicates Deletions

CITY OF FOWLER
Master Fee Schedule
* * Parks and Recreation * *
Events
* Only allowed for 501(c) or other nonprofit organizations that serve the residents of Fowler.

PW - Events 1/1 78
Section 8, ItemG.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE a Second Amendment to the Professional Services Agreement for on-call civil engineering services with Provost & Pritchard Consulting Group in the amount of $100,000.

EXECUTIVE SUMMARY
This action provides for necessary on-call civil engineering services necessary for day-to-day operations.

BACKGROUND
On January 18, 2023, the City Council approved a Professional Services Agreement for on-call civil engineering services in the amount of $120,000 per year. A First Amendment in the amount of fifty thousand dollars ($50,000) was approved by City Council on May 2, 2023 for project management services for the 1,2,3-Tricholopropane Treatment at the City of Fowler Well 7 engineering design project, and the Well 9 engineering design project. This Second Amendment shall add an additional one hundred thousand dollars for on-call civil engineering services ($100,000) for a total contract amount of two hundred seventy thousand dollars ($270,000).

On-call civil engineering services necessary for day-to-day operations of public infrastructure, management of certain public works projects, engagement in grant funded projects and grant applications, as well as fee-based tasks including encroachment permits, site plan reviews, and civil infrastructure plan check and inspections. Fowler’s monthly civil engineering costs are consistent with, or lower than, peer cities.

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. 79 Section 8, ItemI.

GENERAL PLAN CONSISTENCY
The City Engineer plays a critical role in the implementation of the entire General Plan including its goals, policies, and action items.

FISCAL IMPACT
Expenses for on-call civil engineering services are included in the fiscal year 2023/24 adopted budget. A mid-year adjustment will be brought forward to account for these expenses.

Additionally, many of these costs are offset by developer fees for services, permit fees, and grant reimbursements.

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

Attachments
- Agreement
- Second Amendment
80 Section 8, ItemI.
81 Section 8, ItemI.
82 Section 8, ItemI.
83 Section 8, ItemI.
84 Section 8, ItemI.
85 Section 8, ItemI.
86 Section 8, ItemI.
87 Section 8, ItemI.

SECOND AMENDMENT TO THE JANUARY 18, 2023 PROFESSIONAL SERVICES

AGREEMENT FOR ON-CALL CIVIL ENGINERRING SERVICES BETWEEN THE CITY OF

FOWLER AND PROVOST & PRITCHARD CONSULTING GROUP
A. The City of Fowler (“City”) desires modifications to the services beyond the scope of the Professional Services Agreement for on-call civil engineering services dated January 18, 2023 (“Agreement”).

B. The total amount to be paid by the City to Provost & Pritchard Consulting Group as stated in Section 4 of the Agreement is One Hundred Twenty Thousand Dollars ($120,000) per fiscal year for oncall civil engineering services. A First Amendment in the amount of fifty thousand dollars ($50,000) was approved by City Council on May 2, 2023 for project management services for the 1,2,3-Tricholopropane Treatment at the City of Fowler Well 7 engineering design project, and the Well 9 engineering design project. This Second Amendment shall add an additional one hundred thousand dollars for on-call civil engineering services ($100,000) for a total contract amount of two hundred seventy thousand dollars ($270,000).

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

IN WITNESS WHEREOF, the Parties have entered into this Second Amendment on December 19, 2023.

PROVOST & PRITCHARD ENGINEERING CITY OF FOWLER
GROUP, INC. DBA PROVOST &

PRITCHARD CONSULTING GROUP
__________________________
Heather Bashian Wilma Tucker
Director of Operations City Manager
Date: Date:
455 West Fir Avenue 128 South 5th Street
Clovis, CA 93611 Fowler, CA 93625
(559) 449-2700 (559) 834-3113
88 Section 8, ItemI.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: MARGARITA MORENO, Finance Director
SUBJECT: ACCEPT a $5,000 donation from Jeffrey Scott Agency on behalf of Measure C for the City’s 2024 Fabulous 4th of July event

EXECUTIVE SUMMARY
This action would accept a $5,000 donation from Jeffrey Scott Agency on behalf of Measure C.

BACKGROUND
Per Resolution 2684, the City Manager has an acceptance authority of up to $50,000 for donations to the City, or can refer them to the City Council for acceptance. If accepted, this $5,000 donation would secure a sponsorship for Measure C for the City’s 2024 Fabulous 4th of July event.

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
Policy ED-12
Support the development of civic amenities, including community entertainment venues, community events, and other opportunities that increase quality of life, visitation, and position Fowler as a center for recreation and entertainment in Fresno County.

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.
89 Section 8, ItemJ.

FISCAL IMPACT
Donation revenue enhances the City’s ability to provide programs and services.

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

Attachments
- None
90 Section 8, ItemJ.

Rev101623

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2695 recommending approval of the naming of the neighborhood park in Tract 6274

EXECUTIVE SUMMARY
Staff request the City Council consider the naming of the neighborhood park within Tract 6274.

The proposed naming of the park is “Kandarian Park”, named after the Kandarian family.

BACKGROUND
On December 7, 2021, the City Council of the City of Fowler adopted Ordinance No. 2021-07 to establish procedures for naming of public facilities. The naming procedures allow for naming facilities after individuals or major historic events that convey a positive public image.

Pursuant to the Fowler Municipal Code, Chapter 5, Title 7, on September 15, 2023, a member of the public filed a request to change the name of the existing neighborhood park that was developed with Tract 6274 (Woodside Homes) to “Kandarian Park”.

Planning Commission considered the proposed name change at their meeting on December 7, 2023 and voted unanimously to recommend approval to the City Council the proposed name of “Kandarian Park”.

The Kandarian Family has been a part of the Fowler community for nearly 90 years when Mary Ann (Kayajanian) Kandarian graduated from Fowler High School in 1936. The Kandarians currently have approximately 400 acres in the Fowler area and two of the ranches have been in the Kandarian family since the 1900s. In 1949, Arthur and Mary Ann Kandarian moved from Fresno and grounded their roots in Fowler. When they moved to Fowler, they purchased their first ranch together; that ranch is adjacent and to the north of the Woodside development. The Kandarians have played an integral role in the growth and community of Fowler. Chic Kandarian served on the Fowler Hospital Board for several years and he worked with other community members to redevelop the Fowler High School football stadium. There are four generations of Kandarians who have attended and graduated from the Fowler Unified School District. 91 Section 8, ItemK.

Rev101623

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 qualify as a “project” under California Environmental Quality Act Guidelines Section 15378. The naming of a park does not have the potential to directly or indirectly cause a change, significant or otherwise, to the environment.

GENERAL PLAN CONSISTENCY
The proposed action is consistent with the following:

General Plan Goal CDES-4
New development is sensitive to Fowler’s historical context, enhances Fowler’s architectural quality, and contributes to its unique identity. Existing scenic, historic, and cultural resources enhance the community.

FISCAL IMPACT
The naming of a new neighborhood park will necessitate a replacement park monument sign.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest. While the City Council appoints Planning Commissioners, and the park is being named after Commissioner Kandarian’s family this is not considered a conflict of interest pursuant to FPPC regulations.

Attachments
- Resolution No. 2695
92 Section 8, ItemK.

RESOLUTION NO. 2695

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

FOWLER, COUNTY OF FRESNO, SATATE OF CALIFORNIA
OFFICIALLY NAMING THE PARK IN TRACT 6274 “KANDARIAN PARK” WHEREAS, a park located in Tract 6274 is currently developed; and WHEREAS, the Planning Commission reviewed and considered the naming of the 0.98 acre park within Tract 6274 the “Kandarian Park” at a public meeting on December 7, 2023; and WHEREAS, the Planning Commission recommended approval to the City Council of the park within Tract 6274 to the “Kandarian Park”; and
WHEREAS, the City Council has independently reviewed and considered the naming of the 0.98 acre park within Tract 6274 the “Kandarian Park” at a public meeting on December 19, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council to approves the naming of the 0.98 acre park within Tract 6274 the “Kandarian Park” PASSED, APPROVED AND ADOPTED this 19th day of December 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
93 Section 8, ItemK.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 19, 2023
FROM: YVONNE HERNANDEZ, Recreation and Senior Center Supervisor SUBJECT: APPROVE 2024 Community Events Calendar

EXECUTIVE SUMMARY
This action approves the 2024 community events calendar and identifies which events are Citysponsored.

BACKGROUND
Staff continue to develop an integrated events management process between Public Works, the Police Department, Senior/Recreation, and City Administration. The calendar of events identifies City-sponsored and community events planned or anticipated during the 2024 calendar year.

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
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.

General Plan Policy ED-12
Support the development of civic amenities, including community entertainment venues, community events, and other opportunities that increase quality of life, visitation, and position Fowler as a center for recreation and entertainment in Fresno County. 94 Section 8, ItemL.

FISCAL IMPACT
All staff costs incurred by the event will be absorbed by each individual department

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

Attachments
- 2024 Community Events Calendar
95 Section 8, ItemL.

Date Activity City Event Facilities Road Closure
March
7‐14, 202
4 California Arbor Week Y TBD TBD
Saturday, March 16, 202
4 Easter Egg Hunt Y Panzak Par
k Merced St bet 2nd
& 3rd
TBD Mayors Breakfast Y TBD NoneSaturday, April 13, 202
4 Spring Fest Y Panzak Park Merced St bet 4th &2nd
Saturday, May 18, 202
4 Pancakes and Pets Y Donny Wright None
Thursday, July 4, 202
4 Fabulous 4th of July Y Fowler High 2nd bet Merced/Tuol.

Wednesday Aug
7‐ Oct 30, 202
4 Wednesday Night at the Par
k Y Panzak Par
k 2nd bet Merced/Tuol.

Saturday, October 5, 2024 Lions Club Fall Fest N Panzak Park 6th fr Merced to Tuol.; Merced
fr 6th to 1st; 3rd fr Tuol. to
Merced; 2nd fr Tuol. toMerced; 1st fr Merced to Main
Saturday, October TBD, 2024 Pharohs Car Club of Fowler N Panzak Park Merced fr 1st to 5th (based on
entries, soft closure at
4th/Merced intersection), 2nd
& 3rd bet Merced/Tuol.

Saturday, October TBD, 2024 Jr High Band Review N Panzak, Sr Center 6th fr Merced to Main; Merced
fr 6th to 2nd; Main fr 3rd to
6th; 3rd fr Tuol. To Fresno; 2nd
fr Tuol. to Main; Walter fr
Fresno to Temperance
TBD Sikh Parade N Donny Wright TBD, west of 99 to DW Par k
Wednesday, October 30, 202
4 Trunk or Treat Y Panzak Par
k Merced from 2nd to 4th
2024 City of Fowler Community Events Calendar
1/2
Date Activity City Event Facilities Road Closure
2024 City of Fowler Community Events Calendar
Wednesday, October 30, 2024 Trunk or Treat Y Panzak Park Merced from 2nd to 4th Monday, Nov 11, 2024 Veterans Day Event Y Veterans Park 1st/Merced triangle Wednesday, December 4, 2024 Christmas on Merced Y Downtown Merced St from 5th/6th Alley
to 7th St; 6th St from Main to
Tuolumne
Saturday, December 14, 2024 Childrens Shopping Day Y TBD TBD 2/2 97
Section 8, ItemL.