Agenda packet — Fowler City Council, February 6, 2024 (part 1 of 2)

CITY COUNCIL MEETING
TUESDAY, FEBRUARY 06, 2024 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/83311573198?pwd=ceMZDO3QzNlJ16eVtstxbI2S37- sdw.QriqRKL3LpUa7r0M
Telephone Number: (253) 215-8782
Meeting ID: 833 1157 3198
Passcode: 721444
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 SERGEANT RICHARD SORONDO

5. PLEDGE OF ALLEGIANCE

6. RULES OF PROCEDURE
A. APPROVE Resolution No. 2698 creating the Rules of Procedure for the City Council of the City of Fowler.

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 February 6, 2024
B. APPROVE Minutes of the January 16, 2024 City Council Meeting C. APPROVE a Second Amendment to the Revised and Restated Disposition and Development Agreement between the City of Fowler and Qawadri LLC for the property located at the northwest corner of South 7th Street and East Vine Street.

D. ACCEPT Credit Card Usage Report and Donation Report for July 1 through December 31, 2023
2 E. APPROVE a three-year professional services agreement with Price Paige & Company in the amount of $117,425 total for audit support services in Fiscal Years 2023-24, 2024-25, and 2025-26
F. APPROVE Resolution No. 2699 creating a Petty Cash Policy and a Cash Handling Policy.

G. DIRECT STAFF to proceed with a design scope of work for the Downtown Streetscape Project to include a “flush street” on Merced Street between 7th and 5th Streets.

H. ADOPT Resolution No. 2703 approving the Final Map for Tract No. 6381, accepting the dedication of the public streets and easements as offered on the Final Map in accordance with the terms of the Conditions of Approval, and approving and authorizing the City Manager to execute the Subdivision Agreement on behalf of the City.

I. APPROVE Resolution No. 2704 authorizing submittal of a grant application to Fresno Council of Governments (COG) for the Measure C Transit Oriented Development (TOD) Funds.

J. APPROVE Resolution No. 2705, adopting a Mitigated Negated Declaration for the City of Fowler Well No. 9 project and approving the Well No. 9 project.

K. APPROVE a $2,000 donation request from Fowler High School Sober Grad Committee for Fiscal Year 2023-24.

L. APPROVE an agreement with Fireworks America in an amount not to exceed $25,750 for Fiscal Year 2023-2024.

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

10. GENERAL ADMINISTRATION
Finance
10A. RECEIVE AND FILE the City of Fowler Cash and Investment Report for the Second Quarter ending December 31, 2023
10B. Actions pertaining to the Fiscal Year 2023-24 mid-year budget report and budget amendments:

ACCEPT the Fiscal Year 2023-24 mid-year budget report.

APPROVE Resolution No. 2706 Fiscal Year 2023-24 budget amendments. 10C. INTRODUCTION of Ordinance No. 2024-01 amending Sections 6-4.701, 6-4.702, 6-

4.703, and 6-4.709 of Article 7, of Chapter 4, of Title 6, and Section 6-4.1109 of 3 Article 11, of Chapter 4, of Title 6 of the Fowler Municipal Code relating to the application of security deposits for water service. (Continued to February 20, 2024)

11. STAFF COMMUNICATIONS

12. COUNCILMEMBER REPORTS AND COMMENTS

13. CLOSED SESSION
Government Code Section 54956.9(d)(2)
Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation
One Potential Case - Bee Sweet's claim for reimbursement for Golden State Blvd. improvements
Government Code Section 54957(a)
Threat to public services or facilities
Consultation with:

Michael S. Reid, Chief of Police
Thomas W. Gaffery IV, Assistant City Manager

14. RECONVENE INTO OPEN SESSION AND REPORT ACTION

15. ADJOURN
Next Ordinance No. 2024-02
Next Resolution No. 2707
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, February 2, 2024.

Angela Vasquez, CPMC
City Clerk
4 CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE Resolution No. 2698 creating the Rules of Procedure for the City Council of the City of Fowler.

EXECUTIVE SUMMARY
There does not currently exist a single document that codifies the procedures and protocols as it relates to the operation of the City Council and its meetings. This action creates such rules.

BACKGROUND
A City Council or other legislative body typically has rules of procedure on logistics during public meetings and other aspects of the body’s operations. Fowler does not currently have such a document. Some procedures are identified in the Council agenda, others in the Fowler Municipal Code, and others are governed by State Law. This document brings together these items and codifies many procedures and processes that have been occurring informally and addresses process and procedure gaps identified by staff.

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.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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

Attachments
- Resolution No. 2698
- Rules of Procedure for the City Council of the City of Fowler 5 Section 6, Item A.

RESOLUTION NO. 2698

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

CREATING THE RULES OF PROCEDURE

FOR THE CITY COUNCIL OF THE CITY OF FOWLER
WHEREAS, having written rules of procedure is typical for a legislative body; and WHEREAS, the City Council of the City of Fowler does not currently have written rules of procedure; and
WHEREAS, having written rules of procedure are essential for efficient and transparent public meetings; and
WHEREAS, there are a number of procedures and protocols as it relates to the operation of the City Council and its meetings that should be codified; and WHEREAS, Staff reviewed model rules from various other legislative bodies; and WHEREAS, these rules should be revisited from time to time to ensure the Council is conducting its business in an efficient and transparent manner; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the Rules of Procedure for the City Council of the City of Fowler are hereby adopted and effective immediately.

PASSED, APPROVED AND ADOPTED this 6th day of February 2024, 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
6 Section 6, Item A.

Page 1 of 8 ends

RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF FOWLER AS ADOPTED BY RESOLUTION NO. 2698 ON FEBRUARY 6, 2024
RULE 1 – EFFECT OF RULES
a. These Rules of Procedure (“Rules”) shall serve as a guide for the conduct of all Fowler City Council meetings, but the failure to strictly follow these Rules shall not invalidate or call into question any decision of the City Council.
b. Unless superseded or prohibited by State Law or the Fowler Municipal Code (“FMC”), these Rules may be suspended by the affirmative vote of a majority of the entire membership of the Council. The suspension shall be in effect only during the City Council meeting or for the specific Council meeting agenda item(s) for which the Rules were approved to be suspended.
c. To the extent a matter is not covered by these Rules, the Presiding Officer at any City Council meeting, in consultation with the City Attorney, may make a determination so long it is not inconsistent with State Law, the FMC, or other statutory provisions that may govern a particular matter.

RULE 2 – COUNCIL AGENDA
a. Development. The City Clerk, in conjunction with the City Manager, has the overall responsibility for the creation of the Council meeting agenda. Each City department shall work with the City Clerk to schedule items to be heard by the Council.

1. Items relevant to, and necessary for, the ongoing governance and administration of the City, as determined by the City Manager, shall be placed on the agenda.

2. The Mayor and City Manager shall meet prior to the release of the final agenda to confirm it reflects necessary business and previous Council direction.

3. The agenda shall be sent to the City Attorney for review and approval as to form before it is posted.
b. Placing items on the Agenda by Councilmembers. During a Council meeting, any Councilmember, including the Mayor and Mayor Pro Tem, may request to have an item added to a future meeting agenda. Such a request is authorized by the Brown Act (Gov.

Code section 54954.2(a)(3)) and must be approved by a majority vote of the total membership of the Council. The only action that may be taken is deciding whether to direct staff to place the item on a future Council meeting agenda. No Councilmember, including the Mayor and Mayor Pro Tem, has authority to individually direct the City Manager or City Clerk to place an item on a Council meeting agenda. c. Invocation. Invocations at City Council meetings may be provided by representatives of any faith group with a presence in the community of Fowler. The City Clerk shall maintain a list of individuals interested in providing Invocations at Council meetings, and those on the list and others so requesting shall be rotated based on availability without giving preference to a particular faith or individual over another. d. Approval of Agenda. After a Council meeting is called to order and roll is called, the City Clerk shall announce any changes to the agenda and provide Councilmembers the opportunity to introduce motions regarding the agenda. If none, then the agenda is deemed approved by unanimous consent without objection and without the need for a vote. 7 Section 6, Item A.

Page 2 of 8 ends

e. Printed Agenda Availability. During Council meetings, paper copies of the Agenda shall be made available to the public at no charge, sufficient to ensure public participation, as consistent with State Law. One copy of the entire printed Agenda packed shall be made available for public inspection at the City Clerk’s Office. Printed copies of the entire agenda packet shall be available for purchase at the rate specified in the City’s Master Fee Schedule.

RULE 3 – WRITTEN MATERIALS
Any writing or document that is a public record and provided to a majority of the Council regarding an open session item on the agenda will be made available for public inspection at City Clerk’s Office in Fowler City Hall, during normal business hours. In addition, such writings and documents may be posted on the City's website, where feasible.

RULE 4 – WAIVING OF READING OF 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.

RULE 5 – VOTING PROCESS
a. Every vote taken by the Council in open session shall be done consistent with State Law. b. Whenever the “yes” and “no” votes are called, a Councilmember shall clearly announce his/her vote. A Councilmember may provide a brief explanation with his/her vote if desired. Abstentions are disfavored unless a conflict of interest is announced. After the announcement of the result, a Councilmember shall not be permitted to vote or to change a vote or an abstention, except as provided in Rule 9.
c. Unless any Councilmember or the City Clerk or City Attorney calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one agenda item and voted on in one motion. If the item with related sub-parts does not receive sufficient votes for approval, at the immediate request of any Councilmember, the Council shall then, without discussion, vote on each sub-part separately.

RULE 6 – PUBLIC COMMENT
a. Members of the public have a fundamental right to present grievances or offer suggestions for the betterment of municipal affairs at any regular meeting of the Council. b. The public has a right at every regular meeting to provide oral testimony in accordance with State Law, subject only to the following:

1. Discussion Items.
i. Each speaker shall limit their remarks on any specific item of business listed on an Agenda to three (3) minutes.
8 Section 6, Item A.

Page 3 of 8 ends

ii. A speaker’s time may not be transferred, reserved, or combined with another speaker’s time.
iii. In situations in which more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the public comment period, including reducing the time allotted to each speaker to two (2) minutes and/or a specific time limit for the total presentation. Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose of this limitation is to ensure the Council can address all the items on the meeting agenda and avoid repetitious presentations.

2. Consent Calendar.
i. 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.
ii. A Councilmember may pull a specific item from the Consent Calendar for separate discussion. The public must be allowed an opportunity to comment on any item on the Consent Calendar before a motion is considered for the Consent Calendar. Councilmembers may also record a “no” vote or abstention as to one or more items on the Consent Calendar in advance of the vote. Council may then approve the Consent Calendar by one motion, and any “no” vote(s) or abstention(s) will be reflected in the meeting minutes for individual items.
iii. Items pulled for separate discussion by Councilmembers will be heard under “Contested Consent.” The Council may hear public comment on Contested Consent items at the time that item is heard. iv. Ordinances which received a unanimous vote of the Councilmembers present at introduction may be placed on the Consent Calendar for final adoption at a subsequent meeting.

3. Staff Updates and Council Comments. These items are brief announcements for informational purposes only and are not considered specific items of business on the agenda for City Council discussion, consideration, or deliberation. Public comment is not required to be allowed, but may be allowed at the discretion of the Presiding Officer as consistent with State Law and these Rules.

4. Nature of Comment. Speakers shall confine their remarks to those which are relevant to the subject under consideration and are encouraged to present new evidence and points of view not previously addressed, to avoid repetition of statements made by previous speakers. This is a time for speakers to make their remarks to the City Council, not ask questions of City staff or engage individual officials on the dais. If speakers do have questions, the speaker should be informed to finish their comments and questions and be seated before any response(s) will be provided. After the speaker has concluded their remarks any Councilmember may respond or ask a staff member to respond, or Council may direct that a staff member meet with the speaker following the speaker’s remarks.

5. Written Comments. Comments may be submitted in writing or via email to the City Clerk. Written comments should include the commentor’s name and reference the agenda item the comments pertain to, if any. Written comments received that do not 9 Section 6, Item A.

Page 4 of 8 ends

specify an agenda item will be marked for the Unscheduled Communications portion of the agenda. Written comment received by 8:00 am on the date of the meeting will be provided to the Council at the meeting and made part of the record of proceedings but will not be read aloud except at the request of a Councilmember.

6. Special Meetings. At any special meeting of the Council, the public has a right to speak on any item listed on the Special Meeting Notice or Agenda within the prescribed time limits. The public does not have the right and shall not be provided an opportunity to address the Council on matters not listed on the Special Meeting Notice or Agenda.

7. Unscheduled Communications.
i. A member of the public may address the Council on any item of interest within the subject matter jurisdiction of the Council, under Unscheduled Communications. Comments shall be limited to three minutes per speaker and no more than 15 minutes per topic. The Presiding Officer may limit the total testimony under this section to ensure the Council can address its agenda and avoid repetitious presentations, as consistent with State Law.

Councilmembers may ask follow-up questions of any speaker and make brief comments at that time, consistent with State Law. ii. Council may not take action on Unscheduled Communications except to place the matter on a future agenda or provide staff direction, if desired.

8. Translation. When simultaneous translation systems are not available, a speaker addressing the Council through a language interpreter shall be granted twice the allotted time for comment to ensure non-English speakers the same opportunity to directly address the Council.

9. Accommodations. Persons addressing the Council who require reasonable accommodations shall be provided time consistent with applicable State and Federal Law.

RULE 7 – ORDER AND DECORUM
a. Expectations of Councilmembers. While the Council is in session, the Councilmembers must preserve order and decorum. A Councilmember shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Councilmember while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. No person shall be permitted to interrupt a speaker who has the floor, except for a Councilmember to raise a question of order. b. Sergeant at Arms. The Chief of Police, or such member(s) of the Police Department as designated, shall be sergeant-at-arms for Council meetings, and shall be in attendance when requested by the Presiding Officer. The sergeant-at-arms shall carry out all lawful orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting.
c. Recognition of Speaker. A Councilmember or other person properly before the Council shall address the Presiding Officer, be recognized by the Presiding Officer before proceeding, and confine remarks to the matter under discussion. 10 Section 6, Item A.

Page 5 of 8 ends

d. Points of Order. If a Councilmember or other person, in speaking or otherwise, transgresses these rules, the Presiding Officer or any Councilmember may raise a Point of Order, consistent with Rule 12.
e. Approaching the Dais. While Council is in session, no person, except authorized City officials and their representatives, may be permitted beyond the podium in the Council Chamber without the express consent of City officials.
f. Expectations of the Public. While the Council is in session, all persons in attendance in person, by teleconference, or by video conference must preserve order and decorum. A person who addresses the Council under public comment for a specific agenda item or under the Unscheduled Communications section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant to the item or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any Council meeting. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet, or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting.
g. Handling Disruptions at City Council Meetings. Disruptions at City Council meetings shall be addressed in accordance with the Brown Act. The Presiding Officer shall ask any person(s) causing the disruption to immediately cease the disruption and warn the person(s) that further disruption(s) may result in an order of removal from the Council Chambers.

RULE 8 – MOTIONS
a. Only Councilmembers may make Motions. Motions and amendments may be verbal. The City Clerk shall record all motions and read them back when requested. Upon request, the City Attorney shall assist in the formation of motions. b. Unless stated otherwise, motions require a simple majority vote of the quorum for approval. c. Unless stated otherwise, motions are subject to debate. d. There are three motions that are most common and are usually subject to debate:

1. The Main Motion. This motion puts forward a substantive decision for Council consideration. Only one main motion may be on the floor at one time.

2. The Motion to Amend. This motion seeks to modify the main motion before the Council. A motion to substitute a motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time, unless the Presiding Officer allows Councilmembers to state two or more motions to amend, which may be accumulated and then voted upon in series in the order made.

All motions to amend shall be resolved prior to voting on the main motion.

3. The Procedural Motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor at one time.

4. Point of Order. See Rule 12.
e. Any motion that does not receive a second shall die, and then another motion may be made. f. The following common procedural motions related to meetings shall be handled as follows:
11 Section 6, Item A.

Page 6 of 8 ends

1. Motion to Adjourn. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting. It is not subject to debate. It is the highest priority motion.

2. Conclusion of Meeting. At the end of a Council meeting, after all listed agenda items have been heard, a motion to adjourn is not required. The Presiding Officer may adjourn the meeting by announcing the adjournment.

3. Motion to Recess. This motion, if passed, requires the Council to immediately recess. The Presiding Officer determines the length of the recess. It is not subject to debate. The Presiding Officer may announce a recess without a motion unless a point of order and appeal is timely raised in accordance with Rule 12. g. The following common procedural motions related to agenda items shall be handled as follows:

1. Motion to Table. This motion, if passed, requires the discussion of the agenda item to be halted and the agenda item placed on hold. A motion will have to be made at a future Council meeting to bring the item back to the Council.

2. Motion to Continue. This motion, if passed, requires the discussion of the agenda item to be halted and the agenda item to be placed on a future Council meeting agenda. If the motion does not contain a specific date for the item to return, it will be placed on a future Agenda by the City Manager consistent with Rule 2(a)(1).

3. Friendly Amendment. A Friendly Amendment is not a motion. It is a request to the maker of the main motion to amend their motion, as suggested. If agreed, and if the Councilmember providing the second also agrees, or another second is offered, then the main motion is replaced with the amended motion. If an offer for a “friendly amendment” is rejected, then a formal motion to amend is still allowed.

RULE 9 –RECONSIDERATIONS
A motion to reconsider any action taken by the Council may be made only during the meeting such action was taken. Such motion may only be made by a Councilmember who registered a vote on the prevailing side of the action to be reconsidered, but may be seconded by any Councilmember, and may be made at any time and have precedence over all other motions or while a Councilmember has the floor. Nothing herein shall be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council so long as the ability to make such motion meets the requirements of applicable laws.

RULE 10 – PUBLIC HEARINGS
a. Public hearings are matters that require a notice by publication or mail and are to be heard on a set date and time.
b. Generally, public hearings shall be conducted in the following order:

1. Hearing Opened by Presiding Officer

2. Presentation by Staff

3. Presentation by Applicant, Proponent, or Appellant

4. Questions by Council

5. Public Comment
12 Section 6, Item A.

Page 7 of 8 ends

6. Rebuttal or Response to Comments by Applicant, Proponent, or Appellant

7. Questions by Council

8. Hearing Closed by Presiding Officer

9. Discussion by Council

10. Action by Council
c. Notwithstanding Rule 6, an Applicant, Proponent, or Appellant shall have sufficient time to provide fair and reasonable testimony and rebuttal in connection with the particular Public Hearing. The Presiding Officer shall be responsible for making this determination. d. No main motions may be made until a hearing is closed for public comment. e. Once the hearing has been closed, no additional public testimony should be taken without a majority vote of the Council to reopen the hearing, even in cases where the item is continued to a future date for Council consideration. However, after the hearing has been closed, the Council may direct questions to City staff, the applicant, or any other person who has testified during the hearing, and receive their answers, which shall be deemed to be part of the record of testimony at the hearing. In the event public testimony is reopened to allow additional information or additional speakers, the Council shall again permit a reasonable time for rebuttal.

RULE 11 – QUASI-JUDICIAL HEARINGS AND INDIVIDUAL CONTACTS a. Fair hearings are required in quasi-judicial matters. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the Council in this regard.
b. Examples of quasi-judicial hearings include, but are not limited to, applications and revocations of entitlements such as variances, site plans, use permits, and appeal of competitive bid awards.
c. Except as set forth herein, Councilmembers should refrain from discussing, reading about, or listening to discussion of the facts of any quasi-judicial matter while such matter is pending before the Council or any agency, board or commission of the City except at such time as that matter comes before the Council at a Noticed Public Hearing. d. Councilmembers should refrain from ex-parte contacts and discussions with any member of the public, including applicant(s), appellants(s), or opponent(s), of the facts of any such matter while such is pending before the Council.
e. Any Councilmember who has ex-parte contacts or has received ex-parte information about the matter other than from City staff or attendance at a public meeting of a commission of the City before the Noticed Public Hearing shall announce such ex-parte contact or information at the start of the hearing. After making such announcement, the Councilmember may participate in the public hearing and any discussion and decision on the matter unless the Councilmember announces that his/her participation will deprive the applicant or the public of a fair hearing on the matter, in which case the Councilmember should recuse themself from the matter and leave the Council Chambers and not participate in the public hearing or any discussion or decision on the matter, except for such participation as a member of the public as otherwise authorized by applicable law. 13 Section 6, Item A.

Page 8 of 8 ends

RULE 12 – POINTS OF ORDER AND APPEAL OF RULINGS MADE BY THE PRESIDING

OFFICER
a. A question of order may be raised at any time during a Council meeting, except during a calling of the roll. Such question shall be decided by the Presiding Officer, without debate, subject to an appeal to the Council.
b. A ruling of the Presiding Officer shall not be subject to debate. However, the ruling may be appealed by any two Councilmembers, one Councilmember making the appeal and another seconding it. The question is then taken from the Presiding Officer and vested in the Council for final decision by majority vote of the entire membership of the Council. c. The City Attorney shall provide guidance in the administration of this Rule.

RULE 13 – SUBCOMMITTEES OF THE COUNCIL
Reserved.

RULE 14 – APPOINTMENT OF COUNCILMEMBERS TO OUTSIDE BOARDS,

COMMISSIONS, COMMITTEES, AND OTHER OFFICIAL BODIES
From time to time, consistent with Rule 2(b), the City Council may appoint Councilmembers to serve on various boards, commissions, committees, joint powers authorities, or other official bodies in which the City maintains a membership. Such appointments shall be for a two-year period unless otherwise approved by the Council or stated in the governing documents of the outside body. An alternate Councilmember may also be appointed, unless otherwise stated in the governing document(s) of the outside body.

RULE 15 – PROCLAMATIONS AND CERTIFICATES
Reserved.

RULE 16 – USE OF CITY LETTERHEAD AND PUBLIC COMMUNICATIONS ON BEHALF

OF THE COUNCIL
Reserved.
14 Section 6, Item A.

CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 42343-42402 January 17 thru January 24 $ 220,962.79 TOTAL ACCOUNTS PAYABLE CHECKS $ 220,962.79

PAYROLL COSTS
Second January Bi-Monthly Payroll January 31, 2024 $ 127,043.17 TOTAL PAYROLL COSTS $ 127,043.17

TOTAL CASH DISBURSEMENTS $ 348,005.96
NOTE:

CITY OF FOWLER

WARRANTS LIST
February 6, 2024
15 Section 8, Item A.

SUPERION PAGE NUMBER: 1
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42343 01/17/24 10007 ALERT-O-LITE, INC 6200 5195 SUPPLIES-ST 0.00 1,217.58 1001 42344 01/17/24 14519 AMAZON CAPITAL SERV 6700 5110 SUPPLIES-SN CTR 0.00 245.65 1001 42344 01/17/24 14519 AMAZON CAPITAL SERV 6700 5110 SUPPLIES-SN CTR 0.00 334.40 1001 42344 01/17/24 14519 AMAZON CAPITAL SERV 6120 5100 OFFICE CHAIRS-PD 0.00 370.50 TOTAL CHECK 0.00 950.55
1001 42345 01/17/24 12285 ATT 6170 5160 AT&T INTER DEC23-PD 0.00 1,391.16 1001 42346 01/17/24 13849 AXON ENTERPRISE INC 6120 5220 PRO LICENSE BUNDLE- 0.00 997.10 1001 42347 01/17/24 14429 CORE & MAIN 6200 5195 SUPPLIES-ST 0.00 236.35 1001 42348 01/17/24 14512 CSG CONSULTANTS 6160 5220 PLAN CHECK SVC-PLN 0.00 378.00 1001 42349 01/17/24 10084 DEPARTMENT OF JUSTI 6120 5220 FINGERPRINT DEC23-P 0.00 187.00 1001 42350 01/17/24 14659 FIRE SAFETY SOLUTIO 6130 5220 INSP/PLAN CHECK 0.00 1,260.00 1001 42351 01/17/24 10113 FOWLER ACE HARDWARE 6120 5121 CABLE CAT-PD 0.00 15.14 1001 42351 01/17/24 10113 FOWLER ACE HARDWARE 6120 5121 LITHIUM BATTERY-PD 0.00 22.69 TOTAL CHECK 0.00 37.83
1001 42352 01/17/24 10488 FOWLER UNIFIED SCHO 6120 5210 FUEL DEC 23-PD 0.00 503.10 1001 42353 01/17/24 10104 FPOA 100 2045 EMP DED 1/15/24 0.00 200.00 1001 42354 01/17/24 13127 HEALTHWISE SERVICES 6120 5310 38 GALLON SHARPS-PD 0.00 286.25 1001 42356 01/17/24 14575 JPRC PLUMBING INC 6700 5185 PLUMBING-SN CTR 0.00 425.00 1001 42357 01/17/24 13634 KAZARIAN, KARNIG 100 3706 REISSUE PAYROLL CK 0.00 148.05 1001 42358 01/17/24 10189 LEAGUE OF CALIFORNI 6020 5250 MEMBER DUES 2024 0.00 4,840.00 1001 42359 01/17/24 13981 LEIST AND ASSOCIATE 6080 5220 INVESTIGATION SVC 0.00 5,746.00 1001 42360 01/17/24 10350 LK DESIGN 6020 5220 WEBSITE MNT OCT-DEC 0.00 450.00 1001 42361 01/17/24 10201 METRO UNIFORM & ACC 6150 5100 UNIF SHIRT ALVAREZ- 0.00 187.27 1001 42362 01/17/24 10203 MID VALLEY PACKAGIN 6150 5100 COPY PAPER-PLN 0.00 51.53 1001 42362 01/17/24 10203 MID VALLEY PACKAGIN 6020 5121 COPY PAPER-ADMIN 0.00 257.45 1001 42362 01/17/24 10203 MID VALLEY PACKAGIN 6120 5100 COPY PAPER-PD 0.00 257.45 TOTAL CHECK 0.00 566.43
1001 42364 01/17/24 10251 R & R AUTO REPAIR S 6120 5205 OIL CHANGE U#80-PD 0.00 89.72 1001 42364 01/17/24 10251 R & R AUTO REPAIR S 6120 5205 OIL CHANGE U#75-PD 0.00 214.72 TOTAL CHECK 0.00 304.44
1001 42367 01/17/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 850.54 16 Section 8, Item A.

SUPERION PAGE NUMBER: 2
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42368 01/17/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-PW 0.00 60.07 1001 42368 01/17/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 67.20 1001 42368 01/17/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-PW 0.00 93.47 TOTAL CHECK 0.00 220.74
1001 42370 01/24/24 14813 24/7 PET VET 6270 5220 ANIMAL CARE-10/25/2 0.00 1,000.00 1001 42371 01/24/24 13597 ADVENTIST HEALTH 6120 5310 ALCOHOL BLOOD TOX-P 0.00 100.00 1001 42371 01/24/24 13597 ADVENTIST HEALTH 6120 5310 ALCOHOL BLOOD TOX-P 0.00 100.00 1001 42371 01/24/24 13597 ADVENTIST HEALTH 6120 5310 DRUG SCREENING-PD 0.00 369.00 TOTAL CHECK 0.00 569.00
1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6160 5110 SUPPLIES-BLDG 0.00 17.11 1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6030 5110 SUPPILIES-FIN 0.00 33.58 1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6020 5110 OFFICE SUPP-ADMIN 0.00 40.68 1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6700 5110 SUPPLIES-SN CTR 0.00 50.37 1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6200 5110 SUPPLIES-PW 0.00 67.16 1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 67.16 1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6150 5110 SUPPLIES-PLN 0.00 83.95 1001 42372 01/24/24 14519 AMAZON CAPITAL SERV 6120 5110 SUPPLIES-PD 0.00 100.74 TOTAL CHECK 0.00 460.75
1001 42375 01/24/24 12654 COMCAST 6170 5160 ETHERNET SVC-PD 0.00 50.91 1001 42376 01/24/24 14905 CREEK MANUFACTURING 6025 5110 EMPLOYEE RECOG-ADMI 0.00 440.10 1001 42377 01/24/24 13826 ECS IMAGING INC 6020 5220 LASERFICHE RNW 2024 0.00 669.60 1001 42377 01/24/24 13826 ECS IMAGING INC 6025 5220 LASERFICHE RNW 2024 0.00 669.60 1001 42377 01/24/24 13826 ECS IMAGING INC 6150 5220 LASERFICHE RNW 2024 0.00 669.60 TOTAL CHECK 0.00 2,008.80
1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 2.59 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 4.97 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.48 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.48 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 7.76 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 9.73 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 12.97 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 12.97 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 12.97 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 43.27 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 45.44 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 47.61 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 48.40 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 48.69 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 52.71 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 183.18 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 203.03 1001 42378 01/24/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 207.35 TOTAL CHECK 0.00 956.60
1001 42379 01/24/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 2.37 17 Section 8, Item A.

SUPERION PAGE NUMBER: 3
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42379 01/24/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 5.40 1001 42379 01/24/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 25.21 1001 42379 01/24/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 44.36 1001 42379 01/24/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 61.66 TOTAL CHECK 0.00 139.00
1001 42380 01/24/24 14252 FOWLER ACE HARDWARE 6700 5121 SUPPLIES-SN CTR 0.00 17.31 1001 42380 01/24/24 14252 FOWLER ACE HARDWARE 6700 5121 SUPPLIES-SN CTR 0.00 28.61 1001 42380 01/24/24 14252 FOWLER ACE HARDWARE 6700 5121 SUPPLIES-SN CTR 0.00 42.18 TOTAL CHECK 0.00 88.10
1001 42381 01/24/24 10124 FRESNO SHERIFF BUS 6120 5270 PRISON PROC OCT-DEC 0.00 1,811.70 1001 42382 01/24/24 12466 FRESNO EOC 6700 5105 LUNCH DEC23-SN CTR 0.00 1,209.19 1001 42384 01/24/24 14749 HOFFMAN SECURITY 6020 5121 SUPPLIES KEYS-ADMIN 0.00 147.50 1001 42386 01/24/24 14970 MADISON LIQUIDATORS 6120 5110 FRONT COUNTER DESK- 0.00 5,056.80 1001 42387 01/24/24 14491 MARGARITA MORENO 6030 5160 CSMFO TRAVEL-MORENO 0.00 1,878.71 1001 42388 01/24/24 10215 NELSON HARDWARE & G 6260 5200 SUPPLIES-PARKS 0.00 42.29 1001 42388 01/24/24 10215 NELSON HARDWARE & G 6200 5190 SUPPLIES-ST 0.00 277.64 TOTAL CHECK 0.00 319.93
1001 42389 01/24/24 10237 P G & E - SACRAMENT 6200 5170 WALTER/FRESNO-JAN24 0.00 15.11 1001 42389 01/24/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5834-JAN24 0.00 60.41 1001 42389 01/24/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5212-JAN24 0.00 126.94 1001 42389 01/24/24 10237 P G & E - SACRAMENT 6200 5170 ADAMS/TEMP-JAN24 0.00 198.72 1001 42389 01/24/24 10237 P G & E - SACRAMENT 6200 5170 SOUTH&SUNNY-JAN24 0.00 208.16 TOTAL CHECK 0.00 609.34
1001 42391 01/24/24 12384 PITNEY BOWES GLOBAL 6020 5180 LEASE 11/28-2/27/24 0.00 340.98 1001 42392 01/24/24 14433 PRICE PAIGE & COMPA 6030 5220 AUDIT 22-23 0.00 2,775.00 1001 42393 01/24/24 14969 RAUL CARRILLO 6030 5160 CSMFO TRAVEL-CARRIL 0.00 1,262.43 1001 42397 01/24/24 11489 SHOP N GO, INC. 6200 5205 CARWASH-PW 0.00 135.00 1001 42397 01/24/24 11489 SHOP N GO, INC. 6120 5205 CARWASH-PD 0.00 720.00 TOTAL CHECK 0.00 855.00
1001 42398 01/24/24 14358 SPARKLETTS 6020 5121 WTR SVC DEC23-ADMIN 0.00 73.22 1001 42398 01/24/24 14358 SPARKLETTS 6120 5121 WTR SVC DEC23-PD 0.00 73.23 TOTAL CHECK 0.00 146.45
1001 42400 01/24/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 6.84 1001 42400 01/24/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 52.66 1001 42400 01/24/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 59.78 1001 42400 01/24/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-PW 0.00 85.02 TOTAL CHECK 0.00 204.30
18 Section 8, Item A.

SUPERION PAGE NUMBER: 4
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42401 01/24/24 14290 XEROX FINANCIAL SER 6170 5180 LEASE-JAN24 0.00 1,515.43 TOTAL CASH ACCOUNT 0.00 45,229.41
TOTAL FUND 0.00 45,229.41
19 Section 8, Item A.

SUPERION PAGE NUMBER: 5
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 201 - DISTRICT SALES TAX

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42402 01/24/24 14722 NATIONAL AUTO FLEET 2010 5720 DODGE DURANGO 24-PD 0.00 55,662.75 TOTAL CASH ACCOUNT 0.00 55,662.75
TOTAL FUND 0.00 55,662.75
20 Section 8, Item A.

SUPERION PAGE NUMBER: 6
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 240 - CMAQ GRANT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42369 01/17/24 13618 TODD COMPANIES 2400 5710 FOWLER AVE SIDE WAL 0.00 102,604.75 TOTAL CASH ACCOUNT 0.00 102,604.75
TOTAL FUND 0.00 102,604.75
21 Section 8, Item A.

SUPERION PAGE NUMBER: 7
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 256 - DWR STATE GRANT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42363 01/17/24 13655 PROVOST & PRITCHARD 2560 5710 WELL #9 GRANT 0.00 9,311.80 TOTAL CASH ACCOUNT 0.00 9,311.80
TOTAL FUND 0.00 9,311.80
22 Section 8, Item A.

SUPERION PAGE NUMBER: 8
DATE: 01/30/2024 CITY OF FOWLER ACCTPA21
TIME: 14:34:38 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42343' and '42402' ACCOUNTING PERIOD: 7/24
FUND - 500 - WATER

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42355 01/17/24 14238 INFOSEND, INC 5000 5621 UB MAIN ST DEC23 0.00 566.08 1001 42365 01/17/24 11195 ROBERT V JENSEN INC 5000 5210 DIESEL FUEL-GENERAT 0.00 2,027.06 1001 42366 01/17/24 14965 SAMANTHA HERNANDEZ 500 2050 UB REFUND 0.00 83.03 1001 42368 01/17/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-PW 0.00 93.46 1001 42373 01/24/24 14968 CANDY GONZALES 500 2050 UB REFUND 0.00 100.00 1001 42374 01/24/24 14967 CAROL BONILLA 500 2050 UB REFUND 0.00 100.00 1001 42377 01/24/24 13826 ECS IMAGING INC 5000 5220 LASERFICHE RNW 2024 0.00 669.60 1001 42383 01/24/24 10759 GLASCO GENERAL ENGI 5000 5200 SVC-WTR MAIN LEAK 0.00 2,400.00 1001 42385 01/24/24 14966 JUAN RAMIREZ 500 2050 UB REFUND 0.00 100.00 1001 42390 01/24/24 14972 PABLO RAMIREZ GARCI 500 2050 UB REFUND 0.00 93.54 1001 42394 01/24/24 14973 RONALD MONIS 500 2050 UB REFUND 0.00 86.48 1001 42395 01/24/24 14971 ROSARIO GARCIA 500 2050 UB REFUND 0.00 93.54 1001 42396 01/24/24 13145 ROSENBALM ROCKERY I 5000 5202 SUPPLIES-WTR 0.00 333.50 1001 42399 01/24/24 14065 THE WATER CONNECTIO 5000 5120 BACKFLOW TEST KIT-P 0.00 1,322.77 1001 42400 01/24/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-PW 0.00 85.02 TOTAL CASH ACCOUNT 0.00 8,154.08
TOTAL FUND 0.00 8,154.08
TOTAL REPORT 0.00 220,962.79
23 Section 8, Item A.

CITY COUNCIL MEETING
TUESDAY, JANUARY 16, 2024 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

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

2. ROLL CALL

PRESENT
Daniel Parra
Juan Mejia
Amarjeet Gill
Leonard Hammer
ABSENT
Karnig Kazarian (arrived at 6:02 p.m.)
City Staff Present: City Manager Tucker, Deputy City Attorney Lear, Assistant City Manager Gaffery, Recreation Supervisor Hernandez, City Planner Marple, Records Technician Molina, Finance Director Moreno, City Engineer Park, Police Chief Reid, Public Works Director Rocha, and City Clerk Vasquez.

6. CEREMONIAL PRESENTATIONS
A. Swearing in of Police Officer Giovanni Alvarado

7. PUBLIC COMMENT
Two members of the public spoke.

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

Voting Yea: Parra, Gill, Hammer

9. CONTESTED CONSENT CALENDAR
No items were pulled from the consent calendar.
24 Section 8, Item B.

10. GENERAL ADMINISTRATION
Planning
A. APPROVE Resolution No. 2700, approving updated fee schedules for Planning Fees and Development Impacts Fees for 2024.

Motion made by Mejia, Seconded by Gill.

Voting Yea: Parra, Hammer, Kazarian
B. PROVIDE STAFF DIRECTION regarding the dedication of certain stormwater retention basins.

Council directed staff to reach out to the property owners of certain stormwater retention basins to finalize the transfer of ownership to the City.

C. PROVIDE STAFF DIRECTION regarding potential economic development incentives related to CUP No. 22-41 (APN 345-180-30).

Council directed staff to move forward with putting together an incentive plan.

Public Works
A. PROVIDE STAFF DIRECTION regarding water tower rehabilitation Council directed staff to move forward with option #2 Faux Tower.

11. STAFF COMMUNICATIONS
Updates were provided by City Manager Tucker, Public Works Director Rocha, City Planner Marple, and Assistant City Manager Gaffery.

One member of the public spoke.

12. COUNCILMEMBER REPORTS AND COMMENTS
An update was provided by Councilmember Hammer.

13. CLOSED SESSION
A. Government Code Section 54956.9(d)(2)
Conference with legal counsel - Anticipated litigation
Significant exposure to litigation
One potential case
B. Government Code Section 54957(a)
Threat to public services or facilities
Consultation with:

Thomas W. Gaffery IV, Assistant City Manager
Eric M. Rocha, Public Works Director
25 Section 8, Item B.

C. Government Code Section 54957
Public Employee Performance Evaluation
Title: City Manager

14. RECONVENE INTO OPEN SESSION AND REPORT ACTION
Meeting reconvened into open session at 8:00 p.m.

No reportable action on any of the three items.

Council requested that the Bee Sweet claim for reimbursement item be included as a Closed Session item at the next City Council meeting.

15. ADJOURN
Having no further business, the meeting adjourned at 8:03 p.m. 26 Section 8, Item B.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: APPROVE a Second Amendment to the Revised and Restated Disposition and Development Agreement between the City of Fowler and Qawadri LLC for the property located at the northwest corner of South 7th Street and East Vine Street.

EXECUTIVE SUMMARY
The City Council approved a Revised and Restated Disposition and Development Agreement (DDA) at its dated March 15, 2022, and amended on March 21, 2023. The developer continues to make progress towards the development of the property, but needs additional time to complete their due diligence and the entitlement process.

BACKGROUND
The City has continued to work with the developer and their consultants on this project. The site poses unique challenges with its railroad adjacency and required setbacks.

All other terms from the previous DDA remain in effect including the City’s right to pursue repossession of the property if developer fails to perform the requirements outlined in the DDA, historic preservation mitigations, and right of first refusal to acquire the property at a fair market value for 50 years.

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

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

GENERAL PLAN CONSISTENCY
Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.
27 Section 8, Item C.

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.

Goal ED-4
Fowler maintains a supportive business climate that helps attract and retain new and existing businesses.

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

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

Attachments
- Second Amendment
- Revised and Restated Disposition and Development Agreement 28 Section 8, Item C.

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

FOWLER AND QAWADRI, LLC
A. Both parties desire modifications to the Revised and Restated Disposition and Development Agreement dated March 15, 2022, and amended on March 21, 2023, in order to provide Qawadri, LLC (“Developer”) with additional time to complete the entitlements required to develop the Property.

B. All references to “the date of this Agreement” or “the Effective Date” in the Revised and Restated Disposition and Development Agreement shall now refer to the date of this Second Amendment, February 6, 2024.

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

IN WITNESS WHEREOF, the parties have entered into this First Amendment as February 6, 2024.

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

CITY OF FOWLER
__________________________ Date: ______________________ Wilma Tucker, City Manager
ATTEST:
_____________________________ Date: ______________________ Angela Vazquez, City Clerk
APPROVED AS TO FORM:
_________________________ Date: ______________________
Scott Cross, City Attorney
29 Section 8, Item C.
30 Section 8, Item C.
31 Section 8, Item C.
32 Section 8, Item C.
33 Section 8, Item C.
34 Section 8, Item C.
35 Section 8, Item C.
36 Section 8, Item C.
37 Section 8, Item C.
38 Section 8, Item C.
39 Section 8, Item C.
40 Section 8, Item C.
41 Section 8, Item C.
42 Section 8, Item C.
43 Section 8, Item C.
44 Section 8, Item C.
45 Section 8, Item C.
46 Section 8, Item C.
47 Section 8, Item C.
48 Section 8, Item C.
49 Section 8, Item C.
50 Section 8, Item C.
51 Section 8, Item C.
52 Section 8, Item C.
53 Section 8, Item C.
54 Section 8, Item C.
55 Section 8, Item C.
56 Section 8, Item C.
57 Section 8, Item C.
58 Section 8, Item C.
59 Section 8, Item C.
60 Section 8, Item C.
61 Section 8, Item C.
62 Section 8, Item C.
63 Section 8, Item C.
64 Section 8, Item C.
65 Section 8, Item C.
66 Section 8, Item C.
67 Section 8, Item C.
68 Section 8, Item C.
69 Section 8, Item C.
70 Section 8, Item C.
71 Section 8, Item C.
72 Section 8, Item C.
73 Section 8, Item C.
74 Section 8, Item C.
75 Section 8, Item C.
76 Section 8, Item C.
77 Section 8, Item C.
78 Section 8, Item C.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: MARGARITA MORENO, Finance Director
SUBJECT: ACCEPT Credit Card Usage Report and Donation Report for July 1 through December 31, 2023

EXECUTIVE SUMMARY
Staff recommend the City Council accept the Credit Card Usage Report and Donation Report for July 1 through December 31, 2023.

BACKGROUND
Council Resolution No. 2363 requires the Finance Director to provide City Council a report on credit card usage with the annual and mid-year financial reports. The attached report provides credit card usage by employee and details the expenses. Credit card expenses are submitted monthly by the responsible employee. All credit card expenses are approved by the Finance Director and reviewed by the City Manager.

The Acceptance of Donations to the City Policy was approved on Resolution No. 2684 by City Council on October 17, 2023. The new policy on Acceptance of Donations to the City requires the Finance Director to create a biannual donation acceptance report. The attached report provides a detailed listing of donations received.

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

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

GENERAL PLAN CONSISTENCY
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
Credit card expenses are posted to the appropriate department or fund’s operating budget.

Whereas, donations help provide additional funds or resources to deliver programs, services, and events to the residents of Fowler.
79 Section 8, Item D.

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

Attachments
- Credit Card Usage Report
- Donations Acceptance Report
80 Section 8, Item D.

City of Fowler
Credit Card Usage July 2023
Stmt Closing 8/3/2023
Card / User Summary Transaction Amount
Home Depot
Public Works Supplies-Parks $572.55
Supplies-Streets $649.77
Total Home Depot $1,222.32
Wells Fargo VISA
Michael Reid Patriotic Design-Cortez Retirement Badge-Police $160.00 Metro Uniform-Alvarado-Police $301.00
Lexmark-Cartridges-FSO-Police $745.32
Metro Uniform-Alvarado-Police $41.06
Amazon-Nat'l Night Out-Police $158.66
Amazon-Thermal Labels-Ribbons-Police $104.12
Walmart-Refreshment-Cortez Ceremony-Police $48.48
Home Depot-6" tables-NNO-Police $130.13 $1,688.77
Angela Vasquez 4 Imprint-Emp Recognition-City Clerk $477.52 Quiznos-RMA CPR Training-Admin $422.08
M & M Screen Printing-Junior Ambassador Vests-Admin $372.57 Pizza Factory-Steering Committee Luncheon-Non-Dept $69.26 $1,341.43 Anthony Aranda Boot Barn-Boots- Prado-Parks $150.00
Boot Barn-Boots-Garcia-Water Division $150.00
Boot Barn-Boots-Aranda-Streets $150.00
Boot Barn-Boots-Armendarez-Parks $150.00
Crown Concrete-Concrete-Streets $1,678.21
Boot Barn-Whisenhunt Gary-Water Division $150.00
Boot Barn-Boots-Cabezas-Water Division $150.00 $2,578.21 Yvonne Hernandez Walmart-Gatorade-4th of July-Recreation $24.86 $24.86 Thomas Gaffery APA California-Regist-Aguilar-Planning $625.00 APA California-Membership-Aguilar-Planning $125.00
CALBO-Job Posting-Planning Code Enforcement-Planning $105.00 ICSC-Membership-Conference-Gaffery-Planning $575.00
ParcelQuest-Rec Documens-Successor Agency $90.00 $1,520.00 Margarita Moreno Fowler Pizza-Senior Lunch-Senior Center $43.17 CSMFO-Membership-Moreno-Finance $125.00
Free Conference - City Meetings - Admin $15.00
MSFT - City Meetings - Admin $8.25 $191.42
Total Wells Fargo VISA $7,344.69
81 Section 8, Item D.

City of Fowler
Credit Card Usage August 2023
Stmt Closing 9/3/2023
Wells Fargo VISA
Michael Reid Entenmann-Rovin Co.-Life Savings Awards-Police $356.11 Fowler Ace Hardware-Shipping-Safelife Defense-Police $22.64 Arco-Fuel LA- Dolley Enterprize ammunition pick up-Police $63.25 Barrett-Badge-Police $160.00 $602.00
Angela Vasquez M & M Screen Printing-Employee Polo's-Admin $178.99 Target-Jr. Ambassador-Tote for vests-Admin $11.15
Pizza Factory-Toole Design-Community Engagement-Non-Dept $72.80 Fowler Ace Hardware- Emp Apprec prizes from Waste Mgmt Sponsor-Admin $85.40 Costco-Emp Apprec prizes from Waste Mgmt Sponsor-Admin $189.55 Fowler Floral & Gift Shop-Emp Apprec prizes from Waste Mgmt Sponsor-Admin $119.27 Fowler Ace Hardware- Emp Apprec prizes from Waste Mgmt Sponsor-Admin $107.60 $764.76 Anthony Aranda Boot Barn-Boots-Whisenhunt, Galen-Parks $150.00 Boot Barn-Boots-Martin-Parks $150.00
Fred Pryor Learning-Excel Training-Aranda-Streets $99.00 Ariat Work-Boots-Correa-Parks $150.00
O'Reilly-Alternator-PW Truck F350-Water Division $136.75 O'Reilly-Alternator-PW Truck F350-Water Division ($11.93) Boot Barn-Boots-Hammond-Streets $150.00
Cross Connection-Whisenhunt, Gary-Water Division $155.00 Cross Connection-Cabezas, Diego-Water Division $215.00
Water Connection Course-Whisenhunt,Gary-Water Division $1,150.00 $2,343.82 Yvonne Hernandez Fresno Fun Jump-Trunk or Treat Deposit-Recreation $293.75 AMart-Waters Jr Ambassador-Recreation $18.38
Walgreens-Photo Emp Qt-Recreation $4.87
AMart-Waters Jr Ambassador-Recreation $16.38
Imprints-Halloween Bag Trunk or Treat-Recreation $1,832.88 $2,166.26 Thomas Gaffery Fugazzi's-Consultants Lunch-Planning $72.33 Fresno County-Recorded Documents-Successor Agency $22.50 $94.83 Margarita Moreno Regist-Chapter Mtg-Hernandez-Finance $20.00 Regist-Chapter Mtg-Moreno-Finance $20.00
Zoom - City Meetings - Admin $2,141.06
Free Conference - City Meetings - Admin $15.00
MSFT - City Meetings - Admin $42.58
MSFT - City Meetings - Admin ($8.25) $2,230.39
Total Wells Fargo VISA $8,202.06
82 Section 8, Item D.

City of Fowler
Credit Card Usage September 2023
Stmt Closing 10/3/2023
Wells Fargo VISA
Michael Reid Walmart-Award Ceremony-Solian/Macias-Police $47.18 HSGI, Comp Tac- Accessories for new Ballistic Vests-Police $710.38 Wilder Tac-Accessories for new Ballistic Vests-Police $1,533.05 SP Patch-Name Patches for Vests-Police $479.20
SP BODNO.COM- Ink for badge/ID Printer-Police $58.98 $2,828.79 Angela Vasquez International Institute of Muncipal Clerks-Annual Dues-City Clerk $185.00 M & M Screen Printing-City Polos-Admin $178.98
Cattlemens-Employee Appreciation Dinner-City Council $2,000.00 Quiznos-Steering Committee Luncheon-Non-Dept $116.88 $2,480.86 Anthony Aranda Cattlemens-Employee Appreciation Dinner-City Council $2,487.83 $2,487.83 Yvonne Hernandez Dollar General-Girls Scouts Visit-Recreation $8.30 AMart-Waters Jr Ambassadors-Recreation $8.19
Dollar General-Drinks/City Council Chamber-City Council $13.24 Walmart-Paint Canvas-Senior Center $23.82
Dollar General-Prizes/Lions Club Bingo-Recreation $70.56 $124.11 Thomas Gaffery Calbo-Job Posting-Planning $105.00
League of Cities-Book-Planning $35.00
League of Cities-Caucus Membership-Gaffery-Planning $75.00 Fresno County-Recorded Documents-Successor Agency $15.00 $230.00 Margarita Moreno Free Conference-City Meetings-Admin $15.00 HUB International Ins-Events Insurance-Admin $2,815.42 $2,830.42 Total Wells Fargo VISA $10,982.01
83 Section 8, Item D.

City of Fowler
Credit Card Usage October 2023
Stmt Closing 11/3/2023
Card / User Summary Transaction Amount
Home Depot
Public Works Supplies-Streets 540.21
Supplies-Streets $824.37
Supplies-Streets $60.07
Supplies-Streets $19.46
Supplies-Streets $210.41
Supplies-Streets $135.33
Supplies-Parks $201.85
Supplies-Streets $113.83
Supplies-Streets $179.13
Supplies-Senior Center $443.11
Total Home Depot $2,727.77
Wells Fargo VISA
Michael Reid Walmart-Swearing in Ceremony-Tobar-Police $34.14 Central Valley Guns-Shotgun Ammo for Academy-Police $52.02 Walmart-Supplies for ceremonies, visitors-Police $276.69 Lexmark-Printer Cartridge for FSO printer-Police $398.83 Walmart-2TB Drive for Search Warrant-Police $69.42
HSGI ComTac-2 Mini MAP V2 accessory for ballistic vest-Police $192.16 Wilder Tac-Police Accessories-Police $383.27 $1,406.53
Angela Vasquez City Clerk Assoc of CA-AV & BM Training-City Clerk $200.00 Target-Greeting Card-Admin $5.08
Costco-Staff Recognition/Appreciation-City Clerk $64.72 Food 4 Less-Staff Recognition/Appreciation-City Clerk $88.23 $358.03 Anthony Aranda American Backflow Prevention- Training-Aranda-Water Division $255.00 The Water Connection-Backflow Testing-Water Division $270.90 O'Reilly-Streets Auto Supplies-F150-Streets $230.96
The Home Depot-Street Supplies-Air Compressor-Streets $388.90 Walmart-Trunk or Treat-Recreation $161.00
Repairall-Phone Repair-Cabeza-Water Division $50.39
Repairall-Phone Repair-Aranda-Water Division $260.34 $1,617.49 Yvonne Hernandez Walmart-Breakfast for paint day Seniors-Senior Center $40.44 Jocy's-Senior Lunch-Senior Center $148.44
Fresno Fun Jump-Trunk or Treat-Recreation $1,006.25 $1,195.13 Thomas Gaffery HostPapa, Inc-Website Hosting-IT $479.88 ParcelQuest-Recorded Documents-Planning $20.00 $499.88
Margarita Moreno CSMFO-Regist-Moreno-Finance $750.00
CSMFO-Regist-Carrillo-Finance $515.00
CSMFO-Hotel-Carrillo-Finance $308.88
CSMFO-Hotel-Moreno-Finance $384.93
CSMFO-Regist-Chapter Mtg-Moreno-Finance $20.00
Free Conference-City Meetings-Admin-Finance $15.00 $1,993.81 Total Wells Fargo VISA $7,070.87
84 Section 8, Item D.

City of Fowler
Credit Card Usage November 2023
Stmt Closing 12/3/2023
Card / User Summary Transaction Amount
Home Depot
Public Works Supplies-Streets $70.70
Supplies-Parks $27.09
Supplies-Streets $168.59
Supplies-Streets $146.96
Supplies-Streets $254.72
Supplies-Streets $186.60
Total Home Depot $854.66
Wells Fargo VISA
Michael Reid SP Patch-Name Patches for Vests-Police $74.00 $74.00 Eric Rocha City Flag-Public Works $213.59 $213.59
Angela Vasquez Hotel Pacific-CAPPELRA Conference-City Clerk $337.73 Hotel Pacific-CAPPELRA Conference-City Clerk $51.10
Hotel Pacific-CAPPELRA Conference-City Clerk $701.01
RCT OSHA-OSHA 7500 Training-Vasquez-City Clerk $275.00
RCT OSHA-OSHA 7500 Training-McAvoy-City Clerk $275.00 $1,639.84 Anthony Aranda Platt Electric-Keyless Porc-Streets $15.19 Davis Equipment-Tuatara Supply-Parks $16.39
Preffered Pump & Equip-Well Supply Pump-Water Division $54.88 Preffered Pump & Equip-Well Supply Pump-Water Division $192.34 House of Concrete-Cement Curb Repair-Streets $900.10 $1,178.90 Wilma Tucker Mi Favorito-Caltrans Lunch-Admin $79.72 $79.72 Yvonne Hernandez Costco-Senior Thanksgiving Lunch-Senior Center $198.44 Smart and Final-Senior Lunch-Senior Center $102.14
Hobby Lobby-Christmas Tree Supplies-Recreation $73.61
Dollar Tree-Christmas Tree Supplies-Recreation $65.41
Partyworks-Christmas Tree Supplies-Recreation $58.22
Hobby Lobby-Christmas Tree Supplies-Recreation $142.29
Hobby Lobby-Christmas Tree Supplies-Recreation $11.64
Smart and Final-Christmas Tree Supplies-Recreation $44.40 Dollar Tree-Christmas Tree Supplies-Recreation $98.97
It's My Party-Table Rentals Kidz SD-Recreation $32.00 $827.12 Thomas Gaffery League of Cities-CM Conf Registration-Gaffery-Planning $750.00 $750.00 Margarita Moreno CSMFO-Dues-Carrillo $55.00
CSMFO-Mtg-Carrillo $20.00
CSMFO-Dues-Moreno $135.00
CSMFO-Regist-Moreno -$110.00
Free Conference-City Meetings-Admin $15.00 $115.00
Total Wells Fargo VISA $4,878.17
85 Section 8, Item D.

City of Fowler
Credit Card Usage December 2023
Stmt Closing 1/3/2024
Card / User Summary Transaction Amount
Home Depot
Public Works Supplies-Water $383.64
Supplies-Streets $323.26
Supplies-Streets $371.93
Supplies-Streets $27.22
Supplies-Parks $10.81
Supplies-Parks $9.73
Supplies-Streets $325.26
Supplies-Streets $581.07
Total Home Depot $2,032.92
Wells Fargo VISA
Michael Reid Walmart-Preschool Cookie Decorating-Police $56.77 Dollar General-Christmas Supplies-Police $29.43
Walmart-Preschool Cookie Decorating-Police $2.72
Peavey Corp-Handgun Boxes-Police $56.53
Mid-County Fire-Fire Extinguisers Annual-Police $773.00 Peavey Corp-Red Evidence Tape-Police $76.78
Lexmark International-Office Supplies-Police $509.94 $1,505.17 Angela Vasquez Food 4 Less-Staff Recognition Supplies-City Clerk $157.38 $157.38 Anthony Aranda USPS-Shipping-Water Meter Collector-Water Division $147.54 $147.54 Eric Rocha League of Ca Cities-Regist-Rocha-Water Division $675.00 $675.00 Yvonne Hernandez Smart & Final-Christmas Tree Wrap-Recreation $56.56 Wal Mart-Senior Supplies-Senior Center $57.16
Dollar Tree-Kidz Shopping Day-Recreation $1,116.11
Dollar Tree-Kidz Shopping Day-Recreation $16.25
Mi Favoritos-Volunteers Kids Shopping Day Lunch-Recreation $134.69 Fowler Donuts-Kidz Shopping Day-Recreation $79.00
Hero Alliance-Christmas on Merced-Recreation $575.00
It's My Party-Kidz Shopping Day-Recreation $176.00
Costco-Christmas Senior lunch-Senior Center $203.39
Dollar Tree-Kidz Shopping Day-Recreation $37.12
Walmart-Senior Lunch-Senior Center $49.44
Food Service Prep-Food Training-Senior Center $43.70
It's My Party-Senior Christmas lunch supplies-Senior Center $125.00 $2,669.42 Thomas Gaffery Mi Favorito-COG Lunch Meeting-Planning $101.18 Int'Code Council-Membership-Building $160.00
California Assoc-Membership-Building $595.00 $856.18
Margarita Moreno CSMFO-Training-Carrillo-Finance $100.00 Free Conference-City Meetings-Admin $15.00 $115.00
Total Wells Fargo VISA $6,125.69
86 Section 8, Item D.

City of Fowler
Donation Acceptance Report
July 2023-December 2023
Date Name Description Amount Approved By
12/8/2023 Fowler Lions Club Senior Luncheon Donation $500.00 City Manager Total Donations $500.00
Acceptance of Donations Report 23‐24
87 Section 8, Item D.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: MARGARITA MORENO, Finance Director
SUBJECT: APPROVE a three-year professional services agreement with Price Paige & Company in the amount of $117,425 total for audit support services in Fiscal Years 2023-24, 2024-25, and 2025-26

EXECUTIVE SUMMARY
Audit support work involves the necessary preparation for Bryant L. Jolley, CPA to complete the city’s annual Independent Auditor’s Report. Based on Council direction, Staff researched various options for ongoing audit support. The least expensive and most practical solution is to enter into an agreement with Price Paige & Company (PPC). PPC is also uniquely qualified to perform this scope of work.

BACKGROUND
At its July 18, 2023 meeting, the City Council directed staff to explore other options for year-end closing and audit support services. At its November 7, 2023 meeting, the City Council directed staff to bring forward an agreement with PPC as an alternative for audit support.

Staff researched various options for audit support and all are more costly, or less practical, than a consulting engagement with PPC.

Bring Work In-House
Staff considered hiring an Accounting Assistant. The annual cost to hire an Accounting Assistant is $70,717 at Step A, including benefits. The incumbent would need to have experience in preparation of reports needed to close the books for annual reporting of financial transactions.

Knowling the current labor market and the City’s salary range, the chances of finding an experienced candidate are slim. In addition this option is more expensive PPC.

Engage Bryant L. Jolley
Bryant L. Jolley, CPA, cannot assist with the year-end closing and audit support services because it is inconsistent with Generally Accepted Accounting Principles (GAAP) as it relates to separation of duties.

Price Paige & Company
The most economical and seamless option is to continue the City’s engagement with PPC. The City has previously engaged PPC for fiscal year-end closing and audit support services. Under the new administration, staff’s level of organization and preparedness has increased, and 88 Section 8, Item E.
without a backlog in audit support services needs, the cost has declined dramatically (2018/19- $80K, 2019/20-$80K, 2020/21-$70K, 2021/22-$55K, and 2022/23-$35K).

Uniquely Qualified
PPC has supported the current administration in addressing the inherited backlog of audit preparation work and bank statement reconciliations. This experience makes PPC uniquely qualified to continue their consulting engagement with the City. PPC is familiar with the City’s accounting software, paper records management processes, and has strong relationships with City staff. While working alongside City staff, PPC staff have developed their own institutional knowledge of City financial operations. This is not something that can be found with any other firm.

Recommendation
Staff recommend continuing this engagement for an additional three years at a total cost of $117,425 for fiscal years 2023/24 ($38,500), 2024/25 ($38,500), and 2025/26 ($40,425). The engagement will include preparation of the financial statements, assistance in the annual reporting of financial transactions, and serving as liaison with the City’s external auditor. This engagement will ensure the City’s audits are completed in a timely manner. Staff will continue the day-to-day operations including the general ledger upkeep, and bank statement reconciliations.

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.

FISCAL IMPACT
Funding for this agreement will be included in the proposed FY24-25 budget and subsequent budgets accordingly.

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

Attachments
- Agreement
89 Section 8, Item E.
1 CITY OF FOWLER

ACCOUNTING CONSULTANT SERVICE AGREEMENT
This Accounting Consultant Services Agreement ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Price Paige & Company ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on July 1, 2024 ("Effective Date").

RECITALS
A. City desires to obtain non-audit accounting consultation services ("Services") more fully described in the proposal from Consultant attached as Exhibit A, which is incorporated herein by reference.

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

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

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

AGREEMENT
I. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.

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

3. Term of Agreement; Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after the Effective Date, unless otherwise instructed by City, and continue with the Services until satisfactorily completed, as determined by City. Consultant shall complete the Services not later than June 30, 2024 ("Completion Date"), unless extended beyond this date by mutual consent of the Parties. This Agreement may be terminated prior to the Completion Date pursuant to Section 17 herein. City and Consultant shall mutually agree on a schedule for performance of the Services and completion of any deliverables. The schedule shall be subject to modification based on the City's operational needs. City will notify Consultant in advance of any modification to the schedule.

4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to Consultant's standard hourly rate(s). The total amount paid by City to Consultant for the Services shall not exceed One Hundred Seventeen Thousand Four Hundred Twenty-Five Dollars ($117,425).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall 90 Section 8, Item E.
2 submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt of invoice.

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

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

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

7. [Reserved]

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

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

I 0. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.

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

Upon City's request, Consultant shall make available for inspection and copying all such Work Product and 91 Section 8, Item E.
3 all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

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

13. [Reserved]

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

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

16. [Reserved]

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon ten (IO) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (I 0) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to service of the written notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant's failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. 92 Section 8, Item E.
4 d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.

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

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

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

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

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a.
delivery.

Personally delivered to the party to whom it is directed. Service shall be deemed the date of b. Delivered by e-mail to a known address of the party to whom it is directed provided theemail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered seventy-two (72) hours after deposit.
93 Section 8, Item E.
5 23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

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

25. [Reserved]

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

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

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

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

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

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

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

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.
94 Section 8, Item E.

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

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

CONSULTANT CITY OF FOWLER
By: By: _____________________
Joshua Giosa, Audit Partner Wilma Tucker, City Manager
Date: ______________________ Date:___________________
Party Identification and Contact Information:

Consultant City of Fowler
Price Paige & Company Attn: Wilma Tucker
Attn: Joshua Giosa City Manager
Audit Partner 128 S 5th Street
570 N. Magnolia Fowler, CA 93625
Clovis, CA 93612 [email protected]
[email protected] (559)834-3113
559-299-9540
6 1/29/24
95 Section 8, Item E.
7 EXHIBIT A

CONSULTANT PROPOSAL
96 Section 8, Item E.
8 EXHIBIT B

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

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute withit.
97 Section 8, Item E.
9 (ii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iii) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from theinsurer.
(iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof(either as to the type or amount of such insurance). shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement. e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor's insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement. 98 Section 8, Item E.

January 26, 2024
Ms. Wilma Tucker, City Manager
City of Fowler
128 S. 5th St.

Fowler, California 93625
Dear Ms. Tucker:

This letter confirms the engagement of Price Paige & Company by the City of Fowler (the City) for the professional consulting services as described below:
1) We will assist the City in the year-end close of its financial records for the years ending June 30, 2024, 2025, and 2026, by performing reconciliations of certain balance sheet and income statement balances, as listed on the attached schedule, Exhibit A. We will also serve as the liaison with the City’s external auditors for any inquiries directly related to the audit areas listed on Exhibit A. 2) We will prepare the annual reports of financial transactions for the City for the years ending June 30, 2024, 2025, and 2026.
3) We will provide the City with additional consultation as agreed upon with City management. The scope, timing, and extent of the additional consultation will be discussed before the commencement of any work.

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

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

Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with 99 Section 8, Item E.

January 26, 2024

Page 2 ends

2024-2026
FOWLER
our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.

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

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

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

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

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

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

Our fees for the above services for the years ending June 30, 2024 and 2025 will be as follows:

Consulting Services, as listed in item 1 (hourly, not to exceed) $ 26,500 State Controller Report preparation, as listed in item 2 6,000 Additional Consulting Services, as listed in item #3 (hourly, not to exceed) 6,000

Total $ 38,500
Our fees for the above services for the year ending June 30, 2026 will be as follows:

Consulting Services, as listed in item 1 (hourly, not to exceed) $ 27,825 State Controller Report preparation, as listed in item 2 6,300 Additional Consulting Services, as listed in item #3 (hourly, not to exceed) 6,300

Total $ 40,425
Our fees are based on expected hours required to perform the service at our standard hourly rates. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your consulting engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred. Our fee estimate is based on anticipated cooperation from your personnel and assumption that unexpected circumstances will not be encountered during the services listed. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual involved, plus out-of-pocket expenses.

If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its 100
Section 8, Item E.

January 26, 2024

Page 3 ends

2024-2026
FOWLER
Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.

All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final.

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

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

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

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

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

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

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

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

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

Management Signature Title Date
101
Section 8, Item E.

January 26, 2024

Page 4 ends

2024-2026
FOWLER
Exhibit A
We will assist the City in the year-end close of its financial records for the year ending June 30, 2024 – 2026 by performing reconciliations of balance sheet and income statement balances for the following audit areas:
1) Enterprise Revenue/Receivables (Including Deposits and Prepays) 2) Capital Assets
3) Long-Term Debt and Bond Trustee Reconciliation
4) Leases
5) Subscription-Based Information Technology Arrangements 6) Net Pension Liability and related Deferred Inflows and Outflows of Resources 7) Grant Reconciliation and Schedule of Expenditure of Federal Awards 102
Section 8, Item E.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: MARGARITA MORENO, Finance Director
SUBJECT: APPROVE Resolution No. 2699 creating a Petty Cash Policy and a Cash Handling Policy.

EXECUTIVE SUMMARY
The City does not currently have a Petty Cash Policy or a Cash Handling Policy. This action creates two new policies for which the Finance Director will implement.

BACKGROUND
Petty Cash Policy
The Petty Cash Policy provides guidelines for the appropriate establishment, use, and accounting of petty cash. Petty Cash is used to reimburse employees for minor expenses ($50 or less) that are either incurred or purchased for official City business.

Cash Handling Policy
The Cash Handling Policy establishes internal control of cash handling operations throughout the City and to provide guidance to departments. The policy sets minimum standards to ensure clear and consistent practice within the City for the handling of cash and for limiting not only the City's losses, but also the City's involvement in investigations of losses of funds.

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.

FISCAL IMPACT
This action ensures the responsible administration of City monies.

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

Attachments
- Resolution No. 2699
- Petty Cash Policy
- Cash Handling Policy
104
Section 8, Item F.

RESOLUTION NO. 2699

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

A PETTY CASH POLICY AND A CASH HANDLING POLICY FOR THE CITY OF FOWLER
WHEREAS, Staff now recommend these policies be adopted to better address and ensure compliance with applicable current standards and legal requirements; and WHEREAS, a proposed Petty Cash Policy is attached hereto and recommended for approval for the purpose specific in the proposed Policy; and WHEREAS, a proposed Cash Handling Policy is attached hereto and recommended for approval for the purpose specific in the proposed Policy; and WHEREAS, the proposed Petty Cash Policy and proposed Cash Handling 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 Petty Cash Policy attached hereto is approved to be effective immediately.

2. The Cash Handling Policy attached hereto is approved to be effective immediately.

PASSED, APPROVED AND ADOPTED this 6th day of February 2024, 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
105
Section 8, Item F.

Page 1 of 2 ends

City of Fowler
Petty Cash Policy
Approved by Resolution 2699
February 6, 2024
Purpose.

The Petty Cash Policy provides guidelines for the appropriate establishment, handling, use, and accounting for such funds.

Summary.

The petty cash fund was established to enable departments to make purchases where other means of payment is not possible or feasible. The amount of the petty cash fund is established at the time the fund is approved. Expenditures may not be used to circumvent current purchasing procedures. The Finance department is the custodian of the petty cash fund. The custodian is required to appropriately safeguard, account for and document all cash maintained on behalf of the City. The cash should be maintained in a secure, locked device.

Guidelines.

A. Petty cash funds are used for expenditures of $50 or less made by a city employee.

B. Adequate receipts and documentation must be maintained to support all transactions made from the Petty Cash Fund.

C. The petty cash fund amount of $500 may be reduced by City resolution.

D. The Finance Director shall promulgate forms and procedures to implement this policy.

Procedures.

1. The requestor shall complete the petty cash reimbursement request form and provide an itemized receipt.

2. The requestor then submits the form to the Petty Cash Custodian for reimbursement.

3. The custodian reviews the Petty Cash Reimbursement Request Form and the receipt(s) and confirms the total amount requested on the form. The Petty Cash Reimbursement Request Form and the attached receipts are kept in the petty cash fund file.

4. The combined dollar value of the currency, coins and the receipts must equal the petty cash fund total assigned to the custodian. This shall occur each time a petty cash reimbursement is issued. The custodian then completes a Petty Cash Reconciliation Form, and a voucher is 106
Section 8, Item F.

Page 2 of 2 ends

prepared to request reimbursement to the Petty Cash Fund for the amount of the outstanding receipts.

5. It is the responsibility of the custodian to determine the frequency for reimbursing the petty cash fund to ensure that sufficient currency and coin are on hand to reimburse employees for expenditures.
107
Section 8, Item F.

Page 1 of 6 ends

City of Fowler
Cash Handling Policy
Approved by Resolution 2699
February 6, 2024

1. Purpose
To assist all City departments by defining and communicating what is an acceptable level of control for cash-handling operations. Due to the decentralized nature of revenue collection within the City, procedures vary from location to location. Although the customer service impact of this structure is positive, the various control environments sometimes fall below what is acceptable to City management.

The objectives of this policy are to set forth minimum standards to ensure clear and consistent practice within the City for the handling of cash and for limiting not only the City's losses, but also the City's involvement in investigations of losses of funds. This policy will serve to standardize a system of cash controls within the City and provide guidance to departments. Overall compliance with this policy will allow the City to prevent or detect losses related to cash handling and to assign responsibility to an individual in a timely manner to minimize losses. Further, the ability to ascertain individual accountability for each loss will reduce the impact of failing to protect honest employees from unnecessary suspicion.

This policy is intended to:
 Avoid a loss of funds,
 Detect losses,
 Investigate losses,
 Determine if the loss was intentional or inadvertent,  Identify and resolve policy and process failures that led to a loss, and  Recover losses.

2. Responsibilities
Cash received by the City should be guarded carefully. All employees are responsible for protecting the assets of the City. A clear responsibility lies with management to install and maintain a cash-handling control system that will prevent, detect, and deter fraud.

A. DEPARTMENT MANAGERS HAVE THE RESPONSIBILITY TO:
i. Ensure safeguarding of City funds.
ii. Require clearly written and approved procedures for all areas of their department's cash-handling operation assure that procedures in place in their departments comply with this policy and to assume accountability for exceptions to and deviations from this policy.
iii. In the event of a loss, ensure compliance with the procedures detailed in the City’s administrative bulletin on reporting fraud.
108
Section 8, Item F.

Page 2 of 6 ends

B. CASH HANDLERS HAVE THE RESPONSIBILITY TO:
i. Comply with this policy and department procedures.
ii. Report to their department head, or the City Manager, any instance which is deemed to be a failure to give proper care to cash, securities, or other valuables whether or not such failure has resulted in a loss.
iii. Report to their department head, or the City Manager, any instance where a City employee has knowledge or suspicion of a violation of this Policy.

C. THE FINANCE DIRECTOR HAS THE RESPONSIBILITY TO:

1. Conduct whatever investigations or cash control reviews that are necessary.

2. Coordinate and collaborate with Fowler Police Department where appropriate.

3. Review the policies and procedures of departments documenting exceptions to and deviations from this policy.

4. Upon request, assist departments with developing controls to mitigate the potential effects of exceptions or deviations from this policy.

5. Implement cash handling training.

6. Develop, with the Personnel Officer, hiring standards for employees who handle cash.

7. Develop, with the Chief of Police, written robbery procedures.

3. Definitions
A. Cash handling - As used in this policy statement, describes the receiving, transmitting, safeguarding, and depositing of all funds of any type received by the City.

B. Cash handler - As used in this policy statement, denotes any employee whose job description includes responsibility for receiving, transmitting, safeguarding, and/or depositing of City funds of any type.

C. Cash Over/Short - A cash handler is short when an unintentional collection error is made, ie., does not obtain physical custody of money or a change-making error. A cash handler is over when too much money is collected and the excess cannot immediately be returned to the customer.

D. Dual controls describes the process where two individuals have responsibility for 109
Section 8, Item F.

Page 3 of 6 ends

funds. Theft is less likely in operations with dual control since it would require the complicity of two individuals.

E. Segregation of duties ensures that no single person handles a transaction from beginning to end. If possible, the following basic functional categories should be performed by different people within a cash-handling operation:

1. Authorization or approval of transactions,

2. Recording of transactions,

3. Custody of funds,

4. Monitoring to ensure compliance with control procedures.

If one person does perform two or more of these functions, there is no independent check for mistakes, and errors and/or irregularities are very likely to go undiscovered for long periods. If it's not practical to maintain strict segregation of duties due to a limited staff size, then add other control measures. Additional control measures include rotation of duties among personnel and stricter supervision to include special spot checking of a cash handler's work.

4. Control Standards for Cash-Handling
A. Procedures should be in place which will ensure that all payments received are processed and that any payment may be traced from initial receipt to final disposition. Each cash-handling operation shall include the following controls, as appropriate;

1. Maintain strict control over all receipts.

2. Use receipts, either manual or cash register generated, for all intakes of money.

3. At a minimum, when issuing manual receipts, use duplicate receipts to allow for a customer copy and a copy that remains in the manual receipt book.

4. Have a space indicating mode of payment of manual receipt forms.

5. Be sure that receipts are signed or initialed by the person issuing. Receipts generated by a cash register should also indicate the person issuing.

6. Encourage all customers to obtain receipts for their payments.

7. Have a separate cash box/drawer/register for each person taking in money. 110
Section 8, Item F.

Page 4 of 6 ends

Funds accepted by cashiers should be under single control of the cashier.

Shared drawers or cash registers accessed by more than one individual are not acceptable. Tellers should have sole access to their funds.

8. Maintain strict control over the access to funds. Never leave cash or checks unsecured.

9. Place a restrictive endorsement on checks at the time of receipt.

10. Mail Processing Controls
Proper management of mail collection is particularly important because the person making the payment is not present, and no receipt is issued at the time of collection. Until control over the receipt of mail payments is established, mail processing shall be performed under dual control. At a minimum:
a. Mail should be opened daily to expedite processing of payments received.
b. Mail should be worked independently of over-the-counter receipts c. Checks should be restrictively endorsed as soon as possible after being opened.
d. Procedures should be established to describe how payments which can not be accounted for upon receipt should be handled, ie., utility payment received without an accompanying utility bill.

B. SAFEGUARDING FUNDS
Strict control must be maintained over the access to funds at all times. Dual control over the processing and storage of all cash funds should be used, where practical. It is the City's policy that access to cash vaults and safes shall be limited and the following controls over the processing and storage of all cash funds should be used, where practical.

1. Individuals handling cash should be provided separate and secure work areas. When single control over cash is expected, each individual should be provided space to achieve single control.

2. Each cash handler is responsible to see that their cash drawer, cash bag, or cash box is locked when they leave their station. No funds are to be left unattended and unsecured.

3. During non-business hours and during business periods where access to cash is not required, all funds are required to be stored in a locked cash vault, safe 111
Section 8, Item F.

Page 5 of 6 ends

or approved cash storage drawer.

4. Safes, cash vaults, or storage drawers should be positioned so that they are not visible to the general public. Partitions, rugs, or barriers should be positioned to hide cash storage receptacles.

5. Cash vault combinations should be limited to the smallest number of individuals practicable, given the business needs of the work unit.

6. Cash vault or safe combinations should never be written down in the cashhandling area. Safe combinations held by individuals who serve as back up to the everyday users of the safe, who may need to write down this combination, should keep the combination offsite of on their person.

7. When an individual who knows the cash vault or safe combination leaves the City employment, the safe combination should be changed promptly.

8. Cash handlers are to be in sole possession of their cash drawer, cash bag, or cash box key.

9. Duplicate keys will be placed in a locked key box under dual control.

10. It is the cash handler's responsibility to immediately notify their supervisor in the event a key is lost. No replacement key will be made, but the lock on the cash receptacle in question is to be promptly replaced.

B. TRANSFERRING AND/OR TRANSPORTING FUNDS
It is the City's policy to require witnessed cash counts and reconciliation’s whenever City funds change hands. Whether transferring funds between cash handlers within a work unit or transporting funds between locations, individual accountability can only be maintained by protecting the chain of custody.

1. A cash count and reconciliation will occur whenever City funds change hands.

2. Whether transferring funds between cash handlers within a work unit or transporting funds between locations, never allow the relinquishing custodian of the cash to leave before the receiving custodian has completed a cash count and reconciliation.

3. Both the relinquishing and receiving custodian of the cash will sign off on the cash count and reconciliation to complete the transfer of funds.

4. All transport of cash between locations will be made in locked transport bags or sealed bank security bags. Couriers will not have keys to the transport 112
Section 8, Item F.

Page 6 of 6 ends

bags; only the sending and receiving units will have keys.

C. RECONCILING AND DEPOSITING FUNDS AND RECORDING

TRANSACTIONS

1. All funds must be deposited daily.

2. The cash-handling and accounts receivable functions should be separate.

3. Each cash handler should reconcile on a daily basis. A formal reconciliation should be prepared by the cashier and then approved by a second individual.

4. Independent of the cash-handling operation, periodic reconciliation of bank accounts should be performed and reconciling items should be identified.

Management information reports should be prepared and submitted to department management to ensure that all reconciling items are appropriately resolved.

5. Cash receipts documents should be prepared promptly and should be dated the same day as the funds are deposited in the bank. Additionally, the documents should be forwarded to the Finance Department for prompt recording to the general ledger.

D. RECORD RETENTION REQUIREMENT

1. Per the City’s current Records Retention Policy, as adopted by Council. 113
Section 8, Item F.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: DIRECT STAFF to proceed with a design scope of work for the Downtown Streetscape Project to include a “flush street” on Merced Street between 7th and 5th Streets.

EXECUTIVE SUMMARY
Based on this direction, Staff would engage Toole Design to prepare a consulting scope of work to include the flush street design. A subsequent item would then come before Council to consider the consulting contract.

BACKGROUND
The City previously conducted a competitive process and selected Toole Design to prepare the Downtown Streetscape Plan. A conceptual plan was presented to Council on February 7, 2023.

This conceptual plan was then used to secure Measure C Transit Oriented Development funding for design and partial construction. The next step in this project is to proceed with development of construction drawings.

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

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

GENERAL PLAN CONSISTENCY
Goal LU-3
Thriving commercial centers are located throughout the City.

Policy LU-16
Maintain the downtown area as the governmental and cultural center of the City. Encourage community services, specialty shops, and office space on the ground floor with housing on the second floor.
114
Section 8, Item G.

Action Item LU-16a
Develop an ongoing improvement program for the downtown which maintains its unique character and provides an opportunity for a variety of services, retail uses, offices, and housing.

Policy LU-17
Develop the Merced Street corridor between Highway 99 and the downtown as the main shopping commercial location in the community.

Goal CDES-1
Through community design, Fowler fosters and reinforces the City’s unique sense of place.

Goal CDES-3
Downtown Fowler is preserved and enhanced as the primary cultural and civic core of the community.

Policy CDES-11
Protect and enhance the downtown area as a critical element of Fowler’s identity and smalltown character.

Goal CH-1
Opportunities for physical activity, such as walking and biking, are integrated into the built environment.

Policy CH-2
Promote walking and bicycling and reduce vehicle miles traveled by allowing complementary land uses in close proximity to one another.

Policy CH-3
Consider pedestrian and bicyclist safety and comfort in the design and development of streets, parks, and public spaces.

Policy CH-4
Require street trees or other shade coverage along key pedestrian and bicycle routes and near transit stops.

Goal OS-1
Open space areas form a connected network, linking Fowler’s residential neighborhoods to passive and active recreation opportunities.

Policy OS-2
The City shall develop and maintain an open space network that provides both passive and active recreation opportunities.
115
Section 8, Item G.

Policy OS-19
Promote the City’s urban forest as a contributor to the local environment and community aesthetics.

Policy OS-21
Maximize tree canopy coverage on public lands and open spaces through the planting of new trees and the management and care for existing trees.

Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.

Goal MOB-2
The circulation system is safe, connected, and well-integrated with public transit and neighboring jurisdictions.

Policy MOB-11
Ensure street and road projects are adequately designed to accommodate safe and convenient pedestrian and bicyclist access.

Goal ED-3
Fowler invests in necessary infrastructure, resources, and beautification to ensure the success of economic development strategies. PP Goal ED-4 Fowler maintains a supportive business climate that helps attract and retain new and existing businesses.

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
Providing this staff direction has no fiscal impact.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
116
Section 8, Item G.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: ADOPT Resolution No. 2703 approving the Final Map for Tract No. 6381, accepting the dedication of the public streets and easements as offered on the Final Map in accordance with the terms of the Conditions of Approval, and approving and authorizing the City Manager to execute the Subdivision Agreement on behalf of the City.

EXECUTIVE SUMMARY
The applicant, Woodside 06N, a Limited Partnership (the “Applicant”), is proposing to develop a 93-lot subdivision north of the northeast corner of East Adams and North Armstrong Avenues.

Approval of Resolution No. 2703 will approve the Final Map for Tract No. 6381 (“Final Map") accepting the dedication of the public streets and easements in accordance with the Final Map; authorize the City Engineer to transmit the Final Map and associated documents to the Fresno County Recorder’s Office for recording; and authorize the City Manager to execute the Subdivision Agreement on behalf of the City.

BACKGROUND
The Applicant is proposing to develop a 93-lot subdivision to build out the remaining lots in the north of the northeast corner of East Adams and North Armstrong Avenues.

The Applicant has complied with the conditions of approval of its previously approved tentative map.

A subdivision agreement has been prepared for the development because the off-site improvements have not yet been constructed. The subdivision agreement requires that the Applicant post bonds or instruments of security with the City in order to guarantee the construction of the improvements, which have been submitted to the City. The subdivision agreement also establishes that the development fees must be paid to the City prior to the issuance of Building Permits.

The City is required by law to accept the Final Map so long as it is in substantial compliance with the previously approved tentative map. (Gov. Code § 66474.1.) The Applicant has submitted the public improvement plans and the final map to the City, both of which have been reviewed and approved by the City Engineer as being in substantial compliance with the Applicant’s previously approved tentative map.
117
Section 8, Item H.

The Applicant has paid development inspection fees as described above and in accordance with the City’s fee schedule. These fees will provide for review costs incurred by the City and other capital improvement requirements.

Following acceptance of this Final Map by the City, the City Engineer shall deliver the Final Map and the subdivision agreement to the Fresno County Recorder’s Office for recordation.

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 consistent with:

Policy CDES-26
Single family residential projects shall be designed in a way such that they enhance Fowler’s character.

FISCAL IMPACT
Costs related to inspection and acceptance of the subdivision improvements in the proposed dedication will be paid for by the developer and will not have direct impact on City finances.

CONFLICT OF INTEREST
Council Member Kazarian owns property within 500 feet of the subject property, and such a financial interest is considered material for purposes of disqualification under the Political Reform Act (Gov. Code § 87100, et seq.; 2 CCR §§ 18700 and 18702.2) without clear and convincing evidence that the decision will not have any measurable impact on the official’s property.

Mayor Parra and Council Member Hammer each own property more than 500 feet but less than 1,000 feet from the subject property. Such financial interests may not be deemed material for purposes of disqualification under the Political Reform Act unless the decision will change the official’s property’s:
(a) Development potential;
(b) Income producing potential;
(c) Highest and Best use;
(d) Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or
(e) Market value. (2 CCR § 18702.2, subd. (a)(8).)
Attachments
- Resolution No. 2703
- Subdivision Agreement for Tract No. 6381
- Final Map of Tract 6381
118
Section 8, Item H.

RESOLUTION NO. 2703

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
APPROVING FINAL TRACT MAP NO. 6381, ACCEPTING STREET DEDICATIONS

AND EASEMENTS, AND APPROVING A SUBDIVISION AGREEMENT WITH THE SUBDIVIDER.

WHEREAS, Woodside 06N, LP, the Owner and Subdivider, has presented to the City Council of the City of Fowler, a Municipal Corporation, a Final Map of Tract No. 6381 for approval by the City Council; and
WHEREAS, the City Engineer has verified that all of the provisions of the Subdivision Map Act and the City’s Subdivision Ordinance have been complied with, and that said Final Map is substantially the same as the Tentative Map thereof, as previously approved by the City Council and Planning Commission; and
WHEREAS, certain streets to be developed in the Final Map of Tract No. 6381 have been offered for dedication to the City of Fowler; and
WHEREAS, the Fowler Subdivision Ordinance requires that street dedications and easements be accepted by the City Council; and
WHEREAS, the City Council has reviewed the terms and provisions of the proposed Subdivision Agreement for Tract No. 6381 relating to the construction of public improvements associated with Tract No. 6381; and
WHEREAS, the City Council also determined that it would be in the best interests of the City at this time to accept the streets and easements offered for dedication on the Final Tract Map No. 6381.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler:
(1) That the Final Map of Tract No. 6381 is hereby approved. (2) That the streets and easements offered for dedication as shown in Final Tract Map No. 6381 are hereby accepted.
(3) That the Subdivision Agreement is hereby approved and the City Manager is authorized and directed to sign the Subdivision Agreement for Tract No. 6381, which has been previously signed by the Subdivider.
(4) That the City Engineer is authorized and directed to sign the documents necessary for the improvements and recordation with the County.
**************
119
Section 8, Item H.

PASSED, APPROVED AND ADOPTED this 6th day of February 2024, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
120
Section 8, Item H.
121
Section 8, Item H.
122
Section 8, Item H.
123
Section 8, Item H.
124
Section 8, Item H.
125
Section 8, Item H.
126
Section 8, Item H.
127
Section 8, Item H.
128
Section 8, Item H.
129
Section 8, Item H.
130
Section 8, Item H.
131
Section 8, Item H.
132
Section 8, Item H.
133
Section 8, Item H.
134
Section 8, Item H.
135
Section 8, Item H.
136
Section 8, Item H.
137
Section 8, Item H.
138
Section 8, Item H.
139
Section 8, Item H.
140
Section 8, Item H.
141
Section 8, Item H.
142
Section 8, Item H.
143
Section 8, Item H.
144
Section 8, Item H.

NORTH ARMSTRONG AVENUE

OUTLOT 'B'

OUTLOT 'A' NORTH LAKER LANE AVENUE AVENUE

HEIDI AVENUE HEIDI AVENUE

BOORNAZIAN

AHRONIAN AVENUE

AVENUE VISTA NORTH LAKER LANE ISABELLA
15 5 7 9 11 13 3 1 4 6 8 10 12 2
14 63
64 65
66 60
59 58
57 67
71 70
68 69
76 78 77 79
73 72
74 75
62 61
48 49
50 51
52 53
54 55
41 39
37 43
42 40
38 36
46 45 47 44
17 16
23 21 19 22 20 18
24 34 32 30 33 31
28 26 29 27 25
35 85 87 89 91 93
84 86 88 90 92
80 82 83 81
56 N
AN
*THIS EASEMENT IS TO BE VACATED BY THIS MAP. EASEMENT AFFECTS SUBJECT PROPERTY, PLOTTED.

LEGEND

SUBDIVISION MAP OF
TRACT NO. 6381

MARSHALL ESTATES II

IN THE CITY OF FOWLER,
SURVEYED AND PLATTED IN JANUARY 2022,

COUNTY OF FRESNO, STATE OF CALIFORNIA
BY GATEWAY ENGINEERING, INC.

CONSISTING OF 4 SHEETS
SHEET 3 OF 4
NOTES

CURVE AND RADIAL TABLES
SEE SHEET 4 FOR LINE, OUTLOT "C"
145
Section 8, Item H.
146
Section 8, Item H.

Single Family Multi-Family Commercial Industrial Institutional General Services $1,344 $941 $419 $126 $210
Law Enforcement $947 $663 $295 $88 $148
Fire Department $1,121 $785 $349 $105 $175
Water $2,691 $1,883 $838 $252 $420
Sewer $4,082 $2,856 $1,271 $382 $636
Storm Drain $5,306 $8,697 $11,274 $12,601 $11,274
Traffic $532 $561 $2,417 $308 $765
Ground Water Recharge $891 $623 $277 $83 $138
Park Development
Parks and Recreation
Facilities $3,955 $2,767
Quimby Act Fee $2,597 $2,597
Development Impact Fee Schedule (2023)
Residential per Unit
Land Use
Non-Residential per 1,000 Square Feet
147
Section 8, Item H.
148
Section 8, Item H.
149
Section 8, Item H.
150
Section 8, Item H.
151
Section 8, Item H.
152
Section 8, Item H.
1 Exhibit B – Conditions of Approval (REVISED)
General

1. All conditions of the applicant shall be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards.

2. The design and improvement of the subdivision shall conform to Titles 1 through 15 of the City of Fowler Subdivision Ordinance and to the City of Fowler Standard Specifications ("Standard Specifications"), unless otherwise specified in these conditions.

3. The applicant shall enter into a subdivision agreement with the City if the final map is recorded prior to completion of the off-site improvements.

4. The applicant pays all fees as required by existing ordinances and schedules.

5. All water wells and septic systems that served the property shall be abandoned pursuant to City, County, and State standards.

6. The applicant shall relinquish all rights and privileges associated with all previously approved tentative tract maps on the subject properties.

7. Applicant shall consent to and facilitate annexation of the subject project into the City’s Landscape and Storm Drainage Maintenance District or a Community Facilities District.

8. As many energy-conserving features as possible shall be included in the project. Examples include, but are not limited to, increased wall and ceiling insulation, natural gas fireplaces, electrical and natural gas outlets installed around the exterior of the units to encourage use of electric yard maintenance equipment and gas-fired barbeques, and each home wired for computers/internet and electronic meter reading.

9. To reduce construction noise, construction contracts shall require that all equipment be maintained according to the manufacturers’ specifications, and that noise-generating equipment be equipped with mufflers.

10. Hours of construction shall be limited to the hours of 6:00 am to 7:00 pm, Monday through Saturday.

11. The developer shall provide concrete pads and walkway within the side yards adjacent to garages for the placement of trash/recycling containers behind the rear yard fences/gates. All trash/recycling containers shall be placed out of public view except on the days of collection.

The developer shall disclose this requirement to the future homeowners within the subdivision.

12. Crosswalks shall be provided within the proposed streets to ensure pedestrian safety in areas determined by the City Engineer, Public Works Director and Community Development Director and these crosswalks shall be decorative such thermoplastic pavement striping and/or stamped and colored concrete.

13. Projects shall include all street lights, street signs, stop signs, and other designated by the City for street call names and traffic control. All signs shall be provided per City Municipal Code and shall be in like kind constructed on adjacent streets.

14. The developer shall obtain Rule 9510 (Indirect Source Review) approval from the San Joaquin Valley Air Pollution Control District (SJVAPCD) prior to commencement of construction activities.

15. The developer shall obtain Dust Control Plan approval from SJVAPCD prior to commencement of grading activities.

16. Construction of the Project shall comply with the adopted Mitigation Monitoring and Reporting Program.
153
Section 8, Item H.
2 Design Review

17. Development of the tentative subdivision map shall be in accordance with Fowler Municipal Code Section 9-5.1605, Single-Family Residential Subdivision Design Criteria.

18. The developer shall work with the Fowler Unified School District to provide adequate transportation routes such as a local pedestrian or bike paths, or local bus service, within or along the Armstrong frontage.

19. Cul-de-sac nearest South Armstrong Avenue shall be open-ended as feasible for pedestrian access.

20. The developer shall submit a site plan that demonstrates compliance with the Single-Family Residential Subdivision Design Criteria. The site plan shall provide elevations, floor plans, building envelopes for varied setbacks, landscaping, and other information necessary to demonstrate compliance with these criteria, the Site Plan Review Ordinance, and other applicable City codes. The site plan shall be approved before issuance of the first building permit.

To the extent the tentative or final map demonstrates compliance with these criteria, the site plan may reference the maps.

21. The developer shall provide front yard landscaping prior to the issuance of the certificate of occupancy.

Final Map:

22. A right to farm covenant shall be recorded prior to recordation of the final map.

23. The minimum frontage of each lot shall comply with the City of Fowler Zoning Ordinance.

24. The lots adjacent to Armstrong Avenue shall have no direct vehicular access to said streets.

25. Street right of way and pedestrian/utility easements shall be dedicated to the City of Fowler as indicated on the tentative map.

26. Street names shall be verified by City staff prior to finalizing the final map. Street names shall be consistent with streets along similar alignments throughout the City and with policies in effect at time of Final Map.

Circulation:

27. Developer shall construct frontage improvements along Armstrong Avenue including curb, gutter, 5-foot sidewalk, LED street lighting and landscaping. A pavement overlay may be required beyond the centerline to provide for a smooth transition. Transition grade greater than 4 percent will not be allowed. The street section shall be striped for two-way traffic and approved by the City of Fowler.

28. Additional street right-of-way shall be dedicated such that an 80-foot right of way is provided along Armstrong Avenue.

29. Local street pavement section shall be a minimum or 2.5 inches of hot mix asphalt over 5 inches of Class II aggregate and verified by a project soils report.

30. Traffic and street signs shall be installed by the Owner/Developer per City requirements.

31. Developer shall construct a pedestrian path through the proposed storm drain basin property connecting Tracts 5090 and 6381. Path shall be minimum 8-foot wide and shall include hard surfacing, landscaping, accessible ramps at street terminations, landscaping, and lighting.

Developer shall dedicate right-of-way or easements as necessary to facilitate the path. 154
Section 8, Item H.
3 Water:

32. A looped water system be developed within the subdivision and be tested and accepted by the City of Fowler Public Works Department. Each parcel shall be equipped a water meter/box approved by the Public Works Director.

33. All interior water mains shall be an 8-inch water main and loop within each phase of development. The completed interior water system shall be connected to the 12-inch water mains in the major collector street.

34. Fire hydrants shall be installed at 300-foot intervals at the locations specified by the Fire Chief and City Engineer.

35. Two water sample stations shall be installed within the subdivision at the locations specified by the Public Works Director.

Sewer:

36. The developer shall comply with the conditions set forth by Selma-Kingsburg-Fowler Sanitation District and pay all associated fees.

Grading and Drainage:

37. A grading and drainage plan shall be submitted for review and approval by the City Engineer.

The developer shall obtain a grading permit for all on-site grading work.

38. The developer’s engineer shall provide drainage calculations for the subdivision. A temporary basin located north of the tract is proposed. The proposed drainage basin area shall be capable of retaining drainage associated with Tract 6188 and Tract 6381 during a 100-year storm event and shall be graded to become contiguous with the basin constructed with Tract 5090.

Additionally, perimeter chain link fencing between the two properties shall be modified to accommodate and surround the ultimate basin configuration. Basin fencing abutting lots shall include privacy slats (tan color). A 20-foot wide storm drain easement shall be located adjacent to and immediately south of Lot 18 and dedicated to the City as a storm drain easement.

39. Piping shall be installed within the subdivision to facilitate abandonment of the drainage basin in the Ahronian tract such that the drainage from this basin can be directed through the tract to the larger regional basin in Tract 5090.

40. Developer shall abandon and backfill the temporary basin constructed with Tract 6188 subject to recommendations of a geotechnical report.

41. The developer’s engineer shall submit a storm drain plan and hydraulic calculations showing location of inlets, manholes, and pipelines (including sizing) to City Engineer for review and approval prior to preparation of improvement plans.

42. The developer shall obtain an NPDES permit from the Regional Water Quality Control Board.

The plan shall provide for the mitigation of soil erosion from the project site during the construction and warranty periods and be submitted to the City prior to the start of construction. Developer shall supply City with the approved SWPPP and WDID number.

43. As a part of the mitigation measures for soil erosion, the developer shall be responsible for street sweeping during the one-year warranty period.

Aesthetics:

44. A landscape and irrigation plan shall be submitted for review and approval by the City Engineer for the areas along the frontage of South Armstrong Avenue.

45. A 6-foot-high decorative block wall shall be constructed between residential lots and the 155
Section 8, Item H.
4 proposed park and path area. Block walls shall be treated with an approved anti-graffiti coating and/or screened with vines as approved by the City Engineer.

46. Developer shall coordinate with existing property owners where new lots abut existing residences to repair or replace fences between the two properties. Each lot shall have a street tree planted along its frontage.

47. Dedicate and construct a minimum of 0.00646 acres per single-family detached residential lot.

Proposed improvements shall include benches, play structure with shade, concrete flatwork and landscaping as approved by the City Engineer.

48. In accordance with General Plan Policy 4.3-16 and Fowler Municipal Code Section 9-5.1605- K, a minimum of 5% (57,935 square feet) of the project site shall be developed with usable open space which could include common recreation areas, mini-parks, common green belts/recreation trails, and landscaping. Such open space shall be maintained by assessment district, landscape/lighting district, homeowners' association, or other appropriate maintenance entity. Open space proposed to be developed and dedicated as a park shall count toward the subdivision’s Quimby Act obligation above.

Utilities:

49. All existing overhead utilities adjacent to the subdivision shall be undergrounded such that not overhead poles remain between the north boundary of Tract 5090 and the south boundary of Tract 6188.

50. The developer shall provide a street light plan for review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. Streetlights shall be provided by the developer and maintained by the City pursuant to PG&E rate schedule LS2C.

51. Developer shall work with PG&E for the preparation of a utility plan, subject to the review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. All work shall be completed such that no street surface need be reopened for service.

Irrigation:

52. Any irrigation pipelines maintained by CID shall be relocated outside of the street right of way, except at street crossings. Any irrigation lines that must remain in service shall be reconstructed with rubber gasket reinforced concrete pipe.

53. All abandoned irrigation lines serving the property shall be removed.

Hold Harmless and Indemnification Condition:

54. Hold Harmless and Indemnification Condition. Approval of this Project is for the benefit of the Applicant. The submittal of applications by the Applicant for this Project was a voluntary act on the part of the Applicant not required by the City. Therefore, as a condition of approval of this Project, the Applicant agrees to defend, indemnify and hold harmless the City of Fowler and its agents, officers, consultants, independent contractors and employees (“City”) from any and all claims, actions or proceedings against the City to attack, set aside, void, or annul an approval by the City concerning the Project, and for any and all costs, attorney’s fees, and damages arising therefrom (collectively “Claim”). The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. If the City fails to promptly notify the Applicant of any Claim or if the City fails to cooperate fully in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 156
Section 8, Item H.
5 Nothing in this condition shall obligate the City to defend any Claim and the City shall not be required to pay or perform any settlement arising from any such Claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any Claim, and if the City decides to independently defend a Claim, the Applicant shall be responsible for City’s attorney’s fees, expenses of litigation and costs for that independent defense. Should the City decide to independently defend any Claim, the Applicant shall not be required to pay or perform any settlement arising from any such Claim unless the Applicant approves the settlement.

Signature of Applicant: ____________________________________________________ Date: ____________________________
157
Section 8, Item H.

NORTH ARMSTRONG AVENUE

OUTLOT 'B'

OUTLOT 'A' NORTH LAKER LANE AVENUE AVENUE

HEIDI AVENUE HEIDI AVENUE

BOORNAZIAN

AHRONIAN AVENUE

AVENUE VISTA NORTH LAKER LANE ISABELLA
15 5 7 9 11 13 1 3 4 6 8 10 12 2
14 66
64 65
63 59
57 60
58 67
70 71
68 69
76 77 78 79
73 72
75 74
61 62
49 51
53 55
48 50
52 37 54
39 41
43 36
38 40
42 44 45 46 47
17 16
18 19 20 21 22 23
24 30 31 32 33 34
29 28 27 26 25
35 85 87 89 91 93 84 86 88 90 92 80 81 82 83
56 N
AN
EASEMENT AFFECTS SUBJECT PROPERTY, PLOTTED. *THIS EASEMENT IS TO BE VACATED BY THIS MAP.

LEGEND

SUBDIVISION MAP OF
TRACT NO. 6381

MARSHALL ESTATES II

IN THE CITY OF FOWLER,

COUNTY OF FRESNO, STATE OF CALIFORNIA
SURVEYED AND PLATTED IN JANUARY 2022,
BY GATEWAY ENGINEERING, INC.

CONSISTING OF 4 SHEETS
SHEET 3 OF 4
NOTES
SEE SHEET 4 FOR LINE,

CURVE AND RADIAL TABLES
OUTLOT "C"

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2704 authorizing submittal of a grant application to Fresno Council of Governments (COG) for the Measure C Transit Oriented Development (TOD) Funds.

EXECUTIVE SUMMARY
Staff recommend the City Council approve Resolution No. 2704 Authorizing Submittal of a Grant Application to the Fresno Council of Governments (COG) for Measure C Transit Oriented Development (TOD) Funds.

BACKGROUND
The TOD program was created as a part of the 2006 Measure C Extension Plan. As recommended by the Measure C legislation, a TOD Technical Advisory Committee developed guidelines to provide guidance on the implementation of the TOD program. The TOD Program Guidelines were approved by the Fresno COG Policy Board and the Fresno Transportation Authority (FCTA) Board. A scoring committee membership was defined by the TOD Technical Advisory Committee and approved by both Boards.

The TOD program will generate $16.9 million during the 20-year lifespan of the Measure C program based on the estimation in December 2012. It is estimated that the TOD program is accruing about $850,000 annually. There is approximately $1,502,300 available in the program for the 12th funding cycle.

The City of Fowler is currently preparing a grant application that is due on February 27, 2024, pursuant to the grant program guidelines. The application proposes using Measure C TOD Funds to implement a portion of the Downtown Streetscapes Plan. Specifically, funds would be used for the construction of a portion of the flush streets design – primarily the segment along Merced Street from 7th Street to 5th Street – of the Plan. 159
Section 8, Item I.

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

GENERAL PLAN CONSISTENCY
The proposed construction of the flush street on Merced Street from 7th Street to 5th Street is consistent with the goals and policies outlined in the City of Fowler 2040 General Plan as it pertains to transit-oriented development and bolstering Fowler’s downtown appeal. In particular, this action is consistent with:

General Plan Policy LU-17
Develop the Merced Street corridor between Highway 99 and the downtown as the main shopping commercial location in the community.

General Plan Goal CDES-1
Through community design, Fowler fosters and reinforces the City’s unique sense of place.

General Plan Goal CH-1
Opportunities for physical activity, such as walking and biking, are integrated into the built environment.

General Plan Policy CH-3
Consider pedestrian and bicyclist safety and comfort in the design and development of streets, parks, and public spaces.

General Plan Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.

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

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

Attachments
- Resolution No. 2704
160
Section 8, Item I.
1 RESOLUTION NO. 2704

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR THE FRESNO COG MEASURE C TOD PROGRAM CYCLE 12
WHEREAS, the Fresno COG Measure C TOD Program Cycle 12 (“Program”) grant applications are due on February 27, 2024; and
WHEREAS, said procedures established by Fresno COG require the grantee’s Governing Body to certify by resolution the approval of project application(s); and WHEREAS, on February 27, 2024 the City of Fowler (“City”) intends to file an application with the Fresno County Transportation Authority (“Authority”) related to the Fresno COG Measure C TOD Program Cycle 12 (“Program”); and
WHEREAS, the application intends to implement and fund the construction of a portion of the Downtown Streetscapes Plan, namely the flush street design segment along Merced Street from 7th Street to 5th Street; and
WHEREAS, the City of Fowler, as grantee, if awarded, will enter into a contract with the Authority to complete the project.

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

1. Approves the filing of the project application for Fresno COG Measure C TOD Program Cycle 12 funds.

2. Delegates the authority to the City Manager, or designee, to conduct all negotiations, sign and submit all documents, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope.

3. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
161
Section 8, Item I.
2 PASSED, APPROVED AND ADOPTED this 6
th day of February 2024, 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
162
Section 8, Item I.

February 6, 2024

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: February 6, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2705, adopting a Mitigated Negated Declaration for the City of Fowler Well No. 9 project and approving the Well No. 9 project.

EXECUTIVE SUMMARY
Using grant funding awarded to the City through the Small Community Drought Relief Program, the City seeks to construct a new groundwater well on the west side of the City. The groundwater well is intended to supplement the City’s water supply system and provide additional drought resiliency for the City.

BACKGROUND
The City has been awarded a Small Community Drought Relief Program Grant from the Department of Water Resources and proposes to build a new municipal groundwater well with funding from the grant on the west side of the City. As of 2022, the City serves residential, commercial and industrial users through 2,160 service connections. The water system is currently supplied by six (6) existing groundwater wells, each with a pumping capacity of between 310 and 1,700 gallons per minute. The synthetic organic contaminant 1,2,3-trichloropropane (TCP) has been detected in five (5) of the six (6) water supply wells. Wells numbered 4, 5A, 6, and 8A have experienced individual TCP detections at, or greater than, the maximum contaminant level value but have not yet violated the standard which is based on a running annual average of measurements. Well No. 7 has TCP levels greater than the allowable standard and the City is in the process of designing a water treatment facility to remove TCP from Well No. 7. With the exception of the presence of TCP at Well No. 7, the water produced by the City’s supply wells currently meets all drinking water standards.

Well No. 9 will provide a second water supply to the west side of the City which will improve water resiliency for the community as a whole and redundancy for this area, specifically, in the event that the existing well is down for any number for reasons including declining water levels due to drought. This project does not include water treatment equipment. However, there is space reserved on site to accommodate for future water treatment equipment, if required. 163
Section 8, Item J.

February 6, 2024
The project would allow for the construction of a new groundwater well for the City of Fowler.

The groundwater well is intended to supplement the City’s water supply system and provide additional drought resiliency for the City. The project would be designed to produce a minimum desired 1,200 gallons per minute consistent with the existing City well production yields in the area and would increase the City’s potable water supply. Upon completion of well drilling and necessary zone testing it is expected that the well would be constructed at a depth of approximately 720 feet. The well will be drilled and constructed to comply with the requirements of the State Water Resources Control Board Division of Drinking Water.

The new groundwater well will be constructed on an approximately 0.5-acre site owned by the City in southwest Fowler, at the northeastern corner of the intersection of East South Avenue and Stanford Avenue. The site is comprised of two underlying parcels – Assessor’s Parcel Number 343-280-60 & -61 (see Attachment 1). While the site is currently planned Low Density Residential by the City’s General Plan land use map and designated R-1-10 (One Family Residential – 10,000 square foot lots) on the City’s official zoning map, the site has historically been utilized as a stormwater retention pond (see Attachments 2 and 3). The pond will be backfilled and graded prior to well construction activities. The backfilling of the pond would not affect the City’s ability to collect and permeate stormwater in the area of the project. Pursuant to Government Code Section 53091, subdivision (e), the City’s zoning ordinance shall not apply to the location or construction of facilities for the production, generation, storage, treatment, or transmission of water and therefore the site is suitable for the proposed use. The project’s site plan is contained herein as Attachment 4.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda. The project has met all of the noticing requirements for which it is subject to under the California Environmental Quality Act (CEQA), described in further detail below. The Notice of Intent to Adopt a Mitigated Negative Declaration was provided via [see 14 CCR § 15072, subd. (b)] providing notice of the public hearing for this project. (14 CCR § 15072, subd. (b)).

ENVIRONMENTAL REVIEW
The Fowler Well No. 9 Project has been reviewed for compliance with CEQA. As a result, the City has prepared an Initial Study assessing the project’s potential to impact the environment.

After consideration, the City has determined that a Mitigated Negative Declaration (MND) is the appropriate level of environmental review necessary for the project.

An MND has been prepared pursuant to the requirements of CEQA (Pub. Res. Code § 21000, et seq.) to analyze potential direct, indirect, and cumulative impacts of the project on the environment (see Attachment 5). The MND is required to disclose any potentially significant impacts of the project, and the feasible mitigation measures that would reduce such impacts to a less than significant level.

The project has not been found to have the potential to result in significant and unavoidable impacts, however four (4) resources could potentially face significant impacts without the implementation of mitigation measures. These four (4) resources include: Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources. Appropriate and feasible 164
Section 8, Item J.

February 6, 2024
mitigation measures have been included within the MND that will diminish the impact of the project on these resources to a less than significant level (See Table 5-1 of Attachment 5).

The public, including special districts and public agencies, were given a 30-day public review and comment period, allowing for input to be provided on the MND (14 CCR § 15073, subd. (a)).

The comment period began December 13, 2023, and ended on January 12, 2024, and the MND was posted to the State Clearinghouse (State Clearinghouse No. 2023120334).

During the public comment period, the City received two (2) comment letters – one from the San Joaquin Valley Air Pollution Control District (received January 11, 2024), and one from the State Water Resources Control Board’s Division of Drinking Water (received January 12, 2024). The City has drafted responses to the two comments letters, as contained in Attachment 6.

Revisions to the MND based on comments provided, if necessary, have been incorporated into the MND, depicted via strikethrough and underline. None of the revisions to the MND have resulted in a new significant impact or a substantial addition to a significant impact which was previously identified (14 CCR § 15074). The mitigation measures included in the MND prior to revisions remain appropriate and applicable to reduce all potentially significant impacts of the project.

GENERAL PLAN CONSISTENCY
This action is consistent with the following General Plan Policies and Goals:

General Plan Goal CH-4
Public facilities are equitably distributed throughout the community.

General Plan Policy SAF-13
Conserve and, where feasible, create or restore areas providing water quality benefits such as undeveloped open space areas, basins, and drainage canals.

General Plan Policy SAF-14
Maintain the domestic water system in accordance with appliable water quality standards.

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

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

General Plan Policy PF-12
Ensure adequate water supplies are available for fire suppression throughout the City and require development to construct all necessary fire suppression infrastructure and equipment.

General Plan Policy PF-16
Design and construct water system infrastructure as needed to meet current and future water demands and system requirements.
165
Section 8, Item J.

February 6, 2024
General Plan Policy PF-21
Protect groundwater resources within the planning area. This includes protecting the occurrence of groundwater recharge, as well as the quality and quantity of available groundwater resources.

FISCAL IMPACT
The grant awarded to the City was given in an amount to cover the entirety of the project at that time. The expenditure of any publics funds would only result in the case that inflationary costs have caused the cost of the project to increase over the amount awarded.

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

Attachments
- Attachment 1: Aerial Map
- Attachment 2: General Plan Land Use Map
- Attachment 3: Zoning Map
- Attachment 4: Site Plan
- Attachment 5: City of Fowler Well No. 9 Mitigated Negative Declaration - Attachment 6: Response to Comments on Mitigated Negative Declaration - Attachment 7: Resolution No. 2705
166
Section 8, Item J.

February 6, 2024
Attachment 1: Aerial Map
167
Section 8, Item J.

February 6, 2024
Attachment 2: General Plan Land Use Map
168
Section 8, Item J.

February 6, 2024
Attachment 3: Zoning Map
169
Section 8, Item J.

February 6, 2024
Attachment 4: Site Plan
170
Section 8, Item J.

February 6, 2024
Attachment 5: City of Fowler Well No. 9 Mitigated Negative Declaration 171
Section 8, Item J.

WELL NO. 9

FINAL INITIAL STUDY/MITIGATED NEGATIVE

DECLARATION
DECEMBER 2023
SCH No. 2023120334
PREPARED FOR:

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

Provost & Pritchard Consulting Group
172
Section 8, Item J.

City of Fowler
Well No. 9
December 2023 i

TABLE OF CONTENTS
Chapter 1 Introduction .................................................................................................................................... 1-1

1.1 Regulatory Information ......................................................................................................................... 1-1

1.2 Document Format ................................................................................................................................. 1-1 Chapter 2 Project Description ......................................................................................................................... 2-1

2.1 Project Background ............................................................................................................................... 2-1 Project Title .................................................................................................................. 2-1 Lead Agency Name and Address ................................................................................. 2-1 Contact Person and Phone Number ........................................................................... 2-1 Project Location ........................................................................................................... 2-1 General Plan Designation and Zoning ......................................................................... 2-1 Description of Project .................................................................................................. 2-1 Site and Surrounding Land Uses and Setting .............................................................. 2-3 Other Public Agencies Whose Approval May Be Required ........................................ 2-3 Consultation with California Native American Tribes ................................................ 2-3 Chapter 3 Determination ................................................................................................................................ 3-1

3.1 Potential Environmental Impacts ......................................................................................................... 3-1

3.2 Determination ....................................................................................................................................... 3-2 Chapter 4 Environmental Impact Analysis...................................................................................................... 4-1

4.1 Aesthetics ............................................................................................................................................... 4-1 Baseline Conditions ...................................................................................................... 4-1 Impact Analysis............................................................................................................. 4-2

4.2 Agriculture and Forestry Resources ..................................................................................................... 4-4 Baseline Conditions ...................................................................................................... 4-4 Impact Analysis............................................................................................................. 4-4

4.3 Air Quality .............................................................................................................................................. 4-7 Baseline Conditions ...................................................................................................... 4-7 Applicable Regulations ................................................................................................. 4-7 Thresholds .................................................................................................................... 4-8 Impact Analysis........................................................................................................... 4-10

4.4 Biological Resources ............................................................................................................................ 4-11 Baseline Conditions .................................................................................................... 4-11 Applicable Regulations ............................................................................................... 4-17 173
Section 8, Item J.

City of Fowler
Well No. 9
December 2023 ii
Impact Analysis........................................................................................................... 4-20 Mitigation ................................................................................................................... 4-22

4.5 Cultural Resources ............................................................................................................................... 4-23 Baseline Conditions .................................................................................................... 4-23 Impact Analysis........................................................................................................... 4-24 Mitigation ................................................................................................................... 4-24

4.6 Energy .................................................................................................................................................. 4-25 Baseline Conditions .................................................................................................... 4-25 Impact Analysis........................................................................................................... 4-25

4.7 Geology and Soils ................................................................................................................................ 4-26 Baseline Conditions .................................................................................................... 4-26 Impact Analysis........................................................................................................... 4-28 Mitigation ................................................................................................................... 4-29

4.8 Greenhouse Gas Emissions ................................................................................................................. 4-30 Baseline Conditions .................................................................................................... 4-30 Thresholds .................................................................................................................. 4-31 Impact Analysis........................................................................................................... 4-31

4.9 Hazards and Hazardous Materials ...................................................................................................... 4-33 Baseline Conditions .................................................................................................... 4-33 Impact Analysis........................................................................................................... 4-34

4.10 Hydrology and Water Quality ........................................................................................................... 4-36 Baseline Conditions .................................................................................................... 4-36 Applicable Regulations ............................................................................................... 4-37 Impact Analysis........................................................................................................... 4-40

4.11 Land Use and Planning ...................................................................................................................... 4-43 Baseline Conditions .................................................................................................... 4-43 Impact Analysis........................................................................................................... 4-43

4.12 Mineral Resources ............................................................................................................................. 4-44 Baseline Conditions .................................................................................................... 4-44 Impact Analysis........................................................................................................... 4-44

4.13 Noise .................................................................................................................................................. 4-46 Baseline Conditions .................................................................................................... 4-46 Applicable Regulations ............................................................................................... 4-46 Impact Analysis........................................................................................................... 4-47

4.14 Population and Housing .................................................................................................................... 4-50 174
Section 8, Item J.

City of Fowler
Well No. 9
December 2023 iii
Baseline Conditions .................................................................................................... 4-50 Impact Analysis........................................................................................................... 4-50

4.15 Public Services ................................................................................................................................... 4-51 Baseline Conditions .................................................................................................... 4-51 Impact Analysis........................................................................................................... 4-52

4.16 Recreation .......................................................................................................................................... 4-53 Baseline Conditions .................................................................................................... 4-53 Impact Analysis........................................................................................................... 4-53

4.17 Transportation ................................................................................................................................... 4-54 Baseline Conditions .................................................................................................... 4-54 Impact Analysis........................................................................................................... 4-54

4.18 Tribal Cultural Resources .................................................................................................................. 4-56 Baseline Conditions .................................................................................................... 4-56 Applicable Regulations ............................................................................................... 4-57 Impact Assessment .................................................................................................... 4-58 Mitigation ................................................................................................................... 4-58

4.19 Utilities and Service Systems ............................................................................................................ 4-59 Baseline Conditions .................................................................................................... 4-59 Impact Analysis........................................................................................................... 4-60

4.20 Wildfire .............................................................................................................................................. 4-61 Baseline Conditions .................................................................................................... 4-61 Impact Analysis........................................................................................................... 4-61

4.21 CEQA Mandatory Findings of Significance ....................................................................................... 4-63 Statement of Findings ................................................................................................ 4-63 Chapter 5 Mitigation, Monitoring, and Reporting Program .......................................................................... 5-1 Chapter 6 References ...................................................................................................................................... 6-1

LIST OF APPENDICES
Appendix A: CalEEMod Output Files .............................................................................................................. A-1 Appendix B: Biological Evaluation ................................................................................................................... B-1 Appendix C: Phase I Survey ............................................................................................................................. C-1 175
Section 8, Item J.

City of Fowler
Well No. 9
December 2023 iv

LIST OF FIGURES
Figure 2-1: Regional Location .......................................................................................................................... 2-4 Figure 2-2: Aerial of Project Site ..................................................................................................................... 2-5 Figure 2-3: Site Plan ......................................................................................................................................... 2-6 Figure 2-4: Topo Quad ..................................................................................................................................... 2-7 Figure 2-5: General Plan Land Use Designation Map .................................................................................... 2-8 Figure 2-6: Zone District Map.......................................................................................................................... 2-9 Figure 4-1: Farmland Designation ................................................................................................................... 4-6 Figure 4-2: FEMA............................................................................................................................................ 4-42

LIST OF TABLES
Table 2-1: Existing Uses, General Plan Designation, & Zone Districts of Surrounding Properties .............. 2-3 Table 4-1: Aesthetics Impacts ......................................................................................................................... 4-1 Table 4-2: Agriculture and Forest Impacts ..................................................................................................... 4-4 Table 4-3: Air Quality Impacts ......................................................................................................................... 4-7 Table 4-4: Summary of Ambient Air Quality Standards and Attainment Designation ................................. 4-9 Table 4-5: Biological Resources Impacts....................................................................................................... 4-11 Table 4-6. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity ............... 4-13 Table 4-7. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity .................. 4-15 Table 4-8: Cultural Resources Impacts ......................................................................................................... 4-23 Table 4-9: Energy Impacts ............................................................................................................................. 4-25 Table 4-10: Geology and Soils Impacts ......................................................................................................... 4-26 Table 4-11: Greenhouse Gas Emissions Impacts.......................................................................................... 4-30 Table 4-12: Hazards and Hazardous Materials Impacts............................................................................... 4-33 Table 4-13: Hydrology and Water Quality Impacts ...................................................................................... 4-36 Table 4-14: Land Use and Planning Impacts ................................................................................................. 4-43 Table 4-15: Mineral Resources Impacts ....................................................................................................... 4-44 Table 4-16: Noise Impacts ............................................................................................................................. 4-46 Table 4-17: Noise Level Standards ................................................................................................................ 4-47 Table 4-18: Typical Construction Noise Levels ............................................................................................. 4-48 Table 4-19: Population and Housing Impacts............................................................................................... 4-50 Table 4-20: Public Services ............................................................................................................................ 4-51 Table 4-21: Recreation Impacts .................................................................................................................... 4-53 Table 4-22: Transportation Impacts.............................................................................................................. 4-54 Table 4-23: Tribal Cultural Resources Impacts ............................................................................................. 4-56 Table 4-24: Utilities and Service Systems Impacts ....................................................................................... 4-59 Table 4-25: Wildfire Impacts ......................................................................................................................... 4-61 Table 4-26: CEQA Mandatory Findings of Significance ................................................................................ 4-63 Table 5-1: Mitigation, Monitoring, and Reporting Program .......................................................................... 5-2 176
Section 8, Item J.

City of Fowler
Well No. 9
December 2023 i

ACRONYMS AND ABBREVIATIONS
AB ................................................................................................................................................. Assembly Bill AF ....................................................................................................................................................... Acre Feet APE .................................................................................................................................. Area of PotentiaEffect ASM ................................................................................................................................................ ASM Affiliates BMP ........................................................................................................................ Best Management Practices BO ......................................................................................................................................... Biological Opinion CalEEMod ............................................................................... California Emissions Estimator Model (software) CalGEM .................................................................................California Geologic Energy Management Division CARB .................................................................................................................... California Air Resources Board CCAA ................................................................................................................................. California Clean Air Act CDFW ................................................................................................ California Department of Fish and Wildlife CEQA .......................................................................................................... California Environmental Quality Act CESA .............................................................................................................. California Endangered Species Act CFR ........................................................................................................................ Code of Federal Regulations CGS ........................................................................................................................ California Geological Survey CH4 ........................................................................................................................................................ Methane CHRIS ................................................................................. California Historical Resources Information System CID .................................................................................................................... Consolidated Irrigation District City ................................................................................................................................................ City of Fowler CNDDB .......................................................................................................California Natural Diversity Database CNPS ..................................................................................................................... California Native Plant Society CO ....................................................................................................................................... Carbone Monoxide CO2 ............................................................................................................................................. Carbon Dioxide County ....................................................................................................................................... County of Fresno CVFPP.......................................................................................................... Central Valley Flood Protection Plan dBA ..................................................................................................................................... A-weighted Decibels DDW ............................................................................................................(SWRCB) Division of Drinking Water DTSC ................................................................................................... Department of Toxic Substances Control DWR ................................................................................................................. Department of Water Resources ECOS ............................................................................... (USFWS) Environmental Conservation Online System EIR ......................................................................................................................Environmental Impact Report 177
Section 8, Item J.

City of Fowler
Well No. 9
December 2023 ii
EPA ............................................................................................................... Environmental Protection Agency ESA ............................................................................................................................... Endangered Species Act FEMA ................................................................................................. Federal Emergency Management Agency FMMP ........................................................................................... Farmland Mapping and Monitoring Program FTA .................................................................................................................... Federal Transit Administration GAMAQI ...................................................................... Guide for Assessing and Mitigating Air Quality Impacts GHG ........................................................................................................................................... Greenhouse Gas GIS .................................................................................................................. Geographic Information System gpm ....................................................................................................................................... Gallons Per Minute GSA ............................................................................................................ Groundwater Sustainability Agency GSP ................................................................................................................. Groundwater Sustainability Plan IS ................................................................................................................................................... Initial Study IS/MND ..........................................................................................Initial Study/Mitigated Negative Declaration MBTA ............................................................................................................................Migratory Bird Treaty Act mgd ................................................................................................................................ Million Gallons per Day MMRP ........................................................................................ Mitigation Monitoring and Reporting Program MND ................................................................................................................... Mitigated Negative Declaration MRZ ................................................................................................................................ Mineral Resource Zone NAAQS .................................................................................................. National Ambient Air Quality Standards NAHC ...................................................................................................... Native American Heritage Commission ND .................................................................................................................................... Negative Declaration NEPA .............................................................................................................. National Environmental Policy Act NMFS ............................................................................................................. National Marine Fisheries Service NO2 ........................................................................................................................................... Nitrogen Dioxide NOX ............................................................................................................................................ Nitrogen Oxides NPDES ....................................................................................National Pollutant Discharge Elimination System NPPA .......................................................................................................................... Native Plant Protection Act NRCS .................................................................................................... Natural Resources Conservation Service O3 ............................................................................................................................................................ Ozone Pb ............................................................................................................................................................... Lead PG&E ................................................................................................................................ Pacific Gas and Electric PM10 ......................................................................................................... Particulate Matter 10 Microns in Size PM2.5 ........................................................................................................ Particulate Matter 2.5 Microns in Size ppb ........................................................................................................................................... Parts per Million 178
Section 8, Item J.

City of Fowler
Well No. 9
December 2023 iii
ppm ........................................................................................................................................... Parts per Million Project ........................................................................................................................... City of Fowler Well No.9 ROG ................................................................................................................................ Reactive Organic Gases RWQCB .................................................................................................... Regional Water Quality Control Board SB ..................................................................................................................................................... Senate Bill SFHA ............................................................................................................................Special Flood Hazard Area SGMA ............................................................................................. Sustainable Groundwater Management Act SJVAB ........................................................................................................................ San Joaquin Valley Air Basin SJVAPCD................................................................................... San Joaquin Valley Air Pollution Control District SKGSA ...................................................................................... South Kings Groundwater Sustainability Agency SO2 ................................................................................................................................................ Sulfur Dioxide SSJVIC ...................................................................................... Southern San Joaquin Valley Information Center SR ................................................................................................................................................... State Route SWPPP ................................................................................................... Storm Water Pollution Prevention Plan SWRCB ..................................................................................................... State Water Resources Control Board TAC ................................................................................................................................ Toxic Air Contaminants TCP ................................................................................................................................. 1,2,3-trichloropropane TPY ................................................................................................................................................ Tons per Year USC ....................................................................................................................................... United States Code USDA ................................................................................................... United States Department of Agriculture USFWS .................................................................................................... United States Fish and Wildlife Service UST .......................................................................................................................... Underground Storage Tank μg/m3 ...................................................................................................................... Micrograms per Cubic Meter 179
Section 8, Item J.

Chapter 1: Introduction
Well No. 9
December 2023 1-1
CHAPTER 1 INTRODUCTION
Provost & Pritchard Consulting Group (Provost & Pritchard) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Fowler (City) to address the environmental effects of the Well No. 9 Project (Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. The City is the CEQA lead agency for this Project.

The site and the Project are described in detail in Chapter 2 Project Description.

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

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

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

1.2 DOCUMENT FORMAT
This IS/MND contains six chapters. Chapter 1 Introduction, provides an overview of the Project and the CEQA process. Chapter 2 Project Description, provides a detailed description of proposed Project components and objectives. Chapter 3 Determination, contains the Lead Agency’s determination based upon this initial evaluation. Chapter 4 Environmental Impact Analysis presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible mitigation measures. If the Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 5 Mitigation, Monitoring, and Reporting Program (MMRP), 180
Section 8, Item J.

Chapter 1: Introduction
Well No. 9
December 2023 1-2
provides the proposed mitigation measures, implementation timelines, and the entity/agency responsible for ensuring implementation. ReferencesChapter 6 References details the documents and reports this document relies upon to provide its analysis.

The CalEEMod Output Files, Biological Evaluation, and Phase I Survey, are provided as technical Appendix A, Appendix B, and Appendix C, respectively, at the end of this document. 181
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-1
CHAPTER 2 PROJECT DESCRIPTION

2.1 PROJECT BACKGROUND
Project Title
City of Fowler Well No. 9
Lead Agency Name and Address
City of Fowler
128 S. 5th Street
Fowler, CA 93625
Contact Person and Phone Number
Lead Agency Contact
Dawn E. Marple, City Planner
559-834-3113, ext. 122
[email protected]
CEQA Consultant
Provost & Pritchard Consulting Group
Amy Wilson, Senior Planner
(559) 636-1166
Project Location
The Project is located in the City of Fowler in central Fresno County, approximately 170 miles south of Sacramento and 150 miles north of Bakersfield (see Figure 2-1). It is on the northeast corner of E. South Avenue & Stanford Avenue (Assessor’s Parcel Numbers 343-280-60 & 343-280-61), approximately 0.45 miles west of State Route 99 (SR 99).

General Plan Designation and Zoning
Project Area General Plan Designation Zoning District
ONSITE Low Density Residential R-1-10
ADJACENT LANDS Low Density Residential R-1-10, AE-20
Description of Project
Project Background and Purpose
The City has been awarded a Small Community Drought Relief Program Grant from the Department of Water Resources (DWR) and proposes to build a new municipal groundwater well with funding from the grant on the west side of the City. As of 2022 the City serves residential, commercial and industrial users 182
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-2
through 2,160 service connections. The water system is currently supplied by six existing groundwater wells, each with a pumping capacity of between 310 and 1,700 gallons per minute (gpm). The synthetic organic contaminant 1,2,3-trichloropropane (TCP) has been detected in five of the six water supply wells.

Wells 4, 5A, 6, and 8A have experienced individual TCP detections at, or greater than the maximum contaminant level (MCL) value but have not yet violated the standard, which is based on a running annual average of measurements. Well 7 has TCP levels greater than the allowable standard and the City is in the process of designing a water treatment facility to remove TCP from Well 7. With the exception of the presence of TCP at Well 7, the water produced by the City’s supply wells currently meets all drinking water standards. Well No. 9 will provide a second water supply to the west side of the City which improves water resiliency for the community as a whole and redundancy for this area, specifically, in the event the existing well is out of for any number for reasons including declining water levels due to drought. This project does not include water treatment equipment; however, there is space reserved on site to accommodate for future treatment equipment, if required.

Project Description
The Project would allow for the construction of a new groundwater well for the City of Fowler. The groundwater well is intended to supplement the City’s water supply system and provide additional drought resiliency for the City. The Project, which would be designed to produce a minimum desired 1,200 gpm that is consistent with the existing City production well yields in the area, would increase the City’s potable water supply. Upon completion of well drilling and necessary zone testing it is expected that the well would be constructed at a depth of approximately 720 feet. The well will be drilled and constructed to comply with the requirements of the State Water Resources Control Board- Division of Drinking Water (DDW).

The new groundwater well will be constructed on an approximately 0.5-acre site owned by the City in southwest Fowler. The Project site is currently two parcels that will be merged into one lot prior to Project construction. The site was previously utilized as a stormwater retention pond, the pond will be backfilled and graded prior to well construction activities.

For purposes of biological and cultural surveys, the Area of Potential Effect (APE) includes the approximately 0.5-acre property and an additional 50-foot buffer to include the large trees adjacent to the property. The total area of the APE is approximately 1.4 acres and can be seen in Appendix B, Figure 3.

Construction Schedule
Construction duration of the Project is anticipated to be 17 months, occurring approximately from January 2024 to May 2025. The Project will begin with the clearing, grubbing, and backfilling of the existing, unused stormwater retention pond, lasting approximately one month. The test hole mobilization, drilling, and lab testing will follow, lasting approximately two months. Next will be the production well construction lasting approximately 2 months. After the drilling and production well construction phases are complete, the site improvements and equipment will be constructed and installed. All phases include inspections and site cleanup. Construction equipment will likely include a drilling rig, excavators, backhoes, graders, skid steers, loaders, and hauling trucks. During construction, measures to minimize noise impacts will include installing temporary sound barriers and providing advance communication to residents that may be affected by construction activities.

Generally, construction will occur between the hours of 7am and 5pm, Monday through Friday, excluding holidays. It is anticipated that well drilling and well construction will take between 12 to 16 weeks and during drilling activity 24/7 operation will be required at various points. A special permit, pursuant to Chapter 21, Article 6, Section 5-21.601 of the Fowler Noise Ordinance, would be obtained by the City to 183
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-3
allow for the continuous drilling. Construction will require temporary staging and storage of materials and equipment. Staging areas will be located onsite.

Operation and Maintenance
Operation and maintenance of the new groundwater well will be performed by the City of Fowler’s existing Public Works staff.

Site and Surrounding Land Uses and Setting
Table 2-1: Existing Uses, General Plan Designation, & Zone Districts of Surrounding Properties Direction from Project
Site Existing Use General Plan Designation Zone District NORTH Residential Low Density Residential R-1-10
EAST Residential Low Density Residential R-1-10
SOUTH Residential Low Density Residential AE-20 (Fresno County) WEST Residential Low Density Residential R-1-10
Other Public Agencies Whose Approval May Be Required
 State Water Resources Control Board – Division of Drinking Water  San Joaquin Valley Air Pollution Control District
Consultation with California Native American Tribes
Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14)) requires that a lead agency, within 14 days of determining that it will undertake a project, must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement will be made.

The City of Fowler has received written correspondence from the Santa Rosa Rancheria Tachi Yokut Tribe pursuant to Public Resources Code Section 21080.3.1 requesting notification of proposed project. 184
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-4
Figure 2-1: Regional Location
185
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-5
Figure 2-2: Aerial of Project Site
186
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-6
Figure 2-3: Site Plan
187
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-7
Figure 2-4: Topo Quad
188
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-8
Figure 2-5: General Plan Land Use Designation Map
189
Section 8, Item J.

Chapter 2: Project Description
Well No. 9
December 2023 2-9
Figure 2-6: Zone District Map
190
Section 8, Item J.

Chapter 3: Determination
Well No. 9
December 2023 3-1
CHAPTER 3 DETERMINATION

3.1 POTENTIAL ENVIRONMENTAL IMPACTS
As indicated by the discussions of existing and baseline conditions, and impact analyses that follow in this Chapter, environmental factors not checked below would have no impacts or less than significant impacts resulting from the Project. Environmental factors that are checked below would have potentially significant impacts resulting from the Project. Mitigation measures are recommended for each of the potentially significant impacts that would reduce the impact to less than significant.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology / Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire Mandatory Findings of Significance
The analyses of environmental impacts in Chapter 4 Impact Analysis result in an impact statement, which shall have the following meanings.

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

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

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

No Impact. This category applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show that the impact does not apply to the specific project (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 191
Section 8, Item J.

Chapter 3: Determination
Well No. 9
December 2023 3-2

3.2 DETERMINATION
On the basis of this initial evaluation (to be completed by the Lead Agency):

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets.

An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. _______________________________________ _____________________________ Signature Date
_______________________________________
Printed Name/Position
192
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-1
CHAPTER 4 ENVIRONMENTAL IMPACT

ANALYSIS

4.1 AESTHETICS
Table 4-1: Aesthetics Impacts
Except as provided in Public Resources
Code Section 21099, would the project:

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

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

The site would be visible from the nearby residences to the north, east and west. The Project lies within an area designated as low density residential. The surrounding area is considered low density, with agricultural land containing one single-family residence to the south of the Project site. There are no scenic vistas on the Project site or in the vicinity. There are no designated State scenic highways within the City or surrounding area. In Fresno County, a portion of State Route 180 (SR 180) has been officially identified by Caltrans as a “designated State Scenic Highway”; however, that segment is approximately 15 miles northeast of the Project site.
193
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-2
Impact Analysis
a) Have substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
a-b) Less than Significant Impact. The City of Fowler does not identify any scenic vistas within the Project site. The Project is expected to adhere to local design guidelines and standards which will minimize any visual impact. In addition, most of the water well features are underground.

The Project site is within an area comprised of agricultural uses to the south and residential uses to the north, west, and east. There are no other scenic vistas or other protected scenic resources on or near the site. The visual character of the site is addressed further in Response C below.

There are no State designated scenic highways within proximity to the Project site. Caltrans’ Scenic Highway Mapping System identifies a segment of SR 180 from near Minkler to near the General Grant section of Kings Canyon National Park as an Officially Designated State Scenic Highway.1 This is the nearest scenic highway and is located approximately 15 miles northeast of the Project site. Additionally, the Project would not damage any trees, rock outcroppings or historic buildings within a State scenic highway corridor.

Construction activities associated with the Project will be visible from adjacent roadsides; however, the construction would be temporary in nature and will not affect a scenic vista. Therefore, the Project will have a less than significant impact on scenic vistas or designated scenic resources or highways. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. The Project would result in minor alteration of the existing visual character of public views of the site with the addition of minimal structures; however, most of the Project components are located underground. Above-ground structures will consist of the wellhead, pump, and related appurtenances. The Project will not be inconsistent with the existing visual setting of the area.

The improvements proposed by the Project are typical of City public facility areas and are generally expected from residents of the City. The Project itself is not visually imposing against the scale of the existing surrounding area and would comply with zoning and regulations for groundwater-well-related construction. Furthermore, the well site will be screened in the same manner as other well sites located in residential neighborhoods in the City. The screening involves a six-foot minimum CMU block wall and landscaping which will obscure the view to wellsite equipment.

Therefore, the Project would have a less than significant impact on the visual character of the area. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. Current sources of light near the Project site include streetlights, vehicles traveling along surrounding roadways and residential lighting in the area. The Project lighting will follow Title 24 and City standards and will implement a full cutoff design that will be conducive for surrounding 1 (California Department of Transportation 2023)
194
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-3
properties. Design will take into consideration the surrounding properties and minimize light onto said properties. Accordingly, potential impacts would be considered less than significant. 195
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-4

4.2 AGRICULTURE AND FORESTRY RESOURCES
Table 4-2: Agriculture and Forest Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps
prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest
use?
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?
Baseline Conditions
The Project is located in California’s central San Joaquin Valley in Fresno County and more specifically within the City of Fowler. Fresno County is located within California’s agricultural heartland. In 2019, Fresno County ranked as the top agricultural county in the State in the annual market value of farm products.2 The Farmland Mapping and Monitoring Program (FMMP) for Fresno County designates the Project site as Urban and Built-up Land.3 The Project site is not considered farmland and is not farmed.

Impact Analysis
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
2 (California Department of Food and Agriculture, 2020) 3 (Calfornia Department of Conservation 2022)
196
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-5
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? a-e) No Impact. There are no agricultural resources or forest lands present on the Project site. The site is currently vacant but was previously utilized by the City as a stormwater retention pond. The Project consists of constructing a groundwater well and associated infrastructure. The Project would not conflict with the City of Fowler’s land use designations upon approval. The site location is considered Urban and Built-up Land by the FMMP. Accordingly, the Project would not convert prime farmland, conflict with an existing agricultural use, or result in the conversion of existing farmland. Additionally, no Williamson Act contracted lands would be impacted due to the Project, and the Project site is not subject to a Williamson Act contract. Therefore, the Project would have no impact on agricultural and forest resources. 197
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-6
Figure 4-1: Farmland Designation
198
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-7

4.3 AIR QUALITY
Table 4-3: Air Quality Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
Baseline Conditions
The Project site is a vacant site surrounded by single-family residential and agricultural land uses.

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

The United States Environmental Protection Agency (EPA) designates areas for ozone (O3), carbon monoxide (CO), and nitrogen dioxide (NO2) as “does not meet the primary standards,” “cannot be classified,” or “better than national standards.” For sulfur dioxide (SO2), areas are designated as “does not meet the primary standards,” “does not meet the secondary standards,” “cannot be classified,” or “better than national standards.” However, the CARB terminology of attainment, nonattainment, and unclassified is more frequently used. The EPA uses the same sub-categories for nonattainment status: serious, severe, and extreme. In 1991, the EPA assigned new nonattainment designations to areas that had previously been classified as Group I, II, or III for particulate matter less than 10 microns in diameter (PM10) based on the likelihood that they would violate national PM10 standards. All other areas are designated “unclassified.” The State and national attainment status designations pertaining to the San Joaquin Valley Air Basin (SJVAB) are summarized in Table 1. The SJVAB is currently designated as a nonattainment area with respect to the 199
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-8
State PM10 standard, ozone, and fine particulate matter 2.5 microns in size (PM2.5) standards. The SJVAB is designated nonattainment for the National Ambient Air Quality Standards (NAAQS) 8-hour ozone and PM2.5 standards. On September 25, 2008, the EPA re-designated the San Joaquin Valley to attainment status for the PM10 NAAQS and approved the PM10 Maintenance Plan.

Thresholds
To assist local jurisdictions in the evaluation of air quality impacts, the San Joaquin Valley Air Pollution Control District (SJVAPCD) has published the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI). This guidance document includes recommended thresholds of significance to be used for the evaluation of short-term construction, long-term operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD-recommended thresholds of significance are used to determine whether implementation of the proposed Project would result in a significant air quality impact.

Projects that exceed these recommended thresholds would be considered to have a potentially significant impact on human health and welfare. The thresholds of significance are summarized, as follows:

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

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

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

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

Conflict with or Obstruct Implementation of Applicable Air Quality Plan: Due to the region’s nonattainment status for O3, PM2.5, and PM10, if the project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NOX) or PM10 would exceed the SJVAPCD’s significance thresholds, then the project would be considered to conflict with the attainment plans. In addition, if the project would result in a change in land use and corresponding increases in vehicle miles traveled, the project may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans.

Local Mobile-Source CO Concentrations: Local mobile source impacts associated with the proposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the California Ambient Air Quality Standards (i.e., 9.0 ppm for 8 hours or 20 ppm for 1 hour).

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

Odors: Odor impacts associated with the proposed Project would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors. 200
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-9
Table 4-4: Summary of Ambient Air Quality Standards and Attainment Designation Pollutant Averaging
Time
California Standards* National Standards*
Concentration* Attainment
Status Primary AttainmentStatus
Ozone
(O3)
1-hour 0.09 ppm Nonattainment/
Severe
– No Federal
Standard
8-hour 0.070 ppm Nonattainment 0.075 ppm Nonattainment
(Extreme)**
Particulate
Matter
(PM10)
AAM 20 μg/m3 Nonattainment – Attainment
24-hour 50 μg/m3 150 μg/m3
Fine Particulate
Matter (PM2.5)
AAM 12 μg/m3 Nonattainment 12 μg/m3 Nonattainment
24-hour No Standard 35 μg/m3
Carbon
Monoxide
(CO)
1-hour 20 ppm Attainment/
Unclassified
35 ppm Attainment/
8-hour 9 ppm 9 ppm Unclassified
8-hour
(Lake Tahoe)
6 ppm –
Nitrogen
Dioxide
(NO2)
AAM 0.030 ppm Attainment 53 ppb Attainment/
1-hour 0.18 ppm 100 ppb Unclassified
Sulfur Dioxide
(SO2)
AAM – Attainment -- Attainment/
24-hour 0.04 ppm -- Unclassified
3-hour – 0.5 ppm
1-hour 0.25 ppm 75 ppb
Lead (Pb) 30-day Average 1.5 μg/m3 Attainment – No
Designation/
Classification
Calendar Quarter – --
Rolling 3-Month
Average
– 0.15 μg/m3
Sulfates (SO4) 24-hour 25 μg/m3 Attainment No Federal Standards Hydrogen
Sulfide (H2S)
1-hour 0.03 ppm
(42 μg/m3)
Unclassified
Vinyl Chloride
(C2H3Cl)
24-hour 0.01 ppm
(26 μg/m3)
Attainment
VisibilityReducing
Particle Matter
8-hour Extinction coefficient:

0.23/km-visibility of
10 miles or more due
to particles when the
relative humidity is
less than 70%.

Unclassified
* For more information on standards visit: https://ww3.arb.ca.gov/research/aaqs/aaqs2.pdf ** No Federal 1-hour standard. Reclassified extreme nonattainment for the Federal 8-hour standard. ***Secondary Standard
Source: http://www.valleyair.org/aqinfo/attainment.htm. 201
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-10
Impact Analysis
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. CEQA requires that certain projects be analyzed for consistency with the applicable air quality plan. For a project to be consistent with SJVAPCD air quality plans, the pollutants emitted from a project should not exceed the SJVAPCD emission thresholds or cause a significant impact on air quality. In addition, emission reductions achieved through implementation of offset requirements are a major component of the SJVAPCD air quality plans. As discussed below, construction of the Project would not result in the generation of criteria air pollutants that would exceed SJVAPCD thresholds of significance. Implementation of SJVAPCD Regulation VIII would further reduce construction dust impacts.

Operational emissions associated with the project would not exceed SJVAPCD established significance thresholds for ROG, NOX, CO, SOX, PM10, or PM2.5 emissions. Therefore, the Project would not conflict with or obstruct implementation of SJVAPCD air quality plans. The impact would be less than significant. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. The Project would not exceed thresholds of significance established by the SJVAPCD, as shown in Appendix A. Therefore, impacts would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The Project would require the use of diesel-powered off-road construction equipment and an on-site emergency generator should grid-supplied electricity go offline. For purposes of this review, it is assumed that the generator would operate a maximum of 100 hours per year for testing and maintenance purposes. A health risk assessment was prepared based on the on-site exhaust emissions found in Appendix A. The Project would result in a health risk of 10.22 in a million for construction emissions. Operational emissions were modeled to have a health risk of 0.14 in a million, both less than the 20 per 1 million threshold. Chronic and acute hazard indexes would be de minimis.

Therefore, the impact would be less than significant.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. Heavy-duty equipment in the project area during construction could emit odors, primarily from the equipment exhaust. However, the construction activity would cease when construction is completed. The emergency generator could generate diesel exhaust emissions during operations, but these would be temporary and short in duration.

The SJVAPCD addresses odor criteria within the GAMAQI. The District has not established a rule or standard regarding odor emissions, rather, the District has a nuisance rule, which states, “Any project with the potential to frequently expose members of the public to object able odors to be deemed to have a significant impact.” The proposed uses are not anticipated to emit any long-term objectionable odors.

Therefore, objectionable odors affecting a substantial number of people would not occur as a result of the project. There would be a less than significant impact. 202
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-11

4.4 BIOLOGICAL RESOURCES
Table 4-5: Biological Resources Impacts
Would the project:

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

The approximately 0.5-acre Project site which was previously used as a stormwater retention pond will require import of soil to fill the site and bring the site up to match the surrounding grade. The only soil identified within the Project APE was Hesperia fine sandy loam, very deep. This soil is well drained, has negligible runoff, and has moderately rapid permeability. Typical vegetation for this soil type within the San Joaquin Valley consists of sparse annual grasses. This soil is considered prime farmland if irrigated. 203
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-12
Adjacent land uses consist of residential homes and farmland. The City of Fowler is located within the Kennedy Pond watershed; Hydrologic Unit Code: 180300090206.4 The San Joaquin River and the Kings River are the two principal river systems within this watershed and the San Joaquin Valley, and the City of Fowler is located approximately 18 miles south of the San Joaquin River and 9 miles west of the Kings River. There are no tributaries or distributaries located within the site boundaries or adjacent to the site.

A search of the CNDDB for published accounts of special status plant and animal species was conducted for the Conejo 7.5-minute quadrangle that contains the APE in its entirety, and for the 8 surrounding quadrangles: Caruthers, Fresno South, Malaga, Sanger, Selma, Burris Park, Laton, and Riverdale. These species, and their potential to occur within the Project area are listed in the tables on the following pages.

Raw data obtained from CNDDB is available in Appendix B at the end of this document. Other sources of information utilized in the preparation of this analysis included the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Vascular Plants of California, CalFlora’s online database of California native plants, the Jepson Herbarium online database (Jepson eFlora), United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System (ECOS), the NatureServe Explorer online database, the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Plants Database, CDFW California Wildlife Habitat Relationships database, ebird.org, the California Herps online database, and various manuals, reports, and references related to plants and animals of the San Joaquin Valley region.

Wildlife
The Project area consists of a vacant lot, previously utilized as a stormwater retention pond. The lot is currently enclosed by a chain-linked fence. Drainage into the pond ceased in approximately 2020, as part of construction activities for the subdivision of single-family residences to the north and east of the APE.

Since then, stormwater has not been directed into the retention pond. The APE now consists of primarily herbaceous vegetation, such as common chickweed (Stellaria media), curly dock (Rumex crispus), various grasses, hairy bittercress (Cardamine hirsuta), horseweed (Conyza canadensis), rough cocklebur (Xanthium strumarium), telegraph weed (Heterotheca grandiflora), and turkey mullein (Croton setigerus). There are several coast redwoods (Sequoia sempervirens) on the south and west sides of the APE.

The soil in the bed of the pond was especially sandy and was dominated by common tule (Schoenoplectus acutus). The common tule appeared to be under severe water stress due to lack of water in the basin.

White-crowned Sparrows (Zonotrichia leucophrys) were observed foraging within the thicket of tule.

Bird species adapted to surviving in urban environments such as American Crow (Corvus brachyrhynchos), House Finch (Carpodacus mexicanus), and Northern Mockingbird (Mimus polyglottos) were seen in the surrounding areas.

There were no active mammal burrows or signs of mammals (i.e., tracks, scat, fur, burrows) within the APE.

Evaluation of Special-Status Species Identified in the Literature Search There are no special-status species previously documented within the Study Area, but several special-status species are known to occur within an approximate five-mile radius of the Project (see Attachment A in Appendix B). Special-status species that came up on the CNPS, CNDDB, and USFWS database queries were evaluated for their potential to occur onsite. Based upon the vegetation community and habitats present onsite, there are no potentially occurring special-status plants, invertebrates, fish, amphibians, reptiles, and 4 (United States Environmental Protection Agency 2023)
204
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-13
mammals for the Project site, but does support potential nesting habitat for a few special-status birds and birds protected under the MBTA.

Table 4-6. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity Species Status Habitat Occurrence within Project Site
Blunt-nosed leopard
lizard (Gambelia sila)

FE, CE,
CFP
Inhabits semi-arid grasslands, alkali flats,
low foothills, canyon floors, large washes,
and arroyos, usually on sandy, gravelly, or
loamy substrate, sometimes on hardpan.

Often found where there are abundant
rodent burrows in dense vegetation or tall
grass. Cannot survive on lands under
cultivation. Known to bask on kangaroo
rat mounds and often seeks shelter at the
base of shrubs, in small mammal burrows,
or in rock piles. Adults may excavate
shallow burrows but rely on deeper preexisting rodent burrows for hibernation and reproduction.

Absent. Suitable habitat for this species
is absent from the APE. There is not
enough undeveloped land present to
support this species and there are no
mammal burrows within the APE to
support this species. There are no
recorded observations of this species
within the nine-quad search.

Burrowing owl
(Athene cunicularia)
CSC Resides in open, dry annual or perennial
grasslands, deserts, and scrublands with
low growing vegetation. Nests
underground in existing burrows created
by mammals, most often ground squirrels.

Absent. Suitable habitat for this species
is absent from the APE. There are no
burrows within the APE to support this
species and there are high levels of
disturbance in the area. The nearest
recorded observation of this species
occurred in non-native grassland
approximately 13.5 miles south of the
APE in 2017.

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

Absent. Suitable habitat and soil for this
species is absent from the APE. The APE
is outside of the current known range
of this species. The nearest recorded
observation of this species is from a
historical collection dated more than 80
years ago approximately seven miles
southwest of the APE.

California tiger
salamander
(Ambystoma
californiense)

FT, CT,
CWL
Requires vernal pools or seasonal ponds
for breeding and small mammal burrows
for aestivation. Generally found in
grassland and oak savannah plant
communities in central California from sea
level to 1500 feet in elevation.

Absent. Suitable habitat for this species
is absent from the APE. There are no
vernal pools for breeding or burrows
for aestivation present. The nearest
recorded extant observation of this
species occurred approximately 19.5
miles south of the APE in 1999.

Frequently found near ant hills and along
dirt roads in lowlands along sandy washes
with scattered shrubs.

Absent. Suitable habitat and soil for this
species is absent from the APE. The
only recorded observation of this
species in the nine-quad search is from
a historical collection from 130 years
ago and occurred somewhere in the
vicinity of Fresno.

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

Unlikely. The APE does not offer high
quality foraging or overwintering
habitat for this species. The nearest
recorded observation of this species is
from a historical collection dated more
than 110 years ago and occurred
205
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-14
Species Status Habitat Occurrence within Project Site
approximately four miles southeast of
the APE.

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

Absent. Suitable habitat for this species
is absent from the APE and surrounding
area. There are no burrows within the
APE to support this species. There are
no recorded observations of this
species within the nine-quad search.

Monarch butterfly
(Danaus plexippus)
FC Roosts located in wind-protected tree
groves (eucalyptus, Monterey pine,
cypress), with nectar and water sources
nearby. Larval host plants consist of
milkweeds (Asclepias sp.). Winter roost
sites extend along the coast from
northern Mendocino to Baja California,
Mexico.

Unlikely. Suitable habitat for foraging,
roosting, or depositing eggs is absent
from the APE. This species is frequently
seen in the region, but only as part of
its migration route. There are no
recorded observations of this species
within the nine-quad search.

Northern California
legless lizard
(Anniella pulchra)
CSC Found primarily underground, burrowing
in loose, sandy soil. Forages in loose soil
and leaf litter during the day. Occasionally
observed on the surface at dusk and
night.

Absent. Suitable habitat for this species
is absent from the APE. The nearest
recorded observation of this species is
a historical collection dated more than
130 years ago and occurred
somewhere in the vicinity of Fresno.

Pallid bat
(Antrozous pallidus)
CSC Found in grasslands, chaparral, and
woodlands, where it feeds on ground- and
vegetation-dwelling arthropods, and
occasionally takes insects in flight. Prefers
to roost in rock crevices, but may also use
tree cavities, caves, bridges, and other
man-made structures.

Unlikely. Suitable roosting habitat for
this species is absent from the APE.

Project activities would deter this
species from foraging near the APE. The
nearest recorded observation of this
species occurred approximately nine
miles north of the APE in 1909.

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

Absent. Suitable habitat for this species
is absent from the APE. The APE is
outside of the current known range of
this species (United States Fish &
Wildlife Service 2020). The nearest
recorded observation of this species
occurred approximately eight miles
northeast of the APE on an unknown
date in the 1880’s.

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

Possible. This species could potentially
nest within the large coast redwoods in
the APE. The nearest recorded
observation of this species occurred
approximately four miles west of the
APE in 2016.

Valley elderberry
longhorn beetle
(Desmocerus
californicus
dimorphus)
FT Lives in mature elderberry shrubs of the
Central Valley and foothills. Adults are
active from March to June.

Absent. There are no elderberry shrubs
within the APE or surrounding area. The
nearest recorded observation of this
species occurred approximately nine
miles northeast of the APE in 1998.

Vernal pool fairy
shrimp
(Branchinecta lynchi)
FT Occupies vernal pools, clear to teacolored water, in grass or mud-bottomed swales, and basalt depression pools.

Absent. Suitable habitat for this species
is absent from the APE. Vernal pools
are not present. The only recorded
observation of this species in the ninequad search occurred in vernal pools within non-native grassland
approximately 19 miles southeast of
the APE in 2017.
206
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-15
Species Status Habitat Occurrence within Project Site
Vernal pool tadpole
shrimp
(Lepidurus packardi)
FE Occurs in vernal pools, clear to teacolored water, in grass or mud-bottomed swales, and basalt depression pools.

Absent. Suitable habitat for this species
is absent from the APE. Vernal pools
are not present. The nearest recorded
observation of this species occurred
approximately 19 miles southeast of
the APE in 2017.

Western mastiff bat
(Eumops perotis
californicus)
CSC Found in open, arid to semi-arid habitats,
including dry desert washes, flood plains,
chaparral, oak woodland, open ponderosa
pine forest, grassland, and agricultural
areas, where it feeds on insects in flight.

Roosts most commonly in crevices in cliff
faces but may also use high buildings and
tunnels.

Unlikely. Suitable roosting habitat for
this species is absent from the APE.

Project activities would deter this
species from foraging near the APE. The
nearest recorded observation of this
species occurred approximately 5.5
miles west of the APE in 1958.

Western spadefoot
(Spea hammondii)
CSC Prefers open areas with sandy or gravelly
soils, in a variety of habitats including
mixed woodlands, grasslands, coastal sage
scrub, chaparral, sandy washes, lowlands,
river floodplains, alluvial fans, playas,
alkali flats, foothills, and mountains.

Vernal pools or temporary wetlands,
lasting a minimum of three weeks, which
do not contain bullfrogs, fish, or crayfish
are necessary for breeding.

Unlikely. Aquatic habitats required by
this species are absent from the APE
and surrounding area. The nearest
recorded observation of this species
occurred approximately 19 miles
southeast of the APE in 2017 in vernal
pool habitat adjacent to Cross Creek.

Western yellow-billed
cuckoo
(Coccyzus americanus
occidentalis)
FT, CE Suitable nesting habitats in California
includes dense riparian willowcottonwood and mesquite habitats along a perennial river. Once a common
breeding species in riparian habitats of
lowland California, this species currently
breeds consistently in only two locations
in the State: along the Sacramento and
South Fork Kern Rivers.

Absent. Suitable nesting habitat for this
species is absent from the APE. This
species has not been observed in the
region in over a century. The nearest
recorded observation of this species
occurred approximately 4.5 miles
southeast of the APE in 1898.

Table 4-7. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity Species Status Habitat Occurrence within Project Site
Alkali-sink goldfields
(Lasthenia
chrysantha)
CNPS 1B Found in vernal pool and wet saline flat
habitats. Occurrences documented in the
San Joaquin and Sacramento Valleys at
elevations below 656 feet. Blooms
February - April.

Absent. Suitable habitat for this species
is absent from the APE. There are no
vernal pools or saline soils present. The
nearest recorded observation of this
species occurred approximately eight
miles south of the APE in 1934 and is
listed as possibly extirpated.

Bristly sedge
(Carex comosa)
CNPS
2B
Found on lake margins and wet places in
marshes, swamps, coastal prairie, valley
grassland, and foothill grassland at
elevations between -15 and 3,300 feet.

Blooms May - September.

Unlikely. Suitable habitat for this species
is absent from the APE as the presence
of water is inconsistent. The only
recorded observation of this species in
the nine-quad search occurred in a
drainage canal approximately nine miles
east of the APE in 1989.
207
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-16
Species Status Habitat Occurrence within Project Site
Brittlescale
(Atriplex depressa)
CNPS 1B Found in the San Joaquin Valley and
Sacramento Valley in alkaline or clay soils,
typically in meadows or annual grassland
in at elevations below 1050 feet.

Sometimes associated with vernal pools.

Blooms June–October.

Absent. Suitable habitat for this species
is absent from the APE. There is no
alkaline or clay soil within the APE. The
only recorded observation of this
species in the nine-quad search
occurred approximately 12 miles south
of the APE on an unknown date.

California alkali grass
(Puccinellia simplex)
CNPS 1B Found in the San Joaquin Valley and other
parts of California in saline flats and
mineral springs within valley grassland
and wetland-riparian communities at
elevations below 3000 feet. Blooms
March–May.

Absent. Suitable habitat for this species
is absent from the APE. The only
recorded observation of this species in
the nine-quad search occurred
approximately 13.5 miles south of the
APE in 1935 and is listed as possibly
extirpated.

California jewelflower
(Caulanthus
californicus)

FE, CE,
CNPS 1B
Found in the San Joaquin Valley and
Western Transverse Ranges in sandy soils.

Occurs on flats and slopes, generally in
non-alkaline grassland at elevations
between 230 feet and 6100 feet. Blooms
February–April.

Absent. This species has not been seen
in the region in over a century. The APE
is not suitable for this species. The only
recorded observation of this species in
the nine-quad search occurred
somewhere in the vicinity of Fresno on
an unknown date and is listed as
extirpated.

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

Unlikely. This species has not been
observed in the region in over a century.

The only recorded observation of this
species in the nine-quad search
occurred somewhere in the vicinity of
Fresno in 1893.

Greene’s tuctoria
(Tuctoria greenei)

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

Absent. Suitable habitat for this species
is absent from the APE. There are no
vernal pools present within the APE. The
only recorded observation of this
species in the nine-quad search
occurred approximately 11.5 miles
northeast of the in 1954 and is listed as
extirpated.

Lesser saltscale
(Atriplex minuscula)
CNPS 1B Found in the San Joaquin Valley in sandy,
alkaline soils in alkali scrub, valley and
foothill grassland, and alkali sink
communities at elevations below 750
feet. Blooms April–October.

Absent. Suitable habitat and soil for this
species is absent from the APE. The only
recorded observation of this species
within the nine-quad search occurred
approximately 19 miles southeast of the
APE in 2016.

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

Absent. The APE is outside of the lower
elevational range of this species. The
only recorded observation of this
species in the nine-quad search
occurred somewhere in the vicinity of
Fresno in 1922.

Panoche pepper-grass
(Lepidium jaredii ssp.
album)
CNPS 1B Found on steep slopes, washes, alluvialfans, and clay, sometimes alkaline, within Valley and Foothill Grassland communities
in western Fresno County at elevations
between 600–2400 feet. Blooms
February–June.

Absent. This species has not been
observed in the region in over a century
and the APE is outside of the lower
elevational range of this species. The
only recorded observation of this
species in the nine-quad search
occurred approximately 15.5 miles
southwest of the APE in 1893.
208
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-17

EXPLANATION OF OCCURRENCE DESIGNATIONS AND STATUS CODES

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

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

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

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

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

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

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

Applicable Regulations
Federal
Endangered Species Act
The Endangered Species Act (ESA) protects plants and animals that are listed as endangered or threatened by USFWS and the National Marine Fisheries Service (NMFS). Section 9 of the ESA prohibits, without authorization, the taking of listed wildlife, where take is defined as “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such conduct” (50 Code of Federal Regulations [CFR] 17.3). For plants, this statute governs removing, possessing, maliciously damaging, or destroying any listed plant under federal jurisdiction and removing, cutting, digging up, damaging, or destroying any listed plant in any other area in knowing violation of state law (16 United States Code [USC] 1538).

Under Section 7 of the ESA, federal agencies are required to consult with USFWS and/or NMFS if their actions, including permit approvals and funding, could adversely affect a listed (or proposed) species (including plants) or its critical habitat. Through consultation and the issuance of a biological opinion (BO), USFWS and NMFS may issue an incidental take statement allowing take of the species that is incidental to an otherwise authorized activity provided the activity will not jeopardize the continued existence of the species. Section 10 of ESA provides for the issuance of incidental take permits where no other federal actions are necessary provided a habitat conservation plan is developed.

Section 7 Consultation
Section 7 of the ESA mandates that all federal agencies consult with USFWS and/or NMFS to ensure that federal agencies’ actions do not jeopardize the continued existence of a listed species or adversely modify critical habitat for listed species. If direct and/or indirect effects will occur to critical habitat that appreciably diminish the value of critical habitat for both the survival and recovery of a species, the adverse modifications will require formal consultation with USFWS or NMFS. If adverse effects are likely, the federal lead agency must prepare a biological assessment (BA) for the purpose of analyzing the potential effects of the proposed Project on listed species and critical habitat to establish and justify an “effect determination.” Often a third-party, non-federal applicant drafts the BA for the lead federal agencies. The USFWS/NMFS reviews the BA; if it concludes that the Project may adversely affect a listed species or its habitat, it prepares a BO. The BO may recommend “reasonable and prudent alternatives” to the Project to avoid jeopardizing or adversely modifying habitat.

Critical Habitat
209
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-18
Critical Habitat is defined in Section 3 of the ESA as:

1. the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the ESA, on which are found those physical or biological features essential to the conservation of the species and that may require special management considerations or protection; and

2. specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

For inclusion in a Critical Habitat designation, habitat within the geographical area occupied by the species at the time it was listed must first have features essential to the conservation of the species (16 USC 1533).

Critical Habitat designations identify, to the extent known and using the best scientific data available, habitat areas that provide essential life cycle needs of the species (areas on which are found the primary constituent elements). Primary constituent elements are the physical and biological features that are essential to the conservation of the species and that may require special management considerations or protection. These include but are not limited to the following:

1. Space for individual and population growth and for normal behavior.

2. Food, water, air, light, minerals, or other nutritional or physiological requirements.

3. Cover or shelter.

4. Sites for breeding, reproduction, or rearing (or development) of offspring.

5. Habitats that are protected from disturbance or are representative of the historic, geographical, and ecological distributions of a species.

Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) implements international treaties between the U.S. and other nations devised to protect migratory birds, any of their parts, eggs, and nests from activities such as hunting, pursuing, capturing, killing, selling, and shipping, unless expressly authorized in the regulations or by permit. As authorized under the MBTA, USFWS issues permits to qualified applicants for the following types of activities: falconry, raptor propagation, scientific collecting, special purposes (rehabilitation, education, migratory game bird propagation, and salvage), take of depredating birds, taxidermy, and waterfowl sale and disposal. The regulations governing migratory bird permits can be found in 50 CFR part 13 General Permit Procedures and 50 CFR part 21 Migratory Bird Permits. The State of California has incorporated the protection of nongame birds, migratory birds, and birds of prey in Fish and Game Code Sections 3800, 3513, and 3503.5, respectively.

Clean Water Act
The purpose of the federal Clean Water Act (CWA) is to “restore and maintain the chemical, physical, and biological integrity of the nation’s waters.” Section 404 of the CWA prohibits the discharge of dredged or fill material into “Waters of the United States” without a permit from the USACE. The definition of Waters of the U.S. includes rivers, streams, estuaries, the territorial seas, ponds, lakes, and wetlands. Wetlands are defined as those areas “that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions” (33 CFR 328.3 7b). The USEPA also has authority over wetlands, including the authority to veto permits issued by USACE under CWA Section 404(c).

Projects involving activities that have no more than minimal individual and cumulative adverse environmental effects may meet the conditions of one of the Nationwide Permits already issued by USACE (Federal Register 82:1860, January 6, 2017). If impacts on wetlands could be substantial, an individual 210
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-19
permit is required. A Water Quality Certification or waiver pursuant to Section 401 of the CWA is required for Section 404 permit actions; this certification or waiver is issued by the Regional Water Quality Control Board (RWQCB).

State
California Endangered Species Act
The California Endangered Species Act (CESA) (Fish and Game Code Sections 2050-2116) protects species of fish, wildlife, and plants listed by the State as endangered or threatened. Species identified as candidates for listing may also receive protection. Section 2080 of the CESA prohibits the taking, possession, purchase, sale, and import or export of endangered, threatened, or candidate species, unless otherwise authorized by permit. Take is defined in Fish and Game Code Section 86 as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” The CESA allows for take incidental to otherwise lawful projects under permits issued by CDFW.

Fully Protected Species
The State of California first began to designate species as “fully protected” prior to the creation of the federal and the California ESAs. Lists of fully protected species were initially developed to provide protection to those animals that were rare or faced possible extinction and included fish, amphibians and reptiles, birds, and mammals. Most fully protected species have since been listed as threatened or endangered under the federal and/or California ESAs. Fully protected species are identified in the California Fish and Game Code Section 4700 for mammals, Section 3511 for birds, Section 5050 for reptiles and amphibians, and Section 5515 for fish.

These sections of the California Fish and Game Code provide that fully protected species may not be taken or possessed at any time, including prohibition of CDFW from issuing incidental take permits for fully protected species under the CESA. CDFW will issue licenses or permits for take of these species for necessary scientific research or live capture and relocation pursuant to the permit and may allow incidental take for lawful activities carried out under an approved Natural Community Conservation Plan within which such species are covered.

Native Plant Protection Act
The Native Plant Protection Act (NPPA) of 1977 (Fish and Game Code Sections 1900-1913) was established with the intent to “preserve, protect and enhance rare and endangered plants in this state.” The NPPA is administered by CDFW. The Fish and Game Commission has the authority to designate native plants as “endangered” or “rare.” The NPPA prohibits the take of plants listed under the NPPA, but the NPPA contains a number of exemptions to this prohibition that have not been clarified by regulation or judicial rule. In 1984, the CESA brought under its protection all plants previously listed as endangered under NPPA. Plants listed as rare under NPPA are not protected under the CESA but are still protected under the provisions of NPPA. The Fish and Game Commission no longer lists plants under NPPA, referring all listings to the CESA.

California Fish and Game Code Special Protections for Birds In addition to protections contained within the CESA and Fish and Game Code Section 3511 described above, the California Fish and Game Code includes a number of sections that specifically protect certain birds.

Section 3800 states that it is unlawful to take non-game birds, such as those occurring naturally in California that are not resident game birds, migratory game birds, or fully protected birds, except when in accordance with regulations of the California Fish and Game Commission or a mitigation plan approved by CDFW for mining operations.
211
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-20
Section 3503 prohibits the take, possession, or needless destruction of the nest or eggs of any bird.

Section 3503.5 protects birds of prey (which includes eagles, hawks, falcons, kites, ospreys, and owls) and prohibits the take, possession, or destruction of any birds and their nests.

Section 3505 makes it unlawful to take, sell, or purchase egrets, ospreys, and several exotic non-native species, or any part of these birds.

Section 3513 specifically prohibits the take or possession of any migratory non-game bird as designated in the MBTA.

Porter-Cologne Water Quality Act
The RWQCB implements water quality regulations under the federal CWA and the Porter-Cologne Water Quality Act. These regulations require compliance with the National Pollutant Discharge Elimination System (NPDES), including compliance with the California Storm Water NPDES General Construction Permit for discharges of stormwater runoff associated with construction activities. General Construction Permits for projects that disturb one or more acres of land require development and implementation of a Storm Water Pollution Prevention Plan. Under the Porter-Cologne Water Quality Act, the RWQCB regulates actions that would involve “discharging waste, or proposing to discharge waste, with any region that could affect the water of the state” [Water Code Section 13260(a)]. Waters of the State are defined as “any surface water or groundwater, including saline waters, within the boundaries of the state” [Water Code Section 13050 (e)]. The RWQCB regulates all such activities, as well as dredging, filling, or discharging materials into Waters of the State, which are not regulated by USACE due to a lack of connectivity with a navigable water body.

The RWQCB may require issuance of a Waste Discharge Requirements for these activities.

Local
City of Fowler General Plan
The Project is located within the City of Fowler. The City of Fowler General Plan Policy Document contains the following goals and policies related to the Project:

Goal SAF-3: Local Watersheds, waterbodies, and groundwater resources are responsibly managed.

Policy SAF-14: Maintain the domestic water system in accordance with applicable water quality standards.

Policy PF-17: Design and construct water system infrastructure as needed to meet current and future water demands and system requirements.

Impact Analysis
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Less than Significant Impact with Mitigation Incorporated. The APE contains suitable nesting and/or foraging habitat for a variety of avian species. Swainson’s hawk was identified as the only special status species likely to occur within the APE. Implementation of the following measures BIO-1 through BIO-4 would reduce potential impacts to nesting raptors, migratory birds, and special status birds to a less than significant level under CEQA and ensure compliance with State and federal laws protecting these avian species.
212
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-21
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No Impact. The CDFW and USFWS often designates areas of “Critical Habitat” when it lists species as threatened or endangered. Critical Habitat is a specific geographic area that contains features essential for the conservation of a threatened or endangered species and would require special management or protection. There are no CNDDB-designated “natural communities of special concern” recorded within the Project site or surrounding lands. Therefore, there would be no impact. c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The Project site was previously used as a stormwater retention pond and is not a natural wetland. The site has likely previously functioned as a wetland as evidenced by the presence of hydrophytic vegetation. However, the primary water source was blocked in 2020. NWI does not identify the pond as a wetland feature. The Project site does not meet the definition Water of the United States, and the State Water Resources Control Board exempts artificially constructed wetlands used for stormwater runoff from the definition of a Water of the State. Therefore, there would be no impact. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No Impact. The Project site does not contain features that would be likely to function as wildlife movement corridors. Furthermore, the Project site is surrounded by chain-link fence and is located in a developed portion of the City of Fowler which would discourage dispersal and migration. There would be no impact.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. Several trees on the Project site could potentially be removed as part of the Project. Any trees removed would be within the property boundaries and as such would not conflict with the City’s policy on tree removal which addresses trees on public parking strips or other public place in the City. The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy. There would be no impact.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project is consistent with the goals and policies of the City of Fowler General Plan. There is no habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan is in effect for the Project site. There would be no impact. 213
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-22
Mitigation
Avoidance: The Project’s construction activities would occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.

Pre-construction Surveys: If activities must occur within nesting bird season (February 1 to September 15), a qualified biologist would conduct pre-construction surveys for Swainson’s hawk nests onsite and within a 0.5-mile radius. This survey would be conducted in accordance with the Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley (Swainson's Hawk Technical Advisory Committee, 2000) or current guidance. The pre-construction survey would also provide a presence/absence survey for all other nesting birds within the APE and an additional 50 feet, no more than 7 days prior to the start of construction. All raptor nests would be considered “active” upon the nest-building stage.

Establish Buffers: On discovery of any active nests or breeding colonies near work areas, the biologist would determine appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines and/or the biology of the species in question.

Construction buffers would be identified with flagging, fencing, or other easily visible means, and would be maintained until the biologist has determined that the nestlings have fledged.

ITP: In the event an active Swainson’s hawk nest or other nest is detected during surveys and cannot be avoided, consultation with CDFW would be warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP pursuant to Fish and Game Code Section 2081, subdivision (b) is necessary to comply with CESA.
214
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-23

4.5 CULTURAL RESOURCES
Table 4-8: Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to in § 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
c) Disturb any human remains, including
those interred outside of dedicated
cemeteries?
Baseline Conditions
The San Joaquin Valley was dominated by agricultural pursuits until the oil boom of the early 1900s, which saw a shift in the region, as some reclaimed lands previously used for farming were leased to oil companies.

Nonetheless, the shift of the San Joaquin Valley towards oil production did not halt the continued growth of agriculture. The Great Depression of the 1930s brought with it the arrival of a great number of migrants from the drought-affected Dust Bowl region, looking for agricultural labor. These migrants established temporary camps in the valley, staying on long past the end of the drought and the Great Depression, eventually settling in towns such as Bakersfield where their descendants live today.

Following the completion of the transcontinental railroad in 1869, the Central Pacific Railroad, predecessor to the Southern Pacific Railroad, began construction of a Central Valley route to connect southern California with the commerce center of the San Francisco Bay. The segment through Fowler was laid around 1872.

Thomas Fowler, a State Senator from 1869–1872, owned the ranch where a railroad switch was built by the Central Pacific Railroad. The town developed around the railroad switch and became known as Fowler’s Switch. The Valley branch of the historic Southern Pacific Railroad is presently owned and operated by the Union Pacific Railroad. A post office branch was established in Fowler in 1882, the name was eventually shortened, and the City of Fowler was incorporated in 1908. In May 1973, Fowler’s Switch was registered as a California Point of Interest for its local significance to Fowler. The marker for the Fowler Switch is located at the intersection of East Merced Street and South 7th Street. (See Appendix C).

Records Search
A records search from the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS), located at California State University, Bakersfield was conducted in February 2023. The SSJVIC records search includes a review of all recorded archaeological and built-environment resources as well as a review of cultural resource reports on file. In addition, the California Points of Historical Interest, the California Historical Landmarks, the California Register of Historical Resources, the National Register of Historic Places, and the California State Built Environment Resources Directory listings were reviewed for the above referenced APE and an additional ¼-mile radius.

Due to the sensitive nature of cultural resources, archaeological site locations are not released. (Appendix C).
215
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-24
Additional sources included the State Office of Historic Preservation Historic Properties Directory, Archaeological Determinations of Eligibility, and the California Inventory of Historic Resources.

Impact Analysis
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to in § 15064.5?
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
a-b) Less than Significant Impact with Mitigation Incorporated. A CHRIS records search, from SSJVIC, was conducted in February 2023 and confirmed there have been no previous cultural resource studies conducted within the Project area. There have been three previous cultural resource studies within the one-half mile radius: FR-02416, FR-01837, and FR-02108 however these reports are greater than five years and should be considered out of date. The search also confirmed there are no recorded resources within the project area or within the one-half mile radius. It is unlikely that the Project has the potential to result in significant impacts or adverse effects to cultural or historical resources, such as archaeological remains, artifacts, or historic properties. However, in the unusual event that cultural resources are encountered during Project construction, implementation of mitigation measure CUL-1 outlined below, would reduce impacts to less than significant.
c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries? Less than Significant Impact with Mitigation Incorporated. There is no evidence that the Project site has the potential to be an unknown burial site, or the site of buried human remains. In the unlikely event of such a discovery, mitigation will be implemented. With incorporation of mitigation measure CUL-2 outlined below, impacts resulting from the discovery of remains interred in the Project site would be less than significant.

Mitigation
CUL-1 Should archeological remains or artifacts be unearthed during any stage of project activities, work in the area of the discovery shall cease until the area is evaluated by a qualified archaeologist. If mitigation is warranted, the project proponent shall abide by recommendations of the archaeologist.

CUL-2 In the event that human remains are discovered on the Project site, the Fresno County Coroner must be notified of that discovery (Health and Safety Code Section 7050.5) and all activities in the immediate area if the find or in any nearby area reasonably suspected of overlie adjacent human remains must cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are not recent, but rather of Native American origin, the Coroner shall notify the NAHC in Sacramento within 24 hours to permit the NAHC to determine the most likely descendent of the deceased Native American.
216
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-25

4.6 ENERGY
Table 4-9: Energy Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
Baseline Conditions
Pacific Gas and Electric (PG&E) supplies electricity and natural gas to the Project area. PG&E obtains its power through hydroelectric, thermal (natural gas), wind, and solar generation of purchases. PG&E continually produces new electric generation and natural gas sources and implements continuous improvements to gas lines throughout its service areas to ensure the provision of services to users.

Impact Analysis
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
a-b) Less than Significant Impact. The Project would comply with Building Energy Efficiency Standards included in Titles 20 and 24 of the California Code of Regulations, which requires new development to incorporate energy efficiency standards, including include energy-efficient lighting and motor requirements, into Project designs. Current regulations for construction equipment, heavy-duty equipment, and earthmoving equipment used in construction contribute to reductions in energy as well as reduction in pollutant emissions. California implemented its In-Use Off-Road Diesel Fueled Fleets regulations (off-road regulation) which applies to all self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine vehicles. The Small Off-Road Engines program was implemented by California to apply to categories of outdoor powered equipment and specialty vehicles often used in construction. Through compliance with energy reduction standards and regulations aimed at reducing consumption of transportation related energy consumption, as well as the energy provider’s energy reduction programs, the Project will have less than significant impacts related to energy usage during Project operations and construction and its impacts related to wasteful, inefficient, or unnecessary energy consumption overall, would be less than significant. The Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. 217
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-26

4.7 GEOLOGY AND SOILS
Table 4-10: Geology and Soils Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the
area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994) creating substantial direct or indirect
risks to life or property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste
water disposal systems where sewers are not
available for the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?
Baseline Conditions
Geology and Soils
The Project is located in the City of Fowler in central Fresno County, in the southern section of California’s Great Valley Geomorphic Province, or Central Valley. The Sacramento Valley makes up the northern third and the San Joaquin Valley makes up the southern two-thirds of the geomorphic province. Both valleys are watered by large rivers flowing west from the Sierra Nevada Range, with smaller tributaries flowing east from the Coast Ranges. Most of the surface of the Great Valley is covered by Quaternary (present day to

1.6 million years ago) alluvium. The sedimentary formations are steeply upturned along the western margin 218
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-27
due to the uplifted Sierra Nevada Range.5 From the time the Valley first began to form, sediments derived from erosion of igneous and metamorphic rocks and consolidated marine sediments in the surrounding mountains have been transported into the Valley by streams.

Faults and Seismicity
The Project is not located within an Alquist-Priolo Earthquake Fault Zone and there are no known active faults within the City. The nearest major fault is the San Andreas Fault, located approximately 70 miles southwest of the Project site. The San Andreas fault is the dominant active tectonic feature of the Coast Ranges and represents the boundary of the North American and Pacific plates. The Nunez Fault is approximately 51 miles southwest and the Poso Fault is approximately 60 miles south.6 Liquefaction
The potential for liquefaction, which is the loss of soil strength due to seismic forces, is dependent on soil types and density, the groundwater table, and the duration and intensity of ground shaking. Although no specific liquefaction hazard areas have been identified in Fresno County, this potential is recognized throughout the San Joaquin Valley where unconsolidated sediments and a high-water table coincide. Soil types along the Valley floor are not generally conducive to liquefaction because they are generally too coarse. Furthermore, the average depth to groundwater within the city is approximately 85 to 95 feet which also minimizes liquefaction potential.7
Using the USDA NRCS soil survey of Fresno County, an analysis of the soils onsite was performed. Soil in the area consist of Hesperia fine sandy loam.8
Soil Subsidence
Subsidence occurs when a large land area settles due to over-saturation or extensive withdrawal of groundwater, oil, or natural gas. These areas are typically composed of open-textured soils, high in silt or clay content, that become saturated. Although some areas in Fresno County have experienced subsidence due to groundwater overdraft, the City’s elevation has remained relatively unchanged.

Soil of the Project site consist of Hesperia sandy loam, which is course-textured, low in clay content, and has a low shrink-swell potential. Therefore, soil onsite represents a low risk of subsidence.

Dam and Levee Failure
Hundreds of dams and reservoirs have been built in California for water supply, flood control, hydroelectric power, and recreational uses. The storage capacity of these dams varies across the State from large reservoirs with capacities exceeding millions of acre-feet (AF) to small reservoirs with capacities from hundreds to thousands of AF. Depending on the season, water from these reservoirs is released into the river system of the State and eventually reaches the Pacific Ocean. The Kings River, which flows approximately 12 miles east, is the primary river in the vicinity. The Kings River is impounded by Pine Flat Dam, which forms the Pine Flat reservoir, approximately 25 miles northeast of the Project site. If Pine Flat Dam were to fail, a large portion of Fresno County, including the City, would be inundated. 5 (Harden, 1998)
6 (California Department of Conservation 2023)
7 (California Department of Water Resources 2022)
8 (United States Department of Agriculture 2022)
219
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-28
Impact Analysis
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
ii. Seismic-related ground failure, including liquefaction? i-ii) Less than Significant Impact. The Project site is located in an area traditionally characterized by relatively low seismic activity. The site is not located in an Alquist-Priolo Earthquake Fault Zone as established by the Alquist-Priolo Fault Zoning Act (Section 2622 of Chapter 7.5, Division 2 of the California Public Resources Code). The nearest major fault is the San Andreas Fault, located approximately 70 miles southwest of the Project site. A smaller fault zone, The Nunez Fault is approximately 51 miles southwest of the site.

The Project involves construction of a groundwater well and associated infrastructure, which does not include development of habitable residential, agricultural, commercial, or industrial structures.

Therefore, implementation of the Project would not result in an increase of people or habitable structures onsite. Any impact would be less than significant. iii. Seismic-related ground failure, including liquefaction? Less than Significant Impact. Liquefaction occurs when loose, water-saturated sediments lose strength and fail during strong ground shaking. Although no specific liquefaction hazard areas have been identified in Fresno County, this potential is recognized throughout the San Joaquin Valley where unconsolidated sediments and a high-water table coincide. Using the USDA NRCS soil survey of Fresno County, an analysis of the soils onsite was performed. Soils in the area consist of Hesperia fine sandy loam, which is welldrained and coarse-textured, representing a low risk for liquefaction or seismic-related ground failure. In addition, the average depth to groundwater within the City is approximately 85 to 95 feet which further reduces potential for liquefaction. Furthermore, as mentioned above in Impact Assessments VI-a-i and VI-a-ii, strong seismic ground shaking is unlikely to occur. Any impacts related to seismic-related ground failure, including liquefaction, would be less than significant. iv. Landslides?
No Impact. Landslides usually occur in locations with steep slopes and unstable soils. The Project is located on the Valley floor where no major geologic landforms exist, and the topography is essentially flat and level. The nearest foothills are approximately 15 miles northeast. Therefore, the Project site has minimal-to-no landslide susceptibility, and there would be no impact. b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Earthmoving activities associated with the Project would include import of soil to backfill the existing stormwater retention pond on site and for grading activities. These activities could expose soils to erosion processes and the extent of erosion would vary depending on slope steepness/stability, vegetation/cover, concentration of runoff, and weather conditions. Once earthmoving activities are completed the Project site will have a generally flat topography. Construction 220
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-29
activities could expose barren soils to sources of wind or water, resulting in the potential for erosion and sedimentation on and off the Project site. During construction, nuisance flow caused by minor rain could flow off-site. The City and/or contractor would be required to employ appropriate sediment and erosion control BMPs as part of construction activities. Once construction is complete, the Project would not result in soil erosion or loss of topsoil. Compliance with state regulations would ensure that impacts remain less than significant.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? c-d) Less than Significant Impact. Soils onsite consist of Hesperia fine sandy loam, which is well-drained, low in clay content, and coarse-textured. This soil has a low shrink-swell potential and a low plasticity index, and therefore, is not considered an expansive soil. Furthermore, the aforementioned physical properties of the soil make subsidence, liquefaction, lateral spreading, or other ground failure unlikely.

Any impacts would be less than significant.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The Project does not include the construction, replacement, or disturbance of septic tanks or alternative wastewater disposal systems. Therefore, there would be no impact. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature?
Less than Significant Impact with Mitigation. No known paleontological resources have been identified at the Project site. However, if a paleontological resource is found incorporation of mitigation measure GEO1 would reduce impacts to less than significant.

Mitigation
GEO-1 Should paleontological resources be encountered on the Project site, all ground disturbing activities in the area shall stop. A qualified paleontologist shall be contacted to assess the discovery. Mitigation may include monitoring, recording the fossil locality, data recovery and analysis, and a final report. Public educational outreach may also be appropriate. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City of Fowler for review, and (if paleontological materials are recovered) a paleontological repository, such as the University of California Museum of Paleontology. 221
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-30

4.8 GREENHOUSE GAS EMISSIONS
Table 4-11: Greenhouse Gas Emissions Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
Baseline Conditions
Commonly identified GHG emissions and sources include the following:

Carbon dioxide (CO2) is an odorless, colorless, natural greenhouse gas and is emitted from natural and anthropogenic sources. Natural sources include the following: decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic out gassing.

Anthropogenic sources include the burning of coal, oil, natural gas, and wood.

Methane (CH4) is a flammable greenhouse gas. A natural source of methane is the anaerobic decay of organic matter. Geological deposits, known as natural gas fields, also contain methane, which is extracted for fuel. Other sources are from landfills, fermentation of manure, and ruminants such as cattle.

Nitrous oxide (N2O), also known as laughing gas, is a colorless greenhouse gas. Nitrous oxide is produced by microbial processes in soil and water, including those reactions that occur in fertilizer containing nitrogen. In addition to agricultural sources, some industrial processes (fossil fuel-fired power plants, nylon production, nitric acid production, and vehicle emissions) also contribute to its atmospheric load.

Water vapor is the most abundant, and variable greenhouse gas. It is not considered a pollutant; in the atmosphere, it maintains a climate necessary for life.

Ozone (O3) is known as a photochemical pollutant and is a greenhouse gas; however, unlike other greenhouse gases, ozone in the troposphere is relatively short-lived and, therefore, is not global in nature.

Ozone is not emitted directly into the atmosphere but is formed by a complex series of chemical reactions between volatile organic compounds, nitrogen oxides, and sunlight.

Aerosols are suspensions of particulate matter in a gas emitted into the air through burning biomass (plant material) and fossil fuels. Aerosols can warm the atmosphere by absorbing and emitting heat and can cool the atmosphere by reflecting light.

Chlorofluorocarbons (CFCs) are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the earth’s surface). CFCs were first synthesized in 1928 for use as refrigerants, aerosol propellants, and cleaning solvents. CFCs destroy stratospheric ozone; therefore, their production was stopped as required by the Montreal Protocol in 1987. 222
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-31
Hydrofluorocarbons (HFCs) are synthetic chemicals that are used as a substitute for CFCs. Of all the greenhouse gases, HFCs are one of three groups (the other two are perfluorocarbons and sulfur hexafluoride) with the highest global warming potential. HFCs are human-made for applications such as air conditioners and refrigerants.

Perfluorocarbons (PFCs) have stable molecular structures and do not break down through the chemical processes in the lower atmosphere; therefore, PFCs have long atmospheric lifetimes, between 10,000 and 50,000 years. The two main sources of PFCs are primary aluminum production and semiconductor manufacture.

Sulfur hexafluoride (SF6) is an inorganic, odorless, colorless, nontoxic, nonflammable gas. It has the highest global warming potential of any gas evaluated. Sulfur hexafluoride is used for insulation in electric power transmission and distribution equipment, in the magnesium industry, in semiconductor manufacturing, and as a tracer gas for leak detection.

Emissions of GHGs contributing to global climate change are largely attributable to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors.

About three-quarters of human emissions of CO2 to the global atmosphere during the past 20 years are due to fossil fuel burning. Atmospheric concentrations of CO2, CH4, and N2O have increased by at least 40 percent, 150 percent, and 20 percent respectively since the year 1750. GHG emissions are typically expressed in carbon dioxide-equivalents (CO2e), based on the GHG’s Global Warming Potential (GWP). The GWP is dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. For example, one ton of CH4 has the same contribution to the greenhouse effect as approximately 25 tons of CO2.

Therefore, CH4 is a much more potent GHG than CO2.

Thresholds
The City of Fowler has not adopted a greenhouse gas emission threshold of significance or prepared a Greenhouse Gas Reduction Plan that can be used as a basis for determining project significance. In accordance with SJVAPCD’s CEQA Greenhouse Gas Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects,9 projects complying with Best Performance Standards (BPS) would be determined to have a less-than-significant impact. The SJVAPCD does not have an adopted threshold for GHGs; however, the South Coast Air Quality Management District (SCAQMD) has set a threshold of 10,000 MTCO2e.10 This threshold has been applied to this Project. Compliance with BPS and projects generating less than 10,000 MTCO2e per year would result in less than significant impacts. In addition, projectgenerated emissions complying with an approved plan or mitigation program would also be determined to have a less-than-significant impact.

Impact Analysis
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
9 (San Joaquin Valley Air Pollution Control District, 2009) 10 (South Coast Air Quality Management District, 2008)
223
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-32
a-b) Less than Significant Impact. As depicted in Appendix A, construction of the Project would emit approximately 75.62 MTCO2e, and operation of the well would generate approximately 91.23 MTCO2e.

These emissions are well below the above threshold of significance and thus impacts would be less than significant.
224
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-33

4.9 HAZARDS AND HAZARDOUS MATERIALS
Table 4-12: Hazards and Hazardous Materials Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport land
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard or
excessive noise for people residing or
working in the project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures, either directly
or indirectly to a significant risk of loss,
injury or death involving wildland fires?
Baseline Conditions
Hazardous Materials
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. Government Code Section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. The Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. DTSC's EnviroStor database provides DTSC's component of Cortese List data (DTSC, 2010). In addition to the EnviroStor database, the State Water Resources Control Board 225
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-34
(SWRCB) Geotracker database provides information on regulated hazardous waste facilities in California, including underground storage tank (UST) cases and non-UST cleanup programs, including Spills-LeaksInvestigations-Cleanups sites, Department of Defense sites, and Land Disposal program. A search of the DTSC EnviroStor database and the SWRCB Geotracker performed on February 28, 2023, determined that there are no known active hazardous waste generators or hazardous material spill sites within the Project site or immediate surrounding vicinity.

Airports
The Fresno Yosemite International Airport is located approximately ten miles north-northwest, and the Selma Municipal Airport is located approximately three miles south-southeast of the Project.

Emergency Response Plan
The Fresno County Office of Emergency Services coordinates the development and maintenance of the Fresno County Operational area Master Plan.

Sensitive Receptors
The Project site is located in an area of residential development.

Impact Analysis
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? a-c) Less than Significant Impact. At its nearest point, the Project site is located approximately one mile southwest of Sutter Middle School. Construction of the Project would involve the use of hazardous materials associated with construction equipment, such as diesel fuel, lubricants, and solvents. BMPs to reduce the potential for exposure to waterways would be included as part of the Project during construction and would comply with all Cal/OSHA regulations regarding regular maintenance and inspection of equipment, spill prevention, and spill remediation in order to reduce the potential for incidental release of pollutants or hazardous substances onsite. Furthermore, any potential accidental hazardous materials spills during construction are the responsibility of the contractor to remediate in accordance with industry best management practices and State and county regulations. The operational phase of the Project would not involve the use or transport of hazardous materials. Impacts would be less than significant.
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The Project does not involve land that is listed as a hazardous materials site pursuant to Government Code Section 65962.5 and is not included on a list compiled by the Department of Toxic 226
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-35
Substances Control. A search of the DTSC EnviroStor database and the SWRCB Geotracker determined that there are no known active hazardous waste generators or known hazardous material spill sites within the Project site. There would be no impact.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The Project is not located within an airport land use plan or within two miles of an airport.

The Fresno Yosemite International Airport is located approximately ten miles north-northwest, and the Selma Municipal Airport is located approximately three miles south-southeast of the Project.

Construction and implementation of the Project would not be a safety hazard for people working in the area. There would be no impact.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project involves construction of a new municipal groundwater well and associated infrastructure. Construction activities will be temporary in nature and will not cause any road closures that could interfere with any adopted emergency response or evacuation plan. The construction contractor will be required to work with the City and County (public works, police/fire, etc.) if and when roadway diversions are required to ensure that adequate access is maintained for residents and emergency vehicles. Accordingly, any impacts would be less than significant. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No Impact. The nearest wildland area, which has a moderate fire risk, according to CAL FIRE11 is located approximately 15 miles northeast of the Project site. Given the absence of wildlands in the vicinity, implementation of the Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. There would be no impact. 11 (CAL FIRE 2022)
227
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-36

4.10 HYDROLOGY AND WATER QUALITY
Table 4-13: Hydrology and Water Quality Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Violate any water quality standards or
waste discharge requirements or otherwise
substantially degrade surface or ground
water quality?
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
i. result in substantial erosion or
siltation on- or off-site;
ii. substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site;
iii. create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
iv. impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
Baseline Conditions
The San Joaquin River and the Kings River are the two principal drainages within the San Joaquin Valley, and Fowler is generally located approximately 18 miles south of the San Joaquin River and nine miles west of the Kings River.
228
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-37
Fowler lies entirely within the Kings Groundwater Subbasin of the San Joaquin Valley Groundwater Basin.12 Due to groundwater overdraft and contamination from agricultural chemicals, provision of reliable sources of groundwater in both quantity and quality have been a challenge throughout most of the Central Valley.

According to the Annual Water Quality Report (2021), the average depth to groundwater is 85 to 95 feet.

Fowler is also a member city of South Kings Groundwater Sustainability Agency (SKGSA). SKGSA comprises five cities and two community services districts. These public entities formed a joint-powers authority agreement in May 2017 to take on the responsibility of sustainable groundwater management in the portion of the Kings Subbasin underlying the GSA’s boundary. In 2019, Fowler along with the other members of the SKGSA adopted the SKGSA Groundwater Sustainability Plan (GSP).

The Project site is approximately 0.75 miles south from the nearest 100-year floodplain.

Applicable Regulations
Federal
Clean Water Act
The CWA was enacted in 1972 with the intent of restoring and maintaining the chemical, physical and biological integrity of the Waters of the United States. In 1987 the CWA was amended to establish the National Storm Water Program. The program was established in two phases, incorporating a prioritized approach to stormwater. Phase I of the program required discharges from Municipal Storm Sewer Systems (MS4s) serving populations over 100,000 to be covered under a NPDES permit. Phase II of the program reduced the population threshold to 10,000 and reduced the area of construction disturbance that requires permit coverage from five acres to one acre.

National Pollutant Discharge Elimination System Program Section 402 of the CWA established the NPDES to control water pollution by regulating point sources that discharge pollutants into Waters of the United States. In California, the USEPA has authorized the SWRCB as the permitting authority to implement the NPDES program. The SWRCB issues two-baseline general permits; one for industrial operations, the other for construction activities (General Construction Permit).

Additionally, the NPDES program includes the regulation of stormwater discharges from cities, counties, and other municipalities under Order No. R8-2009-0030 (waste discharge requirements for stormwater) and updated under Order No. 5‐01‐048 for the Central Valley Region.

Federal Emergency Management Agency
FEMA administers the NFIP, in which participating agencies must satisfy certain mandated floodplain management criteria. The National Flood Insurance Act of 1968 adopted a desired level of protection with an expectation that developments should be protected from floodwater damage of the Intermediate Regional Flood (IRF). The IRF is defined as a flood that has an average frequency of occurrence on the order of once every 100 years, although such a flood may occur in any given year. The 1968 Act made federally subsidized flood insurance available to property owners if their communities participate in the NFIP. A community establishes its eligibility to participate by:
12 (California Department of Water Resources 2018)
229
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-38
 Adopting and enforcing floodplain management measures to regulate new construction; and  Ensuring that substantial improvements within Special Flood Hazard Areas (SFHA) are designed to eliminate or minimize future flood damage.

An SFHA is an area within a floodplain having a 1-percent or greater chance of flood occurrence within any given year. SFHAs are delineated on flood hazard boundary maps issued by FEMA. The Flood Disaster Protection Act of 1973 and the National Flood Insurance Reform Act of 1994 make flood insurance mandatory for most properties in SFHAs. Executive Order 11988 (Floodplain Management) addresses floodplain issues related to public safety, conservation, and economics. It generally requires federal agencies constructing, permitting, or funding a project in a floodplain to do the following:
 Avoid incompatible floodplain development;
 Be consistent with the standards and criteria of the NFIP; and  Restore and preserve natural and beneficial floodplain values.

The National Flood Insurance Program (NFIP) is a program administered by FEMA to provide subsidized flood insurance for property owners in communities. The NFIP established regulations that limit development in flood-prone areas. The boundaries of flood-prone areas are determined by FEMA’s Flood Insurance Rates Maps, which provide flood information and identify the flood hazard in the community. In certain high-risk areas, federally regulated or insured lenders require property owners to have flood insurance before issuing a mortgage.

State
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act of 1969, which became Division 7 of the California Water Code (WC), authorized the SWRCB to provide comprehensive protection for California’s waters through water allocation and water quality protection. The SWRCB implements the requirement of the CWA Section 303, which states that water quality standards must be established for certain waters through the adoption of water quality control plans under the Porter-Cologne Act. The Porter-Cologne Act established the responsibilities and authorities of the nine RWQCBs, which include preparing water quality plans within the regions, identifying water quality objectives, and instituting waste discharge requirements. Water quality objectives are defined as limits or levels of water quality constituents and characteristics established for reasonable protection of beneficial uses or prevention of nuisance. Beneficial uses consist of all the various ways that water can be used for the benefit of people and wildlife. The Porter-Cologne Act was later amended to provide the authority delegated from the USEPA to issue NPDES permits regulating discharges to Waters of the United States.

Sustainable Groundwater Management Act of 2014
On September 16, 2014, a three‐bill legislative package was signed into law, composed of AB 1739, SB 1168, and SB 1319, collectively known as the Sustainable Groundwater Management Act (SGMA). The Governor’s signing message states "a central feature of these bills is the recognition that groundwater management in California is best accomplished locally". SGMA provides a framework for sustainable management of groundwater supplies by local authorities, with the potential for state intervention, if necessary, to protect the resource. The Act requires the formation of local Groundwater Sustainability Agency (GSA) that must assess conditions in their local water basins and adopt locally based management plans. The groundwater basin that serves Fresno County has been designated by the Department of Water Resources as high‐ priority and subject to a condition of critical overdraft. 230
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-39
Local
Fowler Municipal Code
Title 8 – Chapter 8: Floodplain Management – This chapter aims to reduce the risk of public or private loss or damage due to flooding by regulating the activities within flood prone, mudslide, or flood related areas.

Restrictions are placed on the alteration of floodplains or streams, diversion of water through the construction of flood barriers, and certain development involving filling or grading which could increase flood damage.

Title 8 – Chapter 14: Grading Permit and Site Improvement Requirements – This chapter establishes the requirement of a permit for any excavation, construction, or earthwork activity, and promotes erosion control procedures to safeguard and protect water resources and related habitats. The goal of this chapter is to reduce the discharge of sediment into drainage and provide sediment management practices by regulating grading, site improvements, and related activities on private and public property.

Central Valley Regional Water Quality Control Board – Tulare Lake Basin Plan Water quality control plans, or basin plans, contain California's administrative policies and procedures for protecting state waters. Basin plans are required by the WC Section 13240.13 In addition, CWA Section 303 requires states to adopt water quality standards that “consist of the designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses.” Basin plans are adopted and amended by regional water boards under a structured process involving full public participation and state environmental review. Basin plans and amendments do not become effective until approved by the SWRCB. Adoption or revision of surface water standards are subject to the approval of the USEPA before they become accepted standards for the federal program.

The first edition of this Water Quality Control Plan for the Tulare Lake Basin (Basin Plan) was adopted by the California RWQCB, Central Valley Region, on July 25, 1975, and became effective following approval by the SWRCB in August 1975 and the USEPA in June 1976. The most recent revision was adopted in May 2018.

Central Valley Flood Protection Plan
The Central Valley Flood Protection Plan (CVFPP), first adopted in 2012 and updated every five years, was developed to better manage flood risk in the Central Valley using the following strategies:
 Prioritize the state’s investment in flood management over the next three decades,  Promote multi-benefit projects, and
 Integrate and improve ecosystem functions associated with flood risk reduction projects.

Following adoption of the initial CVFPP in 2012, DWR funded development of six Regional Flood Management Plans (RFMP) to address regional flood management goals and challenges. The planning area is not included in an RFMP because the risk of flooding in the region is minimal. Fowler and the surrounding lands are not located within the 100-year, 200-year, or 500-year floodplains.14 13 (California Regional Water Quality Control Board Central Valley Region 2018) 14 (California Department of Water Resources 2022)
231
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-40
Impact Analysis
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact Construction activities could temporarily increase runoff, erosion, and sedimentation. Construction activities also could result in soil compaction and wind erosion effects that could adversely affect soils and reduce the revegetation potential at construction sites and staging areas.

Three general sources of potential short-term construction-related stormwater pollution associated with the proposed Project are: 1) the handling, storage, and disposal of construction materials containing pollutants; 2) the maintenance and operation of construction equipment; and 3) earth moving activities which, when not controlled, may generate soil erosion and transportation, via storm runoff or mechanical equipment. Generally, routine safety precautions for handling and storing construction materials may effectively mitigate the potential pollution of stormwater by these materials. These same types of common sense, Best Management Practices (BPMs) procedures can be extended to non-hazardous stormwater pollutants such as sawdust and other solid wastes.

Additionally, any water discharge associated with construction activities such as earth moving or drilling, as well as discharge associated with operation and maintenance of the well would be directed to an existing storm drain inlet located in the southwest corner of the site. The inlet would direct the water to a ponding basin for groundwater recharge.

Poorly maintained vehicles and heavy equipment leaking fuel, oil, antifreeze, or other fluids on the construction site are also common sources of stormwater pollution and soil contamination. In addition, grading activities can greatly increase erosion processes. Two general strategies are recommended to prevent construction silt from entering local storm drains. First, erosion control procedures should be implemented for those areas that must be exposed. Secondly, the area should be secured to control offsite migration of pollutants. These BMPs are expected to reduce short term construction-related impacts to less than significant.

Once constructed, the Project will provide supplemental water to the City. The water extracted by the new groundwater well will be in compliance with the requirements of the Division of Drinking Waters. There are no water discharge activities associated with the well, once constructed. Therefore, any impacts would be less than significant.
b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less than Significant Impact. Groundwater is pumped from the Kings River Basin underground aquifer through six groundwater wells operated by the City. As per the Schematic Design Technical Memorandum prepared by Provost and Pritchard15 for this Project, the six wells can produce an estimated maximum of 5,735 gpm with maximum production of all six existing wells at about 8.2 million gallons per day (mgd). As of the 2020 Census the City had 6,700 residents and pumped an average of 205 gallons per day/per person for all municipal uses, or about 1.4 mgd. That leaves 6.8 mgd remaining well capacity. As a result, adequate groundwater resources are available to meet the long-term water demand of the City; no surface water would need to be imported. The Project, which is expected to produce a minimum desired 1,200 gpm, is consistent with the existing City production well yields in the area. This would not substantially decrease 15 (Provost and Pritchard 2023)
232
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-41
groundwater supplies or interfere with groundwater recharge. Furthermore, the Project in and of itself would not promote or increase population growth in the area and current water demand would not be substantially increased. As a result, the Project would have a less than significant impact. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or off-site; ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iv. impede or redirect flood flows?
Less than Significant Impact. The Project includes changes to the existing stormwater drainage pattern of the area through the backfilling of the site and installation of impermeable (concrete/asphalt) surfaces and/or structures associated with the new groundwater well. It is not expected that the increase in impermeable surface will substantially alter the drainage pattern of the area. While the installation of these impervious surfaces would change the existing drainage pattern of the site, design of the Project would reduce any impact by ensuring that runoff would flow and be directed to an existing stormwater drain inlet located in the southwest corner of the site.

Additionally, standard construction practices and compliance with State and federal regulations, City ordinances and regulations, the California Building Code, and adherence to professional engineering design approved by the City of Fowler will reduce or eliminate potential drainage impacts from the Project.

Therefore, any impacts resulting from drainage patterns would be less than significant. d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundations?
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
d-e) No Impact. The proposed Project site is not within any special flood hazard areas, or other areas of flood hazard (as identified by current FEMA Flood Insurance Rate Map). In addition, the Project does not include any housing or structures that would be subject to flooding either from a watercourse or from dam inundation. There are no bodies of water near the site that would create a potential risk of hazards from seiche, tsunami or mudflow. The Project would not conflict with any water quality control plans or sustainable groundwater management plan. There would be no impacts associated with Project implementation.
233
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-42
Figure 4-2: FEMA
234
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-43

4.11 LAND USE AND PLANNING
Table 4-14: Land Use and Planning Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
f) Physically divide an established
community?
g) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
Baseline Conditions
The City of Fowler 2025 General Plan Land Use Diagram designates the Project site as Low Density Residential (0.0-3.6 du/ac). The Project is identified within the R-1-10 (One Family Residential, 10,000 square feet minimum parcel size) Zone District. Lands adjacent to the site are developed with single-family residences to the east, west, and north, and undeveloped agriculture land that is zoned as AE-20 (Exclusive Agriculture) by Fresno County to the south. General Plan land use designations and Zone Districts of the Project site and surrounding areas are illustrated in Figure 2-5 and Figure 2-6.

Impact Analysis
a) Would the project physically divide an established community? No Impact. The physical division of an established community typically refers to the construction of a physical feature (such as a wall, interstate highway, or railroad tracks) or the removal of a means of access (such as a local road or bridge) that would impair mobility. The Project does not include any component that would divide an established community; the Project site is an existing vacant parcel that was previously utilized as a ponding basin. The Project itself will not alter the boundaries of the site and would not divide an established community. There would be no impact. b) Would the project cause a significant environmental conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The Project Site is within an area designated by the Fowler General Plan as Low Density Residential. The Fowler General Plan contains goals and policies to provide services to meet the needs of the existing community and planned growth, and since the Project constitutes improvements to existing water facilities, implementation of the Project would not conflict with any applicable land use plan, policy, or regulation. There would be no impact.
235
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-44

4.12 MINERAL RESOURCES
Table 4-15: Mineral Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
Baseline Conditions
The City is located within the Fresno production-consumption (PC) region, which includes parts of Madera and Fresno Counties. The California Geological Survey (CGS), previously known as California Department of Conservation Division of Mines and Geology (DMG), has analyzed this region for the presence of aggregate resources in a 1988 mineral land classification report16 and a subsequent 1999 update.17 In each of these reports, CGS has classified the Fresno PC region according to the presence or absence of significant aggregate deposits. The land classification is presented in the form of Mineral Resource Zones (MRZs). MRZ1 represents areas where information indicates that there are no significant aggregate deposits. MRZ-2 represents areas where adequate information indicates that significant aggregate deposits ae present or where it is judged that a high likelihood exists for their presence. MRZ-3 represents areas containing mineral deposits the significance of which cannot be evaluated from available data. In both CGS reports, the Fowler area is classified as MRZ-3. All areas known to contain significant aggregate deposits within the Fresno PC region are located along the Kings River floodplain and along the San Joaquin River.

Aggregate and petroleum are considered the County's most significant extractive mineral resources. No active or inactive mines are mapped in the vicinity of the Project site according to the California Office of Mine Reclamation Mines Online website.18
Impact Analysis
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 16 (California Division of Mines and Geology, 1988)
17 (California Division of Mines and Geology , 1999)
18 (California Department of Conservation 2022)
236
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-45
a-b) No Impact. According to the CGS’s Aggregate Sustainability Map,19 the Project is not within the vicinity of a site being used for aggregate production. The nearest aggregate production site is the Carmelita Mine located within the Kings River floodplain, approximately 13 miles northeast of the Project.

In addition, California’s Geologic Energy Management Division (CalGEM) has no record of active or inactive oil or gas wells or petroleum resources on the Project site or in the vicinity.20 The Project site lies within a large region that has been classified by CGS as MRZ-3, representing an area containing mineral deposits the significance of which cannot be evaluated from available data. However, given the relatively small footprint of the proposed Project and the amount of existing development in the immediate area, it is highly unlikely that any surface mining or mineral recovery operation could feasibly take place in these areas. Therefore, implementation of the Project would not result in the loss of availability of a known mineral resource since no known mineral resources occur in this area. There would be no impact. 19 (California Geologic Survey , 2018)
20 (California Geologic Energy Management Division 2023) 237
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-46

4.13 NOISE
Table 4-16: Noise Impacts
Would the project result in:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive ground borne
vibration or ground borne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
Baseline Conditions
Noise is most often described as unwanted sound. Although sound can be easily measured, the perception of noise and the physical response to sound complicate the analysis of its impact on people. The City of Fowler is impacted by a multitude of noise sources. Principal noise sources include traffic on roadways, agricultural noise, and industrial noise. Mobile sources of noise, especially cars and trucks, are the most common and significant sources of noise in most communities, and they are predominant sources of noise in the City. The Project is located in an area consisting of residential and agricultural uses. The predominant noise sources in the Project site include traffic on local roadways and noise associated with active agriculture south of the Project site. Sensitive receptors (residences) abut the site to the west, east and north.

Applicable Regulations
City of Fowler Noise Ordinance: In addition to General Plan requirements, the City has established a Noise Ordinance in its municipal code. Noise ordinances establish noise limits for which penalties may be imposed or enforcement action may be taken. Therefore, while General Plan limits are to be taken into consideration during the development of a project and may or may not be strictly applied depending on the particular circumstances of the project, a noise ordinance generally must not be exceeded. In preparing a noise element, a city or county must identify local noise sources and analyze and quantify, to the extent practicable, current and projected noise levels for various sources, including highways and freeways; passenger and freight railroad operations; ground rapid transit systems; commercial, general, and military aviation and airport operations; and other ground stationary noise sources. 238
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-47
The Project is subject to the City of Fowler Noise Ordinance, which is covered in Chapter 21, Article 6 of the Municipal Code. It prohibits continued loud noise or noise which disturbs others by placing time constraints on noise producing activities and volume limits on noise amplification devices.

Construction is specifically addressed in Chapter 21, Article 6, Section 5-21.601(d):

The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 8:00 p.m., except by special permit issued by the City Manager, Building Official, or City Engineer upon a determination that the public health and safety will not be impaired thereby. Nothing in this section shall be deemed to alter construction hours beyond those set forth in the conditions of approval for a development project.

As well construction can occur for long hours and sometimes multiple days, the City will obtain a special permit pursuant to Chapter 21, Article 6, Section 5-21.601(d), to allow for construction outside of the hours stated in the City of Fowler Noise Ordinance.

Furthermore, noise level standards by receiving land use category have been established by the City of Fowler Municipal Code, as illustrated in Table 4-17, below.

Table 4-17: Noise Level Standards
Receiving Land
Use Category Time Period Noise Level(dBA)
Residential
10:00 p.m.—7:00 a.m. 50
7:00 a.m.—10:00 p.m. 60
Public Uses *
10:00 p.m.—7:00 a.m. 55
7:00 a.m.—10:00 p.m. 60
Commercial
10:00 p.m.—7:00 a.m. 60
7:00 a.m.—10:00 p.m. 65
Industrial Any time 70
* Public uses include schools, libraries, hospitals, churches, and parks.

Impact Analysis
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. The Project involves the construction of a groundwater well and associated infrastructure in southwest Fowler. The site is located in an area that is dominated by urban residential use and agriculture. The City of Fowler General Plan and the City of Fowler municipal code establish a range of 50 dBA to 60 dBA as the normally acceptable exterior noise criteria for urban residential and noise sensitive receptors or public uses.
239
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-48
Activities associated with construction would result in temporary elevated noise levels, with maximum construction noise levels ranging between 74 dBA to 89 dBA at 50 feet distance. Typical construction equipment would include backhoes, tractors, air compressors, scrapers, drills, concrete mixers, and numerous other miscellaneous tools and equipment. Construction of the Project would result in temporary increased noise levels in the immediate vicinity.

As illustrated in Table 4-18 below, typical construction noise levels could range between 74 to 89 dBA at a distance of 50 feet from the source, according to criteria from the Federal Transit Administration (FTA).21 Implementation of feasible noise control measures, such as the installation of mufflers or engine casing, would result in noise reduction of 5-10 dBA per source.

Additionally, as part of the Project a sound wall would be put up during well drilling activities to help further reduce the noise impacts to the nearby residences.

Because of these project features and the fact that construction noise will be temporary in nature, impacts would be less than significant.

Table 4-18: Typical Construction Noise Levels
21 (Federal Highway Administration 2017)
Equipment Typical Noise Level (dBA) 50 feet
from Source
Roller 74
Concrete Vibrator, Pump, Saw 76
Backhoe 80
Generator, Air Compressor 81
Compactor, concrete pump 82
Crane, Mobile 83
Dozer, Grader, Loader, Concrete
Mixer, Impact Wrench, Pneumatic
Tool
85 Truck, Jack Hammer 88
Paver, Scraper 89
Drill Rig 85
240
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-49
b) Would the project result in generation of excessive ground borne vibration or ground borne noise levels? Less than Significant Impact. Typical outdoor sources of perceptible ground borne vibration are construction equipment, steel-wheeled trains, and traffic on rough roads. Construction vibrations can be transient, random, or continuous. Construction associated with the Project is earthmoving activities associated installing pipelines, installing equipment and well drilling. Well drilling activities would create vibrations and would be continuous during various points of the drilling process. Construction noise and vibration would be temporary. As part of the Project, during the well drilling process, a sound wall will be put up to help reduce any impacts from ground borne noise and vibration. The approximate threshold of vibration perception is 65 VdB, while 85 VdB is the vibration acceptable only if there are an infrequent number of events per day.22 Operation is not anticipated to create significant noise or vibration at the site. The site will be designed similar to other urban well sites within the City and would not exceed the FTA thresholds for the nearest sensitive receptors. Therefore, impacts would be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project site is not located within an airport land use plan or within two miles of an airport.

The Fresno Yosemite International Airport is located approximately ten miles north-northwest and the Selma Municipal Airport is located approximately three miles south-southeast of the Project.

Furthermore, the Project does not involve the development of habitable structures or require the presence of permanent staff onsite. There would be no impact. 22 (US Department of Transportaion 2006)
241
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-50

4.14 POPULATION AND HOUSING
Table 4-19: Population and Housing Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Baseline Conditions
The City of Fowler’s water system is operated by the City’s Public Works Department, serving a current population of 6,700 people. 23 The City serves residential, commercial and industrial users through 2,160 service connections.

According to the City of Fowler 2040 General Plan, the City is expected to maintain a 2-3% growth rate over the planning period. This would be consistent with overall Fresno County growth. In 2010, Fowler had a population of 5,570 people while in In 2019, the population in Fowler had increased to 6,605 people. These numbers reflect that over this eight-year span Fowler grew by 18.6 percent (2.3 percent annual growth rate). In 2019, Fowler contained 2,061 dwelling units, resulting in a persons per dwelling unit count of

3.20.24 Impact Analysis
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
a-b) No Impact. The Project involves construction of a new groundwater well on a vacant site which was most recently used as stormwater retention pond. The Project would not encourage population growth directly or indirectly beyond that previously analyzed by the City’s General Plan. No housing or habitable structures would be built, nor will any be removed. Project implementation would not result in displacement of people or existing housing. Therefore, there would be no impact. 23 (United States Census Bureau 2022)
24 (City of Fowler 2023)
242
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-51

4.15 PUBLIC SERVICES
Table 4-20: Public Services
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of
which could cause significant
environmental impacts, in order to
maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?
Baseline Conditions
Fire Protection: The City of Fowler contracts with the Fresno County Fire Protection District for primary fire protection within the city limits. The nearest Fresno County Fire Protection District station, Fresno County Fire Station 82 is located approximately 4.9 miles northeast of the Project site.

Police Protection: The Fowler Police Department, located 0.85 miles northeast of the Project site, provides 24-hour policing services within the city limits.

Schools: Sutter Middle School is the nearest school to the Project site, located approximately one mile northeast.

The Project site is also in the district boundary of the Fowler Unified School District which includes three elementary schools, one middle school, one high school, and Fowler Academy Continuation School, which comprises grades 7 through 12.

Parks: The City has four designated City Parks, all of which are managed by the City’s Department of Recreation. Donny Wright Park, the newest and largest park in the City, is located approximately 500 feet north of the Project site. The park covers an area of approximately 6.0 acres and includes an expanse of irrigated lawn and trails for recreation.

Library: The Fowler branch of the Fresno County Public Library is located 0.68 miles northeast of the Project site.

Other Public Facilities: No impacts are anticipated to other public facilities. 243
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-52
Impact Analysis
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i. Fire Protection:
ii. Police Protection:
iii. Schools:
iv. Parks:
v. Other public facilities:

No Impact. The Project does not include any features or facilities that would require additional fire protection resources or enhanced levels of police protection. The Project does not have the potential to directly increase or decrease the area’s population and would therefore not result in impacts to schools, parks, or other public facilities. Therefore, there would be no impacts. 244
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-53

4.16 RECREATION
Table 4-21: Recreation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Increase the use of existing neighborhood
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or
be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
Baseline Conditions
There are currently four City Parks in Fowler, all of which are administered by the Department of Parks and Recreation. Panzak Park covers an area of approximately 2.5 acres and includes a covered picnic area, large shade trees, playground equipment, and tennis courts. Donny Wright Park covers an area of approximately

6.0 acres and includes an expanse of irrigated lawn and trails for recreation. Margaret Cowings Park is an approximate 0.05-acre pocket park comprised of irrigated lawn and shade trees near the corner of Merced Street and Ninth Street. Also considered a City Park, the Fowler Veteran’s Monument covers an area of approximately 0.10 acres and includes benches on paved surfaces, a scenic fountain, several flag poles, ornamental hedges, and rose gardens. There are no State or regional parks within the Project area.

Impact Analysis
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a-b) No Impact. The Project does not include the construction of residential uses and would not directly or indirectly induce population growth. Therefore, the proposed Project would not cause physical deterioration of existing recreational facilities from increased usage or result in the need for new or expanded recreational facilities. The Project would have no impact to existing parks or recreation facilities. 245
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-54

4.17 TRANSPORTATION
Table 4-22: Transportation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Baseline Conditions
The Project site is located in the southwest area of the City of Fowler within Fresno County. The City is bisected by SR 99, Golden State Boulevard, and an active railroad used for freight trains. All three of these major transportation routes run northwest-southeast, parallel to each other.

Impact Analysis
a) Would the project conflict with a plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)? c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Would the project result in inadequate emergency access? a-d) Less than Significant Impact. The Project includes the construction and operation of a new groundwater well and associated infrastructure to supplement the City’s water supplies. Construction activities would be temporary in nature, lasting approximately 17 months and would not cause any road closures that could interfere with any adopted emergency response or evacuation plan. The construction contractor will be required to work with the City and County (public works, police/fire, etc.) if roadway diversions are required to ensure that adequate access is maintained for residents and emergency vehicles. Once installed, the new water well would not generate significant additional traffic trips per day.

The only operational trips associated with the Project would be for routine maintenance or inspection.

This would include two trips a week (Monday & Fridays) to get gallons pumped readings at each of the well sites and an additional trip once a month for cleaning and routine maintenance. There are no components of the Project that would increase hazards due to a geometric design feature or an 246
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-55
incompatible use. The Project would not conflict with a circulation program plan, ordinance, or policy addressing the circulation system and therefore impacts would be less than significant. 247
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-56

4.18 TRIBAL CULTURAL RESOURCES
Table 4-23: Tribal Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of
the landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
i. Listed or eligible for listing in the
California Register of Historical
Resources, or in the local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or
ii. A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resources
Code Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe.

Baseline Conditions
Penutian-speaking Yokuts tribal groups occupied the southern San Joaquin Valley region and much of the nearby Sierra Nevada. For a variety of historical reasons, existing research information emphasizes the central Yokuts tribes who occupied both the valley and particularly the foothills of the Sierra. The northernmost tribes suffered from the influx of Euro-Americans during the Gold Rush and their populations were in substantial decline by the time ethnographic studies began in the early twentieth century. In contrast, the southernmost tribes were partially removed by the Spanish to missions and eventually absorbed into multi-tribal communities on the Sebastian Indian Reservation (on Tejon Ranch), and later the Tule River Reservation and Santa Rosa Rancheria to the north, as well as other reservations in the foothills and Sierras. The result is an unfortunate scarcity of ethnographic detail on valley tribes, especially in relation to the rich information collected from the central foothills tribes where native speakers of the Yokuts dialects are still found. Regardless, the general details of indigenous life-ways were similar across the broad expanse of Yokuts territory, particularly in terms of environmentally influenced subsistence and adaptation and with regard to religion and belief, which were similar everywhere. (See Appendix C: ) 248
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-57
Although population estimates vary and population size was greatly affected by the introduction of EuroAmerican diseases and social disruption, the Yokuts were one of the largest, most successful groups in Native California. It is estimated that the Yokuts region contained 27 percent of the aboriginal population in the state at the time of contact; other estimates are even higher. Many Yokut descendants continue to live in Fresno County, either on tribal reservations, or in local towns and communities. (Appendix C) Records Search
An archival records search was conducted at the California State University, Bakersfield, Southern San Joaquin Valley Information Center (SSJVIC), by SSJVIC staff members on February 6, 2023, to determine: (i) if prehistoric or historical cultural resources had previously been recorded within the APE; (ii) if the APE had been systematically surveyed by archaeologists prior to the initiation of this field study; and/or (iii) whether the region of the Project was known to contain archaeological sites and to thereby be archaeologically sensitive. (Appendix C)
According to the records search results, no previous studies have been conducted in the Project area, and no resources of any kind are known to exist within it. (Appendix C) Native American Outreach
In February 2023, ASM contacted the NAHC in Sacramento. ASM provided NAHC a brief description of the project and a map showing its location and requested that the NAHC perform a search of the Sacred Lands File to determine if any Native American resources have been recorded in the immediate study area. The results were negative. Provost & Pritchard also requested NAHC provide a current list of local Native American contacts for the Project APE. The tribes identified by NAHC were contacted in writing via US mail with a letter dated February 24, 2023, informing them about the Project. Follow up emails were sent March 15 and March 27, 2023. One response was received by the Traditional Choinumni Tribe stating that they have no knowledge of cultural resources, areas, or concerns within the project area. No additional correspondence was received. (Appendix C)
The results of the SLF search were negative for the presence of tribal cultural resources.

Applicable Regulations
Public Resources Code Section 21080.3.1, et seq. (Codification of AB 52, 2013-14) Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14) requires that a lead agency, within 14 days of determining that it would undertake a project, must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement would be made. The City, as a public lead agency, has received a formal request for notification from the Santa Rosa Rancheria Tachi Yokut Tribe.

As described above, the Tribe was notified in writing on April 20, 2023. No response has been received. In 249
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-58
addition, no comments or concerns were raised about the areas by the contacted tribes during general tribal consultation. (Appendix C)
Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California Register of Historical Resources, or in the local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less than Significant Impact with Mitigation Incorporated. A search of the NAHC Sacred Lands File was completed for the APE. No tribal cultural resources were identified. Additionally, a records search was conducted at the Southern San Joaquin Valley Archaeological Information Center, California State University, Bakersfield. This search also determined that tribal cultural resources were not present onsite. As stated above, of the tribes notified by mail of the Project, only one response was received, and it did not identify any areas of concern.

There is little chance the Project would cause a substantial adverse change to the significance of a tribal cultural resource as defined. Mitigation Measures CUL-1 and CUL-2, described in Section 4.5.3 are recommended in the event cultural materials or human remains are unearthed during excavation or construction. Implementation of mitigation measures outlined above would reduce impacts to tribal cultural resources to less than significant impacts.

Mitigation
See CUL-1 and CUL-2 outlined above in Section 4.5.3
250
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-59

4.19 UTILITIES AND SERVICE SYSTEMS
Table 4-24: Utilities and Service Systems Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Baseline Conditions
The City’s sanitary sewer service is provided by the Selma-Kingsburg-Fowler County Sanitation District (SKF CSD) and solid waste services are provided by Waste Management, Inc. SKF CSD operates wastewater treatment and disposal facilities on a 550-acre site located approximately 9.5 miles southeast of the Project site. Solid waste within Fresno County is transferred to the American Avenue Landfill in Kerman, CA, approximately 25 miles northwest of the Project site.

The City lies entirely within the Kings Groundwater Subbasin of the San Joaquin Valley Groundwater Basin.

Water supply is produced from six groundwater wells located throughout the City and distribution is provided by the Water Division of the City’s Public Works Department through a system in which pumps deliver water from beneath the ground to a network of water mains, pipelines and laterals, which distribute water to residents and businesses. Municipal water is tested to ensure quality, according to the City’s Annual Water Quality Report the average depth to groundwater is 85 to 95 feet, and currently five of the six existing wells produce drinking water of good quality that does not require treatment. 251
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-60
Impact Analysis
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. The proposed Project would not exceed wastewater treatment requirements or require new facilities. The Project entails the construction of a new groundwater well and associated infrastructure, which will not generate wastewater or require expansion of existing facilities. There would be no impact. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. The Project would consist of the construction of a new groundwater well in the City of Fowler. The City currently has six active wells that provide drinking water for the community.

Municipal water testing has revealed the presence of TCP at 5 out of 6 supply wells. Wells 4, 5A, 6, and 8A have experienced individual TCP detections at, or greater than the MCL value but have not yet violated the standard, which is based on a running annual average of measurements. Well 7 has TCP levels greater than the allowable standard and the City is in the process of designing a water treatment facility to remove TCP. This treatment facility is located at another site within the City of Fowler. The Project does leave room for future water treatment equipment if needed, but at this time it is not being installed. The new well would supplement the active wells as well as provide an additional source of clean drinking water for the community. Additionally, though the proposed well is expected to add to the City’s available water supply, the well would not increase current water demand. Sufficient water supplies are available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years. Impacts would be less than significant.
c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No Impact. The Project would include the construction and operation of a groundwater well in the City of Fowler. The construction of the groundwater well to provide safe drinking water to Fowler residents will not increase demand on wastewater treatment facilities or services. Therefore, no impact would occur.
d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
d-e) Less than Significant Impact. Project construction would generate minimal amounts of solid waste.

Apart from occasional routine maintenance, Project operation will be un-manned and therefore would not generate waste on an ongoing basis. The Project would comply with all federal, State, and local statutes and regulations related to solid waste during construction. Any impact would be less than significant.
252
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-61

4.20 WILDFIRE
Table 4-25: Wildfire Impacts
If located in or near state
responsibility areas or lands classified
as very high fire hazard severity
zones, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to
pollutant concentrations from a wildfire or
the uncontrollable spread of wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
Baseline Conditions
The Project is located in the City of Fowler in the southwest area of the City within Fresno County. The site is in a flat urbanized area of the Central San Joaquin Valley. It is in an urbanized area and would add a new groundwater well to an area that has housing in the vicinity. The Project site would be served by the Fresno County Fire Protection District, and it is not located in or near a State Responsibility Area. Additionally, the Project is not on or near land classified as a very high fire hazard severity zone. The nearest very high fire hazard severity zone is located approximately 25 miles northeast.

Impact Analysis
a) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
b) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, 253
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-62
fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? a-d) No Impact. The Project is not located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones. The nearest State Responsibility Area (SRA) is 14 miles to the northeast of the Project site. The nearest Federal Responsibility Area (FRA) is 20.4 miles to the northeast of the Project site.25 Additionally, the site is approximately 25 miles from the nearest Very High classification of Fire Hazard Severity Zone. There would be no impact.
25 (CAL FIRE 2022)
254
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-63

4.21 CEQA MANDATORY FINDINGS OF SIGNIFICANCE
Table 4-26: CEQA Mandatory Findings of Significance
Does the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
a) Have the potential to substantially degrade the
quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
substantially reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental
effects of a project are considerable when
viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)?
c) Have environmental effects which will cause
substantial adverse effects on human beings,
either directly or indirectly?
Statement of Findings
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant with Mitigation Incorporated. The analysis conducted in this Initial Study/Mitigated Negative Declaration results in a determination that the Project, with incorporation of mitigation measures, will have a less than significant effect on the environment. The potential for impacts to biological resources, cultural resources, and tribal cultural resources from the implementation of the proposed Project will be less than significant with the incorporation of the mitigation measures discussed in Chapter 5. Accordingly, the Project will involve no potential for significant impacts through the degradation of the quality of the environment, the reduction of habitat or population of fish or wildlife, including endangered plants or animals, the elimination of a plant or animal community or example of a major period of California history or prehistory.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
255
Section 8, Item J.

Chapter 4: Environmental Impact Analysis
Well No. 9
December 2023 4-64
Less Than Significant Impact with Mitigation Incorporated. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the Project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. The Project would consist of the construction of a new groundwater well and associated infrastructure for additional water supply to provide drinking water to residents. No additional roads would be constructed as a result of the Project, nor would any additional public services be required. The Project is intended to supplement city water supplies and would not result in direct or indirect population growth beyond what is planned for in the General Plan. Therefore, implementation of the Project would not result in significant cumulative impacts and all potential impacts would be reduced to less than significant through the implementation of mitigation measures and basic regulatory requirements incorporated into future Project design. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact. The Project would include the construction of a new groundwater well and associated infrastructure. The Project in and of itself would not create a significant hazard to the public or the environment. Construction related air quality exposure impacts could occur as a result of project construction. However, implementation of basic regulatory requirements identified in this IS/MND would ensure that impact is less than significant. Therefore, the Project would not have any direct or indirect adverse impact on humans. This impact would be less than significant. 256
Section 8, Item J.

Chapter 5- Mitigation, Monitoring, & Reporting Program
Well No. 9
December 2023 5-1
CHAPTER 5 MITIGATION,

MONITORING, AND REPORTING

PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Project in the City of Fowler. The MMRP lists mitigation measures recommended in the IS/MND for the Project and identifies monitoring and reporting requirements.

Table 5-1: Mitigation, Monitoring, and Reporting Program presents the mitigation measures identified for the Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number. For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

The first column of Table 5-1: Mitigation, Monitoring, and Reporting Program identifies the mitigation measure. The second column, entitled “When Monitoring is to Occur,” identifies the time the mitigation measure should be initiated. The third column, “Frequency of Monitoring,” identifies the frequency of the monitoring of the mitigation measure. The fourth column, “Agency Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last columns will be used by the Lead and Responsible Agencies to ensure that individual mitigation measures have been complied with and monitored.
257
Section 8, Item J.

Chapter 5- Mitigation, Monitoring, & Reporting Program
Well No. 9
December 2023 5-2
Table 5-1: Mitigation, Monitoring, and Reporting Program Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
Biological Resources
BIO-1
Avoidance: The Project’s construction activities
would occur, if feasible between September 16 and
January 31 (outside of nesting bird season) in an
effort to avoid impacts to nesting birds.

Prior to the start of
construction activities
7 days prior to the
start of
construction
City of Fowler
Contractor’s
construction
schedule
BIO-2
Pre-construction Surveys: If activities must occur
within nesting bird season (February 1 to September
15), a qualified biologist would conduct preconstruction surveys for Swainson’s hawk nests onsite and within a 0.5-mile radius. This survey
would be conducted in accordance with the
Recommended Timing and Methodology for
Swainson's Hawk Nesting Surveys in California's
Central Valley (Swainson's Hawk Technical Advisory
Committee, 2000) or current guidance. The preconstruction survey would also provide a presence/absence survey for all other nesting birds
within the APE and an additional 50 feet, no more
than 7 days prior to the start of construction. All
raptor nests would be considered “active” upon the
nest-building stage.

Prior to the start of
construction activities
7 days prior to the
start of
construction
City of Fowler
Qualified
Biologist
report of preconstruction
survey
BIO-3
Establish Buffers: On discovery of any active nests or
breeding colonies near work areas, the biologist
would determine appropriate construction setback
distances based on applicable CDFW and/or USFWS
guidelines and/or the biology of the species in
question. Construction buffers would be identified
with flagging, fencing, or other easily visible means,
and would be maintained until the biologist has
determined that the nestlings have fledged.

Prior to the start of
construction activities
7 days prior to the
start of
construction
City of Fowler
Qualified
Biologist
report of preconstruction
survey
BIO-4
ITP: In the event an active Swainson’s Hawk nest or
other nest is detected during surveys and cannot be
avoided, consultation with CDFW would be
warranted to discuss how to implement the Project
and avoid take. If take cannot be avoided, take
Prior to the start of
construction activities
7 days prior to the
start of
construction
City of Fowler Acquisition of
permit
258
Section 8, Item J.

Chapter 5- Mitigation, Monitoring, & Reporting Program
Well No. 9
December 2023 5-3
Mitigation, Monitoring, and Reporting Program
Item Mitigation Measure When Monitoring is
to Occur
Frequency of
Monitoring
Agency
Responsible for
Monitoring
Method to
Verify
Compliance
Verification of
Compliance
authorization through the acquisition of an ITP
pursuant to Fish and Game Code section 2081,
subdivision (b) is necessary to comply with CESA.

Cultural Resources
CUL-1
Should archeological remains or artifacts be
unearthed during any stage of project activities,
work in the area of the discovery shall cease until the area is evaluated by a qualified archaeologist. If
mitigation is warranted, the project proponent shall
abide by recommendations of the archaeologist.

During construction
activities Daily City of Fowler
City of Fowler
with
assistance of
a qualified
archaeologist
CUL-2
In the event that human remains are discovered on
the Project site, the Fresno County Coroner must be
noƟfied of that discovery (California Health an d
Safety Code, SecƟon 7050.5) and all acƟviƟes in the
immediate area if the find or in any nearby area
reasonably suspected of overlie adjacent human
remains must cease unƟl appropriate and lawful
measures have been implemented. If the Coroner
determines that the remains are not recent, but
rather of NaƟve American origin, the Coroner shall
noƟfy the NAHC in Sacramento within 24 hours to
permit the NAHC to determine the most likely
descendent of the deceased NaƟve American.

During construction
activities Daily City of Fowler
City of Fowler
with
assistance of
County
Coroner
Geology and Soils
GEO-1
Should a unique paleontological resource, site, or
unique geological feature be unearthed during any
stage of Project activities, work in the area of
discovery will cease until the area is evaluated by a
qualified geologist and/or paleontologist. If
discoveries are uncovered, the Project proponent
will abide by recommendations of the geologist or
paleontologist.

During construction
activities Daily City of Fowler
City of Fowler
with
assistance of
a qualified
geologist
and/or
paleontologist
259
Section 8, Item J.

Chapter 6 - References
Well No. 9
December 2023 6-1
CHAPTER 6 REFERENCES
CAL FIRE. 2022. Fire Hazard Severity Zones in State Responisbility Area. Accessed April 2023. https://calfireforestry.maps.arcgis.com/apps/webappviewer/index.html?id=4466cf1d2b9947bea1d4269997e8 6553.

Calfornia Department of Conservation. 2022. Important Farmland Categories. Accessed May 2023. https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx.

California Department of Conservation. 1999. CGS Information Warehouse. April 1. https://maps.conservation.ca.gov/cgs/informationwarehouse/mlc/.

California Department of Food and Agriculture. 2020. Unites States Department of Agriculture National Statistics Service. April 24.
https://www.nass.usda.gov/Statistics_by_State/California/Publications/AgComm/2018/2018crop yearcactb00.pdf.

California Department of Water Resources. 2022. California's Groundwater Live . https://sgma.water.ca.gov/CalGWLive/.
—. 2018. DWR Groundwater Basin Boundary Assessment Tool. https://gis.water.ca.gov/app/bbat/.

California Geologic Energy Management Division. 2023. Well Finder CalGEM. Accessed April 2023. https://maps.conservation.ca.gov/doggr/wellfinder/#openModal/-124.55677/35.99051/5.

City of Fowler. 2023. "2040 General Plan."
—. 2023. Fowler General Plan Update. Accessed April 2023. https://fowlercity.org/city_departments/general_plan/Fowler_General_Plan.pdf.

Federal Highway Administration . 2017. Construction Noise Handbook. Accessed April 2023. https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm.

San Joaquin Valley Air Pollution Control District. 2009. Guidance for Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. November 5. Accessed June 30 2022. http://www.valleyair.org/programs/CCAP/11-05-
09/3_CCAP_FINAL_LU_Guidance_Nov_05_2009.pdf.

South Coast Air Quality Management District. 2008. "Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans." December 5. http://www.aqmd.gov/docs/defaultsource/ceqa/handbook/greenhouse-gases-(ghg)-ceqa-significancethresholds/ghgboardsynopsis.pdf?sfvrsn=2.

United States Census Bureau. 2022. Fowler City QuickFacts. Accessed April 2023. https://www.census.gov/quickfacts/fowlercitycalifornia.

United States Department of Agriculture . 2022. Web Soil Survey . Accessed April 2023. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. 260
Section 8, Item J.

Chapter 6 - References
Well No. 9
December 2023 6-2
United States Environmental Protection Agency . 2023. Waters GeoViewer. Accessed February 2023. https://www.epa.gov/waterdata/waters-geoviewer.

United States Environmental Protection Agency. n.d. United States Environmental Protection Agency WATERS GeoViewer. https://www.epa.gov/waterdata/waters-geoviewer.

United States Fish & Wildlife Service. 2020. "Species Status Assessment Report for the San Joaquin kit fox (Vulpes macrotis mutica)."
US Department of Transportaion. 2006. "Transit Noise And Vibration." https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FTA_Noise_and_Vibration_Manual.pdf. 261
Section 8, Item J.

Appendices
Well No. 9
December 2023 A-1
Appendix A: CalEEMod Output Files
262
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
1 / 31
Fowler Well 9 Custom Report
Table of Contents

1. Basic Project Information

1.1. Basic Project Information

1.2. Land Use Types

2. Emissions Summary

2.2. Construction Emissions by Year, Unmitigated

2.5. Operations Emissions by Sector, Unmitigated

3. Construction Emissions Details

3.1. Demolition (2023) - Unmitigated

3.3. Site Preparation (2023) - Unmitigated

3.5. Grading (2023) - Unmitigated

3.7. Building Construction (2023) - Unmitigated

3.9. Paving (2023) - Unmitigated

3.11. Architectural Coating (2023) - Unmitigated

4. Operations Emissions Details
263
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
2 / 31

4.2. Energy

4.2.1. Electricity Emissions By Land Use - Unmitigated

4.2.3. Natural Gas Emissions By Land Use - Unmitigated

4.3. Area Emissions by Source

4.3.1. Unmitigated

4.4. Water Emissions by Land Use

4.4.1. Unmitigated

4.5. Waste Emissions by Land Use

4.5.1. Unmitigated

4.6. Refrigerant Emissions by Land Use

4.6.1. Unmitigated

4.7. Offroad Emissions By Equipment Type

4.7.1. Unmitigated

4.8. Stationary Emissions By Equipment Type

4.8.1. Unmitigated

5. Activity Data

5.1. Construction Schedule
264
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
3 / 31

5.2. Off-Road Equipment

5.2.1. Unmitigated

5.3. Construction Vehicles

5.3.1. Unmitigated

5.5. Architectural Coatings

5.6. Dust Mitigation

5.6.1. Construction Earthmoving Activities

5.7. Construction Paving

5.8. Construction Electricity Consumption and Emissions Factors

5.9. Operational Mobile Sources

5.9.1. Unmitigated

5.10. Operational Area Sources

5.10.2. Architectural Coatings

5.11. Operational Energy Consumption

5.11.1. Unmitigated

5.13. Operational Waste Generation

5.13.1. Unmitigated
265
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
4 / 31

5.14. Operational Refrigeration and Air Conditioning Equipment

5.14.1. Unmitigated

5.15. Operational Off-Road Equipment

5.15.1. Unmitigated

5.16. Stationary Sources

5.16.1. Emergency Generators and Fire Pumps

8. User Changes to Default Data
266
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
5 / 31

1. Basic Project Information

1.1. Basic Project Information
Data Field Value
Project Name Fowler Well 9
Construction Start Date 1/1/2023
Operational Year 2023
Lead Agency —
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 2.70
Precipitation (days) 25.4
Location 36.62033636021606, -119.68639615691399
County Fresno
City Fowler
Air District San Joaquin Valley APCD
Air Basin San Joaquin Valley
TAZ 2536
EDFZ 5
Electric Utility Pacific Gas & Electric Company
Gas Utility Pacific Gas & Electric
App Version 2022.1.1.21

1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq ft)
Population Description
267
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
6 / 31
General Light
Industry

3.00 1000sqft 0.51 3,000 0.00 0.00 — —

2. Emissions Summary

2.2. Construction Emissions by Year, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily -
Summer
(Max)
— — — — — — — — — — — — — — — — — —
2023 0.73 2.93 5.94 7.06 0.01 0.28 0.10 0.31 0.26 0.02 0.26 — 1,319 1,319 0.05 0.01 0.48 1,324 Daily -
Winter
(Max)
— — — — — — — — — — — — — — — — — —
2023 1.56 1.31 12.6 11.6 0.02 0.60 5.35 5.95 0.55 2.58 3.13 — 1,755 1,755 0.07 0.02 0.01 1,762 Average
Daily
— — — — — — — — — — — — — — — — — —
2023 0.23 0.23 1.93 2.28 < 0.005 0.09 0.04 0.13 0.08 0.02 0.10 — 413 413 0.02 < 0.005 0.01 414 Annual — — — — — — — — — — — — — — — — — —
2023 0.04 0.04 0.35 0.42 < 0.005 0.02 0.01 0.02 0.02 < 0.005 0.02 — 68.3 68.3 < 0.005 < 0.005 < 0.005 68.6

2.5. Operations Emissions by Sector, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Mobile 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Area — 0.07 — — — — — — — — — — — — — — — —268
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
7 / 31
Energy < 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 465 465 0.07 0.01 — 469 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 2.00 0.00 2.00 0.20 0.00 — 7.01 Refrig. — — — — — — — — — — — — — — — — 0.78 0.78
Off-Road 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Stationar
y

0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total < 0.005 0.07 0.03 0.03 < 0.005 < 0.005 0.00 < 0.005 < 0.005 0.00 < 0.005 2.00 465 467 0.27 0.01 0.78 477 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Mobile 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Area — 0.07 — — — — — — — — — — — — — — — —
Energy < 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 465 465 0.07 0.01 — 469 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 2.00 0.00 2.00 0.20 0.00 — 7.01 Refrig. — — — — — — — — — — — — — — — — 0.78 0.78
Off-Road 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Stationar
y

0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total < 0.005 0.07 0.03 0.03 < 0.005 < 0.005 0.00 < 0.005 < 0.005 0.00 < 0.005 2.00 465 467 0.27 0.01 0.78 477 Average
Daily
— — — — — — — — — — — — — — — — — —
Mobile < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.18 0.18 < 0.005 < 0.005 < 0.005 0.19 Area — 0.07 — — — — — — — — — — — — — — — —
Energy < 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 465 465 0.07 0.01 — 469 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 2.00 0.00 2.00 0.20 0.00 — 7.01 Refrig. — — — — — — — — — — — — — — — — 0.78 0.78
269
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
8 / 31
Off-Road 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Stationar
y

0.05 0.04 0.19 0.17 < 0.005 0.01 — 0.01 0.01 — 0.01 — 23.0 23.0 < 0.005 < 0.005 — 23.1 Total 0.05 0.12 0.22 0.20 < 0.005 0.02 < 0.005 0.02 0.02 < 0.005 0.02 2.00 488 490 0.27 0.01 0.78 500 Annual — — — — — — — — — — — — — — — — — —
Mobile < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.03 0.03 < 0.005 < 0.005 < 0.005 0.03 Area — 0.01 — — — — — — — — — — — — — — — —
Energy < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 76.9 76.9 0.01 < 0.005 — 77.6 Water — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Waste — — — — — — — — — — — 0.33 0.00 0.33 0.03 0.00 — 1.16 Refrig. — — — — — — — — — — — — — — — — 0.13 0.13
Off-Road 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Stationar
y

0.01 0.01 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 3.81 3.81 < 0.005 < 0.005 — 3.82 Total 0.01 0.02 0.04 0.04 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 0.33 80.7 81.1 0.05 < 0.005 0.13 82.8

3. Construction Emissions Details

3.1. Demolition (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.65 0.54 4.99 5.91 0.01 0.21 — 0.21 0.20 — 0.20 — 852 852 0.03 0.01 — 855 270
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
9 / 31
Demolitio — — — — — — 0.00 0.00 — 0.00 0.00 — — — — — — — Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.02 0.01 0.14 0.16 < 0.005 0.01 — 0.01 0.01 — 0.01 — 23.3 23.3 < 0.005 < 0.005 — 23.4 Demolitio
n
— — — — — — 0.00 0.00 — 0.00 0.00 — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment
< 0.005 < 0.005 0.02 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 3.87 3.87 < 0.005 < 0.005 — 3.88 Demolitio
n
— — — — — — 0.00 0.00 — 0.00 0.00 — — — — — — —
Onsite
truck

Fowler Well 9 Custom Report, 12/12/2023
10 / 31
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.26 0.26 < 0.005 < 0.005 < 0.005 0.27 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.3. Site Preparation (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.64 0.54 5.02 5.57 0.01 0.27 — 0.27 0.25 — 0.25 — 858 858 0.03 0.01 — 861 Dust
From
Material
Movement
— — — — — — 0.53 0.53 — 0.06 0.06 — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment
< 0.005 < 0.005 0.01 0.02 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 2.35 2.35 < 0.005 < 0.005 — 2.36 Dust
From
Material
Movement
— — — — — — < 0.005 < 0.005 — < 0.005 < 0.005 — — — — — — — 272
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
11 / 31
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment
< 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 0.39 0.39 < 0.005 < 0.005 — 0.39 Dust
From
Material
Movement
— — — — — — < 0.005 < 0.005 — < 0.005 < 0.005 — — — — — — — Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.02 0.02 0.02 0.18 0.00 0.00 0.03 0.03 0.00 0.01 0.01 — 28.0 28.0 < 0.005 < 0.005 < 0.005 28.5 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.08 0.08 < 0.005 < 0.005 < 0.005 0.08 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.01 0.01 < 0.005 < 0.005 < 0.005 0.01 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 273
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
12 / 31

3.5. Grading (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

1.52 1.28 12.6 11.4 0.02 0.60 — 0.60 0.55 — 0.55 — 1,713 1,713 0.07 0.01 — 1,719 Dust
From
Material
Movement
— — — — — — 5.31 5.31 — 2.57 2.57 — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.01 0.01 0.07 0.06 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 9.39 9.39 < 0.005 < 0.005 — 9.42 Dust
From
Material
Movement
— — — — — — 0.03 0.03 — 0.01 0.01 — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment
< 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.55 1.55 < 0.005 < 0.005 — 1.56 274
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
13 / 31
Dust — — — — — — 0.01 0.01 — < 0.005 < 0.005 — — — — — — — From
Material
Movement
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.04 0.03 0.03 0.27 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 42.1 42.1 < 0.005 < 0.005 0.01 42.7 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.24 0.24 < 0.005 < 0.005 < 0.005 0.24 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.04 0.04 < 0.005 < 0.005 < 0.005 0.04 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.7. Building Construction (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
275
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
14 / 31
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.69 0.58 5.93 7.00 0.01 0.28 — 0.28 0.26 — 0.26 — 1,305 1,305 0.05 0.01 — 1,309 Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.69 0.58 5.93 7.00 0.01 0.28 — 0.28 0.26 — 0.26 — 1,305 1,305 0.05 0.01 — 1,309 Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.19 0.16 1.62 1.92 < 0.005 0.08 — 0.08 0.07 — 0.07 — 357 357 0.01 < 0.005 — 359 Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.03 0.03 0.30 0.35 < 0.005 0.01 — 0.01 0.01 — 0.01 — 59.2 59.2 < 0.005 < 0.005 — 59.4 Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.01 0.01 < 0.005 0.06 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 7.97 7.97 < 0.005 < 0.005 0.03 8.11 Vendor < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 6.69 6.69 < 0.005 < 0.005 0.02 7.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 276
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
15 / 31
Daily, — — — — — — — — — — — — — — — — — —
Winter
(Max)
Worker 0.01 0.01 < 0.005 0.05 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 7.07 7.07 < 0.005 < 0.005 < 0.005 7.18 Vendor < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 6.70 6.70 < 0.005 < 0.005 < 0.005 7.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.01 2.01 < 0.005 < 0.005 < 0.005 2.04 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 1.83 1.83 < 0.005 < 0.005 < 0.005 1.92 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.33 0.33 < 0.005 < 0.005 < 0.005 0.34 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 0.30 0.30 < 0.005 < 0.005 < 0.005 0.32 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.9. Paving (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.64 0.53 4.61 5.32 0.01 0.22 — 0.22 0.20 — 0.20 — 823 823 0.03 0.01 — 826 Paving — 0.00 — — — — — — — — — — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 277
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
16 / 31
Daily, — — — — — — — — — — — — — — — — — —
Winter
(Max)
Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.01 0.01 0.06 0.07 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 11.3 11.3 < 0.005 < 0.005 — 11.3 Paving — 0.00 — — — — — — — — — — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment
< 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.87 1.87 < 0.005 < 0.005 — 1.87 Paving — 0.00 — — — — — — — — — — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.09 0.09 0.05 0.78 0.00 0.00 0.10 0.10 0.00 0.02 0.02 — 111 111 0.01 < 0.005 0.48 113 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Average
Daily
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 1.39 1.39 < 0.005 < 0.005 < 0.005 1.42 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —278
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
17 / 31
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.23 0.23 < 0.005 < 0.005 < 0.005 0.23 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.11. Architectural Coating (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.18 0.15 0.93 1.15 < 0.005 0.04 — 0.04 0.03 — 0.03 — 134 134 0.01 < 0.005 — 134 Architect
ural
Coatings
— 2.78 — — — — — — — — — — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment
< 0.005 < 0.005 0.01 0.02 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.83 1.83 < 0.005 < 0.005 — 1.84 Architect
ural
Coatings
— 0.04 — — — — — — — — — — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
279
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
18 / 31
Off-Road < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 0.30 0.30 < 0.005 < 0.005 — 0.30 Equipment
Architect
ural
Coatings
— 0.01 — — — — — — — — — — — — — — — —
Onsite
truck

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 1.59 1.59 < 0.005 < 0.005 0.01 1.62 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Average
Daily
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.02 0.02 < 0.005 < 0.005 < 0.005 0.02 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

4. Operations Emissions Details

4.2. Energy
280
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
19 / 31

4.2.1. Electricity Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — — 19.9 19.9 < 0.005 < 0.005 — 20.1 undefine
d
— — — — — — — — — — — — 405 405 0.07 0.01 — 409
Total — — — — — — — — — — — — 425 425 0.07 0.01 — 429
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — — 19.9 19.9 < 0.005 < 0.005 — 20.1 undefine
d
— — — — — — — — — — — — 405 405 0.07 0.01 — 409
Total — — — — — — — — — — — — 425 425 0.07 0.01 — 429
Annual — — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — — 3.29 3.29 < 0.005 < 0.005 — 3.33 undefine
d
— — — — — — — — — — — — 67.1 67.1 0.01 < 0.005 — 67.8
Total — — — — — — — — — — — — 70.4 70.4 0.01 < 0.005 — 71.1

4.2.3. Natural Gas Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) 281 Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
20 / 31
Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
< 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 39.4 39.4 < 0.005 < 0.005 — 39.5 Total < 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 39.4 39.4 < 0.005 < 0.005 — 39.5 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
< 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 39.4 39.4 < 0.005 < 0.005 — 39.5 Total < 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 39.4 39.4 < 0.005 < 0.005 — 39.5 Annual — — — — — — — — — — — — — — — — — —
General
Light
Industry
< 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 6.52 6.52 < 0.005 < 0.005 — 6.54 Total < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 6.52 6.52 < 0.005 < 0.005 — 6.54

4.3. Area Emissions by Source

4.3.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Consum
er
Products
— 0.06 — — — — — — — — — — — — — — — —
282
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
21 / 31
Architect
Coatings
— < 0.005 — — — — — — — — — — — — — — — —
Total — 0.07 — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Consum
er
Products
— 0.06 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— < 0.005 — — — — — — — — — — — — — — — —
Total — 0.07 — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Consum
er
Products
— 0.01 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— < 0.005 — — — — — — — — — — — — — — — —
Total — 0.01 — — — — — — — — — — — — — — — —

4.4. Water Emissions by Land Use

4.4.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
283
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
22 / 31
General — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Light
Industry
Total — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
Total — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00 Annual — — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
Total — — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00

4.5. Waste Emissions by Land Use

4.5.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — 2.00 0.00 2.00 0.20 0.00 — 7.01
Total — — — — — — — — — — — 2.00 0.00 2.00 0.20 0.00 — 7.01 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
284
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
23 / 31
General
Light
Industry
— — — — — — — — — — — 2.00 0.00 2.00 0.20 0.00 — 7.01
Total — — — — — — — — — — — 2.00 0.00 2.00 0.20 0.00 — 7.01 Annual — — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — 0.33 0.00 0.33 0.03 0.00 — 1.16
Total — — — — — — — — — — — 0.33 0.00 0.33 0.03 0.00 — 1.16

4.6. Refrigerant Emissions by Land Use

4.6.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — — — — — — 0.78 0.78
Total — — — — — — — — — — — — — — — — 0.78 0.78
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
General
Light
Industry
— — — — — — — — — — — — — — — — 0.78 0.78
Total — — — — — — — — — — — — — — — — 0.78 0.78
Annual — — — — — — — — — — — — — — — — — —
285
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
24 / 31
General — — — — — — — — — — — — — — — — 0.13 0.13
Light
Industry
Total — — — — — — — — — — — — — — — — 0.13 0.13

4.7. Offroad Emissions By Equipment Type

4.7.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Pumps 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Pumps 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Annual — — — — — — — — — — — — — — — — — —
Pumps 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00

4.8. Stationary Emissions By Equipment Type

4.8.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) 286
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
25 / 31
Equipme
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Emergen
cy
Generato
r

0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Emergen
cy
Generato
r

0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Annual — — — — — — — — — — — — — — — — — —
Emergen
cy
Generato
r

0.01 0.01 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 3.81 3.81 < 0.005 < 0.005 — 3.82 Total 0.01 0.01 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 3.81 3.81 < 0.005 < 0.005 — 3.82

5. Activity Data

5.1. Construction Schedule
Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Demolition Demolition 1/1/2023 1/15/2023 5.00 10.0 —
Site Preparation Site Preparation 1/16/2023 1/17/2023 5.00 1.00 — Grading Grading 1/18/2023 1/20/2023 5.00 2.00 — 287
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
26 / 31
Building Construction Building Construction 1/21/2023 6/10/2023 5.00 100 — Paving Paving 6/11/2023 6/18/2023 5.00 5.00 —
Architectural Coating Architectural Coating 6/19/2023 6/26/2023 5.00 5.00 —

5.2. Off-Road Equipment

5.2.1. Unmitigated
Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Demolition Concrete/Industrial
Saws
Diesel Average 1.00 8.00 33.0 0.73
Demolition Rubber Tired Dozers Diesel Average 1.00 1.00 367 0.40 Demolition Tractors/Loaders/Backh
oes
Diesel Average 2.00 6.00 84.0 0.37
Site Preparation Graders Diesel Average 1.00 8.00 148 0.41 Site Preparation Tractors/Loaders/Backh
oes
Diesel Average 1.00 8.00 84.0 0.37
Grading Graders Diesel Average 1.00 6.00 148 0.41
Grading Rubber Tired Dozers Diesel Average 1.00 6.00 367 0.40 Grading Tractors/Loaders/Backh
oes
Diesel Average 1.00 7.00 84.0 0.37
Building Construction Cranes Diesel Average 1.00 4.00 367 0.29 Building Construction Forklifts Diesel Average 2.00 6.00 82.0 0.20 Building Construction Tractors/Loaders/Backh
oes
Diesel Average 2.00 8.00 84.0 0.37
Paving Cement and Mortar
Mixers
Diesel Average 4.00 6.00 10.0 0.56
Paving Pavers Diesel Average 1.00 7.00 81.0 0.42
Paving Rollers Diesel Average 1.00 7.00 36.0 0.38
Paving Tractors/Loaders/Backh
oes
Diesel Average 1.00 7.00 84.0 0.37
288
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
27 / 31
Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48

5.3. Construction Vehicles

5.3.1. Unmitigated
Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Demolition — — — —
Demolition Worker 10.0 7.70 LDA,LDT1,LDT2
Demolition Vendor — 4.00 HHDT,MHDT
Demolition Hauling 0.00 20.0 HHDT
Demolition Onsite truck — — HHDT
Site Preparation — — — —
Site Preparation Worker 5.00 7.70 LDA,LDT1,LDT2
Site Preparation Vendor — 4.00 HHDT,MHDT
Site Preparation Hauling 0.00 20.0 HHDT
Site Preparation Onsite truck — — HHDT
Grading — — — —
Grading Worker 7.50 7.70 LDA,LDT1,LDT2
Grading Vendor — 4.00 HHDT,MHDT
Grading Hauling 0.00 20.0 HHDT
Grading Onsite truck — — HHDT
Building Construction — — — —
Building Construction Worker 1.26 7.70 LDA,LDT1,LDT2
Building Construction Vendor 0.49 4.00 HHDT,MHDT
Building Construction Hauling 0.00 20.0 HHDT
Building Construction Onsite truck — — HHDT
Paving — — — — 289
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
28 / 31
Paving Worker 17.5 7.70 LDA,LDT1,LDT2
Paving Vendor — 4.00 HHDT,MHDT
Paving Hauling 0.00 20.0 HHDT
Paving Onsite truck — — HHDT
Architectural Coating — — — —
Architectural Coating Worker 0.25 7.70 LDA,LDT1,LDT2
Architectural Coating Vendor — 4.00 HHDT,MHDT
Architectural Coating Hauling 0.00 20.0 HHDT
Architectural Coating Onsite truck — — HHDT

5.5. Architectural Coatings
Phase Name Residential Interior Area Coated
(sq ft)
Residential Exterior Area Coated
(sq ft)
Non-Residential Interior Area
Coated (sq ft)
Non-Residential Exterior Area
Coated (sq ft)
Parking Area Coated (sq ft)
Architectural Coating 0.00 0.00 4,500 1,500 —

5.6. Dust Mitigation

5.6.1. Construction Earthmoving Activities
Phase Name Material Imported (Cubic Yards) Material Exported (Cubic Yards) Acres Graded (acres) Material Demolished (Building Square Footage)
Acres Paved (acres)
Demolition 0.00 0.00 0.00 0.00 —
Site Preparation 0.00 0.00 0.50 0.00 —
Grading 0.00 0.00 1.50 0.00 —
Paving 0.00 0.00 0.00 0.00 0.00

5.7. Construction Paving
Land Use Area Paved (acres) % Asphalt 290
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
29 / 31
General Light Industry 0.00 0%

5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh)
Year kWh per Year CO2 CH4 N2O
2023 0.00 204 0.03 < 0.005

5.9. Operational Mobile Sources

5.9.1. Unmitigated
Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Total all Land Uses 0.00 0.00 0.00 24.0 0.00 0.00 0.00 72.0

5.10. Operational Area Sources

5.10.2. Architectural Coatings
Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft)
Non-Residential Exterior Area Coated
(sq ft)
Parking Area Coated (sq ft)
0 0.00 4,500 1,500 —

5.11. Operational Energy Consumption

5.11.1. Unmitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) General Light Industry 35,592 204 0.0330 0.0040 122,917 291
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
30 / 31

5.13. Operational Waste Generation

5.13.1. Unmitigated
Land Use Waste (ton/year) Cogeneration (kWh/year)
General Light Industry 3.72 —

5.14. Operational Refrigeration and Air Conditioning Equipment

5.14.1. Unmitigated
Land Use Type Equipment Type Refrigerant GWP Quantity (kg) Operations Leak Rate Service Leak Rate Times Serviced General Light Industry Other commercial A/C
and heat pumps
R-410A 2,088 0.30 4.00 4.00 18.0

5.15. Operational Off-Road Equipment

5.15.1. Unmitigated
Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Pumps Electric Average 1.00 24.0 150 0.74

5.16. Stationary Sources

5.16.1. Emergency Generators and Fire Pumps
Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor Emergency Generator Diesel 1.00 0.00 100 50.0 0.73

8. User Changes to Default Data
292
Section 8, Item J.

Fowler Well 9 Custom Report, 12/12/2023
31 / 31
Screen Justification
Land Use Per site plan
Operations: Landscape Equipment No landscape equipment
Operations: Water and Waste Water No water consumption
293
Section 8, Item J.
*HARP - HRACalc v21081 4/11/2023 11:00:02 AM - Cancer Risk - Input File: G:\Fowler_City of-2619\261922024-Water Well No. 9\200 Technical\215 Env Planning\Appendices\App A -Name\WELL9\hra\WELL9_HRAInput.hra REC GRP NETID X Y CONC POLID POLABBREVRISK_SUM SCENARIO DETAILS INH_RISK SOIL_RISK DERMAL_RISKMMILK_RISKWATER_RISKFISH_RISK CROP_RISKBEEF_RISK DAIRY_RISKPIG_RISK CHICKEN_RISK EGG_RISK 1ST_DRIVER2ND_DRIVER 1 SENSITIV 259761 4056147 0.082136 9901 DieselExhPM2.81E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 2.81E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 2 SENSITIV 259811 4056142 0.03156 9901 DieselExhPM1.08E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 1.08E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 3 SENSITIV 259813 4056120 0.081794 9901 DieselExhPM2.80E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 2.80E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 4 SENSITIV 259803 4056100 0.224226 9901 DieselExhPM7.67E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 7.67E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 5 SENSITIV 259702 4056134 0.104235 9901 DieselExhPM3.57E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 3.57E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 6 SENSITIV 259674 4056117 0.07312 9901 DieselExhPM2.50E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 2.50E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 7 SENSITIV 259673 4056048 0.041093 9901 DieselExhPM1.41E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 1.41E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 8 SENSITIV 259694 4056042 0.040611 9901 DieselExhPM1.39E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 1.39E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 9 SENSITIV 259708 4056024 0.029873 9901 DieselExhPM1.02E-05 2YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 1.02E-05 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 294
Section 8, Item J.
*HARP - HRACalc v21081 4/11/2023 2:38:05 PM - Cancer Risk - Input File: G:\Fowler_City of-2619\261922024-Water Well No. 9\200 Technical\215 Env Planning\Appendices\App A -Name\WELL9_GENSET\hra\WELL9GENSET_HRAInput.hra REC GRP NETID X Y CONC POLID POLABBREVRISK_SUM SCENARIO DETAILS INH_RISK SOIL_RISK DERMAL_RISKMMILK_RISKWATER_RISKFISH_RISK CROP_RISKBEEF_RISK DAIRY_RISKPIG_RISK CHICKEN_RISK EGG_RISK 1ST_DRIVER2ND_DRIVER 1 SENSITIV 259761 4056147 0.00036 9901 DieselExhPM3.55E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 3.55E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 2 SENSITIV 259811 4056142 0.000276 9901 DieselExhPM2.72E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 2.72E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 3 SENSITIV 259813 4056120 0.000526 9901 DieselExhPM5.18E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 5.18E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 4 SENSITIV 259803 4056100 0.002417 9901 DieselExhPM2.38E-06 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 2.38E-06 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 5 SENSITIV 259702 4056134 0.000659 9901 DieselExhPM6.49E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 6.49E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 6 SENSITIV 259674 4056117 0.00034 9901 DieselExhPM3.36E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 3.36E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 7 SENSITIV 259673 4056048 0.000147 9901 DieselExhPM1.45E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 1.45E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 8 SENSITIV 259694 4056042 0.000158 9901 DieselExhPM1.56E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 1.56E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 9 SENSITIV 259708 4056024 0.000144 9901 DieselExhPM1.42E-07 70YrCancerDerived_InhSoilDermMMilk_FAH16to70 * 1.42E-07 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 INHALATION 295
Section 8, Item J.

Appendices
Well No. 9
December 2023 B-1
Appendix B: Biological Evaluation
296
Section 8, Item J.

Roman Endicott, Biologist
PROVOST & PRITCHARD CONSULTING GROUP | 455 W. FIR AVE, CLOVIS CA 93611 Biological Evaluation

CITY OF FOWLER
NEW WATER WELL NO. 9
MARCH 2023
297
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | i
Table of Contents
I. Introduction................................................................................................................................................................ 1 Project Description........................................................................................................................................................ 1 Report Objectives........................................................................................................................................................... 1 Study Methodology ........................................................................................................................................................ 5 II. Existing Conditions................................................................................................................................................... 6 Regional Setting.............................................................................................................................................................. 6 Topography................................................................................................................................................................. 6 Climate......................................................................................................................................................................... 6 Hydrology ................................................................................................................................................................... 6 Soils.............................................................................................................................................................................. 6 Biotic Habitats................................................................................................................................................................ 6 Ruderal......................................................................................................................................................................... 6 Urban........................................................................................................................................................................... 7 Natural Communities of Special Concern.................................................................................................................. 7 Designated Critical Habitat of the APE..................................................................................................................... 7 Wildlife Movement Corridors...................................................................................................................................... 7 Special Status Plants and Animals ............................................................................................................................... 8 III. Impacts and Mitigation...........................................................................................................................................14 Significance Criteria .....................................................................................................................................................14 CEQA........................................................................................................................................................................14 Relevant Goals, Policies, and Laws...........................................................................................................................15 City of Fowler General Plan ..................................................................................................................................15 Threatened and Endangered Species....................................................................................................................15 Designated Critical Habitat....................................................................................................................................15 Migratory Birds ........................................................................................................................................................15 Birds of Prey.............................................................................................................................................................15 Nesting Birds............................................................................................................................................................16 Wetlands and other “Jurisdictional Waters”........................................................................................................16 Potentially Significant Project-Related Impacts and Mitigation ...........................................................................17 Project-Related Mortality and/or Disturbance of Nesting Raptors, Migratory Birds, and Special Status Birds...........................................................................................................................................................................17 Less Than Significant Project-Related Impacts.......................................................................................................18 298
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | ii
Project-Related Impacts to Special Status Animal Species Absent From, or Unlikely to Occur on, the Project Site ................................................................................................................................................................18 Project-Related Impacts to Special Status Plant Species Absent From, or Unlikely to Occur on, the Project Site ................................................................................................................................................................18 Project-Related Impacts to Special Status Fishes Absent From, or Unlikely to Occur on, the Project Site ....................................................................................................................................................................................18 Project-Related Impacts to Riparian Habitat and Natural Communities of Special Concern ....................19 Project-Related Impacts to Regulated Waters, Wetlands, and Water Quality ...............................................19 Project-Related Impacts to Wildlife Movement Corridors and Native Wildlife Nursery Sites ..................19 Project-Related Impacts to Critical Habitat.........................................................................................................19 Local Policies or Habitat Conservation Plans.....................................................................................................19 IV. References................................................................................................................................................................. 20 List of Figures Figure 1. Regional Location Map ..................................................................................................................................... 2 Figure 2. Topographic Quadrangle Map......................................................................................................................... 3 Figure 3. Area of Potential Effect.................................................................................................................................... 4 List of Tables
Table 1. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity ........................... 8 Table 2. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity .............................11 List of Appendices Appendix A: Photos of the Project Area Appendix B: CNDDB 9-Quad Search
Appendix C: IPaC Search
Appendix D: NRCS Soils Report
299
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 1
I. Introduction
The following technical report, prepared by Provost & Pritchard Consulting Group, in compliance with the California Environmental Quality Act (CEQA) includes a description of the biological resources present or with potential to occur within the proposed New Water Well No. 9 Project (Project) and surrounding areas, and evaluates potential Project-related impacts to those resources.

Project Description
The Project is located in the City of Fowler, within Fresno County, California, between the City of Fresno and the City of Selma (see Figure 1 and Figure 2). The Project’s Area of Potential Effect (APE) includes an approximately 0.5 acre property, previously used as a stormwater retention pond, acquired by the City of Fowler (City) and an additional 50-foot buffer to include the large trees adjacent to the property (see Figure 3). The total area of the APE is approximately 1.4 acres.

The Project involves backfilling the stormwater retention pond in order to develop the new well site. The well will produce approximately 1,200 gallons per minute (GPM) and will increase the City’s potable water supply.

The new groundwater well will be constructed at a depth similar to the existing wells, between 386 to 525 feet in depth. The well will be drilled and constructed to comply with the requirements of the Division of Drinking Water (DDW).

Report Objectives
Construction activities such as that proposed by the Project could potentially damage biological resources or modify habitats that are crucial for sensitive plant and wildlife species. In cases such as these, development may be regulated by State or federal agencies, and/or addressed by local regulatory agencies.

This report addresses issues related to the following:

1. The presence of sensitive biological resources onsite, or with the potential to occur onsite.

2. The federal, State, and local regulations regarding these resources.

3. Mitigation measures that may be required to reduce the magnitude of anticipated impacts and/or comply with permit requirements of state and federal resource agencies.

Therefore, the objectives of this report are:

1. Summarize all site-specific information related to existing biological resources.

2. Make reasonable inferences about the biological resources that could occur onsite based on habitat suitability and the proximity of the site to a species’ known range.

3. Summarize all State and federal natural resource protection laws that may be relevant to the APE.

4. Identify and discuss Project impacts to biological resources likely to occur onsite within the context of CEQA and/or State or federal laws.

5. Identify and publish a set of avoidance and mitigation measures that would reduce impacts to a lessthan-significant level (as identified by CEQA) and are generally consistent with recommendations of the resource agencies for affected biological resources. 300
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 2
Figure 1. Regional Location Map
301
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 3
Figure 2. Topographic Quadrangle Map
302
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 4
Figure 3. Area of Potential Effect
303
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 5
Study Methodology
A reconnaissance-level field survey of the APE (Figure 3) was conducted on February 2, 2023 by Provost & Pritchard biologist, Roman Endicott. The survey consisted of walking thoroughly through the APE while identifying and noting land uses, biological habitats and communities, plant and animal species encountered and assessed for suitable habitats of various wildlife species.

The biologist conducted an analysis of potential Project-related impacts to biological resources based on the resources known to exist or with potential to exist within the APE. Sources of information used in preparation of this analysis included: the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB); the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Vascular Plants of California; CalFlora’s online database of California native plants; the Jepson Herbarium online database (Jepson eFlora); United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System (ECOS); Information for Planning and Consultation (IPaC) system; USFW National Wetlands Inventory (NWI); iNaturalist; the NatureServe Explorer online database; the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Plants Database; CDFW California Wildlife Habitat Relationships (CWHR) database; the California Herps online database; and various manuals, reports, and references related to plants and animals of the San Joaquin Valley region.

The field investigation did not include focused surveys for special status species. The field survey conducted included the appropriate level of detail to assess the significance of potential impacts to sensitive biological resources resulting from the Project. Furthermore, the field survey was sufficient to generally describe those features of the Project that could be subject to the jurisdiction of federal and/or State agencies, such as the United States Army Corps of Engineers (USACE) 1987 Corps of Engineers Wetland Delineation Manual, and the Arid West Regional Supplement, CDFW, Regional Water Quality Control Board (RWQCB) and the State Water Resources Control Board (SWRCB) State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, and used to support CEQA documents. 304
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 6
II. Existing Conditions
Regional Setting
Topography
The APE is located in Fowler, California. Fowler is located in Fresno County within the San Joaquin Valley, south of the City of Fresno (see Figure 1 and Figure 2). There is a shallow depression approximately 10 feet deep within the APE, which forms the existing stormwater detention basin. The topography of the surrounding area is relatively flat with elevations ranging from approximately 300 to 310 feet.

Climate
Like most of California, the San Joaquin Valley experiences a Mediterranean climate. Warm, dry summers are followed by cool, moist winters. Summer temperatures often reach above 90 degrees Fahrenheit (°F), and the humidity is generally low. Winter temperatures are often below 60 °F during the day and rarely exceed 70 °F.

On average, the San Joaquin Valley receives approximately 12 inches of precipitation in the form of rainfall yearly, most of which occurs between October and March.

Hydrology
A watershed is the topographic region that drains into a stream, river, or lake. Watersheds are made up of many smaller subwatersheds that drain into a particular stream, river, or lake. The Project site lies within the Kennedy Pond-Fresno Slough watershed; Hydrologic Unit Code (HUC): 1803000902 and the Kennedy Pond subwatershed; HUC: 18030090206. The nearest surface water to the Project is Kirby Ditch, which is located approximately 0.3 miles south of the APE.

The Kennedy Pond-Fresno Slough watershed is comprised of stormwater and snowmelt collected in upland areas which flows down into streams and creeks which feed into the Kings River. The Kings River flows through Pine Flat Lake and feeds Consolidated Canal. Consolidated Canal feeds Fowler Switch Canal, which flows into Kirby Ditch Canal. Kirby Ditch Canal flows near the APE, into Wristen Canal which then terminates in agricultural fields near Caruthers.

Soils
The only soil identified within the APE was Hesperia fine sandy loam, very deep. This soil is well drained, has negligible runoff, and has moderately rapid permeability. Typical vegetation for this soil type within the San Joaquin Valley consists of sparse annual grasses. This soil is considered prime farmland if irrigated.

None of the identified major or minor soil map units were identified as hydric. Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions such that under sufficiently wet conditions, hydrophytic vegetation can be supported.

The complete Natural Resources Conservation Service (NRCS) Web Soil Survey report is available in Appendix D at the end of this document.

Biotic Habitats
Ruderal
The Project area consists of a vacant lot, previously utilized as a stormwater retention pond. The lot is currently enclosed by a chain-linked fence. Drainage into the pond ceased in approximately 2020, as part of construction 305
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 7
activities for the subdivision of single family residences to the north and east of the APE. Since then, stormwater has not been directed into the retention pond. The APE now consists of primarily herbaceous vegetation, such as common chickweed (Stellaria media), curly dock (Rumex crispus), various grasses, hairy bittercress (Cardamine hirsuta), horseweed (Conyza canadensis), rough cocklebur (Xanthium strumarium), telegraph weed (Heterotheca grandiflora), and turkey mullein (Croton setigerus). There are several coast redwoods (Sequoia sempervirens) on the south and west sides of the APE.

The soil in the bed of the pond was especially sandy and was dominated by common tule (Schoenoplectus acutus).

The common tule appeared to be under severe water stress due to lack of water in the basin. White-crowned Sparrows (Zonotrichia leucophrys) were observed foraging within the thicket of tule.

There were no active mammal burrows or signs of mammals (i.e. tracks, scat, fur, burrows) within the APE.

Urban
The surrounding area to the west, north, and east of the APE are residential and consist of single-family residences. Directly adjacent to the Project area, there are single family residences and fall within the 50-foot buffer of the APE to the north and the east, as well as sidewalks and paved roads to the south and the west.

There are several ornamental trees and shrubs within the residential areas. There is also an active vineyard to the south of the APE.

Representative photographs of the site at the time of the survey are available in Appendix A at the end of this document.

Natural Communities of Special Concern
Natural communities of special concern are those that are of limited distribution, distinguished by significant biological diversity, or home to special status species. CDFW is responsible for the classification and mapping of all-natural communities in California. Just as the special status plant and animal species, these natural communities of special concern can be found within the CNDDB.

The nearest natural community of special concern is Valley Sacaton Grassland approximately 20 miles southeast of the APE. Additionally, no natural communities of special concern were observed during the biological survey.

Designated Critical Habitat of the APE
The USFWS often designates areas of “Critical Habitat” when it lists species as threatened or endangered.

Critical Habitat is a specific geographic area that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. According to CNDDB and IPaC, designated critical habitat is absent from the APE and vicinity.

Wildlife Movement Corridors
Wildlife movement corridors are routes that animals regularly and predictably follow during seasonal migration, dispersal from native ranges, daily travel within home ranges, and inter-population movements. Movement corridors in California are typically associated with valleys, ridgelines, and rivers and creeks supporting riparian vegetation.
306
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 8
The APE does not contain features that would be likely to function as wildlife movement corridors. It is possible for the area to be used by species more tolerant of nearby human activities, such as some birds and gophers, but is not ideal due to the heavy disturbance of human activities, which would discourage dispersal and migration.

Special Status Plants and Animals
California contains several “rare” plant and animal species. In this context, rare is defined as species known to have low populations or limited distributions. As the human population grows, urban expansion encroaches on the already-limited suitable habitat. This results in sensitive species becoming increasingly more vulnerable to extirpation. State and federal regulations have provided the CDFW and the USFWS with a mechanism for conserving and protecting the diversity of plant and animal species native to California. Numerous native plants and animals have been formally designated as “threatened” or “endangered” under State and federal endangered species legislation. Other formal designations include “candidate” for listing or “species of special concern” by CDFW. The CNPS has its list of native plants considered rare, threatened, or endangered. Collectively these plants and animals are referred to as “special status species.” This survey was conducted outside of the blooming season for most plants. Further investigation of special status plants is recommended to occur inside the plants’ blooming seasons.

A thorough search of the CNDDB for published accounts of special status plant and animal species was conducted for the Conejo 7.5-minute quadrangle that contains the APE in its entirety, and for the 8 surrounding quadrangles: Caruthers, Fresno South, Malaga, Sanger, Selma, Burris Park, Laton, and Riverdale. These species, and their potential to occur within the APE, are listed in Table and Table 2 on the following pages. Raw data obtained from CNDDB is available in Appendix B at the end of this document. All relevant sources of information, as discussed in the Study Methodology section of this report, as well as field observations, were used to determine if any special status species are known to be within the APE. Figure 2 shows the Project’s

7.5-minute quadrangle, according to United States Geological Survey Topographic Maps.

Table 1. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity
Species Status Habitat Occurrence within Project Site
Blunt-nosed leopard
lizard
(Gambelia sila)

FE, CE,
CFP
Inhabits semi-arid grasslands, alkali
flats, low foothills, canyon floors, large
washes, and arroyos, usually on sandy,
gravelly, or loamy substrate, sometimes
on hardpan. Often found where there
are abundant rodent burrows in dense
vegetation or tall grass. Cannot survive
on lands under cultivation. Known to
bask on kangaroo rat mounds and
often seeks shelter at the base of
shrubs, in small mammal burrows, or
in rock piles. Adults may excavate
shallow burrows but rely on deeper
pre-existing rodent burrows for
hibernation and reproduction.

Absent. Suitable habitat for this
species is absent from the APE. There
is not enough undeveloped land
present to support this species and
there are no mammal burrows within
the APE to support this species.

There are no recorded observations of
this species within the nine-quad
search.

Burrowing Owl
(Athene cunicularia) CSC
Resides in open, dry annual or
perennial grasslands, deserts, and
scrublands with low growing
vegetation. Nests underground in
existing burrows created by mammals,
most often ground squirrels.

Absent. Suitable habitat for this
species is absent from the APE. There
are no burrows within the APE to
support this species and there are high
levels of disturbance in the area. The
nearest recorded observation of this
307
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 9
Species Status Habitat Occurrence within Project Site
species occurred in non-native
grassland approximately 13.5 miles
south of the APE in 2017.

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

Absent. Suitable habitat and soil for
this species is absent from the APE.

The APE is outside of the current
known range of this species. The
nearest recorded observation of this
species is from a historical collection
dated more than 80 years ago
approximately seven miles southwest
of the APE.

California tiger
salamander
(Ambystoma
californiense)

FT, CT,
CWL
Requires vernal pools or seasonal
ponds for breeding and small mammal
burrows for aestivation. Generally
found in grassland and oak savannah
plant communities in central California
from sea level to 1500 feet in elevation.

Absent. Suitable habitat for this
species is absent from the APE. There
are no vernal pools for breeding or
burrows for aestivation present. The
nearest recorded extant observation
of this species occurred approximately

19.5 miles south of the APE in 1999.

Coast horned lizard
(Phrynosoma
blainvillii)
CSC
Found in grasslands, coniferous
forests, woodlands, and chaparral,
primarily in open areas with patches of
loose, sandy soil and low-lying
vegetation in valleys, foothills, and
semi-arid mountains. Frequently
found near ant hills and along dirt
roads in lowlands along sandy washes
with scattered shrubs.

Absent. Suitable habitat and soil for
this species is absent from the APE.

The only recorded observation of this
species in the nine-quad search is
from a historical collection from 130
years ago and occurred somewhere in
the vicinity of Fresno.

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

Unlikely. The APE does not offer
high quality foraging or overwintering
habitat for this species. The nearest
recorded observation of this species is
from a historical collection dated
more than 110 years ago and occurred
approximately four miles southeast of
the APE.

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

Absent. Suitable habitat for this
species is absent from the APE and
surrounding area. There are no
burrows within the APE to support
this species. There are no recorded
observations of this species within the
nine-quad search.

Monarch Butterfly
(Danaus plexippus) FC
Roosts located in wind-protected tree
groves (eucalyptus, Monterey pine,
cypress), with nectar and water sources
nearby. Larval host plants consist of
milkweeds (Asclepias sp.). Winter roost
sites extend along the coast from
northern Mendocino to Baja
California, Mexico.

Unlikely. Suitable habitat for
foraging, roosting, or depositing eggs
is absent from the APE. This species
is frequently seen in the region, but
only as part of its migration route.

There are no recorded observations of
this species within the nine-quad
search.

Northern California
legless lizard
(Anniella pulchra)
CSC
Found primarily underground,
burrowing in loose, sandy soil. Forages
in loose soil and leaf litter during the
Absent. Suitable habitat for this
species is absent from the APE. The
nearest recorded observation of this
species is a historical collection dated
308
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 10
Species Status Habitat Occurrence within Project Site
day. Occasionally observed on the
surface at dusk and night.
more than 130 years ago and occurred
somewhere in the vicinity of Fresno.

Pallid bat
(Antrozous pallidus) CSC
Found in grasslands, chaparral, and
woodlands, where it feeds on groundand vegetation-dwelling arthropods, and occasionally takes insects in flight.

Prefers to roost in rock crevices, but
may also use tree cavities, caves,
bridges, and other man-made
structures.

Unlikely. Suitable roosting habitat for
this species is absent from the APE.

Project activities would deter this
species from foraging near the APE.

The nearest recorded observation of
this species occurred approximately
nine miles north of the APE in 1909.

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

Absent. Suitable habitat for this
species is absent from the APE. The
APE is outside of the current known
range of this species (United States
Fish & Wildlife Service 2020). The
nearest recorded observation of this
species occurred approximately eight
miles northeast of the APE on an
unknown date in the 1880’s.

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

Possible. This species could
potentially nest within the large coast
redwoods in the APE. The nearest
recorded observation of this species
occurred approximately four miles
west of the APE in 2016.

Valley elderberry
longhorn beetle
(Desmocerus
californicus
dimorphus)
FT
Lives in mature elderberry shrubs of
the Central Valley and foothills. Adults
are active from March to June.

Absent. There are no elderberry
shrubs within the APE or
surrounding area. The nearest
recorded observation of this species
occurred approximately nine miles
northeast of the APE in 1998.

Vernal pool fairy
shrimp
(Branchinecta
lynchi)
FT
Occupies vernal pools, clear to teacolored water, in grass or mudbottomed swales, and basalt depression pools.

Absent. Suitable habitat for this
species is absent from the APE.

Vernal pools are not present. The
only recorded observation of this
species in the nine-quad search
occurred in vernal pools within nonnative grassland approximately 19 miles southeast of the APE in 2017.

Vernal pool tadpole
shrimp
(Lepidurus
packardi)
FE
Occurs in vernal pools, clear to teacolored water, in grass or mudbottomed swales, and basalt depression pools.

Absent. Suitable habitat for this
species is absent from the APE.

Vernal pools are not present. The
nearest recorded observation of this
species occurred approximately 19
miles southeast of the APE in 2017.

Western mastiff bat
(Eumops perotis
californicus)
CSC
Found in open, arid to semi-arid
habitats, including dry desert washes,
flood plains, chaparral, oak woodland,
open ponderosa pine forest, grassland,
and agricultural areas, where it feeds on
insects in flight. Roosts most
commonly in crevices in cliff faces but
may also use high buildings and
tunnels.

Unlikely. Suitable roosting habitat for
this species is absent from the APE.

Project activities would deter this
species from foraging near the APE.

The nearest recorded observation of
this species occurred approximately

5.5 miles west of the APE in 1958.
309
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 11
Species Status Habitat Occurrence within Project Site
Western spadefoot
(Spea hammondii) CSC
Prefers open areas with sandy or
gravelly soils, in a variety of habitats
including mixed woodlands, grasslands,
coastal sage scrub, chaparral, sandy
washes, lowlands, river floodplains,
alluvial fans, playas, alkali flats,
foothills, and mountains. Vernal pools
or temporary wetlands, lasting a
minimum of three weeks, which do not
contain bullfrogs, fish, or crayfish are
necessary for breeding.

Unlikely. Aquatic habitats required
by this species are absent from the
APE and surrounding area. The
nearest recorded observation of this
species occurred approximately 19
miles southeast of the APE in 2017 in
vernal pool habitat adjacent to Cross
Creek.

Western Yellowbilled Cuckoo
(Coccyzus
americanus
occidentalis)
FT, CE
Suitable nesting habitats in California
includes dense riparian willowcottonwood and mesquite habitats along a perennial river. Once a
common breeding species in riparian
habitats of lowland California, this
species currently breeds consistently in
only two locations in the State: along
the Sacramento and South Fork Kern
Rivers.

Absent. Suitable nesting habitat for
this species is absent from the APE.

This species has not been observed in
the region in over a century. The
nearest recorded observation of this
species occurred approximately 4.5
miles southeast of the APE in 1898.

Table 2. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity Species Status Habitat Occurrence within Project Site
Alkali-sink goldfields
(Lasthenia
chrysantha)
CNPS
1B
Found in vernal pool and wet saline
flat habitats. Occurrences documented
in the San Joaquin and Sacramento
Valleys at elevations below 656 feet.

Blooms February - April.

Absent. Suitable habitat for this
species is absent from the APE.

There are no vernal pools or saline
soils present. The nearest recorded
observation of this species occurred
approximately eight miles south of
the APE in 1934 and is listed as
possibly extirpated.

Bristly sedge
(Carex comosa)
CNPS
2B
Found on lake margins and wet places
in marshes, swamps, coastal prairie,
valley grassland, and foothill grassland
at elevations between -15 and 3,300
feet. Blooms May - September.

Unlikely. Suitable habitat for this
species is absent from the APE as the
presence of water is inconsistent. The
only recorded observation of this
species in the nine-quad search
occurred in a drainage canal
approximately nine miles east of the
APE in 1989.

Brittlescale
(Atriplex depressa)
CNPS
1B
Found in the San Joaquin Valley and
Sacramento Valley in alkaline or clay
soils, typically in meadows or annual
grassland in at elevations below 1050
feet. Sometimes associated with vernal
pools. Blooms June–October.

Absent. Suitable habitat for this
species is absent from the APE.

There is no alkaline or clay soil within
the APE. The only recorded
observation of this species in the
nine-quad search occurred
approximately 12 miles south of the
APE on an unknown date.

California alkali
grass
(Puccinellia simplex)
CNPS
1B
Found in the San Joaquin Valley and
other parts of California in saline flats
and mineral springs within valley
grassland and wetland-riparian
communities at elevations below 3000
feet. Blooms March–May.

Absent. Suitable habitat for this
species is absent from the APE. The
only recorded observation of this
species in the nine-quad search
occurred approximately 13.5 miles
310
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 12
Species Status Habitat Occurrence within Project Site
south of the APE in 1935 and is
listed as possibly extirpated.

California
jewelflower
(Caulanthus
californicus)

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

Absent. This species has not been
seen in the region in over a century.

The APE is not suitable for this
species. The only recorded
observation of this species in the
nine-quad search occurred
somewhere in the vicinity of Fresno
on an unknown date and is listed as
extirpated.

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

Unlikely. This species has not been
observed in the region in over a
century. The only recorded
observation of this species in the
nine-quad search occurred
somewhere in the vicinity of Fresno
in 1893.

Greene’s tuctoria
(Tuctoria greenei)

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

Absent. Suitable habitat for this
species is absent from the APE.

There are no vernal pools present
within the APE. The only recorded
observation of this species in the
nine-quad search occurred
approximately 11.5 miles northeast of
the in 1954 and is listed as extirpated.

Lesser saltscale
(Atriplex minuscula)
CNPS
1B
Found in the San Joaquin Valley in
sandy, alkaline soils in alkali scrub,
valley and foothill grassland, and alkali
sink communities at elevations below
750 feet. Blooms April–October.

Absent. Suitable habitat and soil for
this species is absent from the APE.

The only recorded observation of this
species within the nine-quad search
occurred approximately 19 miles
southeast of the APE in 2016.

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

Absent. The APE is outside of the
lower elevational range of this
species. The only recorded
observation of this species in the
nine-quad search occurred
somewhere in the vicinity of Fresno
in 1922.

Panoche peppergrass
(Lepidium jaredii
ssp. album)
CNPS
1B
Found on steep slopes, washes,
alluvial-fans, and clay, sometimes
alkaline, within Valley and Foothill
Grassland communities in western
Fresno County at elevations between
600–2400 feet. Blooms February–June.

Absent. This species has not been
observed in the region in over a
century and the APE is outside of the
lower elevational range of this
species. The only recorded
observation of this species in the
nine-quad search occurred
approximately 15.5 miles southwest
of the APE in 1893.
311
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 13

EXPLANATION OF OCCURRENCE DESIGNATIONS AND STATUS CODES

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

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

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

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

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

CNPS LISTING
1B Plants Rare, Threatened, or Endangered in 2B Plants Rare, Threatened, or Endangered in California and elsewhere. California, but more common elsewhere. 312
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 14
III. Impacts and Mitigation
Significance Criteria
CEQA
General plans, area plans, and specific projects are subject to the provisions of CEQA. The purpose of CEQA is to assess the impacts of proposed projects on the environment prior to project implementation. Impacts to biological resources are just one type of environmental impact assessed under CEQA and vary from project to project in terms of scope and magnitude. Projects requiring removal of vegetation may result in the mortality or displacement of animals associated with this vegetation. Animals adapted to humans, roads, buildings, and pets may replace those species formerly occurring on a site. Plants and animals that are State and/or federally listed as threatened or endangered may be destroyed or displaced. Sensitive habitats such as wetlands and riparian woodlands may be altered or destroyed. Such impacts may be considered either “significant” or “less than significant” under CEQA. According to CEQA, Statute and Guidelines (AEP 2012), “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic interest. Specific project impacts to biological resources may be considered “significant” if they would:
• Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS;
• Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS; • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
• Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites.
• Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or
• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan.

Furthermore, CEQA Guidelines Section 15065(a) states that a project may trigger the requirement to make a “mandatory finding of significance” if the project has the potential to:
“Substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of an endangered, rare or threatened species, or eliminate important examples of the major periods of California history or prehistory.”
313
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 15
Relevant Goals, Policies, and Laws
City of Fowler General Plan
The Project is located within the City of Fowler. The City of Fowler General Plan Policy Document (City of Fowler 2023) contains the following goals and policies related to the Project:

Community Resiliency and Safety
Goal SAF-3: Local watersheds, waterbodies, and groundwater resources are responsibly managed.

Water Quality and Conservation
Policy SAF-14: Maintain the domestic water system in accordance with applicable water quality standards.

Water Supply and Distribution
Policy PF-17: Design and construct water system infrastructure as needed to meet current and future water demands and system requirements.

Threatened and Endangered Species
Permits may be required from the USFWS and/or CDFW if activities associated with a project have the potential to result in the “take” of a species listed as threatened or endangered under the federal and/or state Endangered Species Acts. Take is defined by the State of California as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86). Take is more broadly defined by the federal Endangered Species Act to include “harm” (16 USC, Section 1532(19), 50 CFR, Section 17.3). CDFW and USFWS are responsible agencies under CEQA and National Environmental Policy Act (NEPA). Both agencies review CEQA and NEPA documents in order to determine the adequacy of their treatment of endangered species issues and to make project-specific recommendations for their conservation.

Designated Critical Habitat
When species are listed as threatened or endangered, the USFWS often designates areas of “Critical Habitat” as defined by section 3(5)(A) of the federal Endangered Species Act (ESA). Critical Habitat is a term defined in the ESA as a specific geographic area that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Critical Habitat is a tool that supports the continued conservation of imperiled species by guiding cooperation with the federal government.

Designations only affect federal agency actions or federally funded or permitted activities. Critical Habitat does not prevent activities that occur within the designated area. Only activities that involve a federal permit, license, or funding and are likely to destroy or adversely modify Critical Habitat will be affected.

Migratory Birds
The Federal Migratory Bird Treaty Act (MBTA: 16 USC 703-712) prohibits killing, possessing, or trading in any bird species covered in one of four international conventions to which the United States is a party, except in accordance with regulations prescribed by the Secretary of the Interior. The name of the act is misleading, as it actually covers almost all bird’s native to the United States, even those that are non-migratory. The MBTA encompasses whole birds, parts of birds, and bird nests and eggs. Additionally, California Fish and Game Code makes it unlawful to take or possess any non-game bird covered by the MBTA (Section 3513), as well as any other native non-game bird (Section 3800).

Birds of Prey
Birds of prey are protected in California under provisions of Fish and Game Code (Section 3503.5), which states that it is unlawful to take, possess, or destroy any birds in the order Falconiformes (hawks and eagles) or 314
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 16
Strigiformes (owls), as well as their nests and eggs. The bald eagle and golden eagle are afforded additional protection under the federal Bald and Golden Eagle Protection Act (16 USC 668), which makes it unlawful to kill birds or their eggs.

Nesting Birds
In California, protection is afforded to the nests and eggs of all birds. California Fish and Game Code (Section 3503) states that it is “unlawful to take, possess, or needlessly destroy the nest or eggs of any bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Breeding-season disturbance that causes nest abandonment and/or loss of reproductive effort is considered a form of “take” by the CDFW.

Wetlands and other “Jurisdictional Waters”
Natural drainage channels and adjacent wetlands may be considered “Waters of the United States” or “jurisdictional waters” subject to the jurisdiction of the USACE. The extent of jurisdiction has been defined in the Code of Federal Regulations but has also been subject to interpretation of the federal courts. Jurisdictional waters generally include:
• All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; • All interstate waters including interstate wetlands;
• All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which could affect interstate or foreign commerce; • All impoundments of waters otherwise defined as Waters of the United States under the definition; • Tributaries of waters identified in paragraphs (a)(1)-(4) (i.e., the bulleted items above).

As determined by the United States Supreme Court in its 2001 Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC) decision, channels and wetlands isolated from other jurisdictional waters cannot be considered jurisdictional on the basis of their use, hypothetical or observed, by migratory birds. Similarly, in its 2006 consolidated Carabell/Rapanos decision, the Supreme Court ruled that a significant nexus between a wetland and other navigable waters must exist for the wetland itself to be considered a navigable and therefore jurisdictional water. Furthermore, the Supreme Court clarified that the United States Environmental Protection Agency (USEPA) and the USACE will not assert jurisdiction over ditches excavated wholly in and draining only uplands and that do not carry a relatively permanent flow of water.

The USACE regulates the filling or grading of Waters of the United States. under the authority of Section 404 of the Clean Water Act. The extent of jurisdiction within drainage channels is defined by “ordinary high-water marks” on opposing channel banks. All activities that involve the discharge of dredge or fill material into Waters of the United States are subject to the permit requirements of the USACE. Such permits are typically issued on the condition that the applicant agrees to provide mitigation that results in no net loss of wetland functions or values. No permit can be issued until the RWQCB issues a Section 401 Water Quality Certification (or waiver of such certification) verifying that the proposed activity will meet State water quality standards.

Under the Porter-Cologne Water Quality Control Act of 1969, the SWRCB has regulatory authority to protect the water quality of all surface water and groundwater in the State of California (“Waters of the State”). Nine RWQCBs oversee water quality at the local and regional level. The RWQCB for a given region regulates discharges of fill or pollutants into Waters of the State through the issuance of various permits and orders.

Discharges into Waters of the State that are also Waters of the United States require a Section 401 Water Quality Certification from the RWQCB as a prerequisite to obtaining certain federal permits, such as a Section 404 Clean Water Act permit. Discharges into all Waters of the State, even those that are not also Waters of the 315
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 17
United States., require Waste Discharge Requirements (WDRs), or waivers of WDRs, from the RWQCB. The RWQCB also administers the Construction Storm Water Program and the federal National Pollution Discharge Elimination System (NPDES) program. Projects that disturb one acre or more of soil must obtain a Construction General Permit under the Construction Storm Water Program. A prerequisite for this permit is the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer. Projects that discharge wastewater, storm water, or other pollutants into a Water of the United States may require an NPDES permit.

CDFW has jurisdiction over the bed and bank of natural drainages and lakes according to provisions of Section 1601 and 1602 of the California Fish and Game Code. Activities that may substantially modify such waters through the diversion or obstruction of their natural flow, change or use of any material from their bed or bank, or the deposition of debris require a notification of a Lake or Streambed Alteration. If CDFW determines that the activity may adversely affect fish and wildlife resources, a Lake or Streambed Alteration Agreement will be prepared. Such an agreement typically stipulates that certain measures will be implemented to protect the habitat values of the lake or drainage in question.

Potentially Significant Project-Related Impacts and Mitigation Swainson’s Hawk was the only species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations by CDFW or USFWS to have the potential to be impacted by the Project.

Corresponding mitigation measures can be found below.

Project-Related Mortality and/or Disturbance of Nesting Raptors, Migratory Birds, and Special Status Birds
The APE contains suitable nesting and/or foraging habitat for a variety of avian species. The survey was conducted outside nesting bird season, so no active nests were observed. It is anticipated that during nesting bird season, numerous species of birds could use the APE for nesting, as habitat is present. Swainson’s Hawk was deemed the only special status bird species likely to occur within the APE. Birds nesting within the APE during construction have the potential to be injured or killed by Project-related activities. In addition to the direct “take” of nesting birds, nesting birds within the APE or adjacent areas could be disturbed by Projectrelated activities resulting in nest abandonment. Projects that adversely affect the nesting success of raptors and migratory birds or result in the mortality of individual birds is considered a violation of State and federal laws and are considered a potentially significant impact under CEQA.

Implementation of the following measures will reduce potential impacts to nesting raptors, migratory birds, and special status birds to a less than significant level under CEQA and will ensure compliance with State and federal laws protecting these avian species.

Mitigation. The following measures would be implemented prior to the start of construction:

Mitigation Measure BIO-1a (Avoidance): The Project’s construction activities would occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.

Mitigation Measure BIO-1b (Pre-construction Surveys): If activities must occur within nesting bird season (February 1 to September 15), a qualified biologist would conduct a pre-construction survey for Swainson’s Hawk nests onsite and within a 0.5-mile radius. This survey will be conducted in accordance with the Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley (Swainson's Hawk Technical Advisory Committee 2000) or current guidance.

The Swainson’s Hawk survey would not be completed between April 21 to June 10 due to the difficulty 316
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 18
of identifying nests during this time of year. The pre-construction survey would also provide a presence/absence survey for all other nesting birds within the APE and an additional 50 feet, no more than seven (7) days prior to the start of construction. All raptor nests would be considered “active” upon the nest-building stage.

Mitigation Measure BIO-1c (Establish Buffers): On discovery of any active nests or breeding colonies near work areas, the biologist would determine appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines and/or the biology of the species in question.

Construction buffers would be identified with flagging, fencing, or other easily visible means, and would be maintained until the biologist has determined that the nestlings have fledged.

Mitigation Measure BIO-1d (ITP): In the event an active Swainson’s Hawk nest or other nest is detected during surveys and cannot be avoided, consultation with CDFW would be warranted to discuss how to implement the Project and avoid take. If take cannot be avoided, take authorization through the acquisition of an ITP pursuant to Fish and Game Code section 2081, subdivision (b) is necessary to comply with CESA.

Less Than Significant Project-Related Impacts
Project-Related Impacts to Special Status Animal Species Absent From, or Unlikely to Occur on, the Project Site
Of the 18 regionally occurring special status animal species, 17 are considered absent from or unlikely to occur within the APE due to past or ongoing disturbance and/or the absence of suitable habitat. These species include: blunt-nosed leopard lizard, Burrowing Owl, California glossy snake, California tiger salamander, coast horned lizard, Crotch’s bumble bee, Fresno kangaroo rat, monarch butterfly, Northern California legless lizard, pallid bat, San Joaquin kit fox, valley elderberry longhorn beetle, vernal pool fairy shrimp, vernal pool tadpole shrimp, western mastiff bat, western spadefoot, and Western Yellow-billed Cuckoo.

Since it is unlikely that these species would occur onsite, implementation of the Project should have no impact on these 17 special status species through construction mortality, disturbance, or loss of habitat. Mitigation measures are not warranted.

Project-Related Impacts to Special Status Plant Species Absent From, or Unlikely to Occur on, the Project Site
Of the 10 regionally occurring special status plant species, all are considered absent from or unlikely to occur within the APE due to past or ongoing disturbance and/or the absence of suitable habitat. These species include: alkali-sink goldfields, bristly sedge, brittlescale, California alkali grass, California jewelflower, California satintail, Greene’s tuctoria, lesser saltscale, Madera leptosiphon, and Panoche pepper-grass.

Since it is unlikely that these species would occur onsite, implementation of the Project should have no impact on these 10 special status species through construction mortality, disturbance, or loss of habitat. Mitigation measures are not warranted.

Project-Related Impacts to Special Status Fishes Absent From, or Unlikely to Occur on, the Project Site
At the time of the survey, special status fishes are not considered present or likely to occur within the APE.

Mitigation measures are not warranted.
317
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 19
Project-Related Impacts to Riparian Habitat and Natural Communities of Special Concern
There are no CNDDB-designated “natural communities of special concern” recorded within the APE or vicinity. The nearest natural community of special concern is Valley Sacaton Grassland approximately 20 miles southeast of the APE. Mitigation is not warranted.

Project-Related Impacts to Regulated Waters, Wetlands, and Water Quality The APE was recently used for the detention of stormwater runoff and is not a natural wetland. The APE has likely previously functioned as a wetland as evidenced by the presence of hydrophytic vegetation. However, the primary water source was blocked in 2020. NWI does not identify the basin as a wetland feature. The APE does not meet the definition Water of the United States, and the State Water Resources Control Board exempts artificially constructed wetlands used for stormwater runoff from the definition of a Water of the State.

Mitigation measures are not warranted.

Project-Related Impacts to Wildlife Movement Corridors and Native Wildlife Nursery Sites
The APE does not contain features that would be likely to function as wildlife movement corridors.

Furthermore, the APE is surrounded by chain-link fence, which would discourage dispersal and migration.

Therefore, the Project would have no impact on wildlife movement corridors. Mitigation measures are not warranted.

Project-Related Impacts to Critical Habitat
Designated critical habitat is absent from the APE and surrounding lands. Therefore, there would be no impact to critical habitat, and mitigation is not warranted.

Local Policies or Habitat Conservation Plans
The Project appears to be consistent with the goals and policies of the Fresno County General Plan. There are no known habitat conservation plans (HCPs) or a Natural Community Conservation Plan (NCCP) in the Project vicinity. Mitigation measures are not warranted. 318
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 20
IV. References Association of Environmental Professionals. 2022. 2022 California Environmnetal Quality Act Statute & Guidelines. Accessed February 2023.

Baldwin, B.G., D. H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.G. Wilken. 2012. The Jepson Manual; Vascular Plants of California, second edition. Berkeley: University of California Press. Accessed February 2023.

Calflora. 2023. Accessed 2023 February. http://www.calflora.org/.

California Department of Fish and Wildlife (CDFW). 2018. "Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensative Natural Communities." March. Accessed February 2023. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline.

California Department of Fish and Wildlife. 2012. "Staff Report on Burrowing Owl Mitigation." Accessed February 2023.

California Native Plant Society. 2023. Accessed February 2023. http://www.rareplants.cnps.org/.

California Natural Diversity Database (CNDDB). 2023. California Department of Fish and Wildlife. California Natural Diversity Database (CNDDB). Accessed February 2023.

City of Fowler. 2023. "2040 General Plan."
Department of Water Resources (DWR). 2016. "Bulletin 118: California's Groundwater, Interim Update." Accessed February 2023.

Department of Water Resources. n.d. Accessed February 2023. http://gis.water.ca.gov/app/bbat/. eBird, Cornell Lab of Ornithology. 2023. Accessed February 2023. https://ebird.org/.

Fresno County Planning Commission. 2000. Fresno County General Plan Policy Document. October 3. Accessed February 2023. https://www.co.fresno.ca.us/departments/public-works-planning/divisions-ofpublic-works-and-planning/development-services-division/planning-and-land-use/general-planmaps.

Jepson Flora Project (eds.). 2023. Accessed February 2023. http://ucjeps.berkeley.edu/eflora/.

Karrigan Bork, Peter Moyle, John Durand, Tien-Chieh Hung and Andrew Rypel. n.d. Futures for Delta Smelt.

Accessed February 2023. https://californiawaterblog.com/2019/12/15/futures-for-delta-smelt/.

Nafis, G. 2022. Accessed February 2023. http://www.californiaherps.com/.

Natural Resource Conservation Service (NRCS). 2023. websoilsurvey. Accessed February 2023. http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.

NatureServe Explorer. 2023. An Online Encyclopedia of Life. Accessed February 2023. http://explorer.natureserve.org/.
319
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 21
Shuford, W., and T. Gardali. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1.

Camarillo and Sacramento, CA: Western Field Ornithologists and California Department of Fish and Game. Accessed February 2023.

State Water Resources Control Board. 2021. "State Wetland Definition and Procedures for Discharge of Dredged or Fill Material to Waters of the State." April 6. Accessed February 2023.

Swainson's Hawk Technical Advisory Committee. 2000. "Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley." CA: CDFW, May. Accessed February 2023.

The California Burrowing Owl Consortium. 1993. "Burrowing Owl Survey Protocol and Mitigation Guidelines." Accessed February 2023.

The National Oceanic and Atmospheric Administration Habitat Conservation. 2023. "Essential Fish Habitat Mapper." Accessed February 2023. https://www.habitat.noaa.gov/apps/efhmapper/?page=page_5.

United States Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Department of the Army. Accessed February 2023.

United States Department of Agriculture, Natural Recources Conservation Service. n.d. The Plants Database.

Accessed February 2023. http://plants.sc.egov.usda.gov/java/.

United States Environmental Protection Agency (USEPA). 2023. Waters GeoViewer. Accessed February 2023. https://www.epa.gov/waterdata/waters-geoviewer.

United States Fish & Wildlife Service. 2020. "Species Status Assessment Report for the San Joaquin kit fox (Vulpes macrotis mutica)."
United States Fish and Wildlife Service. 2023. Accessed February 2023. https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/.

United States Fish and Wildlife Service. 2023. Environmental Conservation Online System (ECOS). Accessed February 2023. https://ecos.fws.gov/ecp/.

United States Fish and Wildlife Service. National Wetlands Inventory. 2023. "National Wetlands Inventory." National Wetlands Inventory. Accessed February 2023.
https://www.fws.gov/wetlands/data/mapper.html.

United States Fish and Wildlife Service. 2007. "Vernal Pool Fairy Shrimp- 5 Year Review: Summary and Evaluation." Accessed February 2023.

United States Fish and Wildlife Service.. 2023. Information on Planning and Consultation (IPaC). Accessed February 2023. https://ecos.fws.gov/ipac/.

United States Fish and Wildlife Service... n.d. Vernal Pool Tadpole Shrimp. Accessed February 2023. https://www.fws.gov/sacramento/es/recovery-planning/vernalpool/documents/vp_tadpole_shrimp.pdf. 320
Section 8, Item J.

City of Fowler
New Water Well No. 9 Biological Evaluation
Provost & Pritchard Consulting Group Page | 22
Weatherspark. 2023. Climate and Average Weather Year Round in Fowler California, United States. Accessed February 2023. https://weatherspark.com/y/1298/Average-Weather-in-Fowler-California-UnitedStates-Year-Round.

Wilkerson, R.L., and R.B. Siegel. 2010. "Assessing changes in the distribution and abundance of burrowing owls in California, 1993-2007." Bird Populations 10:1-36. Accessed February 2023. 321
Section 8, Item J.

Provost & Pritchard Consulting Group Page | 0

CITY OF FOWLER
NEW WATER WELL NO. 9
Appendix A: Photos of the
Project Area
322
Section 8, Item J.

City of Fowler
New Water Well No. 9 Appendix A
Provost & Pritchard Consulting Group A-1
Photograph 1
Overview of the APE facing
south. Three coast redwoods
can be seen in the background.

Photograph 2
Overview of the basin previously used for stormwater
retention facing east.
323
Section 8, Item J.

City of Fowler
New Water Well No. 9 Appendix A
Provost & Pritchard Consulting Group A-2
Photograph 3
Overview of the basin previously used for stormwater
retention facing west.

Photograph 4
Overview of the east side of
the APE facing north.
324
Section 8, Item J.

City of Fowler
New Water Well No. 9 Appendix A
Provost & Pritchard Consulting Group A-3
Photograph 5
Overview of the south side of
the APE facing west. Additional coast redwoods can
be seen on the west side of
the APE.

Photograph 6
Overview of the surrounding area to the north.
325
Section 8, Item J.

City of Fowler
New Water Well No. 9 Appendix A
Provost & Pritchard Consulting Group A-4
Photograph 7
Overview of the surrounding area to the west.

Photograph 8
Overview of the west end of
the APE from Stanford Avenue facing south.
326
Section 8, Item J.

Provost & Pritchard Consulting Group Page | 1

CITY OF FOWLER
NEW WATER WELL NO. 9
Appendix B: CNDDB 9-
Quad Search
327
Section 8, Item J.

Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
alkali-sink goldfields
Lasthenia chrysantha
PDAST5L030 None None G2 S2 1B.1
Antioch efferian robberfly
Efferia antiochi
IIDIP07010 None None G1G2 S1S2
bristly sedge
Carex comosa
PMCYP032Y0 None None G5 S2 2B.1
brittlescale
Atriplex depressa
PDCHE042L0 None None G2 S2 1B.2
burrowing owl
Athene cunicularia
ABNSB10010 None None G4 S3 SSC
California alkali grass
Puccinellia simplex
PMPOA53110 None None G2 S2 1B.2
California glossy snake
Arizona elegans occidentalis
ARADB01017 None None G5T2 S2 SSC
California jewelflower
Caulanthus californicus
PDBRA31010 Endangered Endangered G1 S1 1B.1
California linderiella
Linderiella occidentalis
ICBRA06010 None None G2G3 S2S3
California satintail
Imperata brevifolia
PMPOA3D020 None None G3 S3 2B.1
California tiger salamander - central California DPS
Ambystoma californiense pop. 1
AAAAA01181 Threatened Threatened G2G3T3 S3 WL
coast horned lizard
Phrynosoma blainvillii
ARACF12100 None None G3G4 S4 SSC
Crotch bumble bee
Bombus crotchii
IIHYM24480 None Candidate
Endangered
G2 S1S2
Greene's tuctoria
Tuctoria greenei
PMPOA6N010 Endangered Rare G1 S1 1B.1
hoary bat
Lasiurus cinereus
AMACC05032 None None G3G4 S4
Hurd's metapogon robberfly
Metapogon hurdi
IIDIP08010 None None G1G2 S1S2
lesser saltscale
Atriplex minuscula
PDCHE042M0 None None G2 S2 1B.1
Madera leptosiphon
Leptosiphon serrulatus
PDPLM09130 None None G3 S3 1B.2
molestan blister beetle
Lytta molesta
IICOL4C030 None None G2 S2
Query Criteria: Quad IS (Conejo (3611956) OR Caruthers (3611957) OR Fresno South (3611967) OR Malaga (3611966) OR Sanger (3611965) OR Selma (3611955) OR Burris Park (3611945) OR Laton (3611946) OR Riverdale (3611947)) Report Printed on Wednesday, December 28, 2022
Commercial Version -- Dated December, 2 2022 -- Biogeographic Data Branch Page 1 of 2 Information Expires 6/2/2023
Selected Elements by Common Name
California Department of Fish and Wildlife
California Natural Diversity Database
328
Section 8, Item J.

Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
Northern California legless lizard
Anniella pulchra
ARACC01020 None None G3 S2S3 SSC
pallid bat
Antrozous pallidus
AMACC10010 None None G4 S3 SSC
Panoche pepper-grass
Lepidium jaredii ssp. album
PDBRA1M0G2 None None G2G3T2T3 S2S3 1B.2
San Joaquin kit fox
Vulpes macrotis mutica
AMAJA03041 Endangered Threatened G4T2 S2
San Joaquin pocket mouse
Perognathus inornatus
AMAFD01060 None None G2G3 S2S3
Swainson's hawk
Buteo swainsoni
ABNKC19070 None Threatened G5 S3
valley elderberry longhorn beetle
Desmocerus californicus dimorphus
IICOL48011 Threatened None G3T2T3 S3
Valley Sacaton Grassland
Valley Sacaton Grassland
CTT42120CA None None G1 S1.1
vernal pool fairy shrimp
Branchinecta lynchi
ICBRA03030 Threatened None G3 S3
vernal pool tadpole shrimp
Lepidurus packardi
ICBRA10010 Endangered None G4 S3
western mastiff bat
Eumops perotis californicus
AMACD02011 None None G4G5T4 S3S4 SSC
western spadefoot
Spea hammondii
AAABF02020 None None G2G3 S3S4 SSC
western yellow-billed cuckoo
Coccyzus americanus occidentalis
ABNRB02022 Threatened Endangered G5T2T3 S1
Record Count: 32
Report Printed on Wednesday, December 28, 2022
Commercial Version -- Dated December, 2 2022 -- Biogeographic Data Branch Page 2 of 2 Information Expires 6/2/2023
Selected Elements by Common Name
California Department of Fish and Wildlife
California Natural Diversity Database
329
Section 8, Item J.

Provost & Pritchard Consulting Group Page | 2

CITY OF FOWLER
NEW WATER WELL NO. 9
Appendix C: IPaC Search
330
Section 8, Item J.

February 18, 2023
United States Department of the Interior

FISH AND WILDLIFE SERVICE
Sacramento Fish And Wildlife Office
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
Phone: (916) 414-6600 Fax: (916) 414-6713
In Reply Refer To:

Project Code: 2023-0047039
Project Name: Fowler Well 9
Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project
To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) 331
Section 8, Item J.
02/18/2023 2
(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.

The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-tobirds.php.

In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.
332
Section 8, Item J.
02/18/2023 3
▪
Attachment(s):

Official Species List
333
Section 8, Item J.
02/18/2023 1

OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Sacramento Fish And Wildlife Office
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
(916) 414-6600
334
Section 8, Item J.
02/18/2023 2

PROJECT SUMMARY
Project Code: 2023-0047039
Project Name: Fowler Well 9
Project Type: Water Supply Facility - Withdrawal - Groundwater Project Description: The Project involves backfilling the stormwater retention pond in order to develop the new well site. An initial mobilization would occur to drill a test well and conduct water quality sampling and a separate mobilization would be required to construct a final production well.

Project Location:

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@36.62018755,-119.68642667996725,14z Counties: Fresno County, California
335
Section 8, Item J.
02/18/2023 3

1. ENDANGERED SPECIES ACT SPECIES
There is a total of 6 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

MAMMALS

NAME STATUS
Fresno Kangaroo Rat Dipodomys nitratoides exilis
There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5150
Endangered
San Joaquin Kit Fox Vulpes macrotis mutica
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/2873
Endangered

REPTILES

NAME STATUS
Blunt-nosed Leopard Lizard Gambelia silus
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/625
Endangered

AMPHIBIANS

NAME STATUS
California Tiger Salamander Ambystoma californiense
Population: U.S.A. (Central CA DPS)
There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/2076
Threatened
1 336
Section 8, Item J.
02/18/2023 4

INSECTS

NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate

CRUSTACEANS

NAME STATUS
Vernal Pool Fairy Shrimp Branchinecta lynchi
There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/498
Threatened

CRITICAL HABITATS

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.
337
Section 8, Item J.
02/18/2023 5

IPAC USER CONTACT INFORMATION
Agency: Provost & Pritchard Consulting Group
Name: Roman Endicott
Address: 455 W. Fir Ave
City: Clovis
State: CA
Zip: 93611
Email [email protected]
Phone: 5594492700
338
Section 8, Item J.

Provost & Pritchard Consulting Group Page | 3

CITY OF FOWLER
NEW WATER WELL NO. 9
Appendix D: NRCS Soils
Report
339
Section 8, Item J.

United States
Department of
Agriculture
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Eastern Fresno
Area, California Natural
Resources
Conservation
Service
December 28, 2022340
Section 8, Item J.

Preface
Soil surveys contain information that affects land use planning in survey areas.

They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers.

Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment.

Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions.

The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations.

Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951).

Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations.

The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey.

Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 341
Section 8, Item J.
alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
3 342
Section 8, Item J.

Contents
Preface....................................................................................................................2 How Soil Surveys Are Made..................................................................................5 Soil Map.................................................................................................................. 8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................ 11 Map Unit Descriptions.........................................................................................11 Eastern Fresno Area, California......................................................................13 Hsr—Hesperia fine sandy loam, very deep.................................................13 References............................................................................................................15 4 343
Section 8, Item J.

How Soil Surveys Are Made
Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity.

Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA.

The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape.

Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries.

Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units).

Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 344
Section 8, Item J.
scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research.

The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas.

Soil scientists make many field observations in the process of producing a soil map.

The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded.

These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape.

Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties.

While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management.

Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil.

Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date.

After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report
6 345
Section 8, Item J.
identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately.

Custom Soil Resource Report
7 346
Section 8, Item J.

Soil Map
The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 347
Section 8, Item J.
9 Custom Soil Resource Report
Soil Map
4056078 4056086 4056094 4056102 4056110 4056118 4056126 4056134 4056142 4056078 4056086 4056094 4056102 4056110 4056118 4056126 4056134 4056142 259739 259747 259755 259763 259771 259779 259787
259739 259747 259755 259763 259771 259779 259787
36° 37' 14'' N
119° 41' 12'' W
36° 37' 14'' N
119° 41' 10'' W
36° 37' 11'' N
119° 41' 12'' W
36° 37' 11'' N
119° 41' 10'' W
N
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 11N WGS84 0 15 30 60 90
Feet
0 5 10 20 30
Meters
Map Scale: 1:342 if printed on A portrait (8.5" x 11") sheet.

Soil Map may not be valid at this scale.
348
Section 8, Item J.

MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.

Warning: Soil Map may not be valid at this scale.

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

Please rely on the bar scale on each map sheet for map
measurements.

Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:

Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below.

Soil Survey Area: Eastern Fresno Area, California
Survey Area Data: Version 15, Sep 1, 2022
Soil map units are labeled (as space allows) for map scales 1:50,000 or larger.

Date(s) aerial images were photographed: Mar 16, 2022—May 30, 2022
The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.

Custom Soil Resource Report
10 349
Section 8, Item J.

Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Hsr Hesperia fine sandy loam, very
deep

0.5 100.0%
Totals for Area of Interest 0.5 100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit.

A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class.

Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils.

Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape.

The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas.

Custom Soil Resource Report
11 350
Section 8, Item J.

An identifying symbol precedes the map unit name in the map unit descriptions.

Each description includes general facts about the unit and gives important soil properties and qualities.

Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement.

Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.

Some map units are made up of two or more major soils or miscellaneous areas.

These map units are complexes, associations, or undifferentiated groups.

A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps.

The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example.

An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example.

An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.

Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example.

Custom Soil Resource Report
12 351
Section 8, Item J.

Eastern Fresno Area, California
Hsr—Hesperia fine sandy loam, very deep
Map Unit Setting
National map unit symbol: 2yc9f
Elevation: 240 to 320 feet
Mean annual precipitation: 10 to 12 inches
Mean annual air temperature: 63 to 64 degrees F
Frost-free period: 316 to 327 days
Farmland classification: Prime farmland if irrigated
Map Unit Composition
Hesperia and similar soils: 85 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.

Description of Hesperia
Setting
Landform: Alluvial fans
Landform position (three-dimensional): Talf
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Alluvium derived from granite
Typical profile
Ap1 - 0 to 5 inches: fine sandy loam
Ap2 - 5 to 11 inches: fine sandy loam
Bt - 11 to 32 inches: fine sandy loam
Btk - 32 to 60 inches: fine sandy loam
2Bdk - 60 to 67 inches: stratified silt loam
2Cd - 67 to 79 inches: stratified silt loam
Properties and qualities
Slope: 0 percent
Depth to restrictive feature: 60 inches to densic material Drainage class: Well drained
Runoff class: Negligible
Capacity of the most limiting layer to transmit water (Ksat): Moderately low (0.01 to

0.14 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: Rare
Frequency of ponding: None
Calcium carbonate, maximum content: 5 percent
Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 2.0
Available water supply, 0 to 60 inches: Moderate (about 7.8 inches) Interpretive groups
Land capability classification (irrigated): 1
Land capability classification (nonirrigated): 4c
Hydrologic Soil Group: B
Ecological site: R017XY905CA - Dry Alluvial Fans and Terraces Hydric soil rating: No
Custom Soil Resource Report
13 352
Section 8, Item J.

Minor Components
Unnamed, loam surface
Percent of map unit: 10 percent
Landform: Alluvial fans
Hydric soil rating: No
Unnamed
Percent of map unit: 5 percent
Landform: Alluvial fans
Hydric soil rating: No
Custom Soil Resource Report
14 353
Section 8, Item J.

References
American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition.

American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00.

Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31.

Federal Register. July 13, 1994. Changes in hydric soils of the United States.

Federal Register. September 18, 2002. Hydric soils of the United States.

Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States.

National Research Council. 1995. Wetlands: Characteristics and boundaries.

Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.

U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section.

United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1.

United States Department of Agriculture, Natural Resources Conservation Service.

National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374
United States Department of Agriculture, Natural Resources Conservation Service.

National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 15 354
Section 8, Item J.

United States Department of Agriculture, Natural Resources Conservation Service.

National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242
United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624
United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report
16 355
Section 8, Item J.

Appendices
Well No. 9
December 2023 C-1
Appendix C: Phase I Survey
356
Section 8, Item J.

Draft

PHASE I SURVEY,
FOWLER WELL NUMBER 9 PROJECT,

FRESNO COUNTY, CALIFORNIA
Prepared for:

Ms. Amy Wilson
Provost & Pritchard Consulting Group
130 North Garden Street
Visalia, California 93291-6362
Prepared by:

Peter A. Carey, M.A., RPA
Principal Investigator
and
K. Ross Way, A.A.

Associate Archaeologist
ASM Affiliates
4800 Stockdale Hwy, Suite 405
Bakersfield, California 93309
April 2023
PN 36510.30
357
Section 8, Item J.
358
Section 8, Item J.

Table of Contents
Fowler Well Number 9 Project i

TABLE OF CONTENTS
Chapter Page
MANAGEMENT SUMMARY.........................................................................................iii

1. INTRODUCTION AND REGULATORY CONTEXT...................................... 1

1.1 STUDY AREA LOCATION ........................................................................................ 1

1.2 PROJECT DESCRIPTION ........................................................................................... 1

1.3 REGULATORY CONTEXT ........................................................................................ 2

1.3.1 California Environmental Quality Act .................................................................. 2

2. ENVIRONMENTAL AND CULTUAL BACKGROUND ................................. 5

2.1 ENVIRONMENTAL BACKGROUND ....................................................................... 5

2.2 ETHNOGRAPHIC BACKGROUND .......................................................................... 5

2.3 PRE-CONTACT ARCHAEOLOGICAL BACKGROUND ........................................ 7

2.4 HISTORICAL BACKGROUND.................................................................................. 9

3. ARCHIVAL RECORDS SEARCH..................................................................... 13

4. METHODS AND RESULTS................................................................................ 15

4.1 INVENTORY RESULTS ........................................................................................... 15

5. SUMMARY AND RECOMMENDATIONS...................................................... 17

5.1 RECOMMENDATIONS ............................................................................................ 17 REFERENCES.................................................................................................................. 19 CONFIDENTIAL APPENDIX A ................................................................................... 23 359
Section 8, Item J.

Table of Contents
ii Fowler Well Number 9 Project

LIST OF FIGURES
Page
Figure 1. Location of the Fowler Well Number 9 Project, Fowler, Fresno County, California. ............................................................................................................... 3 Figure 2a: Fowler Well Number 9 Project study area looking toward the intersection of E.

South and Stanford Avenues. View toward the southwest. .................................. 16 Figure 2b: Fowler Well Number 9 Project study area looking toward residential areas along Stanford Avenue. View toward the northwest. ........................................... 16

LIST OF TABLES
Page
Table 1. Survey Reports within 0.5 Miles of the Study Area ............................................. 13 360
Section 8, Item J.

Management Summary
Fowler Well Number 9 Project iii

MANAGEMENT SUMMARY
An intensive Phase I cultural resources survey was conducted for the Fowler Well Number 9 Project (Project), Fowler, Fresno County, California. This study was conducted by ASM Affiliates, Inc. (ASM), with Peter A. Carey, M.A., RPA, serving as Principal Investigator. Background studies and fieldwork for the survey were completed in February 2023. The study was undertaken to assist with California Environmental Quality Act (CEQA) compliance.

A records search of site files and maps was completed February 6th, 2023, at the Southern San Joaquin Valley Information Center (SSJVIC), California State University, Bakersfield. A search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed March 15th, 2023. These investigations determined that the study area had not been previously surveyed and no sacred sites or traditional cultural places had been identified within or adjacent to this area. There have been ten previous studies conducted with 0.5-mile (mi) of the study area, and there are three recorded resources within 0.5-mi of the study area.

The study area for this Project totals approximately 0.61-acres (ac). The Phase I survey fieldwork was conducted on February 14th, 2023, with parallel transects spaced at 15-meter (m) intervals across the study area. No cultural resources were identified within the study area during the Phase I survey.

No historical resources or historic properties were discovered within the study area, and the potential for buried subsurface remains, given that the study area consists of an existing basin which will be filled in, is low. Based on these findings, the construction of the Project does not have the potential to result in adverse impacts to significant historical resources or properties, and no additional cultural resource studies are recommended.

In the unlikely event that cultural resources are identified during the project, it is recommended that a qualified archaeologist be contacted to evaluate the newly discovered resource. Further mitigation, including subsurface testing, may be required to determine the discovery’s eligibility for California Register of Historical Resources (CRHR). 361
Section 8, Item J.
362
Section 8, Item J.

1. Introduction and Regulatory Context
Fowler Well Number 9 Project 1

1. INTRODUCTION AND REGULATORY CONTEXT
ASM Affiliates was retained by Provost & Pritchard Consulting Group on behalf of the City of Fowler Water Department to conduct an intensive Phase I cultural resources survey for the Fowler Well Number 9 Project (Project), Fowler, Fresno County, California. The purpose of this archaeological investigation was to assist with compliance with the California Environmental Quality Act (CEQA).

This current investigation included:
• A background records search and literature review to determine if any known archaeological sites were present in the project zone and/or whether the study area had been previously and systematically studied by archaeologists; • A search of the NAHC Sacred Lands File to determine if any traditional cultural places or cultural landscapes have been identified within the area; • An on-foot, intensive inventory of the study area to identify and record previously undiscovered cultural resources and to examine known sites; and • A preliminary assessment of any such resources found within the subject property.

This study was conducted by ASM Affiliates, Inc., of Tehachapi, California, in February 2023.

Peter A. Carey, M.A., RPA, served as Principal Investigator, and ASM Assistant Archaeologist Maria Silva, B.A., conducted the fieldwork.

This manuscript constitutes a report on the Phase I survey. Subsequent chapters provide background to the investigation, including historic context studies; the findings of the archival records search; a summary of the field surveying techniques employed; and the results of the fieldwork. We conclude with management recommendations for the study area.

1.1 STUDY AREA LOCATION
The study area is located within the city limits of Fowler, Fresno County, California (Figure 1).

The study area consists of 0.61-ac on the northeast corner of Stanford Avenue and East South Avenue with residential neighborhoods on the north, east, and west. An agricultural field is located to the south. The Project study area is located in the southeast corner of Section 16 in Township 15 South, Range 21 East (T13S/R21E), Mount Diablo Base and Meridian (MDBM). This places the Project area on the open flats of the San Joaquin Valley, at an elevation of approximately 300- feet (ft) above mean sea level.

1.2 PROJECT DESCRIPTION
The City of Fowler Water Department proposes the construction of a new water well (Well No. 9) within City limits. The area currently consists of an existing water basin which will be filled back to grade. The proposed well will be constructed atop the new ground surface. 363
Section 8, Item J.

1. Introduction and Regulatory Context
2 Fowler Well Number 9 Project

1.3 REGULATORY CONTEXT

1.3.1 California Environmental Quality Act
CEQA is applicable to discretionary actions by state or local lead agencies. Under CEQA, lead agencies must analyze impacts to cultural resources. Significant impacts under CEQA occur when “historically significant” or “unique” cultural resources are adversely affected, which occurs when such resources could be altered or destroyed through project implementation. Historically significant cultural resources are defined by eligibility for or by listing in the California Register of Historical Resources (CRHR). In practice, the federal NRHP criteria for significance applied under Section 106 are generally (although not entirely) consistent with CRHR criteria (see PRC § 5024.1, Title 14 CCR, Section 4852 and § 15064.5(a)(3)).

Significant cultural resources are those archaeological resources and historical properties that:
(A) Are associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; (B) Are associated with the lives of persons important in our past; (C) Embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of an important creative individual, or possess high artistic values; or
(D) Have yielded, or may be likely to yield, information important in prehistory or history.

Unique resources under CEQA, in slight contrast, are those that represent:

An archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:
(1) Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information. (2) Has a special and particular quality such as being the oldest of its type or the best available example of its type.
(3) Is directly associated with a scientifically recognized important prehistoric or historic event or person (PRC § 21083.2(g)).

Preservation in place is the preferred approach under CEQA to mitigating adverse impacts to significant or unique cultural resources.
364
Section 8, Item J.

1. Introduction and Regulatory Context
Fowler Well Number 9 Project 3
Figure 1. Location of the Fowler-Well Number 9 Project study area, Fowler, Fresno County, California.
365
Section 8, Item J.
366
Section 8, Item J.

2. Environmental and Cultural Background
Fowler Well Number 9 Project 5

2. ENVIRONMENTAL AND CULTURAL

BACKGROUND

2.1 ENVIRONMENTAL BACKGROUND
As noted above, the study area is located at about 300-ft elevation on the open flats of the San Joaquin Valley, about 9-mi southeast of Fresno, within the limits of Fowler, California. Prior to the appearance of agriculture, starting in the nineteenth century, this location would have been prairie grasslands (Preston 1981). The study area and immediate surroundings have been urbanized and/or farmed and grazed for many years and no native vegetation is present. Perennial bunchgrasses such as purple needlegrass and nodding needlegrass most likely would have been the dominant plant cover in the study area prior to cultivation. Currently, the study area consists of an open lot surrounded by commercial and residential properties.

At the time of the Phase I survey, the Project study area consisted of an excavated stormwater catchment basin with residential housing to the north, west, and east. Although the study area has been impacted by the excavation of the basin and modern landscaping, the landscape has likely not changed much historically. Vegetation in the study area currently consists of sparse forbs and grasses.

2.2 ETHNOGRAPHIC BACKGROUND
Penutian-speaking Yokuts tribal groups occupied the southern San Joaquin Valley region and much of the nearby Sierra Nevada. Ethnographic information about the Yokuts was collected primarily by Powers (1971, 1976 [originally 1877]), Kroeber (1925), Gayton (1930, 1948), Driver (1937), Latta (1977), and Harrington (n.d.). For a variety of historical reasons, existing research information emphasizes the central Yokuts tribes who occupied both the valley and particularly the foothills of the Sierra. The northernmost tribes suffered from the influx of Euro-Americans during the Gold Rush and their populations were in substantial decline by the time ethnographic studies began in the early twentieth century. In contrast, the southernmost tribes were partially removed by the Spanish to missions and eventually absorbed into multi-tribal communities on the Sebastian Indian Reservation (on Tejon Ranch), and later the Tule River Reservation and Santa Rosa Rancheria to the north, as well as other reservations in the foothills and Sierras. The result is an unfortunate scarcity of ethnographic detail on valley tribes, especially in relation to the rich information collected from the central foothills tribes where native speakers of the Yokuts dialects are still found. Regardless, the general details of indigenous life-ways were similar across the broad expanse of Yokuts territory, particularly in terms of environmentally influenced subsistence and adaptation and with regard to religion and belief, which were similar everywhere.

Following Kroeber (1925: Plate 47), the study area most likely lies in Wechihit territory. The nearest village to the study area for this group was Musahau, approximately 8.5-mi northeast near Sanger.
367
Section 8, Item J.

2. Environmental and Cultural Background
6 Fowler Well Number 9 Project
Most Yokuts groups, regardless of specific tribal affiliation, were organized as a recognized and distinct tribelet; a circumstance that almost certainly pertained to the tribal groups noted above.

Tribelets were land-owning groups organized around a central village and linked by shared territory and descent from a common ancestor. The population of most tribelets ranged from about 150 to 500 peoples (Kroeber 1925).

Each tribelet was headed by a chief who was assisted by a variety of assistants, the most important of whom was the winatum, a herald or messenger and assistant chief. A shaman also served as religious officer. While shamans did not have any direct political authority, as Gayton (1930) has illustrated, they maintained substantial influence within their tribelet.

Shamanism is a religious system common to most Native American tribes. It involves a direct and personal relationship between the individual and the supernatural world enacted by entering a trance or hallucinatory state (usually based on the ingestion of psychotropic plants, such as jimsonweed or more typically native tobacco). Shamans were considered individuals with an unusual degree of supernatural power, serving as healers or curers, diviners, and controllers of natural phenomena (such as rain or thunder). Shamans also produced the rock art of this region, depicting the visions they experienced in vision quests believed to represent their spirit helpers and events in the supernatural realm (Whitley 1992, 2000).

The centrality of shamanism to the religious and spiritual life of the Yokuts was demonstrated by the role of shamans in the yearly ceremonial round. The ritual round, performed the same each year, started in the spring with the jimsonweed ceremony, followed by rattlesnake dance and (where appropriate) first salmon ceremony. After returning from seed camps, fall rituals began in the late summer with the mourning ceremony, followed by first seed and acorn rites and then bear dance (Gayton 1930:379). In each case, shamans served as ceremonial officials responsible for specific dances involving a display of their supernatural powers (Kroeber 1925).

Subsistence practices varied from tribelet to tribelet based on the environment of residence.

Throughout Native California, and Yokuts territory in general, the acorn was a primary dietary component, along with a variety of gathered seeds. Valley tribes augmented this resource with lacustrine and riverine foods, especially fish and wildfowl. As with many Native California tribes, the settlement and subsistence rounds included the winter aggregation into a few large villages, where stored resources (like acorns) served as staples, followed by dispersal into smaller camps, often occupied by extended families, where seasonally available resources would be gathered and consumed.

Although population estimates vary and population size was greatly affected by the introduction of Euro-American diseases and social disruption, the Yokuts were one of the largest, most successful groups in Native California. Cook (1978) estimates that the Yokuts region contained 27 percent of the aboriginal population in the state at the time of contact; other estimates are even higher. Many Yokut descendants continue to live in Fresno County, either on tribal reservations, or in local towns and communities.
368
Section 8, Item J.

2. Environmental and Cultural Background
Fowler Well Number 9 Project 7

2.3 PRE-CONTACT ARCHAEOLOGICAL BACKGROUND
The southern San Joaquin Valley region has received much less archaeological attention than other areas of the state. In part, this is because the majority of California archaeological work has concentrated in the Sacramento Delta, Santa Barbara Channel, and central Mojave Desert areas (see Moratto 1984). Although knowledge of the region’s prehistory is limited, enough is known to determine that the archaeological record is broadly similar to south-central California as a whole (see Gifford and Schenk 1926; Hewes 1941; Wedel 1941; Fenenga 1952; Elsasser 1962; Fredrickson and Grossman 1977; Schiffman and Garfinkel 1981; Rosenthal et al. 2007). Indeed, Gifford and Schenk (1926) were the first to identify the similarity between southern San Joaquin Valley prehistory and the archaeological record along the Santa Barbara Channel, a specific observation that was analytically verified more recently by Siefkin (1999). This circumstance, overlooked by some subsequent researchers, has resulted in confusion in the literature due to the application of the Sacramento Delta chronology on the local archaeological record, where it has never really fit. Based on these sources and this observation, the general prehistory of the region can be outlined in south-central California terms, as follows.

Initial occupation of the region occurred at least as early as the Paleoindian Period, or prior to about 10,000 years before present (YBP). Evidence of early use of the region is indicated by characteristic fluted and stemmed points found around the margin of Tulare Lake, in the foothills of the Sierra, and in the Mojave Desert proper. Both fluted and stemmed points are particularly common around lake margins (e.g., Wallace and Riddell 1993), suggesting a terminal Pleistocene/early Holocene lakeshore adaptation similar to that found throughout the far west at the same time. Little else is known about these earliest peoples at this point, however, in part because the locations of their recorded sites occur in lakeshore contexts that have experienced repetitive transgressive and regressive shorelines, resulting in mixed archaeological deposits.

Substantial evidence for human occupation of California first occurs during the Early Holocene, roughly 7500 to 4000 YBP. This period is known as the Early Horizon, or alternatively as the Early Millingstone along the Santa Barbara Channel. In the south, populations concentrated along the coast with minimal visible use of inland areas. Adaptation emphasized hard seeds and nuts with tool-kits dominated by mullers and grindstones (manos and metates). Little evidence for Early Horizon occupation exists in most inland portions of the state with (again) the exceptions being along lakeshores, partly due to a severe cold and dry paleoclimatic period occurring at this time.

Regardless of specifics, Early Horizon population density was low with a subsistence adaptation more likely tied to plant food gathering than hunting.

Environmental conditions improved dramatically after about 4000 YBP during the Middle Horizon (or Intermediate Period). This period known climatically as the Holocene Maximum (circa 3800 YBP) and was characterized by significantly warmer and wetter conditions than previously experienced. Archaeologically, it was marked by large population increase and radiation into new environments along coastal and interior south-central California and the Mojave Desert (Whitley 2000). In the Delta region to the north, this same period of favorable environmental conditions was characterized by the appearance of the Windmiller culture, which exhibited a high degree of ritual elaboration (especially in burial practices) and perhaps even a rudimentary mound-building tradition (Meighan, personal communication 1985). Along with ritual elaboration, Middle Horizon 369
Section 8, Item J.

2. Environmental and Cultural Background
8 Fowler Well Number 9 Project
times experienced increasing subsistence specialization, perhaps correlating with the appearance of acorn processing technology. Penutian speaking peoples (including the Yokuts) are also hypothesized to have entered the state roughly at the beginning of this period and, perhaps to have brought this technology with them (cf. Moratto 1984). Likewise it appears the so-called “Shoshonean Wedge” in southern California or the Takic speaking groups that include the Gabrielino/Fernandeño, Tataviam, and Kitanemuk, may have moved into the region at this time, rather than at about 1500 YBP as first suggested by Kroeber (1925).

Evidence for Middle Horizon occupation of interior south-central California is substantial. For example, in northern Los Angeles County along the upper Santa Clara River, to the south of the San Joaquin Valley, the Agua Dulce village complex indicates occupation extending back to the Intermediate Period, when the population of the village may have been 50 or more people (King et al. n.d.). Similarly, inhabitation of the Hathaway Ranch region near Lake Piru, and the Newhall Ranch near Valencia, appears to date to the Intermediate Period (W&S Consultants 1994). To the west, little or no evidence exists for pre-Middle Horizon occupation in the upper Sisquoc and Cuyama River drainages; populations first appear there at roughly 3500 YBP (Horne 1981). The Carrizo Plain, the valley immediately west of the San Joaquin, experienced a major population expansion during the Middle Horizon (W&S Consultants 2004; Whitley et al. 2007), and recently collected data indicates the Tehachapi Mountains region was first significantly occupied during the Middle Horizon (W&S Consultants 2006). A parallel can be drawn to the inland Ventura County region where a similar pattern has been identified (Whitley and Beaudry 1991), as well as the western Mojave Desert (Sutton 1988a, 1988b), the southern Sierra Nevada (W&S Consultants 1999), and the Coso Range region (Whitley et al. 1988). In all of these areas a major expansion in settlement, the establishment of large site complexes, and an increase in the range of environments exploited appear to have occurred sometime roughly around 4,000 years ago. Although most efforts to explain this expansion have focused on local circumstances and events, it is increasingly apparent this was a major southern California-wide occurrence, and any explanation must be sought at a larger level of analysis (Whitley 2000). Additionally, evidence from the Carrizo Plain suggests the origins of the tribelet level of political organization developed during this period (W&S Consultants 2004; Whitley et al. 2007). Whether this same demographic process holds for the southern San Joaquin Valley, including the study area, is yet to be determined.

Fowler City CouncilFebruary 6, 2024

Fowler City Council
February 6, 2024