CITY COUNCIL MEETING
TUESDAY, MARCH 05, 2024 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
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https://us06web.zoom.us/j/85760795957?pwd=VGy3tG0t8cvSMUiNRsZA2cbOJi0_g.aAven5Dm1BJ8BTCI Telephone Number: (253) 215-8782
Meeting ID: 857 6079 5957
Passcode: 761378
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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 A WORSHIP CENTRE PASTOR
5. PLEDGE OF ALLEGIANCE
6. CEREMONIAL PRESENTATIONS
A. PROCLAMATION designating Friday, April 26, 2024 as Arbor Day in 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 3 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 March 5, 2024
B. APPROVE Minutes of the February 20, 2024 City Council Meeting C. ADOPT 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 Article 11, of Chapter 4, of Title 6 of the Fowler Municipal Code relating to the application of security deposits for water service.
D. RECEIVE AND FILE an Update on Capital Projects
E. APPROVE Resolution No. 2708 adopting the Youth Recreation Funding Policy. 2 F. APPROVE Resolution No. 2711 approving the updated Employee Benefits Handbook.
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
Public Works
A. APPROVE the 2023-2024 Water Rate Study and Initiate the Prop 218 process of setting a Public Hearing for an amended water fee schedule.
Planning
B. CONSIDER Resolution No. 2712 authorizing submittal of a grant application to the Strategic Growth Council (SGC) for Funds Under the Affordable Housing and Sustainable Communities (AHSC) Round 8 Program.
11. STAFF COMMUNICATIONS
12. COUNCILMEMBER REPORTS AND COMMENTS
13. CLOSED SESSION
Government Code Section 54957
Public Employee Performance Evaluation
Title: City Manager
Government Code Section 54957.6
Conference with Labor Negotiators
Agency designated representative: City Attorney
Unrepresented employee: City Manager
14. RECONVENE INTO OPEN SESSION AND REPORT ACTION
15. ADJOURN
Next Ordinance No. 2024-03
Next Resolution No. 2713
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, March 1, 2024.
Angela Vasquez, CPMC
City Clerk
3 CHECK NUMBERS CHECK DATES AMOUNT
ACCOUNTS PAYABLE CHECKS
Regular checks 42459-42548 February 14 thru February 28 $ 816,108.92 TOTAL ACCOUNTS PAYABLE CHECKS $ 816,108.92
PAYROLL COSTS
Second February Bi-Monthly Payroll February 29, 2024 $ 115,953.85 TOTAL PAYROLL COSTS $ 115,953.85
TOTAL CASH DISBURSEMENTS $ 932,062.77
NOTE:
Check#42497 Void Check
CITY OF FOWLER
WARRANTS LIST
March 5, 2024
4 Section 8, Item A.
SUPERION PAGE NUMBER: 1
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42459 02/14/24 14519 AMAZON CAPITAL SERV 6030 5121 OFFICE SUPP-ADMIN 0.00 28.32 1001 42462 02/14/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 -139.00 1001 42462 02/14/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 10.80 1001 42462 02/14/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 10.82 1001 42462 02/14/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 21.67 1001 42462 02/14/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 24.22 1001 42462 02/14/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 249.22 TOTAL CHECK 0.00 177.73
1001 42463 02/14/24 14252 FOWLER ACE HARDWARE 6700 5121 SUPPLIES-SN CTR 0.00 31.37 1001 42465 02/14/24 10215 NELSON HARDWARE & G 6200 5195 SUPPLIES-STREETS 0.00 113.90 1001 42466 02/14/24 14843 O'REILLY AUTO PARTS 6200 5205 FLEET-PW 0.00 108.06 1001 42466 02/14/24 14843 O'REILLY AUTO PARTS 6200 5205 FLEET-PW 0.00 135.47 1001 42466 02/14/24 14843 O'REILLY AUTO PARTS 6200 5205 FLEET-PW 0.00 379.97 TOTAL CHECK 0.00 623.50
1001 42467 02/14/24 13655 PROVOST & PRITCHARD 6150 5220 PLN TSM #6409 0.00 51.18 1001 42467 02/14/24 13655 PROVOST & PRITCHARD 6150 5220 PLN CUP 23-11 0.00 69.00 1001 42467 02/14/24 13655 PROVOST & PRITCHARD 6150 5220 PLN SPR 23-13 0.00 710.80 1001 42467 02/14/24 13655 PROVOST & PRITCHARD 6150 5220 ON CALL PLANNING 0.00 16,154.71 TOTAL CHECK 0.00 16,985.69
1001 42468 02/14/24 13354 QUINN CAT 6200 5205 FLEET-PW 0.00 289.64 1001 42471 02/14/24 10763 SUNBELT RENTALS 6260 5182 RENT TRENCHER PARK 0.00 222.39 1001 42472 02/14/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 59.78 1001 42472 02/14/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 70.06 1001 42472 02/14/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-PW 0.00 98.21 TOTAL CHECK 0.00 228.05
1001 42473 02/14/24 13960 VORTEX 6700 5182 DOOR REPAIR-SN CTR 0.00 922.17 1001 42474 02/14/24 14830 WILLDAN GROUP INC 6160 5220 INSPECTIONS DEC23 0.00 1,710.00 1001 42478 02/21/24 13597 ADVENTIST HEALTH 6120 5310 DISCOVERY PACKET 0.00 80.00 1001 42478 02/21/24 13597 ADVENTIST HEALTH 6120 5310 DRUG BLOOD TOX 0.00 316.00 TOTAL CHECK 0.00 396.00
1001 42479 02/21/24 10007 ALERT-O-LITE, INC 6200 5195 SUPPLIES STREETS 0.00 31.62 1001 42479 02/21/24 10007 ALERT-O-LITE, INC 6200 5195 SUPPLIES STREETS 0.00 99.13 1001 42479 02/21/24 10007 ALERT-O-LITE, INC 6200 5195 SUPPLIES STREETS 0.00 1,217.58 TOTAL CHECK 0.00 1,348.33
1001 42480 02/21/24 12285 ATT 6170 5160 AT&T FEB24-PD 0.00 1,427.15 1001 42481 02/21/24 14149 AVENAL COMMUNITY HE 6120 5310 MEDICAL SVC 3/18/22 0.00 160.00 1001 42481 02/21/24 14149 AVENAL COMMUNITY HE 6120 5310 MEDICAL SVC 3/21/22 0.00 160.00 TOTAL CHECK 0.00 320.00
5 Section 8, Item A.
SUPERION PAGE NUMBER: 2
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT SALES TAX AMOUNT 1001 42483 02/21/24 10993 POLICE REGIONAL TRA 6120 5300 0.00 593.00 1001 42484 02/21/24 12654 COMCAST 6170 5160 0.00 61.50
1001 42485 02/21/24 12680 COPWARE INC 6120 5310 0.00 705.00 1001 42486 02/21/24 14512 CSG CONSULTANTS 6160 5220 0.00 4,783.19 1001 42487 02/21/24 10084 DEPARTMENT OF JUSTI 6120 5220 0.00 140.00 1001 42488 02/21/24 10758 FORENSIC NURSE SPEC 6120 5220 0.00 1,000.00 1001 42489 02/21/24 10488 FOWLER UNIFIED SCHO 6120 5210 0.00 3,717.76 1001 42490 02/21/24 10104 FPOA 100 2045 0.00 200.00
1001 42492 02/21/24 10124 FRESNO SHERIFF BUS 6120 5271 0.00 9,566.95 1001 42493 02/21/24 13127 HEALTHWISE SERVICES 6120 5310 0.00 286.25 1001 42494 02/21/24 14749 HOFFMAN SECURITY 6080 5715 0.00 51.32 1001 42494 02/21/24 14749 HOFFMAN SECURITY 6120 5160 0.00 57.00 1001 42494 02/21/24 14749 HOFFMAN SECURITY 6020 5190 0.00 595.45 1001 42494 02/21/24 14749 HOFFMAN SECURITY 6080 5715 0.00 8,895.00 TOTAL CHECK 0.00 9,598.77
1001 42495 02/21/24 11018 HOME DEPOT CREDIT S 6260 5203 0.00 540.21 1001 42496 02/21/24 14238 INFOSEND, INC 6400 5110 0.00 279.89 1001 42496 02/21/24 14238 INFOSEND, INC 6400 5110 0.00 288.22 TOTAL CHECK 0.00 568.11
1001 42497 02/21/24 14111 KIMBALL MIDWEST 6260 5200 0.00 399.83 1001 42497 V 02/21/24 14111 KIMBALL MIDWEST 6260 5200 0.00 -399.83 TOTAL CHECK 0.00 0.00
1001 42498 02/21/24 10189 LEAGUE OF CALIFORNI 6020 5250 0.00 121.00 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 45.00 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 225.00 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 292.50 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 472.50 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 607.50 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 750.93 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 1,209.25 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 2,295.00 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 4,665.55 1001 42499 02/21/24 10194 LOZANO SMITH 6060 5620 0.00 8,333.68 TOTAL CHECK 0.00 18,896.91
1001 42501 02/21/24 14985 MOORE TWINING 6120 5710
----DESCRIPTION----
TRAINING MACIAS-PD
COMCAST VOICE JAN
APR24-MAR25 LICENSE
PLAN CHECK
BLOOD ALC. ANALYSIS
POLICE-EXAM 4/30/23
FUEL JAN24-PD
EMP DED 02/15/24
DISPATCH SVC JAN24
38 GALLON SHARPS
SECURITY SYS SNR CT
SECURITY SERVICES
CONTROL STRIKE SVC
SECURITY SYS SNR CT
SUPPLIES PARKS
KIDSSHOP23
CHRISTMAS23 FLYER
SUPPLIES PARKS
SUPPLIES PARKS
SSJVD DUES FY24
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
LEGAL SERVICES JAN2
GEOTECHNICAL ENGINE 0.00 8,250.00
6 Section 8, Item A.
SUPERION PAGE NUMBER: 3
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 2006 F350 0.00 -322.17 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 PW FLEET 0.00 14.09 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 2006 F350 0.00 65.68 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 PW FLEET 0.00 65.68 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 PW FLEET 0.00 91.09 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 2006 F350 0.00 143.01 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 PW FLEET 0.00 160.53 1001 42502 02/21/24 14843 O'REILLY AUTO PARTS 6200 5205 2006 F350 0.00 390.20 TOTAL CHECK 0.00 608.11
1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 2/6/24 0.00 9.38 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/7TH 2/6/24 0.00 9.53 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 1291 W SOUTH 2/6/24 0.00 9.53 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/6TH 2/6/24 0.00 9.53 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 127 S 6TH 2/6/24 0.00 9.53 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 2/6/24 0.00 15.74 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 WALTER/FRES 2/14/24 0.00 16.08 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5834 2/14/24 0.00 67.22 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 2831 E MANN 2/6/24 0.00 96.59 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6260 5170 9TH/MERCED 2/6/24 0.00 98.66 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 GLDNST B 2/6/24 0.00 117.35 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 4218 GLDNSTAT 2/6/2 0.00 121.26 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 420 E MERCED 2/6/24 0.00 126.33 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 2/6/24 0.00 137.75 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 2/6/24 0.00 206.01 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 212 E MERCED 2/6/24 0.00 221.55 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6080 5170 128 S 5TH 2/6/24 0.00 241.73 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6080 5170 128 S 5TH 2/6/24 0.00 274.87 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6260 5170 500 E MERCED 2/6/24 0.00 347.23 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 ADAMS/TEMP 2/14/24 0.00 420.21 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 SOUTH & SUNNY 2/14/ 0.00 440.35 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6080 5170 MAIN/5TH 2/6/24 0.00 572.04 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 2/6/24 0.00 735.33 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 LOAN PROG 2/6/24 0.00 941.28 1001 42503 02/21/24 10237 P G & E - SACRAMENT 6200 5170 7TH/TULARE 2/6/24 0.00 34.81 TOTAL CHECK 0.00 5,279.89
1001 42506 02/21/24 14433 PRICE PAIGE & COMPA 6030 5220 AUDIT 22-23 0.00 4,995.00 1001 42507 02/21/24 13655 PROVOST & PRITCHARD 6150 5510 ENG PROP 68 PM 0.00 342.00 1001 42507 02/21/24 13655 PROVOST & PRITCHARD 6150 5220 AA 23-42 0.00 346.90 1001 42507 02/21/24 13655 PROVOST & PRITCHARD 6150 5220 GP ECON DEV AREA 0.00 705.00 1001 42507 02/21/24 13655 PROVOST & PRITCHARD 6150 5510 TRACT 5952 0.00 1,124.00 1001 42507 02/21/24 13655 PROVOST & PRITCHARD 6150 5510 ENG 2023 GRANT 0.00 1,129.53 TOTAL CHECK 0.00 3,647.43
1001 42509 02/21/24 10518 SIGNMAX! 6200 5195 SUPPLIES STREETS 0.00 126.77 1001 42509 02/21/24 10518 SIGNMAX! 6200 5195 SUPPLIES STREETS 0.00 331.98 TOTAL CHECK 0.00 458.75
1001 42510 02/21/24 14358 SPARKLETTS 6020 5121 WTR SVC JAN24 ADMIN 0.00 160.62 7 Section 8, Item A.
SUPERION PAGE NUMBER: 4
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42510 02/21/24 14358 SPARKLETTS 6120 5121 WTR SVC JAN24 PD 0.00 160.62 TOTAL CHECK 0.00 321.24
1001 42511 02/21/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS PD 0.00 7.18 1001 42511 02/21/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL SNR CTR 0.00 62.58 1001 42511 02/21/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS ADMIN 0.00 76.50 1001 42511 02/21/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS PW 0.00 89.42 TOTAL CHECK 0.00 235.68
1001 42512 02/21/24 14830 WILLDAN GROUP INC 6160 5220 INSPECTIONS JAN24 0.00 2,375.00 1001 42520 02/28/24 14519 AMAZON CAPITAL SERV 6120 5100 OFFICE SUPPLIES-PD 0.00 47.89 1001 42520 02/28/24 14519 AMAZON CAPITAL SERV 6120 5104 SUPPLIES-PD 0.00 120.01 TOTAL CHECK 0.00 167.90
1001 42521 02/28/24 10549 AT&T MOBILITY 6170 5160 FIRSTNET 1/12-2/11- 0.00 933.69 1001 42522 02/28/24 14330 B&P PEST PROS 6020 5185 PEST CONTROL 2/22/2 0.00 90.00 1001 42522 02/28/24 14330 B&P PEST PROS 6130 5185 PEST CONTROL 2/22/2 0.00 95.00 1001 42522 02/28/24 14330 B&P PEST PROS 6700 5185 PEST CONTROL 2/22/2 0.00 95.00 TOTAL CHECK 0.00 280.00
1001 42525 02/28/24 11291 THE BUSINESS JOURNA 6150 5150 PHN FOR CUP NO 24-0 0.00 487.50 1001 42526 02/28/24 10506 CALMAT CO DBA VULCA 6200 5195 ASPHALT REPAIR-PW 0.00 319.08 1001 42526 02/28/24 10506 CALMAT CO DBA VULCA 6200 5195 ASPHALT REPAIR-PW 0.00 524.68 TOTAL CHECK 0.00 843.76
1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING JUN 0.00 12.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING MAY 0.00 85.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING JAN 0.00 350.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING JUL 0.00 350.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING OCT 0.00 350.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING SEP 0.00 350.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING NOV 0.00 350.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING DEC 0.00 350.00 1001 42527 02/28/24 14188 DATA TICKET 6120 5220 CITE PROCESSING AUG 0.00 350.00 1001 42527 02/28/24 14188 DATA TICKET 6160 5100 PRINTING BOOKS 0.00 1,715.49 TOTAL CHECK 0.00 4,262.49
1001 42530 02/28/24 14642 MAVERICK DATA SYSTE 6120 5230 MAVERICK DATA SYS-P 0.00 77.52 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 SUMNER&MAGNOLA2/14/ 0.00 6.66 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 2/14/2 0.00 11.46 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 127 S 6TH 2/16/24 0.00 11.79 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1-E WHY LT 2/14/2 0.00 13.08 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 SUMNER/HW99 2/14/24 0.00 13.30 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 TSFR 3LTS 2/14/24 0.00 14.24 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 692 HILL AVE 2/22/2 0.00 15.57 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 8TH/VINE 2/14/24 0.00 17.59 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1A-WHY LT 2/14/24 0.00 21.05 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 ADAMS/DEEAN 2/14/24 0.00 21.83 8 Section 8, Item A.
SUPERION PAGE NUMBER: 5
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 100 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 TR5090 2/14/24 0.00 31.96 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 TEMP/PARL 2/14/24 0.00 46.56 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A WHYLT 2/14/24 0.00 46.56 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 2/14/2 0.00 49.34 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A-WHY LT 2/14/2 0.00 69.14 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 TR5041 2/14/24 0.00 121.39 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 T5088 2/14/24 0.00 150.86 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 GLDST/VLVY DR 2/14/ 0.00 219.98 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 CLAYTON/ARMSTR 2/14 0.00 276.94 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1-C HWY 2/14/24 0.00 344.90 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1-F HWY LT 2/14/2 0.00 418.50 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 630 W. FRESNO 2/22/ 0.00 496.52 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1-A 2/14/24 0.00 817.05 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A WHY LT 2/14/2 0.00 1,052.33 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS1-E WHY LT 2/14/2 0.00 1,130.08 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 LS2-A HWY LT 2/14/2 0.00 1,626.18 1001 42531 02/28/24 10237 P G & E - SACRAMENT 6200 5170 3079 MANN 2/21/24 0.00 98.88 TOTAL CHECK 0.00 7,143.74
1001 42532 02/28/24 14836 PRO-SCREEN INC 6025 5110 ADA SIGN-ADMIN 0.00 421.86 1001 42533 02/28/24 10249 QUILL 6020 5100 SUPPLIES-ADMIN 0.00 12.62 1001 42533 02/28/24 10249 QUILL 6200 5121 SUPPLIES-PW 0.00 282.05 TOTAL CHECK 0.00 294.67
1001 42534 02/28/24 10251 R & R AUTO REPAIR S 6120 5205 OIL CHANGE U#10-PD 0.00 89.72 1001 42535 02/28/24 11179 R G EQUIPMENT 6260 5200 SUPPLIES-PARKS 0.00 149.60 1001 42536 02/28/24 14479 RG POWER 6200 5195 SUPPLIES-ST 0.00 211.69 1001 42537 02/28/24 14989 RICHARD WONG 100 3706 REFUND WONG CITE 0.00 100.00 1001 42538 02/28/24 10763 SUNBELT RENTALS 6200 5182 RENT ST DUMP TR-PW 0.00 354.48 1001 42539 02/28/24 10303 SWANSON-FAHRNEY FOR 6120 5205 OIL CHANGE U#20-PD 0.00 93.75 1001 42540 02/28/24 14535 THOMAS GAFFERY 6150 5300 LEAGUE TRAVEL-GAFFE 0.00 1,462.92 1001 42541 02/28/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SNR CTR 0.00 70.06 1001 42541 02/28/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 110.88 TOTAL CHECK 0.00 180.94
1001 42542 02/28/24 13521 UNITY IT 6120 5230 TABLET SUPPORT-PD 0.00 527.49 1001 42543 02/28/24 14988 VERONICA MCGUIRE 100 3706 REPORT REFUND-PD 0.00 10.00 1001 42544 02/28/24 14290 XEROX FINANCIAL SER 6170 5180 XEROX LEASE 2/1-2/2 0.00 1,515.43 TOTAL CASH ACCOUNT 0.00 121,383.14
TOTAL FUND 0.00 121,383.14
9 Section 8, Item A.
SUPERION PAGE NUMBER: 6
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 200 - UTILITY USERS TAX
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42491 02/21/24 10122 FRESNO COUNTY FIRE 2000 5220 FIRE SVC JAN-JUN24 0.00 113,978.46 TOTAL CASH ACCOUNT 0.00 113,978.46
TOTAL FUND 0.00 113,978.46
10 Section 8, Item A.
SUPERION PAGE NUMBER: 7
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 201 - DISTRICT SALES TAX
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42513 02/21/24 10122 FRESNO COUNTY FIRE 2010 5220 FIRE SVC JAN-JUN24 0.00 290,000.00 TOTAL CASH ACCOUNT 0.00 290,000.00
TOTAL FUND 0.00 290,000.00
11 Section 8, Item A.
SUPERION PAGE NUMBER: 8
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 209 - RECYCLE GRANT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42469 02/14/24 14979 REDCAT SOBER GRAD 209 5110 SPRING FEST CLEAN U 0.00 2,000.00 TOTAL CASH ACCOUNT 0.00 2,000.00
TOTAL FUND 0.00 2,000.00
12 Section 8, Item A.
SUPERION PAGE NUMBER: 9
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 212 - ARPA FUNDING
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42475 02/14/24 13655 PROVOST & PRITCHARD 2120 5710 WATER TOWER REHAB 0.00 81.00 1001 42545 02/28/24 14634 DEWBERRY ARCHITECT 2120 5710 WATER TOWER 0.00 23,631.00 1001 42546 02/28/24 14787 TOOLE DESIGN GROUP 2120 5710 VISUAL IDENTITY 0.00 410.00 TOTAL CASH ACCOUNT 0.00 24,122.00
TOTAL FUND 0.00 24,122.00
13 Section 8, Item A.
SUPERION PAGE NUMBER: 10
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 225 - LTF - ARTICLE 8
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42507 02/21/24 13655 PROVOST & PRITCHARD 2250 5710 45H & 5TH OVERLAY 0.00 1,197.90 TOTAL CASH ACCOUNT 0.00 1,197.90
TOTAL FUND 0.00 1,197.90
14 Section 8, Item A.
SUPERION PAGE NUMBER: 11
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 236 - ACTIVE TRNSPORT PLN (ATP)
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42476 02/14/24 12060 PETERS ENGINEERING 2360 5510 FOWLER AVE SIDEWALK 0.00 3,155.90 1001 42514 02/21/24 12060 PETERS ENGINEERING 2360 5710 ENG FOWLER SIDEWALK 0.00 20,186.00 1001 42547 02/28/24 13618 TODD COMPANIES 2360 5510 FOWLER AVE SIDEWALK 0.00 3,155.90 TOTAL CASH ACCOUNT 0.00 26,497.80
TOTAL FUND 0.00 26,497.80
15 Section 8, Item A.
SUPERION PAGE NUMBER: 12
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 237 - SRFC TRNS BLCK GRNT-STBG
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42515 02/21/24 12060 PETERS ENGINEERING 2370 5710 ENG MANNING AVE 0.00 1,261.48 1001 42515 02/21/24 12060 PETERS ENGINEERING 2370 5710 ENG ADAMS REHAB 0.00 13,500.00 TOTAL CHECK 0.00 14,761.48
TOTAL CASH ACCOUNT 0.00 14,761.48
TOTAL FUND 0.00 14,761.48
16 Section 8, Item A.
SUPERION PAGE NUMBER: 13
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 238 - MEASURE C TOD GRANT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42467 02/14/24 13655 PROVOST & PRITCHARD 2380 5520 MAIN ST. BIKEWAY 0.00 131.60 TOTAL CASH ACCOUNT 0.00 131.60
TOTAL FUND 0.00 131.60
17 Section 8, Item A.
SUPERION PAGE NUMBER: 14
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 240 - CMAQ GRANT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42516 02/21/24 12060 PETERS ENGINEERING 2400 5710 ENG SUMNER AVE BIKE 0.00 8,500.00 1001 42516 02/21/24 12060 PETERS ENGINEERING 2400 5710 ENG 7TH & MERCED 0.00 14,000.00 TOTAL CHECK 0.00 22,500.00
TOTAL CASH ACCOUNT 0.00 22,500.00
TOTAL FUND 0.00 22,500.00
18 Section 8, Item A.
SUPERION PAGE NUMBER: 15
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 255 - STATE GRANT AB178
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42517 02/21/24 14634 DEWBERRY ARCHITECT 2550 5710 PD SENIOR CTR DESIG 0.00 50,152.75 TOTAL CASH ACCOUNT 0.00 50,152.75
TOTAL FUND 0.00 50,152.75
19 Section 8, Item A.
SUPERION PAGE NUMBER: 16
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 256 - DWR STATE GRANT
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42467 02/14/24 13655 PROVOST & PRITCHARD 2560 5710 WELL #9 GRANT 0.00 2,972.80 TOTAL CASH ACCOUNT 0.00 2,972.80
TOTAL FUND 0.00 2,972.80
20 Section 8, Item A.
SUPERION PAGE NUMBER: 17
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 258 - BIKE PED TRAILS SUST TRAN
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42518 02/21/24 14787 TOOLE DESIGN GROUP 2580 5520 FOWLER BIDE/PED TRA 0.00 9,790.45 1001 42548 02/28/24 14787 TOOLE DESIGN GROUP 2580 5520 FOWLER BIKE/PED TRA 0.00 2,737.90 TOTAL CASH ACCOUNT 0.00 12,528.35
TOTAL FUND 0.00 12,528.35
21 Section 8, Item A.
SUPERION PAGE NUMBER: 18
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 259 - MANNING RR CROSSING
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42505 02/21/24 12060 PETERS ENGINEERING 2590 5710 ENG MANNING RR CROS 0.00 1,000.00 1001 42505 02/21/24 12060 PETERS ENGINEERING 2590 5710 ENG MANNNING RR CRO 0.00 113,606.80 TOTAL CHECK 0.00 114,606.80
TOTAL CASH ACCOUNT 0.00 114,606.80
TOTAL FUND 0.00 114,606.80
22 Section 8, Item A.
SUPERION PAGE NUMBER: 19
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42460 02/14/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING 0.00 280.00 1001 42461 02/14/24 14980 FERNANDEZ, ALISHA M 500 2050 UB REFUND 0.00 100.00 1001 42464 02/14/24 14919 LIBERTY CHEMICAL EQ 5000 5715 HYDRANT FLOW TESTER 0.00 4,931.86 1001 42470 02/14/24 14978 SINGH, SATNAM & KAU 500 2050 UB REFUND 0.00 100.00 1001 42472 02/14/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WATER 0.00 98.21 1001 42482 02/21/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING 0.00 37.00 1001 42482 02/21/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING 0.00 199.00 TOTAL CHECK 0.00 236.00
1001 42495 02/21/24 11018 HOME DEPOT CREDIT S 5000 5205 WELDING SUPPLY WATE 0.00 1,069.22 1001 42496 02/21/24 14238 INFOSEND, INC 5000 5621 MONTHLY MAINT NOV23 0.00 566.11 1001 42496 02/21/24 14238 INFOSEND, INC 5000 5621 MONTHLY MAINT OCT23 0.00 632.89 1001 42496 02/21/24 14238 INFOSEND, INC 5000 5621 UB BILLING 12/1/23 0.00 1,584.35 TOTAL CHECK 0.00 2,783.35
1001 42500 02/21/24 14982 MITCHELL, JENNIFER 500 2050 UB REFUND 0.00 64.46 1001 42503 02/21/24 10237 P G & E - SACRAMENT 5000 5170 TEMP/GOLDN 2/6/24 0.00 550.79 1001 42503 02/21/24 10237 P G & E - SACRAMENT 5000 5170 95 E ADAMS 2/6/24 0.00 34.31 1001 42503 02/21/24 10237 P G & E - SACRAMENT 5000 5170 ADAMS/5TH 2/6/24 0.00 53.06 1001 42503 02/21/24 10237 P G & E - SACRAMENT 5000 5170 SESWNW231521 2/6/24 0.00 6,688.71 TOTAL CHECK 0.00 7,326.87
1001 42504 02/21/24 14983 PEREZ, JASMIN & RIC 500 2050 UB REFUND 0.00 78.99 1001 42508 02/21/24 14981 SHERMAN, BRENDA 500 2050 UB REFUND 0.00 90.30 1001 42511 02/21/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS WATER 0.00 89.41 1001 42519 02/28/24 11689 A & C TIRE SERVICE 5000 5205 2004 F350 TIRES-PW 0.00 719.93 1001 42523 02/28/24 14986 BARRERA, MAGDALENA 500 2050 UB REFUND 0.00 50.17 1001 42524 02/28/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING-PW 0.00 280.00 1001 42528 02/28/24 14990 ESTRADA, GILBERT 500 2050 UB REFUND 0.00 93.54 1001 42529 02/28/24 14238 INFOSEND, INC 5000 5621 MONTHLY MAINT JAN24 0.00 566.26 1001 42531 02/28/24 10237 P G & E - SACRAMENT 5000 5170 LANDSCAPE 2/22/24 0.00 100.65 1001 42531 02/28/24 10237 P G & E - SACRAMENT 5000 5170 679 KANDARIAN 2/22/ 0.00 88.75 TOTAL CHECK 0.00 189.40
1001 42541 02/28/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 110.87 TOTAL CASH ACCOUNT 0.00 19,258.84
23 Section 8, Item A.
SUPERION PAGE NUMBER: 20
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 500 - WATER
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT TOTAL FUND 0.00 19,258.84
24 Section 8, Item A.
SUPERION PAGE NUMBER: 21
DATE: 02/29/2024 CITY OF FOWLER ACCTPA21
TIME: 11:51:23 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '42459' and '42548' ACCOUNTING PERIOD: 8/24
FUND - 503 - TCP FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 42477 02/14/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 PM 0.00 17.00 TOTAL CASH ACCOUNT 0.00 17.00
TOTAL FUND 0.00 17.00
TOTAL REPORT 0.00 816,108.92
25 Section 8, Item A.
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 20, 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 6:01 p.m.
2. ROLL CALL
PRESENT
Daniel Parra
Juan Mejia
Amarjeet Gill
Leonard Hammer
ABSENT
Karnig Kazarian
City Staff Present: Assistant City Manager Gaffery, Deputy City Attorney Lear, Fresno County Fire Protection District Battalion Chief Dominguez (via teleconference), City Engineer Park, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, Police Chief Reid, Public Works Director Rocha, and City Clerk Vasquez.
3. APPROVAL OF AGENDA
Staff reported two changes to the agenda.
1. Item 7A, section 14: The word "reconveyed" should be "reconvened".
2. Item 9A, the staff report date should be "February 20, 2024".
Motion made by Mejia, Seconded by Gill.
Voting Yea: Parra, Hammer
6. PUBLIC COMMENT
Two members of the public spoke.
7. CONSENT CALENDAR
Motion made by Mejia, Seconded by Hammer.
Voting Yea: Parra, Gill
26 Section 8, Item B.
9. GENERAL ADMINISTRATION
Finance
9A. APPROVE Resolution No. 2709 replacing the City’s Purchasing Policy One member of the public spoke.
Motion made by Gill, Seconded by Mejia.
Voting Yea: Parra, Hammer
9B. 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 Article 11, of Chapter 4, of Title 6 of the Fowler Municipal Code relating to the application of security deposits for water service.
Motion made by Hammer, Seconded by Gill.
Voting Yea: Parra, Mejia
Public Works
9C. APPROVE Resolution No. 2710 to Initiate proceedings to annex Tract No. 6381 into the City’s Landscape and Storm Drainage Facilities Maintenance District No. 1; and order the preparation of an Engineer’s Report regarding said annexation.
Motion made by Mejia, Seconded by Gill.
Voting Yea: Parra, Hammer
10. STAFF COMMUNICATIONS
Updates were given by Recreation Supervisor Hernandez and City Clerk Vasquez.
11. COUNCILMEMBER REPORTS AND COMMENTS
Updates were given by Councilmember Hammer and Mayor Parra.
12. ADJOURN
Having no further business, the meeting adjourned at 6:27 p.m. 27 Section 8, Item B.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: March 5, 2024
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
SUBJECT: ADOPT 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 Article 11, of Chapter 4, of Title 6 of the Fowler Municipal Code relating to the application of security deposits for water service.
EXECUTIVE SUMMARY
This proposed ordinance makes clarifying changes to the Fowler Municipal Code, ensures consistency with state law, and defines the process to refund a water service deposit.
BACKGROUND
This item was introduced at the February 20, 2024 City Council meeting and approved unanimously by the members present. As a result, it is being placed on the consent calendar.
In addition to simplifications and clarifications, this proposed ordinance defines the process for a water user to request a refund of their guarantee deposit after one year of non-delinquent service, allows tenants to be eligible for a refund, and defines the process to convert a guarantee deposit to a credit balance on the water user’s account.
PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on January 26, 2024 for hearing at the February 6, 2024 City Council meeting. During the February 6, 2024 City Council meeting, the item was continued to the February 20, 2024 City Council meeting.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act. 28 Section 8, Item C.
GENERAL PLAN CONSISTENCY
This action is not associated with a specific General Plan goal, policy, or action item.
FISCAL IMPACT AND PROCUREMENT PROCESS
This action will help to reduce the dollar amount of accounts payable liabilities on the City’s balance sheet.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Ordinance 2024-01
29 Section 8, Item C.
ORDINANCE 2024-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER 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 ARTICLE 11, OF CHAPTER 4, OF TITLE 6 OF
THE FOWLER MUNICIPAL CODE RELATING TO THE APPLICATION OF
SECURITY DEPOSITS FOR WATER SERVICE
WHEREAS, the Fowler Municipal Code requires that applicants for water service provide a cash deposit prior to receiving service;
WHEREAS, the California Public Utilities Code limits the amount the City may require for a cash deposit;
WHEREAS, the City’s Municipal Code currently provides that after twelve (12) months of service without becoming delinquent, the water service customer can have their deposit refunded;
WHEREAS, the City’s Municipal Code does not currently provide explicit authority to apply a water service customer’s deposit to a delinquent account balance; and WHEREAS, the City Council now desires to update the Municipal Code to clarify the process for refunding a water service deposit and for applying a water service deposit against a delinquent account balance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS:
SECTION 1: Sections 6-4.701, 6-4.702, 6-4.703, and 6-4.709 of Article 7, of Chapter 4, of Title 6 of the Fowler Municipal Code are hereby amended to read as follows:
6-4.701 – Deposits: Required.
Each applicant for water services shall establish and maintain credit to the satisfaction of the Water Department guaranteeing payment of water services by providing a cash guarantee deposit as provided in Section 6-4.702 of this article before prior to water services will be being rendered.
6-4.702 – Deposits: Amount.
30 Section 8, Item C.
(a) The amount of cash deposit required by this article shall be set forth by Council resolution, but such deposit shall not exceed three-times the estimated average monthly bill of a Water user.
(b) No interest shall be paid on any such guarantee deposit, and it shall such deposit may be refunded to the Water user as provided elsewhere in this article Section 6-4.703 of this article.
6-4.703 – Deposits: Return.
(a) A guarantee deposit with the Water Department made by a consumer Water user who owns the property receiving services, or who is a legal tenant of the property receiving services, and whose account has not been in arrears delinquent at any time during the first year of within the past twelve (12) months, the Water user may submit a written request to the Water Department no less than 30 days prior to that Water user’s next utility bill becoming due, that such deposit shall be returnable refunded after the expiration of said year twelve (12) month period. Provided no charges for service are then due, a City warrant in the amount of the deposit will be prepared in the ordinary course of business and forwarded to the Water user. However, the Water user will not qualify for such a refund if any portion of the deposit has been credited to a subsequent utility bill of the Water user, or if the amount of the requested refund is less than $50.00, unless service is properly terminated, and a credit remains in the Water user’s account. (b) If the service is discontinued in less than one year twelve (12) months, the deposit will be returned to the Water user provided all outstanding bills against the consumer Water user for water services have been paid. The security deposit will be applied towards 31 Section 8, Item C.
any remaining balance on the Water user’s account, and the remainder, if any, shall be refunded to the Water user.
(c) Any deposit uncalled for within five (5) years after the date the deposit was made will become the property of, and be retained by, the Water Department. Deposits of renters will be retained until water services are discontinued. Unless a request for refund is timely made pursuant to subdivision (a) of this Section, once a Water user has established a history of twelve (12) consecutive months of timely service payments, the security deposit can be applied to the current account balance as a credit against the account until expended.
6-4.709 – Delinquencies.
(a) Penalties. Any charges set forth in this chapter which are not paid on or before the day of delinquency shall be subject to a penalty of fifteen (15) percent. (b) Suits for Collection. All unpaid rates, charges, and penalties provided for in this chapter may be collected by suit.
(c) Suits for Collection—Costs. The defendant shall pay all costs of suit in any judgment rendered in favor of the City.
(d) Written Policy. Delinquencies shall be subject to any written policy approved by the City Council, which policy shall be posted on the City's internet website. If there is any conflict between this section and the written policy, the written policy shall control.
SECTION 2: Section 6-4.1109 of Article 11, of Chapter 4, of Title 6 of the Fowler Municipal Code is hereby amended to read as follows:
32 Section 8, Item C.
6-4.1109 – Disconnections.
(a) Water services to a premises may be disconnected or refused connection where crossconnections exist, unsafe appliances or apparatus are used, there is noncompliance with regulations and laws relating to water distribution systems, or to protect the city against fraud or abuse.
(b) Upon vacating premises users shall notify the City Water Department two (2) days prior to vacating to disconnect service. Failure to notify will result in the user being liable for charges whether or not water is used.
(c) Nonresidential users may have service disconnected for nonpayment of charges on or after the twentieth (20th) day of the month of billing.
(d) Residential users may have service disconnected for delinquent nonpayment of charges in accordance with the City’s duly adopted Residential Water Service Discontinuation Policy, which such policy shall be posted on the City's internet Website, or as otherwise provided upon due notice and under pursuant to the provisions of the California Public Utilities Code Sections 10010 and 10010.1. of the Public Utilities Code of the State, or otherwise in accordance with any written policy approved by the City Council, which policy shall be posted on the City's internet Website. If there is any conflict, the City’s duly adopted written policy shall control.
(e) No disconnections of water service shall occur during the a time period when the business office of the Water Department is closed.
(f) A reconnection fee, as established by Council resolution, shall be paid before water services are reconnected.
33 Section 8, Item C.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
The foregoing ordinance was introduced at a regular meeting of the City Council held on the February 20, 2024, and was adopted at a regular meeting of said Council held on March 5, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
34 Section 8, Item C.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: March 5, 2024
FROM: THOMAS W. GAFFERY IV, Assistant City Manager
MICHAEL REID, Chief of Police
ERIC M. ROCHA, Public Works Director
SOO HO PARK, PE, TE, City Engineer
SUBJECT: RECEIVE AND FILE an Update on Capital Projects
EXECUTIVE SUMMARY
There are numerous capital projects underway that will enhance the quality life of Fowler’s residents, implement the General Plan, and attract and retain businesses.
BACKGROUND
David T. Cardenas Police Headquarters and Senior Center Dewberry Architects has finalized construction documents and submitted 100% construction documents to the City of Fowler for building plan check. Dimensional floor plans have been provided to CORE Interiors to develop a furniture design concept and preliminary furniture cost estimate using piggyback contract pricing. Geotechnical reports have been completed. A construction management and project management Request for Proposals (RFP) is being developed and will be released in spring 2024. A construction RFP is also being developed and will be released in spring 2024. Construction is anticipated to begin in late summer 2024.
Fire Station Phase II Improvements
TAM Architects has finalized construction documents for the addition of a second floor, elevator, sleeping quarters, full restroom facilities, and other design deficiencies and code compliance items for the Fire Station. City plan check has been completed and the architect is addressing comments. A construction RFP will be released in spring 2024. Construction is anticipated to begin in summer 2024.
Water System Improvements
A new Well No. 9 on the west side of State Route 99 (SR99), located at the former storm drain basin at the northeast corner of South and Stanford Avenues is at approximately 60% design. A test well will be drilled to confirm the flow rate and water quality before committing the full construction of the well site facilities at this location. The new well will increase the overall capacity of the City’s water system and provide redundancy on the west side of SR99 to alleviate pressure fluctuations when a west side well site is down for maintenance or outages.
The project is expected to be advertised for construction in fall 2024 with a test well being 35 Section 8, Item D.
developed as the first order of construction. The well construction, which is constrained by the long lead time for equipment procurement, is expected to be completed by the end 2025.
The TCP Treatment Facility for Well No. 7 is nearing 100% design. The facility will be constructed on a portion of the parcel at the southwest corner of Adams and Temperance Avenues. The City is still awaiting recordation of the property from the current owner. This project will install Granular Activated Carbon tanks to filter the TCP contaminates from Well No. 7 and chlorinate the water before being pumped into the distribution system. This addresses the TCP Maximum Contaminant Level Violation issued by the State Water Board and brings the City’s water system into compliance. A construction RFP will be released in spring 2024.
Construction is anticipated to begin in summer 2024. Constrained by long lead time material procurement, the construction is expected to be completed in summer 2025.
An additional west side to east side waterline interconnection is currently undergoing the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) review for environmental clearances. The project will construct a new larger diameter interconnection between the west and east side of the water system to reduce the pressure bottleneck that occurs at the existing water interconnections.
Donny Wright Park Shade Structure
A new shade canopy structure will be designed and constructed over the existing playground at Donny Wright Park. Construction will occur during fall 2024.
New Harris Avenue Park
A new neighborhood park north of Harris Avenue & Harris Court intersection is starting design and will provide a concrete shared use circulatory path, landscaping and irrigation with turf, perimeter fencing, site lighting, and a reserved area for a future play structure. Construction will begin in fall 2024.
New Neighborhood Park
A 1.25-acre neighborhood park will be constructed by the developer of Tract 6381 (Marshall Estates II). It will include a large open turf area, shared use walking paths, a play structure with shade canopies, picnic tables with a shade structure, benches, and a drinking fountain. The park is expected to be complete in spring 2025.
Water Tower Remediation and Rehabilitation
The proposed City of Fowler Water Tower project encompasses several key components:
reinforcing the structure with concrete blocks, applying an encapsulation coating for protection of the support structure, rehabilitation or replacement of the tank, and painting the tank. The reinforcement and encapsulation phases are scheduled to commence in summer 2024.
Community outreach is planned this calendar year to collect feedback on the painting and design of the tank. This project will enhance resident engagement, sense of place, and preserve an important community identifier in City of Fowler.
Bicycle & Pedestrian Safety Enhancements
Rectangular Rapid Flashing Beacons (RRFB) are pedestrian-activated LED lights to alert drivers of a pedestrian crossing. These RRFBs are planned at the intersection of South & Bousian Avenues and the intersection of Temperance & Walter Avenues. A construction RFP will be released in March 2024. Construction is anticipated to be complete in summer 2024.
36 Section 8, Item D.
The Bikeway to Transit project will provide bicycle safety improvements on various streets (primarily along the Main Street alignment on both west and east side of Golden State Boulevard) to provide painted bike lanes or “share the road” markings and provide traffic calming effects on the roadway. Many cross streets along Main Street will receive similar treatments. Additionally, the project will install new bike racks and bike repair stations along the project limits. The project is nearly at 100% design and a construction RFP will be released in spring 2024.
The Safe Streets for All (SS4A) planning grant will fund various safety improvements surrounding Fowler’s roadways. It includes a Safe Routes to School Plan, Citywide ADA Transition Plan, and Vision Zero Plan (roadway safety plan with a goal of eliminating traffic related fatalities). Once these planning documents are completed, the City can apply for implementation grant opportunities to fund the recommended projects and improvements. The agreements with the funding agencies are currently being coordinated. This planning effort is then expected to begin in summer 2024.
The Fremont Elementary/Marshall Elementary/Fowler High School Safe Routes to School Project will see pedestrian safety and roadway improvements on Adams Avenue between 7th Street and Temperance Avenue. The project grant has been awarded and design is expected to occur beginning summer 2024.
Downtown Streetscape
The City has received partial funding for the Merced Street streetscape project “flush” street reconstruction and is proceeding with Toole Design, the City’s consultant who developed the streetscape conceptual plan, to develop a final streetscape plan and design scope of work.
Various funding applications remain pending to seek full funding for the project to traverse Merced Street from 7th Street to 3rd Street. A design contract will be brought for City Council consideration in spring 2024.
New Merced Street banner poles at 7th Street are designed and construction bidding will begin in March 2024. Expected completion, pending material availability, is summer 2024.
Various pieces of interpretive signage will be installed during summer 2024, including the Donny Wright Park flagpoles, Old Grange Hall, Sesquicentennial Time Capsule, and others.
Various Federally Funded Roadway Projects
Manning Avenue Overlay – Asphalt pavement grind and overlay project along Manning Avenue from east side of SR99 to eastern City Limits. The project construction contract was previously awarded by City Council and construction will begin in April 2024.
Golden State Boulevard shared use path – An asphalt shared use path will be constructed on the west side of Golden State Boulevard from Merced Street to Manning Avenue. Construction will begin in summer 2024.
Adams Avenue Rehabilitation – Reconstruction of Adams Avenue from the east side of SR99 to Stearns Avenue. Construction will begin in fall 2024.
Sumner Avenue Pedestrian and Bicycle Improvements – Construction of curb, gutter, sidewalk on the north side of Sumner Avenue between Sunnyside and Merced Street. The 37 Section 8, Item D.
project will also install bike lanes from Sunnyside to Merced Street. Construction will begin in fall 2024.
7th and Merced Right Turn – This will add a dedicated right turn lane for the eastbound approach of Merced Street and 7th Street intersection. Construction will begin in fall 2024.
PUBLIC NOTICE
This item does not require a public hearing and was noticed with the City Council Agenda.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an agency must complete environmental review prior to committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)).
At this time, the City Council is not taking any action that would constitute approval of a Project.
The City Council retains full discretion either to approve or disapprove the project. The appropriation of funds for further study is therefore exempt from environmental review pursuant to CEQA Guidelines, Section 15262 (feasibility and planning studies for possible future actions that have not been approved, adopted, or funded), as well as the general rule that CEQA only applies to “projects” that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines, Section 15061(b)(3)).
GENERAL PLAN CONSISTENCY
These projects implement multiple General Plan Goals, Policies, and Action Items.
FISCAL IMPACT AND PROCUREMENT PROCESS
There is no fiscal impact associated with receiving this information. This item does not include any procurement action. Any procurement actions referenced in this staff report will follow the City’s procurement policy.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- None
38 Section 8, Item D.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: March 5, 2024
FROM: REBECCA N. MOLINA, Records Technician
SUBJECT: APPROVE Resolution No. 2708 adopting the Youth Recreation Funding Policy.
EXECUTIVE SUMMARY
This action replaces the 2010 Youth Recreation Funding Program Guidelines with a Youth Recreation Funding Policy. The new policy is streamlined and simplified to improve transparency and facilitate more organizations to apply.
BACKGROUND
The City Council recognizes the importance of youth recreation programming. Over the past 14 years, the City has funded many programs that benefit the community. As Staff continue their review of various City policies, a number of changes are recommended to this Policy. These include: formatting, simplifying, and clarifying content, more clearly defining requirements of applications and duties of Staff, requiring the execution of a grant agreement, clarifying requirements of grant awardees, and clarifying post-award reporting requirements.
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 OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.
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. 2708 and Youth Recreation Funding Policy 39 Section 8, Item E.
RESOLUTION NO. 2708
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
APPROVING AN UPDATED YOUTH RECREATION FUNDING POLICY
WHEREAS, the City of Fowler adopted Youth Recreation Funding Program Guidelines at its May 4, 2010, City Council meeting; and
WHEREAS, the City Council desires to replace the current Youth Recreation Funding Program Guidelines with an updated Youth Recreation Funding Policy as attached hereto as Exhibit A; and
WHEREAS, the City Council recognizes and supports youth programs and activities delivered by community organizations which enrich the community; and WHEREAS, research has shown that providing youth with the opportunity to participate in youth recreation programs is the foundation of most efforts to prevent youth crime and violence; and
WHEREAS, the Youth Recreation Funding Policy is essential for transparency and accountability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that:
1) The Youth Recreation Funding Program Guidelines adopted on May 4, 2010, are repealed in their entirety.
2) The attached Youth Recreation Funding Policy is hereby adopted and effective immediately.
PASSED, APPROVED AND ADOPTED this 5th day of March 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
40 Section 8, Item E.
City of Fowler
Youth Recreation Funding Policy
Approved by Resolution No. 2708
March 5, 2024
1. Purpose
It has been the practice of the City Council to consider and contribute to the funding of local youth recreational programs conducted by non-profit organizations. The purpose of this Policy is to formalize the process for considering requests by and awarding funds to non-profit organizations whose programs provide youth recreational activities for Fowler residents. Funding provided pursuant to this Policy is not intended for use as the sole or primary support of any organization.
2. Designation and Responsibility
a. The City Manager or their designee shall be responsible for reviewing all funding requests and proposals and submitting recommendations for funding to the City Council.
b. The City Manager or their designee may promulgate procedures to implement this Policy, including the development of a grant agreement.
3. Eligibility
Applicants must meet the following criteria:
a. Be formally incorporated as a non-profit entity and be tax exempt (under section 501(c)(3) of the IRS Code and section 2370(d) of the California Revenue and Taxation Code).
b. Provide youth recreation activities to the benefit of the residents of Fowler. c. Provide a service that is not a duplication of an existing public sector program, OR if the service is duplicated, the applicant must show why it is not an unnecessary duplication of service.
d. Provide a program budget, which includes:
i. All salaries and stipends.
ii. Identification of how City funds will be used.
iii. Evidence that at least 95% of City funds will be used for direct services and not overhead or administrative costs.
iv. Certify that accounting records are maintained in accordance with generally accepted accounting practices.
e. Have bylaws that define the organization's purposes and functions, its organization, and the duties, authority and responsibilities of its governing body and officers. f. Provide for adequate administration of the program to ensure delivery of the services. Applicant shall identify one primary authorized contact person with whom the City may communicate all matters pertaining to the application for funding and funding award.
41 Section 8, Item E.
g. Certify the organization does not unlawfully discriminate in employment or in clients served because of race, religion, national origin, sex, sexual orientation, disability, or any other class protected by the United States or California Constitution, or Federal or State law.
4. Evaluation
The City Manager shall consider and evaluate the following criteria:
a. The number of Fowler residents who will benefit.
b. Whether or not the funding will address an unmet need. c. The degree to which the goodwill of the City will be promoted. d. Potential risk and liability to the City.
e. The amount of the request.
f. The organization’s fundraising and other revenue sources. g. The percentage of the organization's operating budget from requested City funds.
5. Funding
a. Funds will not be allocated to:
i. Political action committees, political candidates, or political campaigns. ii. Any organization for purposes of conducting a religious activity. iii. Rental of City facilities.
iv. For public school district programs and/or projects. b. Funding requested from membership-based organizations will not be considered if the funds requested are to be used to directly benefit its members and not the community at large.
c. Funding of a program will not constitute a precedent and shall not create an entitlement for future City funding in subsequent years. d. Final funding decisions will be at the discretion of the City Council and may vary depending on budgetary considerations.
e. The maximum funding per organization per fiscal year shall not exceed $2,000, unless a greater amount is approved by the City Council. f. No organization may apply for funding if it failed to submit the Post-Award Reporting from any prior year (see section 7 below).
g. Unexpended funds must be returned to the City at the end of the one-year funding period for annual programs and at the end of the seasonal program for seasonal programs, or whenever the City determines that the applicant has not performed in accordance with the approved program proposal.
6. Pre-Award Requirements
If funding is approved by the City Council, the non-profit organization shall enter into a grant agreement with the City that provides for the following:
a. Indemnification of the City, and evidence of insurance naming the City as additional insured, consistent with the City’s current risk management requirements.
42 Section 8, Item E.
b. Applicant shall be accountable for revenues and expenditures through standard bookkeeping procedures. An annual review at the applicant's expenses may be required, with the results available to the City of Fowler upon request. c. Provide the City access to accounting records related to the use of City funds and maintain those records for three (3) years.
d. Execution of a grant agreement.
7. Post-Award Reporting
a. A written Post-Award report shall be provided and shall include:
i. A complete financial statement detailing all expenditures of City funds for the program.
ii. A narrative report on the program, its benefit to the community, and the number of community members served.
b. Post-Award Report Timeframe
i. Seasonal programs shall submit a Post-Award Report within thirty (30) days of the end of the season/program for which City funds were awarded. ii. Annual programs shall submit an Interim Report six (6) months from the date of the grant agreement and a Post-Award Report within thirty (30) days of the end of the grant agreement term thirteen (13) months from the date of the grant agreement.
43 Section 8, Item E.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: March 5, 2024
FROM: ANGELA VASQUEZ, City Clerk / Human Resources Officer SUBJECT: APPROVE Resolution No. 2711 approving the updated Employee Benefits Handbook.
EXECUTIVE SUMMARY
This action adopts a new Employee Benefits Handbook, replacing the prior policies which were adopted through Resolution No. 2692
BACKGROUND
The City Council approved the City’s Employee Benefits Handbook on December 19, 2023.
Section 19, of the Employee Benefits Handbook needs to be modified based upon unforeseen circumstances with the payroll software transition. The City has also corrected typographical errors in the Employee Handbook.
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 AND PROCUREMENT PROCESS
The cash out provision will reduce the City’s long-term liability. This action is not associated with the procurement process.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2711
- Employee Benefits Handbook
44 Section 8, Item F.
RESOLUTION NO. 2711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
APPROVING UPDATED EMPLOYEE BENEFITS HANDBOOK
WHEREAS, the City Council, on December 19, 2023, by approval of Resolution No. 2692, approved the City of Fowler Employee Benefits Handbook which provides certain benefits and conditions of employment for City employees; and
WHEREAS, the City Council desires to make changes to the benefits and conditions of employment and there is a need to update the Employee Benefits Handbook as proposed in the Employee Benefits Handbook attached to this Resolution; and
WHEREAS, all employees have been notified of the proposed changes to the benefits and conditions set forth in updated Employee Benefits Handbook attached to this Resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City of Fowler Employee Benefits Handbook, attached hereto as Exhibit A, is hereby approved and incorporated herein as part of this Resolution and shall supersede the prior Employee Benefits Handbook approved with Resolution No. 2692 and be effective beginning on March 6, 2024.
PASSED, APPROVED AND ADPOTED on March 5, 2024, at a regular meeting of the City Council of the City of Fowler by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Daniel T. Parra, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
45 Section 8, Item F.
CITY OF FOWLER
EMPLOYEE BENEFITS HANDBOOK
46 Section 8, Item F.
Table of Contents
INTRODUCTION.............................................................................................................................................3 SECTION 1. EMPLOYMENT STATUS...............................................................................................................3 SECTION 2. LEAVE OF ABSENCE WITHOUT PAY............................................................................................5 SECTION 3. SICK LEAVE. ................................................................................................................................6 SECTION 4. BEREAVEMENT LEAVE................................................................................................................8 SECTION 5. MILITARY LEAVE. ........................................................................................................................9 SECTION 6. JURY SERVICE. ..........................................................................................................................10 SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT..............11 SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY. ..........13 SECTION 9. VACATION. ...............................................................................................................................14 SECTION 10. HOLIDAYS ...............................................................................................................................15 SECTION 11. OVERTIME. .............................................................................................................................17 SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES......................................................18 SECTION 13. SALARY STEPS AND EVALUATIONS.........................................................................................19 SECTION 14. HEALTH BENEFITS...................................................................................................................20 SECTION 15. AUTOMOBILE ALLOWANCE....................................................................................................21 SECTION 16. RETIREMENT AND RETIREES. .................................................................................................22 SECTION 17. UNIFORMS & EQUIPMENT………………………………………………………………………………………………..23 SECTION 18. WATER DIVISION ON-CALL STIPEND ……………………….………………………………………………………..24 SECTION 19. ONE-TIME CASH-OUT………………………………………………………………………………………………………..25 47 Section 8, Item F.
INTRODUCTION
The City of Fowler Employee Benefits Handbook (“Handbook”) has been approved by Resolution of the Fowler City Council at a duly authorized City Council meeting and may be amended by Resolution of the City Council. References herein to “Resolution” are deemed to mean all Resolutions of the City Council approving this Handbook and any amendments thereto.
SECTION 1. EMPLOYMENT STATUS.
(a) At-Will Positions. All positions within the City of Fowler are designated as “atwill” positions, unless there is a written agreement approved by the City Council to the contrary. At will means that either the City or the employee can terminate the employment at any time. (b) Personnel Officer. The City Manager or their designee, shall act as the Personnel Officer for the City of Fowler. The Personnel Officer shall be responsible for ascertaining and establishing the duties, responsibilities, and working job titles of all positions in the City. (c) Authority. The Personnel Officer shall establish practices, policies and procedures as may be necessary to effectuate the provisions of this Handbook, the duties of the positions, and the law. The Personnel Officer shall maintain an official personnel file for all City employees.
(d) Full-Time Positions. Full-Time is defined as forty (40) hours of actual attendance during a week, or eighty (80) hours of actual attendance on duty during a two-week period, less time off on authorized leaves of absence as provided for in this Handbook. A week shall be defined as the period from 12:00 a.m. Sunday to 11:59 p.m. Saturday. (e) Part-Time Positions. The City Manager is further authorized to create part-time, temporary, or contract positions within the City as may be necessary. No employee in these positions shall work more than one thousand (1,000) hours in a calendar year, or thirty-nine (39) hours per work week. These positions shall not be included in the Position Authorization Resolution, unless such position is provided with medical benefits.
(f) Definitions.
(1) Hire Date. First day of full or part-time employment with the City. (2) Appointment Date. Date employee is appointed to a position. This may be the same date as Hire Date.
(g) Hours of Work. The regular minimum workday for full-time employees shall be eight (8) hours, 8:00 a.m. to 5:00 p.m., with a one (1) hour meal period. The Personnel Officer shall have the authority to approve any deviations from these hours of work based on operational need. (h) Outside Employment. No employee shall engage in any outside employment which would lessen or interfere with their ability to perform City duties competently and with their best effort. No employee shall engage in any outside employment which may involve a conflict of commitment, conflict of interest, or perception of a conflict of interest. The Personnel Officer is responsible for promulgating policies and procedures to implement this directive. 48 Section 8, Item F.
(i) Resignation. An employee wishing to resign from City service must do so in writing to the Personnel Officer and state an effective date of the resignation. Resignations shall be considered final once accepted by the Personnel Officer and may only be rescinded by no later than the effective date of the resignation and only with the written approval of the Personnel Officer. Employee Health Benefits shall be provided through the calendar month of the employee’s last day of employment. 49 Section 8, Item F.
SECTION 2. LEAVE OF ABSENCE WITHOUT PAY.
(a) Granting. The Personnel Officer may grant a leave of absence from duty without pay to an employee for a period not exceeding one year. (b) Benefits. During such leave without pay, no benefits outlined in this Handbook or any Resolution will be provided, except for those required by law. Furthermore, except for situations that qualify for protected leave status (FMLA, CFRA, PDL, active Workers’ Compensation claims, etc.), employees must exhaust all available accumulated leave balances before they can request leave without pay.
50 Section 8, Item F.
SECTION 3. SICK LEAVE.
(a) Full-Time Employees. Full-time employees shall accumulate sick leave at the rate of eight (8) hours for each completed calendar month of employment. (b) Part-Time Employees. On January 1, 2024, part-time employees shall receive a one-time allocation of sick leave in the amount of sixteen (16) hours.
Part-time employees shall accumulate forty (40) hours of sick leave annually on July 1. (c) Accumulation of Sick Leave.
(1) There shall be no maximum accumulation of sick leave hours for both full-time and part-time employees.
(2) Accumulated or accrued sick leave balance shall not be vested and upon employee separation from City service employees shall not receive any compensation for any unused sick leave hours.
(d) An Employee May Take Sick Leave for the Following:
(1) Illnesses, injury, or disability related to pregnancy. (2) Exposure to contagious disease.
(3) Medical, dental, vision, other physical or medical examinations or treatments by a licensed practitioner when approved in advance by the department head or designee, based on operational need.
(e) Family Care. Family care, meaning illness or injury of an immediate family as defined in Section 4(c).
(1) Employees may use up to one-half (1/2) of an employee’s annual accrued sick leave hours for family care, consistent with California Labor Code Section 233. (2) The Personnel Officer may authorize the use of accrued sick leave for family care beyond the maximum set forth above. Such requests must be accompanied by a physician's statement or other appropriate verification.
(f) Physician’s Statement. The department head or designee may require the employee to provide a licensed health care provider’s statement or other appropriate verification when absent due to illness/injury.
(g) Sick Leave While on Vacation. Leave on account of sickness while on vacation shall be allowed only if the employee is confined to a hospital and employee provides verification of such. (h) Reporting and Requesting Sick Leave. The Personnel Officer shall develop a policy for reporting and requesting absences. An employee shall be responsible for reporting an absence or requesting an absence consistent with such policy. Extenuating circumstances may prevent an employee from calling in before the start of their shift, but the employee shall make every effort to call in as close to the start of the shift as possible.
51 Section 8, Item F.
(i) Pregnancy Related Disability Leave or Transfer.
(1) Leave of Absence. Any employee who is disabled on account of pregnancy, childbirth, or related conditions may take a pregnancy-related leave for up to four (4) months, in addition to any family care medical leave which the employee may be entitled under the Family Care and Medical Leave Policy.
(2) Temporary Transfer Before Childbirth. Any employee affected by pregnancy is entitled to transfer less strenuous or hazardous duties if the transfer is medically necessary and the transfer can be reasonably accommodated.
(3) Substitutions of Paid Leave for Pregnancy-Related Disability Leave. An employee taking pregnancy-related disability leave must substitute any available sick pay for the employee’s leave and may, at the employee’s option, substitute any accrued vacation time for the employee’s leave. The substitution of paid leave for pregnancy-related disability leave does not extend the total duration of the leave to which an employee is entitled. (4) Leave Effects on Benefits. If an employee taking a pregnancy-related disability leave is also eligible for family medical leave under this policy, then the employee is entitled to the City’s continuation of benefits as described herein up to a maximum of four (4) months in a twelve (12) month period.
(j) Other Disability Leaves.
(1) In addition to medical or pregnancy-related disability leaves, employees may take a temporary disability leave of absence, if necessary, to reasonably accommodate a workplace injury or an ADA-qualified disability. Any disability leave under this section may run concurrently with any medical leave to which the employee is entitled to. (2) Employees taking disability leave must comply with the Family and Medical Leave Act and California Family Rights Act regarding the substitution of paid leaves, notice, and medical certification. Employees will not receive pay during disability leave. (3) If the employee’s disability leave extends beyond twelve (12) weeks in a twelve (12) month period, the employee will not be entitled to any continued employee contributions towards any employee benefit plan. An employee may elect to continue participating in such benefit plans, at the employee’s own expense, to the extent permitted by such plans. 52 Section 8, Item F.
SECTION 4. BEREAVEMENT LEAVE.
(a) Usage. The Personnel Officer may grant up to forty (40) hours of Bereavement Leave for each death of an immediate family member for both full-time and part-time employees.
Employee must be in a paid status at the time of both the request for and use of Bereavement Leave.
Bereavement Leave need not be used all at once. Bereavement Leave must be used within six (6) months of granting.
(b) Verification. The department head or designee may require the employee to provide verification to be eligible for Bereavement Leave. If requested, the employee shall provide verification within thirty (30) days of the first day of the leave. Verification includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. (b) Other Leave. Up to eighty (80) hours of sick leave may be used to supplement Bereavement Leave for each death of an immediate family member, with the approval of the Personnel Officer. Other accumulated leave balances may also be used to supplement Bereavement Leave, with the approval of the Personnel Officer.
(c) Immediate Family is Defined as:
(1) The employee’s spouse or domestic partner.
(2) The employee’s or the employee’s spouse’s or domestic partner’s parent, grandparent, great grandparent, sibling, child, grandchild, aunt, or uncle, whether related by birth or marriage.
(3) A person related by blood or marriage to the employee or employee’s spouse or domestic partner living in the immediate household of the employee who is not a domestic employee or sublessee.
53 Section 8, Item F.
SECTION 5. MILITARY LEAVE.
Military Leave for City employees shall be granted in accordance with State and Federal law. 54 Section 8, Item F.
SECTION 6. JURY SERVICE.
(a) Schedule. Any full-time or part-time employee on any shift or work schedule shall be granted leave with pay for the actual time spent on jury service, not to exceed the number of hours in the employee’s scheduled hours of work. Jury service time shall include travel time and the meal period provided by the Court. If an employee’s jury service plus the time to change into appropriate work attire, and report for City Service is more than seventy-five percent (75%) of the employee’s hours of work, the employee does not need to report for work following the completion of jury service. (b) Full-Time Employees. A full-time employee performing jury service shall receive their regular salary.
(c) Part-Time Employees. A part-time employee performing jury service shall receive their regular hourly rate of pay for only those hours scheduled to work. (d) Notification. Employees shall notify their department head or designee when employee receives initial jury service notification. Employee shall notify their department head or designee when actual jury service is required.
(e) Verification. Employee shall request a receipt from the Court for verification of actual jury service and provide receipt to department head or designee. (f) Compensation. Employee need not request compensation from the Court for jury service, but if provided, shall be remitted to the City. Employee may keep any mileage or meal payments made by the Court.
55 Section 8, Item F.
SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT.
(a) Family Leave Rights. Eligible City employees shall receive the rights and benefits of the California Family Rights Act ("CFRA") and the Family and Medical Leave Act ("FMLA") referred to collectively herein as "Family Leave." as outlined in an Administrative Regulation established by the Personnel Officer.
(b) Eligibility. To be eligible for family medical leave the employee must have worked for:
(1) The City for at least twelve (12) months;
(2) At least 1,250 hours in the twelve (12) calendar months immediately preceding the leave; and
(3) For FMLA purposes, the City must employ fifty (50) employees for an employee. At times, the City has less than fifty (50) employees on the City’s payroll. (4) The CFRA eliminated the 50-employee requirement, and as such, City employees are eligible for CFRA irrespective of the number of employees on payroll. (c) Qualifying Reasons for FMLA/CFRA Leave. An employee may take up to twelve (12) weeks of unpaid job-protected family medical leave within a twelve (12) month period for any of the following reasons:
(1) Birth of a child (including baby bonding with newborn within one year of birth).
(2) Placement of a child with the employee for adoption or foster care and to bond with child within one year of placement.
(3) Serious health condition of employee that prevents employee from working.
(4) To care for an immediate family member with a serious health condition. (5) A qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty or call to covered active-duty status.
For CFRA purposes, leave may be taken to care for an employee’s domestic partner. (d) Amount and Calculation of Leave. FMLA and CFRA Leave shall include up to a total of twelve (12) weeks of unpaid, job protected leave during the twelve (12) month period measured backward from the date the employee uses FMLA/CFRA leave. Women disabled by pregnancy may be eligible to take up to four (4) months of job protected pregnancy disability leave prior to taking FMLA/CFRA leave. Other disability leave will run concurrent with FMLA/CFRA leave.
An employee may take FMLA leave for greater than twelve (12) weeks for certain qualifying reasons under the FMLA. For instance, an eligible employee may take up to twenty-six (26) work weeks of leave to care for a covered service member with a serious injury or illness. 56 Section 8, Item F.
(e) Notice of Leave. If an employee’s leave is foreseeable, the employee must provide the City at least thirty (30) days prior notice. If an employee is not able to provide a thirty (30)day notice, the employee must provide notice as soon as practicable. After receiving an employee’s notice, the City must comply with the requisite notice and procedural requirements for requesting leave, absent unusual circumstances. Failure to provide such notice may be grounds for delay of leave.
An employee’s notice must include sufficient information for the City to determine if the employee qualifies for FMLA/CFRA protected leave and the anticipated timing and duration of the leave.
The City can request for FMLA/CFRA leave to be supported by a medical certification. (f) Exhaustion of Paid Leave and Use of Sick Leave. Employees shall use the following: (1) accumulated vacation and (2) accumulated compensatory time off during a qualifying FMLA/CFRA designated leave. An employee may use accumulated sick leave if the basis of the FMLA/CFRA designated leave could also be considered a basis for using sick leave. An employee’s FMLA/CFRA designated leave will run concurrent with vacation, compensatory time off, and sick leave utilized by the employee.
(g) Maintenance of Benefits. During FMLA/CFRA designated leave, the City will maintain any employee, health, dental, vision, and life insurance coverage for a maximum of twelve (12) weeks.
(h) Reinstatement Rights. Upon return from FMLA/CFRA designated leave, an employee is generally entitled to be returned to the same, equivalent or a comparable position with the equivalent pay, benefits, and other employment terms. There are exceptions to this general rule including but not limited to “key employees” as defined by law and under specified conditions. 57 Section 8, Item F.
SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY.
Labor Code Section 4850 requires that any City police officer (as defined therein) who is temporarily or permanently disabled by injury or illness arising out of and in the course of their duties shall be entitled to leave of absence without loss of salary, in lieu of any temporary disability payments or maintenance allowance payments, for the period of disability but not exceeding one year, or until such earlier date as employee is retired for permanent disability. Any temporary disability payments otherwise payable to any such City police officer by the City's workers' compensation insurer shall be paid to the City. 58 Section 8, Item F.
SECTION 9. VACATION.
(a) Accumulation. Employees in full-time positions shall accumulate vacation leave with pay at the following rates, based on the table below.
Employees in part-time positions shall accumulate vacation leave at a pro-rated amount based on hours worked in each calendar month.
Range Years of Service from Hire Date Accumulation Rate I Less than 5 years 6.67 hours per month
II Over 5 but less than 10 years 10 hours per month
III Over 10 years 13.33 hours per month
IV FLSA Exempt Employees, regardless of hire date 13.33 hours per month (b) When Vacation Leave to be Taken. Employees shall submit vacation requests in accordance with the process prescribed by the Personnel Officer. Vacation approvals shall be based on the City’s operational needs. Employee vacation requests shall be approved by the Department Head, Department Head requests shall be approved by the City Manager, and City Manager vacation requests shall be approved by the Mayor.
(c) Maximum Accumulation. The maximum hours of vacation leave an employee may accumulate or accrue at any one time is 320 hours. No additional vacation leave shall accrue beyond 320 hours until the total accumulated leave balance falls below the maximum. (d) Separation. Upon employee separation, any unused vacation leave shall be paid as a lump sum as part of the employee’s final compensation. 59 Section 8, Item F.
SECTION 10. HOLIDAYS
(a) Holidays Observed. "Holiday" wherever used in this Resolution, shall mean and refer only to the following days of each year:
(1) January 1 (New Year’s Day)
(2) January 15 (Martin Luther King, Jr. Birthday)
(3) Third Monday in February (Presidents Day)
(4) March 31 (Cesar Chavez Day)
(5) Good Friday (Friday before Easter)
(6) Last Monday in May (Memorial Day)
(7) Fourth of July
(8) First Monday in September (Labor Day)
(9) Second Monday in October (Indigenous Peoples’ Day)
(10) November 11 (Veterans Day)
(11) Thanksgiving Day
(12) Friday after Thanksgiving Day
(13) One-half (1/2) day, beginning at 12:00 noon on December 24 (14) December 25 (Christmas)
(15) One-half (1/2) day, beginning at 12:00 noon on December 31 (16) A Personal Holiday which shall be accumulated as eight (8) hours of Personal Holiday leave on July 1 of each year. At no time shall the Personal Holiday balance exceed eight (8) hours. Employees may request use of Personal Holiday consistent with Section 9 of this Resolution.
Personal Holiday hours must be used in a single eight (8) hour increment.
Personal Holiday leave shall not be paid as part of Holiday CTO payout.
Upon employee separation, employees shall not receive any payment for unused Personal Holiday hours.
(17) Any day or part of a day declared by the City Council, by ordinance or resolution, to be a Holiday.
(a) City Offices. City offices and other facilities, except those providing essential public services, such as police and fire protection, shall be closed on said holidays. (b) Holiday Schedule. Each year, the Personnel Officer shall create a Holiday Schedule for the purpose of addressing holidays falling on weekends. 60 Section 8, Item F.
(c) Full-Time Employees. Every full-time employee shall be entitled to leave of absence without loss of pay on every holiday, unless required to work, in which case they shall be compensated for such work with Holiday CTO.
(d) Holiday Compensatory Time Off (CTO).
(1) Earning Holiday CTO. If an employee is required to work on a holiday as part of their regular shift, the employee shall earn the number of Holiday CTO hours equal to the number of hours the employee is normally scheduled to work on the day the holiday is observed. If an employee is required to work on a holiday not as a part of their regular shift, the employee shall be compensated as overtime pursuant to Section 11 of this Resolution. The Personal Holiday shall not be included for purposes of this provision and the eight (8) hours of Personal Holiday leave shall not be included in Holiday CTO hours.
(2) Use and Payment of Holiday CTO. Holiday CTO must be used within 180 days of being earned. After 180 days, the Holiday CTO will automatically be paid out at the employee’s overtime rate. Personal Holiday leave shall not be paid as part of Holiday CTO pay out. (3) FLSA Exempt Employees. FLSA exempt employees required to work on a holiday shall be granted informal holiday time off at the discretion of the City Manager. (e) Holiday Leave for Police Sergeants, Corporals, and Officers. (1) Eligibility. Police Sergeants, Corporals, and Officers shall accrue Holiday Leave in lieu of Holidays or Holiday CTO.
(2) Accumulation. Eligible employees shall accrue ten (10) hours of Holiday Leave per month in lieu of the Holidays in Section 10(a). (3) Cash-Out. Eligible employees may cash-out their accumulated Holiday Leave at any time, in ten (10) hour increments, by submitting a written cash-out request as specified by the Personnel Officer. Cash-out payments shall be paid at the employee’s current base rate of pay. (4) Maximum Accumulation. The maximum accumulation of Holiday Leave is 120 hours. Employees who reach this maximum accumulation will receive an automatic pay down of any hours above this amount at the employee’s overtime rate of pay. (5) Payment at Separation of Employment. At separation of employment, accumulated Holiday Leave not in excess of one hundred twenty (120) hours will be paid at the employee’s current base rate of pay.
61 Section 8, Item F.
SECTION 11. OVERTIME.
(a) Defined. Overtime is defined as authorized time worked in excess of forty (40) hours in a Week.
(b) Authorization. Overtime shall be authorized and assigned by the City Manager, Department Head, or designee.
(c) Compensation. Overtime shall be compensated in cash or in compensatory time off (CTO) as determined by the Department Head. Employees eligible to receive overtime shall be compensated at the rate of one and one-half times their hourly straight time rate. (d) Compensatory Time Off.
(1) Requesting Use. The process for requesting use of earned CTO shall be the same process as requesting use of Vacation within this Resolution. (2) Cash-Out. If an employee has been unable to take their CTO and has a CTO balance in excess of one hundred sixty (160) hours as of December 31 of each year, the employee shall be paid in cash for all hours in excess of one hundred sixty (160). (3) Payment Upon Separation. Upon separation from City service, the employee shall receive a lump sum payment for any earned CTO. (e) Call-Back Time. Call-back work is work performed at a time outside of and not continuous with an employee's regular work schedule. A non-exempt employee called back to work shall receive no less than three (3) hours pay at the overtime rate unless such callback is within three (3) hours of the beginning of the employee's next shift, in which case the employee shall only be paid for the hours remaining before the beginning of the employee's next shift. An employee may be called back to work at the discretion of the City Manager or Department Head due to exigent circumstances or operational need. (f) Court Standby Time. An employee required to be on standby for court appearance as a part of their regular duties must notify their Department Head or designee as soon as the employee receives notice from the court.
(1) During Regular Shift. Employee shall not receive any additional compensation for court time during their regular shift. If the employee is called to court and the court time extends beyond their regular shift, the employee shall be compensated at their overtime rate for the actual time spent beyond their regular shift.
(2) Standby and not Called. When an employee is subpoenaed for a court appearance on their scheduled day off but not called to court, the employee shall receive three (3) hours of overtime compensation.
(3) Standby and Called. When an employee is subpoenaed for a court appearance on their scheduled day and called to court, the employee shall receive a minimum of three (3) hours of overtime, or the actual time of the standby and court appearance, whichever is greater. 62 Section 8, Item F.
SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES. (a) Eligibility. The City Manager, department heads, and other FLSA exempt employees shall be eligible for Administrative Leave.
(b) Granted. Eligible employees shall be granted Administrative Leave as follows.
Employee Hours per Fiscal Year
City Manager 96 hours
Other FLSA Exempt Employees 80 hours
(c) Regulations.
(1) Balances. Administrative Leave balances shall be granted as a lump sum on July 1. At no point in time shall the Administrative Leave balance exceed those set by this Resolution, unless otherwise approved by City Council Resolution or Contract.
(2) Temporary FLSA exempt employees. FLSA exempt employees hired on a temporary basis, shall earn prorated administrative leave monthly in arrears.
(3) New Employees. Employees eligible to receive Administrative Leave shall be granted such leave on a pro-rated allocation based on appointment date provided the employee is not employed elsewhere on the appointment date, otherwise the pro-rated allocation shall be granted based on the hire date.
(4) Payment. Administrative Leave is not eligible for any “buyback” provisions and shall not be paid upon separation from City service. (5) Usage. Employees may request use of Administrative Leave consistent with Section 9 of this Resolution.
63 Section 8, Item F.
SECTION 13. SALARY STEPS AND EVALUATIONS.
(a) Starting Rate.
(1) City Manager. The City Manager’s rate of pay may be set by a City Council approved employment agreement.
(2) Step Placement for New Employees. A new employee of the City shall be placed at Step A for the specified range unless the City Manager determines it is in the best interest of the City to place the employee above Step A. The City Manager shall document any placement above Step A with a written justification memorandum to be placed in the employee’s personnel file. (3) Additional Requirement for Department Heads.
i. A new Department Head may only be placed above Step A with City Council authorization.
ii. Based upon the City Manager’s recommendation, the City Council may enter into an employment agreement with a
Department Head. This agreement may contain provisions
inconsistent with this Resolution.
(b) Evaluations and Advancement.
(1) Annual Evaluations for Full-Time Employees. All full-time employees shall receive an annual written performance evaluation on or around their hire date. (2) Evaluations for Part-Time Employees. Part-time employees who have been appointed for more than twelve (12) months shall receive a written performance evaluation for that time period, and each successive twelve (12) month time period. (3) Salary Step Placement. After completion of an annual performance evaluation, the Department Head shall provide a recommendation to the City Manager if a salary step advancement is recommended. If the annual performance evaluation is conducted after the salary step advancement date, and advancement is recommended, that advancement shall be retroactive to the first pay period commencing after their hire date.
(c) Early Salary Step Advancement. The City Manager shall have the authority to provide employees a one-time early advancement of one salary step as a tool for employee retention or extraordinary skill advancement. The City Manager shall document any early step advancement with a written justification memorandum to be placed in the employee’s Personnel File. (d) Training & Professional Development. The City shall cover employee expenses for training that is required by law, training that is required to maintain certifications, training that is required as a condition of employment, and training that is determined by the Department Head to be necessary for employee professional development. The City Manager shall implement a Travel Expense Reimbursement Policy.
64 Section 8, Item F.
SECTION 14. HEALTH BENEFITS.
(a) Definition. Health Benefits shall mean medical, dental, and vision care provided to the employee by the City.
(b) Premiums. The Council, by Resolution, shall set the monthly employee share of Health Benefits premiums, generally as a part of the annual budget process. (c) Full-Time Employees. All full-time employees are eligible for Health Benefits beginning the first day of their first full calendar month of employment. (d) Part-Time Employees. Part-time employees shall not be eligible for health benefits.
(e) Opt-Out Provision. Employees eligible for Health Benefits may choose to optout of the medical plan at any time, where and how currently allowed by the City’s contracted Health Benefits provider. Once disenrolled, the employee shall receive an additional non-pensionable cash allowance of $300.00 per month.
(f) COBRA. Upon separation from employment eligible employees may continue coverage of their health insurance in accordance and for the length of time permitted by the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). 65 Section 8, Item F.
SECTION 15. AUTOMOBILE ALLOWANCE.
(a) Eligibility. Automobile allowance shall be issued at the discretion of the City Manager based on operational need. Employees who are assigned a City-owned vehicle are not eligible for an automobile allowance.
(b) Rates. Automobile allowances for eligible employees shall not exceed the following:
Employee Monthly Automobile Allowance
City Manager Set per employment contract
Department Heads $500.00
Other Employees $250.00
(c) Procedures. The Personnel Officer is charged with promulgating procedures for driving on City business.
66 Section 8, Item F.
SECTION 16. RETIREMENT AND RETIREES.
(a) Social Security & CalPERS. Eligibility for Social Security and CalPERS, including placement as a Classic or PEPRA member, shall be determined by the appropriate State and/or Federal agencies.
(b) Retiree Health Plan. The City shall offer a Retiree Health Plan, where and how currently allowed by the City’s contracted health benefits provider, and the monthly retiree premium contribution shall be set annually by Council Resolution. (c) Eligibility for Retiree Health Plan Enrollment. Employees are eligible to enroll in the Retiree Health Plan only when all the following conditions are met:
(1) Employee must request enrollment in the Retiree Health Plan in writing to the Personnel Officer prior to separation from City service. (2) Employee must have at least five (5) years of consecutive and continuous CalPERS service credit with the City of Fowler immediately prior to separation from City service which shall not include resignation in lieu of disciplinary action or termination. (3) At the time of separation, employee may not have any pending disciplinary action that could result in employee termination.
67 Section 8, Item F.
SECTION 17. UNIFORMS & EQUIPMENT.
(a) Police Department Personnel Stipend.
(1) Eligible Classification. Officer, Corporal, Sergeant, Lieutenant, Community Service Officer, Crime Analyst, Records and Property Technician I/II, and volunteer. (2) Implementation. The Personnel Officer shall implement procedures for an annual employee shoe uniform stipend or reimbursement program in an amount as authorized in the annual budget.
(b) Fire Department Personnel Stipend. Reserved.
(c) Safety Shoe Stipend.
(1) Eligible Classifications. Building Inspector I/II, Building Official, Code Enforcement Officer I/II, Planning & Code Enforcement Technician I, Maintenance Assistant, Maintenance Worker, Senior Maintenance Worker, Lead Maintenance Worker, Public Works Director, Public Works Supervisor, Water Operator in Training, Water Operator I/II, Lead Water Operator. (2) Implementation. The Personnel Officer shall implement procedures for an annual employee shoe stipend or reimbursement program as authorized in the annual budget. 68 Section 8, Item F.
SECTION 18. WATER DIVISION ON-CALL STIPEND.
(a) Intent. Public Works Water Division Personnel are often needed in a 24/7 capacity to serve the residents of Fowler and ensure basic services are provided for sanitation and life safety. (b) Eligibility. The following classifications are eligible to participate in this program:
Water Operator I/ II, Lead Water Operator, and Public Works Supervisor. (c) Implementation.
(1) On-Call Shift Schedule. The on-call shift begins Tuesday at 3:30 PM and ends the following Tuesday at 7:00 AM.
(2) Non-Exempt Employee Stipend. Eligible employees designated by the Department Head as “on-call” shall be eligible for an on-call stipend as follows:
Weekdays - $25.00 per weekday (Monday through Friday)
Weekends - $40.00 per weekend day (Saturday and Sunday) Holidays - Double the above daily rate for holidays designated in Section 10 of this Handbook.
(3) Exempt Employee Stipend. Eligible employees designated by the Department Head as “on-call” shall be eligible for an on-call stipend as follows:
Weekdays - $35.00 per weekday (Monday through Friday)
Weekends - $65.00 per weekend day (Saturday and Sunday) Holidays - Double the above daily rate for holidays designated in Section 10 of this Handbook.
(4) Call-Back. In the event a non-exempt on-call employee responds to a call, the employee shall be compensated in accordance with Section 11 of this Handbook. (5) Implementation. The Personnel Officer shall implement procedures for implementation of this section.
69 Section 8, Item F.
SECTION 19. ONE-TIME CASH-OUT.
An employee may request, in writing, a one-time cash-out of up to twenty-four (24) hours of any combination of CTO or vacation leave to be paid during the payroll software calendar transition in the first quarter of 2024. The Personnel Officer shall implement procedures for implementation of this section. 70 Section 8, Item F.
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: March 5, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE the 2023-2024 Water Rate Study and Initiate the Prop 218 process of setting a Public Hearing for an amended water fee schedule.
EXECUTIVE SUMMARY
In accordance with the direction provided at the November 7, 2023, City Council meeting, DTA Finance has finalized the 2023-2024 Water Rate Study and has recommended an increase in the water rates for both non-industrial and industrial water users. This is to fund the increased costs to operate the system, fund the increased Capital Improvement Program costs for the water system, and to ensure the Water Enterprise Fund does not operate in a deficit. Staff is seeking City Council approval of the study, for a public hearing to be set for June 4, 2024, and for authorization to send the public hearing notices to City of Fowler property owners and water customers in compliance with state law.
BACKGROUND
On February 1, 2022, the City Council approved a contract with DTA Finance to perform a water rate study. Upon initial review, DTA determined that the water system is operating in a deficit compared to the annual water rates collected from the City’s water users. Based on this determination and expected capital improvement projects required for safe and reliable operation of the system, DTA developed some scenarios for City Council consideration.
February 21, 2023, the DTA Finance team presented four scenarios for City Council direction.
Scenario 0 – Do Nothing; Scenario 1 – Increase rates to meet existing budget; Scenario 2 – Increase rates to meet alternate budget; Scenario 3 - Increase rates with a conservation-based rate structure to meet the alternate budget. At this meeting, the City Council directed DTA and City Staff to proceed with Scenario 3.
July 18, 2023, the DTA team presented the first draft of the proposed conservation rates for non-industrial (residential, commercial, and institutional users) and industrial water users. After considering the proposed rates, the City Council directed DTA to continue with a two-tiered conservation-based rate structure, but also directed the base tier threshold be increased to 12,000 gallons from 10,000 gallons; reduce the capital costs; reduce the ending reserve 71 Section , Item A.
balance; and also expressed a desire to reduce the rate increase for industrial users while maintaining an equitable allocation to all land use types.
November 7, 2023, the DTA Finance team presented revised conservation rates for nonindustrial and industrial water users. The revised rates slightly reduced the monthly base rate for both non-residential and industrial water users by reducing the reserves to 2 months of operating reserves. Additionally, the non-industrial users which consume more than the base tier (12,000 gallons per month) will pay a 1.8 multiplier for the second-tier rate. The first year rate for residential/commercial/institutional users will increase by approximately 8.7% while the industrial users will see an increase of approximately 66%. Then in the following years, there is a 5% yearly increase for the subsequent four years.
Next Steps & Proposition 218 Requirements:
Upon incorporation of the City Council's recommendations and direction to send Proposition 218 notices, pursuant to California Constitution Article XIII D, Section 6, staff will prepare and send notices to all customers that receive water service from the City. There will be a 45-day public notice period during which time customers may send written protests to the proposed fee increases for consideration of the City Council. Written protests from customers (only one written protest per property will be counted) will be tallied at the public hearing to be held on June 4, 2024. All protests to the proposed fee increases submitted before the close of the public hearing (both written protests and verbal protests during the public hearing) can be considered by the City Council in deciding whether to approve the proposed fee increases. But the City Council is authorized to approve the proposed fee increases unless a majority of water customers submit valid written protests in opposition to the proposed fee increases.
If the rates are approved, and the amended fee schedule adopted via resolution, the proposed water rates would become effective on July 1, 2024, and for every year thereafter with the final scheduled adjustments occurring January 1, 2028.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
72 Section , Item A.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is consistent with:
Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
Goal PF-2
Fowler maintains and manages the orderly and efficient expansion of public facilities, utilities, and community services.
Policy SAF-14
Maintain the domestic water system in accordance with appliable water quality standards.
Action Item SAF-14a
Monitor funding sources for improvements, if necessary, to maintain the domestic water system in accordance with applicable water quality standards.
Policy PF-16
Design and construct water system infrastructure as needed to meet current and future water demands and system requirements.
Policy PF-17
Continue to establish development fees and user rates that are sufficient to operate, maintain, and upgrade (for current and future regulatory requirements) the City’s water, wastewater, and stormwater infrastructure.
FISCAL IMPACT AND PROCUREMENT PROCESS
The current adopted budget includes sufficient funding for completion of the study and public noticing. The cost of the water rate study with approved budget amendments is $62,447.00. As currently budgeted, the Water Enterprise Fund is operating at a structural deficit. If the proposed rate increases are approved, the schedule of rate increases would be implemented each year for five years, starting in July 2024. The rate increases will fund the necessary Capital Improvement Program, the increased inflationary cost of maintenance and operations, and ensure that the Water Enterprise Fund does not operate in a deficit.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
-2023-2024 Water Rate Study Report
73 Section , Item A.
Irvine | San Jose | San Francisco | Riverside
Dallas | Houston | Raleigh | Tampa
www.FinanceDTA.com
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
CITY OF FOWLER
WATER RATE STUDY
January 29, 2024
74 Section , Item A.
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
CITY OF FOWLER
WATER RATE STUDY
Prepared for:
City of Fowler
128 S 5th Street
Fowler, CA 93625
75 Section , Item A.
TABLE
OF CONTENTS
SECTION PAGE
I EXECUTIVE SUMMARY............................................1 II INTRODUCTION ..................................................... 3 A Purpose ..................................................................3 B Proposition 218 ....................................................3 C Approach ...............................................................4 D Current Water System ........................................5 III REVENUE REQUIREMENTS ................................... 7 A Operations and Maintenance ........................... 7 B Capital Expenditures ........................................... 7 C Debt Service ........................................................10 D Reserve Requirements ......................................10 IV WATER RATE ANALYSIS .......................................11 A Current Rate Structure ..................................... 11 B Proposed Rate Structure .................................. 11 C Model Considerations.......................................12 V IMPLEMENTATION OF RATES ........................... 13 VI CONCLUSION........................................................ 14
APPENDICES
APPENDIX A WATER RATE MODEL
APPENDIX B RATE DESIGN
76 Section , Item A.
1 SECTION I
EXECUTIVE SUMMARY
City of Fowler January 29, 2024
Water Rate Study
www.FinanceDTA.com
I EXECUTIVE SUMMARY
The City of Fowler (the “City”) has engaged DTA to prepare an updated rate study to analyze the current revenue requirements of the City’s Water Department, hereinafter referred to as the “Water Department,” and develop a rate structure that will result in sufficient stable revenues to pay for operations and maintenance, annual debt service requirements, capital improvements and replacement, as well as fund an operating reserve.
The Water Department is responsible for providing water service to its customers within its City limits. The City has determined that an increase in annual operating costs as well as the cost of needed repairs and expansion of the existing water system cannot be accomplished with the current revenues collected from water customers. The Water Department’s water system is experiencing new challenges in the form of additional water demands, increasing regulation and maintenance of an aging system. The City has identified approximately $4,100,000 of capital improvement projects over a five- year period to upgrade the system to maintain current levels of service. The study herein incorporates the revenue requirements and calculates new water rates in compliance with Proposition 218 requirements.
In recent years, the Water Department has been experiencing revenue shortfalls. Only three rate increases have occurred since 2003. The three previous rate increases included a base rate increase in 2003, an overage rate increase in 2009, and a base rate increase in 2015.
During the years since then, operating costs have increased such that current revenue does not cover current costs. Funds from other City sources including grant monies have been used to cover the recent shortfalls in revenue. Thus, it is necessary to increase the water rates to fully fund the revenue requirements. As described in this study, the rates are proposed to be increased and phased in over a five (5) year period. The existing rate for Fiscal Year 22/23 is equal to $24.24 per user for the first 10,000 gallons and $2.42 per additional thousand gallons thereafter. The proposed water rates for the next five years is shown below:
Table 1: Proposed Rates
All Land Uses other than Industrial Property
Fiscal Year 23/24 24/25 25/26 26/27 27/28
Base Rate up to 12,000 Gallons per Month $26.35 $27.67 $29.05 $30.50 $32.03 Per Additional 1,000 Gallons per Month $4.74 $4.98 $5.23 $5.49 $5.77 77 Section , Item A.
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EXECUTIVE SUMMARY
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Industrial Property Only
Fiscal Year 23/24 24/25 25/26 26/27 27/28
Base Rate up to 12,000 Gallons per Month $40.15 $42.16 $44.27 $46.48 $48.80 Per Additional 1,000 Gallons per Month $4.02 $4.22 $4.43 $4.65 $4.88 Based on the new water rates shown above, a single-family customer using 12,000 gallons per month would see their monthly water bill rise from the current $24.24 to $32.03 by the end of the five-year phase-in period. An industrial customer using 12,000 gallons per month would see their monthly water bill increase from the current $24.24 to $48.80 by the end of the five-year phase-in period.
Actual increases in individual water bills will be based on the amount of water used by each customer.
The new water rates presented in this study were based on the best information available at the time. Regular updates of the financing and rate projections should be performed as accurate and more complete information becomes available. 78 Section , Item A.
3 SECTION II
INTRODUCTION
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II INTRODUCTION
The City has engaged DTA to prepare an updated rate study to analyze the current revenue requirements of the Water Department and develop a rate structure that will result in sufficient stable revenues to pay for operations and maintenance, annual debt service requirements, capital improvements and replacement, as well as fund an operating reserve.
The Water Department is responsible for providing water service to its customers within its City limits. The Water Department provides potable water services to approximately 2,100 residential, commercial, and industrial customers. The Water Department’s source of water consists of six active wells and maintains 55 miles of pipelines and one storage facility. The annual water demand for 2022 was approximately 1,544 acre-ft (or 503 million gallons). In recent years, the Water Department has been experiencing revenue shortfalls. Only three rate increases have occurred since 2003. The three previous rate increases included a base rate increase in 2003, an overage rate increase in 2009, and a base rate increase in 2015.
During the years since then, operating costs have increased such that current revenue does not cover current costs. Funds from other City sources including grant monies have been used to cover the recent shortfalls in revenue.
Please note that all numbers used in this water rate study were either i) provided by the City or Water Department, ii) assumed and agreed upon with the City or Water Department, or iii) calculated by DTA using data provided and/or agreed to by the City or Water Department.
A. Purpose
The purpose of this study is to present an updated water rate structure that is in compliance with Proposition 218 requirements as described further in Section II.B below while fully funding revenue requirements for the water system as outlined in Section III below. B. Proposition 218
Ongoing fees for water service are commonly called rates. These water rates must be supported by a cost-of-service study, or rate study, showing the revenue requirement will be met through the collection of water rates as well as a method of reasonably apportioning the costs of service to the various customer classes. Water rates for ongoing water service have a direct relationship to land ownership, hence are considered property-related fees subject to the limitations of Article XIII D, Section 6 of the California Constitution (“Proposition 218”).
In November 1996, the California voters approved Proposition 218, the “Right to Vote on Taxes Act”, which added Article XIII D to the California Constitution. Proposition 218 imposes certain requirements relative to the imposition of certain assessments, fees and charges by local agencies, including the following:
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Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service;
Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed; The amount of fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to that parcel; and
No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question.
The rate structure recommended in this study will meet all of the limitations of Proposition 218 in both revenue requirements and proportionality.
In addition, before a local agency can levy new or increased water rates, the following procedures are required pursuant to Proposition 218:
Preparation of a rate justification study, prepared by a qualified individual or firm, and the study must justify the proposed rate increase.
The record owner of each parcel subject to the proposed increase must be provided with a written notice of the proposed increase. As industry practice, DTA will also coordinate with the City to mail such notices to the billing address of the water customer.
Notice to the record owner must specify the time, date, and location of the public hearing at which the proposed increased fee will be considered. Such notice will also be sent to the billing address of the water customer as mentioned above.
A public hearing shall be conducted, held not less than 45 days after mailing the notice, to consider protests to the proposed increased fee.
The increased fee can be approved if a majority of the property owners do not file written protests against the proposed increase.
C. Approach
The methodology used in this study to determine proposed rate structures will follow the guidelines provided in AWWA, Principles of Water Rates, Fees, and Charges, Manual of Water Supply Practices (M1 Manual). These guidelines were incorporated in the development of a cost-of-service analysis and a rate model that is used to evaluate Water Department specific conditions, criteria, and goals. This model was used to evaluate many alternatives essential in the process of determining the optimal rate structure that meets the revenue requirements, as well as Water Department policies and goals, over the next five years.
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INTRODUCTION
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D. Current Water System
The Water Department’s water supply is produced from groundwater wells located throughout the City. Table 2 shows the location of the wells and their current operational status. Each of the wells in operation supply water to a distribution system located in City streets, Caltrans Right of Way, and alleys. The location and status of the City’s six active wells and two abandoned wells are shown in Table 2 below:
Table 2: Water Department Water Wells
Well No. Location Status
1 5th Street between Main Street and Fresno Street Abandoned in 2006 2 Southeast Corner of Modesto Street and 5th Street Online 3 9th Street between Tuolumne Street and Merced Street Abandoned 4 Adams Avenue east of Main Street adjacent to Fowler High School Online 5A Parlier Avenue east of Golden State Boulevard Online 6 Southeast Corner of Golden State Boulevard & Temperance Avenue Online 7 Temperance Avenue between Adams Avenue and Walter Avenue Online 8A Southeast Corner of Sunnyside Avenue and Sumner Avenue Online Water consumption since the late 2000s has been decreasing. This decrease in water use coupled with unchanged water rates has resulted in a reduced level of water revenue to the City. In addition, the costs of providing water has increased over the past decade resulting in revenues falling short of expenses, even with effective City-wide conservation measures. In 2023, the total annual City-wide usage was approximately 1,443 acre-ft (or 470 million gallons). Table 3 presents annual water usage by year for a 30-year period beginning in 1993 and ending in 2023.
Table 3: Usage by Gallons
0 100,000,000
200,000,000
300,000,000
400,000,000
500,000,000
600,000,000
700,000,000
800,000,000
1 9 9 4 1 9 9 9 2 0 0 4 2 0 0 9 2 0 1 4 2 0 1 9
USAGE (GALLONS)
YEAR
81 Section , Item A.
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INTRODUCTION
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In order to fully fund the necessary revenue requirements as identified in the following sections of the rate study, the City’s water rates must be increased. Below is a description of the remaining sections of the rate study:
Section III: Revenue Requirements – This section describes the cost categories that the water rate revenue and other revenue sources will need to fund including, operations and maintenance costs (“O&M”), capital expenditures, debt service, and contributions to the operating reserve.
Section IV: Water Rate Analysis – This section describes the proposed two-tiered rates to be charged to water customers in the City and the calculations used in determining a water rate structure that can fully fund the revenue requirements described in Section III.
Section V: Implementation of Rates – This section includes the proposed updated water rates for the various land uses during the five-year study period.
Section VI: Conclusion – This section includes the overall conclusions and relevant notes.
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RATE REVENUE
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III REVENUE REQUIREMENTS
The Revenue Requirements, or cost categories, that rate revenue and other revenue sources will need to pay for include, operations and maintenance costs (“O&M”), capital expenditures, debt service, and contributions to an operating reserve. These cost categories are described in greater detail below. A. Operations and Maintenance The O&M cost projections use the baseline costs from the City’s 22/23 operating budget. The City’s costs are escalated by a factor of 3% annually as a reasonable estimate of future costs based on historical consumer price index data for the San Francisco region over the past ten years.
The Water Department’s O&M costs include wages and benefits, supplies, utilities, insurance, and miscellaneous office expenses as described in the City’s adopted budget for 22/23. B. Capital Expenditures
Expected expenditures for the water master plan and future capital projects are described below as documented by the Water Department. B.1. Water Master Plan The Water Master Plan serves as the City's comprehensive framework for long-term water resource management, addressing current and anticipated water demands within a projected planning horizon. Through data analysis and modeling, the plan assesses existing water sources, infrastructure capacity, and system vulnerability. Additionally, the master plan will forecast future water requirements considering population, economic trends, and potential climate change impacts. Then the plan outlines a strategic roadmap for securing water supply, including potential development of alternative sources, optimizing existing infrastructure, and implementing targeted conservation measures. The water master plan ultimately functions as a data- driven plan for sustainable water resource management, ensuring reliable access to high-quality water for the City's future.
B.2. Fire Hydrant Upgrades (City-wide)
The Water Department provides flow to hundreds of fire hydrants within the existing distribution system. Of these fire hydrants, approximately 40% do not have a shut-off valve at the connection of the fire hydrant service line and the main line. This shut-off valve is an important part of the system, as it allows the Public Works Department to shut off water to the fire hydrant if the fire hydrant is damaged or leaking. Also, there are several fire hydrants that are currently wharf hydrants that need to be changed to City standard fire 83 Section , Item A.
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hydrants. Finally, there are several fire hydrants that are in need of replacement due to their age. Some of the hydrants in the City have not been replaced or updated since the mid 1900’s. Firefighting equipment has become more efficient and effective since their installation, and updating the existing fire hydrants to more recent models would accommodate higher flows and increased accessibility. During the development of a hydraulic model, Public Works staff will be able to calculate the anticipated flow at each fire hydrant and identify if proper fire flow is available at each hydrant.
B.3. Water Valve Replacement (City-wide)
The Water Department’s distribution system includes hundreds of water valves, varying in sizes that included 6”, 8”, 10”, and 12”. These water valves, when spaced at appropriate intervals and in working order, allow Public Works Staff the ability to isolate certain portions of the water distribution system without significantly affecting users. However, several valves are now stuck in their current position, either open or closed. Replacement of these valves will give greater flexibility to Public Works Staff when maintenance is needed for the distribution system. Through the development of a system inventory, Public Works staff will be able to determine the number of water valves that need to be replaced, and prioritize the timing of the various replacements.
B.4. Water Meter Replacement (City-wide)
The Water Department plans to replace existing water meters that have exceeded their useful life. The cost of these replacements will be spread over years two and five of this study to the extent that expected annual revenues from water rates will provide sufficient funding to meet the City’s planned timeline. B.4. Water Service Upgrades (City-wide)
The Water Department continues to maintain existing copper and polyethylene water services. Some of these services have not been replaced since their installation. Public Works staff is concerned that some of these services, if not replaced soon, may cause water loss due to leaks and possibly contaminate the distribution system. Through the development of a system inventory, Public Works Staff will be able to determine the number of services that will need to be replaced and give priority to when they will be replaced.
B.5. Geographic Information System (“GIS”) Cataloging of Water System In order to create an accurate and useful water model for the City of Fowler, the information on the existing distribution system will need to be carefully compiled and input. The most effective, and lasting way to accomplish this is through the use of a GIS survey. This survey will log each of the valve, fire 84 Section , Item A.
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hydrant, blow-off, and water meter location. The Water Department’s current distribution map can be used as an initial basis for this survey, and provide for pipe sizing. Once the objects are surveyed, they can be identified on a map and can be tagged with information that can be sorted and catalogued for Water Department Staff. A computer-aided drafting (“CAD”) file will be created from this survey, and will be used in the water model to measure pipe lengths.
B.6. Well 4 Deferred Maintenance
The Well 4 site, located on the north side of the Fowler High School Football field on Adams Avenue, includes a hydropneumatic tank which helps reduce pump cycling and maintain the tank stored water at a specified pressure.
However, the existing hydropneumatic tank developed a leak which was repaired by welding a plate to patch the leak. However, for longevity and system reliability, the hydropneumatic tank will need to be replaced.
B.7. Well 5A Improvements & Deferred Maintenance
The Water Department’s Well 5A, located on Parlier Avenue east of Golden State Boulevard, is currently activated by a pressure, or “hard start” switch.
The well sensor reads the pressure on the system and when the pressure drops below the low setting, the well pump starts and when the pressure reaches the high setting, the well pump stops. While this gives the well pump an instant impact on the system, starting and stopping of the pump can cause pressure fluctuations within the distribution system. In turn these fluctuations cause the pump to go through several start and stop functions as the system attenuates. These “hard starts” are very energy inefficient, and can cause the pump motor increased stress, which could shorten the life of the pump.
The installation of a “soft-start”, variable frequency drive (“VFD”) would allow the well pump to monitor the pressure of the distribution system and make smaller, more efficient adjustments to the system pressure by not pumping a full output to the system. This sort of self-monitoring, while forcing the pump to run longer, actually helps the pump provide its maximum efficiency, which will equate to a longer life span.
Additionally, Well 5A has an air conditioning unit that cools the motor controller cabinet from failing due to high temperatures. However, the air conditioning unit is overworked and nearing the end of its life cycle. For optimal performance and system reliability, the air conditioning unit should be installed in conjunction with a shade structure to shield the motor controller cabinet from direct sunlight.
Lastly, the Well 5A site lacks a back-up generator to continue to provide water 85 Section , Item A.
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RATE REVENUE
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pumping capabilities during a power outage. A back-up generator should be furnished and installed to provide an alternative power source when the electric grid is not available.
B.8. Well 6 Deferred Maintenance
The Water Department's Well 6 site, located on the southwest corner of Golden State Boulevard and South Temperance Avenue, has an air conditioning unit that cools the motor controller cabinet from failing due to high temperatures. However, the air conditioning unit is overworked and nearing the end of its life cycle. For optimal performance and system reliability, the air conditioning unit should be installed in conjunction with a shade structure to shield the motor controller cabinet from direct sunlight.
The Well 6 site also lacks a back-up generator to continue to provide water pumping capabilities during a power outage. A back-up generator should be furnished and installed to provide an alternative power source when the electric grid is not available.
B.9. SGMA Contribution
California's Sustainable Groundwater Management Act (SGMA) required the formation of Groundwater Sustainability Agencies (GSAs) which are responsible for developing and implementing a plan to achieve long-term sustainability to the State's groundwater basins. City of Fowler is a member of the South Kings GSA and the water fund is required to make annual contributions that fund the administration of the GSA, design and construction of ground water recharge basins, data collection and analysis, surface water purchase for groundwater recharge, and annual reporting to the State.
B.10. Total Project Costs
Table 4 presents estimated costs for the improvement projects described above. Table 4: Proposed Capital Projects Cost Estimate Proposed Project Estimated Costs
Prepare Water Master Plan $100,000
Existing Fire Hydrant Replacements (40 Each) $260,000
Existing Water Valve Replacements (50 Each) $78,000
Existing Water Meter Replacements (1,200 Each) $450,000 Existing Water Services Replacements (200 Each) $520,000 Develop GIS Database for Water System $50,000
Well 4 Deferred Maintenance (Hydro Tank Replacement) $48,000 86 Section , Item A.
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RATE REVENUE
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Well 5A Deferred Maintenance (Shade Structure, Generator, Well Pump) $58,000 Well 6 Deferred Maintenance (Shade Structure, Generator) $22,000 SGMA Contribution (5 years 23/24 through 27/28) $2,507,175 Total System Capital Projects Costs $4,093,175
The Water Department intends to complete the improvements discussed above within the next five years. The timing of the construction and costs incurred are assumed to be spread across the five-year study period in a manner that will minimize the possibility of revenue requirements exceeding revenue in any given year within the five-year study period.
C. Debt Service
The Water Department provided annual debt obligations for each of the five years in the study period. The two debt instruments include; i) 2004 Water Systems and ii) Farmer Loan 2010 Bond Refunding. The debt payments and timing are shown in Appendix A and are fixed with respect to both amounts and timing.
D. Reserve Requirements
Net operating revenue after paying all debt service will be transferred to an operating reserve fund. The proposed rate structure anticipates positive net operating revenue after debt service in each of the five study years and is in conformance with the Water Department’s goal of accumulating a reserve balance equal to two months’ operating costs. The analysis in Appendix A shows that the reserve balance at the end of the five-year study period is approximately $304,000, which when compared to the expected operating cost in year five of approximately $1,824,000, equals approximately two months’ operating cost.
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WATER RATE ANALYSIS
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IV WATER RATE ANALYSIS
A. Current Rate Structure
The Water Department currently charges customers receiving water service on a metered rate. The current rate is $24.24 per user for the first 10,000 gallons and $2.424 per additional thousand gallons thereafter. For Fiscal Year 22/23, the activities of which consisted of routine operation and maintenance, the revenues were less than the expenditures. The deficit in expenses versus revenues demonstrates that the current rates are not sufficient to even maintain the existing system.
B. Proposed Rate Structure
The proposed rate structure is an inclining block structure consisting of two tiers: i) base tier and ii) commodity tier. The base tier is a flat rate charged to each customer for the monthly usage of the first 12,000 gallons, regardless of the amount of actual usage within this range. The commodity tier is a uniform rate charged per 1,000 gallons of monthly usage over and above the 12,000-gallon threshold. For the residential/commercial/institutional commodity tier uniform rate, a multiplier of 1.8 is applied to the commodity rate. This multiplier is intended to encourage conservation at the higher tier. To account for this expected change in behavior, the monthly usage in the residential/commercial/institutional customer class is assumed to be reduced by 5%. It is also assumed that the usage patterns in the larger industrial customer class is driven by production demand and has little discretion in their processes. Therefore, the industrial multiplier is set at 1.0.
Separate rate structures were developed for the i) combined residential, commercial and institutional land use group, and ii) industrial land use group. It is assumed that industrial users are not as responsive to conservation incentives such as commodity tier multipliers as residential, commercial, and institutional users would be. Therefore, different rate structures are proposed for both land use groups to better reflect the response to conservation incentives and allocated costs are in proportion to usage in compliance with Proposition 218.
C. Model Considerations
In order to comply with Proposition 218 requirements, the following items were considered when evaluating the existing water rates and considering potential rate increases.
Tiered Rates – Increasing tiered rate structures are an attempt to send a water conservation-oriented price signal to residential, commercial, and institutional customers. Such tiered rate structures may also overly complicate rate administration. Therefore, a workable balance is critical for a successful program. The Water Department has decided to implement a rate structure consisting of a base tier rate and a commodity tier rate. The base 88 Section , Item A.
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WATER RATE ANALYSIS
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rate is set at a fixed amount for any monthly usage up to 12,000 gallons. Any monthly usage over and above the 12,000-gallon threshold is charged at a commodity rate per 1,000 gallons. For industrial customers, it was determined that a conservation-oriented price signal was not necessary since industrial usage is not sensitive to unit pricing.
Proportionality - Usage is directly related to the cost of water supply and water delivery. For instance, energy costs and maintenance costs increase as water demand (water usage) increases. There are certain costs that are fixed, which would be covered by the proposed base tier rates.
Due to differing usage patterns between residential/commercial/institutional customers and industrial customers, different water rates are proposed for the two land use groups, with the constraint that the percentages of total City-wide usage for each group should closely match the percentage of total City-wide revenue for the corresponding group. This will ensure that the residential/commercial/institutional customer class will not subsidize the industrial customer class, or the reverse.
Rate Stability - The proposed rate structure will contribute net revenues to an operating reserve, on an annual basis, with the goal that at the end of the five-year program, the operating reserve balance should equal two months of operating costs.
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IMPLEMENTATION OF RATES
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V IMPLEMENTATION OF RATES
The model in Appendix A shows that the rates shown in Table 5 below meet the criteria required under Proposition 218. The rate increases over a five (5) year period are shown in the table below. Rates for all land uses other than industrial property will see an 8.70% increase in year 1 and an annual increase of 5% each year thereafter during the five-year study period. Rates for industrial property will see a 65% increase in year 1 and an annual increase of 5% each year thereafter during the five-year study period. The annual increase of 5% is necessary in order to fully fund all revenue requirements.
Table 5: Proposed Rate Structure
All Land Uses other than Industrial Property
Fiscal Year 23/24 24/25 25/26 26/27 27/28
Base Rate up to 12,000 Gallons per Month $26.35 $27.67 $29.05 $30.50 $32.03 Per Additional 1,000 Gallons per Month $4.74 $4.98 $5.23 $5.49 $5.77 Industrial Property Only
Fiscal Year 23/24 24/25 25/26 26/27 27/28
Base Rate up to 12,000 Gallons per Month $40.15 $42.16 $44.27 $46.48 $48.80 Per Additional 1,000 Gallons per Month $4.02 $4.22 $4.43 $4.65 $4.88 90 Section , Item A.
15 SECTION VII
CONCLUSION
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VI CONCLUSION
The final water rates contained in this study are a result of an extensive public process with input received from many sources including Water Department staff, City staff, the public and the City Council. The new water rates are designed to produce revenues adequate to fund operations and maintenance, new capital improvement projects, debt service and an operating reserve. Rate increases are proposed to be phased in over a five-year period to reduce sudden impacts to ratepayers. The new water rates are shown in Table 5 above. Based on the new water rates presented herein, a single-family customer using 12,000 gallons per month would see their monthly water rate increase from the current $24.24 to $26.35 in the first year (8.7% increase), and increase to $32.03 by the end of the five-year phase-in period (a 5% increase each year).
An industrial customer using 12,000 gallons per month would see their monthly water rate increase from the current $24.24 to $40.15 in the first year (65.6% increase), and increase to $48.80 by the end of the five-year phase-in period (a 5% increase each year).
Actual increases in individual water bills will vary based on the amount of water used by each customer.
The new water rates presented in this study are based on the best information available at the time. Regular review and evaluation of the financing and rate projections should be performed as accurate and more complete information becomes available. The rates should be reviewed annually to take into account the results of local project construction bids, conservation patterns, actual O&M costs, and the actual financing received for the projects, and adjustment to the rates may be considered, as necessary. 91 Section , Item A.
APPENDIX A
City of Fowler
Water Rate Study
WATER RATE MODEL
92 Section , Item A.
Year 1 Base Rate - Residential, Commercial, Institutional $26.350 Year 1, Tier 2 rate - Residential, Commercial, Institutional $4.743 Year 1 Base Rate - Industrial $40.150
Year 1, Tier 2 rate - Industrial $4.015
Initial Rate Increase 8.70%
Rate Escalation 5.00%
Cost Inflation 3.00%
Reduction of Commodity Tier usage by conservation 5.00% 2nd Tier % multiplier (Res./Comm/Institutional) 1.80 Annual Residential Growth 1.00% Year Number Actual Current 1 2 3 4 5
Fiscal Year Jan-Dec 2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Residential/Non Res Base Rate ($ per 12,000 gallon) $23.24 $24.240 $26.350 $27.67 $29.05 $30.50 $32.03 Residential/Non Res Extra Rate ($ per 1,000 gallon) $2.32 $2.424 $4.743 $4.98 $5.23 $5.49 $5.77 Industrial Only Base Rate ($ per 12,000 gallon) $40.150 $42.16 $44.27 $46.48 $48.80 Industrial Only Extra Rate ($ per 1,000 gallon) $4.015 $4.22 $4.43 $4.65 $4.88 Customers/meters
Residential Customers/meters 1,897 1,985 1,985 2,005 2,025 2,045 2,066 Commercial, Institutional, Landscape Customers/meters 183 186 186 186 186 186 186 Industrial Customers/meters 24 25 24 24 24 24 24
Total Customers/meters 2,104 2,196 2,195 2,215 2,235 2,255 2,276 Actual Current 1 2 3 4 5 Usage (1,000 gallons per year) Jan-Dec 2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Annual usage- Residential (1,000 gallons) 288,753 302,134 302,134 305,156 308,207 311,289 314,402 Annual usage per residential meter (1,000 gal/meter) 152 152 152 152 152 152 152 Annual usage - Commercial, Institutional, Landscape 57,062 57,062 58,024 58,024 58,024 58,024 58,024 Annual usage per Commercial, Institutional, Landscape meter 312 312 312 312 312 312 312 Annual Useage - Residential, Commercial, Institutional, Landscape 345,815 359,196 360,158 363,180 366,231 369,313 372,426 Base Tier Usage 140,491 145,928 146,319 147,546 148,786 150,038 151,303 2nd Tier Usage 204,188 213,269 213,840 215,634 217,445 219,275 221,124 Annual Useage -Industrial 156,305 162,818 156,305 156,305 156,305 156,305 156,305 Annual Useage per meter -Industrial 6,513 6,513 6,513 6,513 6,513 6,513 6,513 Base Tier -Industrial 1,934 2,014 1,934 1,934 1,934 1,934 1,934 2nd Tier -Industrial 154,372 160,804 154,372 154,372 154,372 154,372 154,372 Total annual usage (gallons) 100.00% 502,120 522,014 516,464 519,485 522,536 525,619 528,731 Total Usage in the Commodity Tier 69.83% 350,640 350,640 360,656 362,766 364,897 367,049 369,223 Total Usage in the Base Tier 30.17% 151,480 171,375 155,808 156,719 157,640 158,570 159,509 Conservation Usage:
Reduction in Residential usage from conservation 15,258 15,410 15,564 15,720 Reduced RCIL Usage in Commodity Tier 200,376 202,035 203,711 205,403 City of Fowler
Water Rate Analysis
WATER RATES AND CUSTOMERS
WATER USAGE
Projected Year
ASSUMPTIONS
Projected Year
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Actual Current 1 2 3 4 5 5 REVENUE 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Totals Sales - Base Tier Residential, Commercial, Institutional, Landscape 586,764 638,772 686,470 735,352 779,109 825,476 874,611 3,901,019 Sales - Base Tier Industrial 11,563 12,141 12,748 13,386 14,055 63,894 Sales - Commodity Tier - Residential, Commercial, Institutional, Landscape 814,886 849,950 1,014,241 997,901 1,056,473 1,118,498 1,184,181 5,371,293 Sales - Commodity Tier - Industrial 619,802 650,792 683,332 717,498 753,373 3,424,797 Revenue adjustment re: 12,000 gal threshold increase (22,766) (23,905) (25,100) (26,355) (27,673) (125,799) Water Meter Sales 1,401,650 1,488,723 2,309,310 2,372,282 2,506,562 2,648,503 2,798,547 12,635,205 Late Fees/Penalties (24) 25,000 25,000 25,000 25,000 25,000 25,000 125,000 Reconnect Fees 0 0 0 0 0 0 0 Water Hook Up Fees 2,388 10,000 10,000 10,000 10,000 10,000 10,000 50,000 Bad Check Processing Fees 60 100 100 100 100 100 100 500 Water Supply Wells 0 0 0 0 0 0 0 Grant Revenue Water Arrearage 145,250 141,948 141,948 141,948 141,948 141,948 141,948 709,740 Interest 0 0 0 0 0 0 0 0 Misc. 4,548 3,500 3,500 3,500 3,500 3,500 3,500 17,500 Total Revenue 1,553,872 1,669,271 2,489,858 2,552,830 2,687,110 2,829,051 2,979,095 13,537,945 Projected Year REVENUE
94 Section , Item A.
Actual Current 1 2 3 4 5 REVENUE REQUIREMENTS 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Totals Wage and Benefits: 1 2 3 4 5 Salary - Full Time 440,534 525,084 540,837 557,062 573,773 590,987 608,716 2,871,375 Salary - Part Time 0 0 0 0 0 0 0 0
Salary - Overtime 4,528 3,000 3,090 3,183 3,278 3,377 3,478 16,405 Employee Benefits 0 0 0 0 0 0
Tax and Allowances 43,856 53,499 55,104 56,757 58,460 60,214 62,020 292,554 CalPERS 89,002 106,937 110,145 113,449 116,853 120,359 123,969 584,775 CalPETRS UAL 113,376 126,798 130,602 134,520 138,556 142,712 146,994 693,383 Health Insurance 68,957 94,567 97,404 100,326 103,336 106,436 109,629 517,131 Workers Comp 15,485 18,195 18,741 19,303 19,882 20,479 21,093 99,498 Total Wage and Benefits 775,738 928,080 955,922 984,600 1,014,138 1,044,562 1,075,899 5,075,122 Operations and Maintenance: 1 2 3 4 5 Totals Office Expense 54 500 515 530 546 563 580 2,734 Special Department Expense 1,031 0 0 0 0 0 0
Small tools 3,359 4,000 4,120 4,244 4,371 4,502 4,637 21,874 Supplies 5,475 8,375 8,626 8,885 9,152 9,426 9,709 45,798 Clothing 444 600 618 637 656 675 696 3,281
Advertising 1,364 3,165 3,260 3,358 3,458 3,562 3,669 17,308 Communications 8,891 8,495 8,750 9,012 9,283 9,561 9,848 46,454 Postage 7,103 5,270 5,428 5,591 5,759 5,931 6,109 28,819 Permit Fees 33,915 36,000 37,080 38,192 39,338 40,518 41,734 196,863 Rents and Leases 3,809 8,520 8,776 9,039 9,310 9,589 9,877 46,591 Equip Rental/Leases 1,931 950 979 1,008 1,038 1,069 1,101 5,195 Janitorial 4,448 2,815 2,899 2,986 3,076 3,168 3,263 15,394 Equip Maintenance 6,019 5,516 5,681 5,852 6,027 6,208 6,395 30,164 Water Main Maintenance 11,542 20,000 20,600 21,218 21,855 22,510 23,185 109,368 Vehicle Maintenance 1,751 9,925 10,223 10,529 10,845 11,171 11,506 54,274 Well Maintenance 11,489 36,130 37,214 38,330 39,480 40,665 41,885 197,574 Gasoline/Fuel 11,709 13,342 13,742 14,155 14,579 15,017 15,467 72,960 Total Operations and Maintenance 114,334 163,603 168,511 173,566 178,773 184,137 189,661 894,648 Outside Services: 1 2 3 4 5 Totals Professional Services 42,849 78,070 80,412 82,824 85,309 87,868 90,505 426,919 Computer Services 33,132 27,095 27,908 28,745 29,607 30,496 31,411 148,167 Total Outside Services 75,981 105,165 108,320 111,570 114,917 118,364 121,915 575,085 Utilities/Energy 295,066 202,225 208,292 214,541 220,977 227,606 234,434 1,105,849 Insurance 75,366 75,126 77,380 79,701 82,092 84,555 87,092 410,820 Miscellaneous 1 2 3 4 5 Totals Memberships 1,157 1,355 1,396 1,438 1,481 1,525 1,571 7,410 Conferences 2,224 2,500 2,575 2,652 2,732 2,814 2,898 13,671 Education/Training 1,405 2,500 2,575 2,652 2,732 2,814 2,898 13,671 Well Testing 6,113 5,545 5,711 5,883 6,059 6,241 6,428 30,322 Legal 0 10,000 10,300 10,609 10,927 11,255 11,593 54,684 Financial Services 47,238 28,495 29,350 30,230 31,137 32,071 33,034 155,822 Vehicles / Electric Carts 48,810 50,274 51,783 53,336 54,936 56,584 266,913 Total Miscellaneous 58,137 99,205 102,181 105,247 108,404 111,656 115,006 542,494 Subtotal Annual Operating Costs: 1,394,622 1,573,404 1,620,606 1,669,224 1,719,301 1,770,880 1,824,006 8,604,018 Capital Expenditures - Pay-as-you-go: Actuals Current 1 2 3 4 5 Totals Water meters 55,728 Equipment 81,911
12" water line 200,000 Water Master Plan 40,000 100,000 100,000 Vehicles 40,000 0 Replace 40 Hydrants 130,000 130,000 260,000 Replace 50 Water Valves 39,000 39,000 78,000
Replace 1200 Water Meters 20,000 92,500 112,500 225,000 450,000 Replace 200 Water Services 130,000 130,000 260,000 520,000 Water System GIS Database 50,000 50,000
Well 4 Deferrred Maintenance (Hydro Tanck Replacement) 48,000 48,000 Well 5Deferrred Maintenance (Shade Structure,Generator) 58,000 58,000 Well 6 Deferrred Maintenance (Flow Meter, Shade Structure) 22,000 22,000 Sub Total CIP 317,000 319,000 352,500 372,500 225,000 1,586,000 SGMA Contribution (5yr FY23/24 through FY
27/28) 410,669 451,736 496,909 546,600 601,260 2,507,175 Capital Improvements 137,639 280,000 727,669 770,736 849,409 919,100 826,260 4,093,175 Grand Total Revenue Requirements 1,532,261 1,573,404 2,348,275 2,439,960 2,568,711 2,689,981 2,650,267 12,697,193 Projected Year
REVENUE REQUIREMENTS
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Net operating revenue before debt service 21,611 95,867 141,583 112,870 118,399 139,071 328,828 840,752 Actual Current 1 2 3 4 5 Debt Service 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2004 Water System Exhibit B 103,390 103,448 103,331 103,334 103,254 103,189 103,233 516,341 Farmers Loan 2010 Bond Refunding 22,750 21,650 20,550 0 0 0 0 20,550 Total Debt Service 126,140 125,098 123,881 103,334 103,254 103,189 103,233 536,891 Net operating revenue after debt service (104,529) (29,232) 17,703 9,536 15,145 35,882 225,596 303,861 Sequential Year 1 2 3 4 5
Fiscal Year 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 $ - $ 17,703 $ 27,239 $ 42,384 $ 78,265
$ 17,703 $ 9,536 $ 15,145 $ 35,882 $ 225,596
$ - $ - $ - $ - $ - $ 17,703 $ 27,239 $ 42,384 $ 78,265 $ 303,861 Number of months covering O&M 2.00
Beginning Balance
Contributions from Operations
Contributions to Operations
Ending Balance
Reserve Fund
Totals
RESERVE FUND ANALYSIS
NET OPERATING REVENUE
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APPENDIX B
City of Fowler
Water Rate Study
RATE DESIGN
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The rate model included in Appendix A herein was designed to allow for sufficient stable water rate revenues to pay for operations and maintenance, annual debt service requirements, capital improvements and replacement, as well as fund an operating reserve. The criteria upon which this model is based include the following: The City’s current 22/23 budget is used as the baseline budget from which the costs are adjusted by an annual 3% cost-of-living factor. Two-tier structure with a flat first tier rate (base rate) and a uniform second tier rate (commodity rate.). The first-tier threshold is set at 12,000 gallons per month for all land uses. Residential, commercial, and institutional customers pay a flat rate for the first 12,000 gallons used in any given month, independent of usage. The residential, commercial and institutional commodity rate is on a per 1,000- gallon basis and is equal to 10% of the first tier rate (base rate) multiplied by 1.8. The industrial commodity rate is also on a per 1,000-gallon basis and is equal to 10% of the base rate, with no multiplier. The base tier rate is escalated at 5% per year. The annual increase of 5% is necessary in order to fully fund all revenue requirements. Annual increase in residential usage due to growth is assumed to be 1%. The number of customers by customer class, and the corresponding usage by month, is provided by the Water Department. The projected usage for the residential customer class is reduced by 5% to account for anticipated conservation behavior. Capital improvement projects and costs were provided by the Water Department. Annual debt service for water related projects was provided by the Water Department. No negative net operating revenue after debt service in any given year within the five-year study period. The reserve balance at the end of the five-year study period should equal no less than two months’ operating costs. The proposed water rates shall ensure proportionality between the revenue generated from a land use and the cost that is allocated to such land use.
Please note that all numbers used in this water rate study were either i) provided by the City or Water Department, ii) assumed and agreed upon with the City or Water Department, or iii) calculated by DTA using data provided and/or agreed to by the City or Water Department. 98 Section , Item A.
18201 VON KARMAN AVENUE, SUITE 220
IRVINE, CA 92612
PHONE: (800) 969-4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com
www.FinanceDTA.com
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CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: March 5, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: CONSIDER Resolution No. 2712 authorizing submittal of a grant application to the Strategic Growth Council (SGC) for Funds Under the Affordable Housing and Sustainable Communities (AHSC) Round 8 Program.
EXECUTIVE SUMMARY
This action authorizes submittal of a grant co-application to the SGC for funds under the AHSC Round 8 Program to support a 108-unit affordable multifamily housing development and associated public improvements.
BACKGROUND
Grant Program
The SGC through the AHSC Program provides grants for projects that aim to reduce carbon emissions through transportation and affordable housing, with a focus on disadvantaged and low-income communities. There are three types of projects that are eligible under the AHSC program: transit oriented development projects, integrated connectivity projects, and rural innovation projects. This grant application is for the rural innovation project. Half of the available funds are set aside for affordable housing and related infrastructure projects.
Costs that are eligible under the AHSC are broken down into five costs: affordable housing development, housing related infrastructure, sustainable transportation infrastructure, transportation related amenities, and community education and other program costs. Eligible applicants include local agencies, developers or program operators, and tribal entities. The City has received an application for a 108-unit multi-family housing project proposed to be an affordable housing project and transit-oriented development that qualifies for AHSC program funding.
The applicant has requested that the City be a co-applicant on the grant application because some of the grant funds, if awarded, will be available for improvements in the City to decrease automobile use, such as additional bike lanes, sidewalks, and public transit improvements.
Fresno County Rural Transit Authority (FCRTA) would also be a co-applicant and CalVans will be a subrecipient. Co-applicants will be able to receive funds directly from the state where 100
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subrecipients will not be able to receive funds directly from the state and therefore, would need to execute an agreement with a co-applicant in order to receive funds.
The Proposed Development & Benefits to the City
The AHSC Round 8 program has a total funding amount of 675 million dollars. The City, along with the FCRTA as a co-applicant, and CalVans, will be requesting up to $30,000,000 dollars.
The City of Fowler would be eligible to directly receive approximately $6 million of the overall $30 million dollar request for the bike lanes, walkways and sidewalk improvements proposed.
Infrastructure –
Approximately five miles Class I and II bike lanes,
Safe & accessible walkways and sidewalks,
Approximately one mile of new sidewalks,
A zero emissions bus purchase for FCRTA,
Operational funds for a new bus line for 3 years for FCRTA, A MicroGrid for FCRTA,
New transit shelters for FCRTA, and
New buses for CalVans.
Development Impact Fees – The Project would be required to pay the following approximate amounts to fund public infrastructure:
General Services - $104,000
Law Enforcement - $73,000
Fire Department - $87,000
Water - $209,000
Sewer - $317,000
Storm Drain - $51,000
Traffic - $62,000
Groundwater Recharge - $69,000
Parks and Recreation Facilities - $307,000
Public Safety – The Police Chief has requested that the following features be included in the development of the project in order to preserve health, safety, and welfare:
Fowler-first renting preference
Active participation in a multi housing crime reduction organization, such as Crime Free Multi Housing
Automatic license plate readers
Background checks on applicants
Assist in the selection of resident managers
Preparation of a camera and lighting plan
Installation of camera doorbells at every unit
RHNA Progress – The 108-unit development would also make a significant impact in the City meeting its Regional Housing Needs Allocation (RHNA) for lower income households (151 units).
The Application Process & Timing
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Although the grant application is due on March 19, 2024, it is due prior to that evening’s City Council meeting. Therefore, this Resolution is being brought for City Council consideration prior to the Conditional Use Permit entitlement being heard by the Planning Commission on March 7, 2024. The Council’s action on this Resolution does not impact the decision of the Planning Commission, nor predetermine the Commission’s action.
The developer is experienced in delivering similar projects in similar jurisdictions. This is important as there is a reputational risk to the City should the developer be awarded AHSC funds but not have the external funding, skills, or capacity to complete the project.
The developer is currently preparing the grant application that is due on March 19, 2024, pursuant to the grant program guidelines. The application proposes using AHSC Round 8 Funds to fund sustainable transportation infrastructure and transportation related amenities for both sides of State Route 99 in Fowler, better connecting these two halves of the community to one another.
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 street, sidewalk, and transportation related amenities is consistent with the goals and policies outlined in the City of Fowler 2040 General Plan as it pertains to transit-oriented development. In particular, this action is consistent with:
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.
General Plan Goal MOB-5
Safe, well-designed, multi-modal connections exist across State Route 99, Golden State Boulevard, and the Union Pacific Railroad.
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General Plan Policy MOB-13
Coordinate with Caltrans, Fresno Council of Governments (COG), Fresno County Rural Transit Agency (FCRTA), and other responsible agencies to identify the need for additional mobility infrastructure and/or services along major commuter travel corridors.
General Plan Policy MOB-16
Support transit operator efforts to maximize return for short- and long-range transit needs.
General Plan Policy MOB-17
Incorporate the potential for public transit service expansion throughout the City.
General Plan Policy MOB-18
Improve route options and access for public transit City-wide, specifically west of State Route
99. General Plan Policy MOB-18
Seek all available means to finance improvements, including State and Federal grants.
FISCAL IMPACT
If awarded, the City would receive approximately $6 million dollars in funds to implement the transportation infrastructure related components described above. A City match is not required for this grant.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2712
- March 7, 2024 Planning Commission Staff Report for CUP 24-03 103
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1 RESOLUTION NO. 2712
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR THE STRATEGIC
GROWTH COUNCIL AFFORDABLE HOUSING AND SUSTAINABLE
COMMUNITIES ROUND 8
WHEREAS, the Strategic Growth Council (“SGC”) Affordable Housing and Sustainable Communities (“AHSC”) Round 8 (“Program”) grant applications are due on March 19, 2024; and WHEREAS, the Program aims to reduce carbon emissions through transportation and affordable housing, with a focus on disadvantaged and low-income communities; and WHEREAS, the Program has 675 million dollars of total funds available, with half of which have been reserved for affordable housing and related infrastructure projects; and WHEREAS, the City has received an entitlement application from Pacific West Communities for the construction of an affordable housing project within the City; and WHEREAS, the proposed Pacific West Communities affordable housing project is the basis on which the City as a co-applicant with Pacific West Communities and the Fresno County Rural Transit Authority (FCRTA) will file an application with the SGC to receive funds from the Program; and
WHEREAS, by March 19, 2024 the City of Fowler (“City”), as a co-applicant with Pacific West Communities and the FCRTA intends to file an application with SGC related to the Program; and
WHEREAS, the application intends to implement and fund the construction of the proposed affordable housing project, along with related sustainable transportation infrastructure and transportation related amenities, on both the east and west side of State Route 99 within the City, better connecting the two sides of the community to one another, (“Project”); and WHEREAS, related transportation improvements are planned to include Class I and II bike lanes, safe & accessible walkways and sidewalks, new sidewalks, a zero emissions bus purchase for the FCRTA, three years operation of a new bus line under FCRTA, a new MicroGrid for FCRTA, new transit shelters for FCRTA, and new buses for CalVans; and, WHEREAS, the application would, if granted, bring approximately $30,000,000 in total funds to complete the Project; and,
WHEREAS, the City, as co-grantee, if awarded, would enter into a contract with the SGC 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 co-application for SGC AHSC Round 8 funds. 104
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2 2. Delegates the authority to the City Manager, to sign and submit all documents related to the grant application.
3. Agrees to comply with all applicable federal, State, and local laws, ordinances, rules, regulations, and guidelines.
PASSED, APPROVED AND ADOPTED this 5th day of March 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
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PLANNING COMMISSION MEETING
REPORT TO THE PLANNING COMMISSION
DATE: March 7, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 700, pertaining to Conditional Use Permit (CUP) No. 24-03 (Sumner Village):
i. Find that CUP No. 24-03 is consistent with the City of Fowler General Plan and General Plan Environmental Impact Report (EIR) pursuant to California Environmental Guidelines (CEQA) Section 15183, absolving it of further environmental analysis.
ii. Approve CUP No. 24-03.
EXECUTIVE SUMMARY
Approval of the Resolution would allow for the construction of 108-dwelling unit multi-family development including one manager’s unit, on the west side of Fowler, providing for increased diversity in the housing options within the City. The development would provide housing affordable units to lower income households and assist the City in achieving its fair share of regional housing needs. The development would allow for the submittal of an Affordable Housing and Sustainability Communities (AHSC) grant application that is proposing over $4 million in infrastructure improvements. The proposed development is subject to the Housing Accountability Act.
BACKGROUND
CUP No. 24-03 proposes an affordable multi-family housing development on a 5.68-acre parcel located on the north side of Sumner Avenue between Sunnyside and Merced Streets (Assessor’s Parcel Number 343-360-40) (the “Project”). The Project site is bounded by Sumner Avenue to the south, residential subdivisions to the north and west, and State Route 99 to the east. The site is designated for Neighborhood Commercial land uses by the City of Fowler’s General Plan and is zoned C-1 (Neighborhood Commercial) on the City’s official zoning map.
Multi-family housing consistent with the RM-3 zoning district is allowed in the C-1 zone district subject to a conditional use permit.
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Amenities
The Project will provide a variety of units, with 48 two-bedroom units, 36 three-bedroom units, and 24 four-bedroom units, including an on-site resident manager unit. These units will be spread across seven, three-story tall, buildings. The Project will provide 200 on-site parking stalls, including a number of electric vehicle charging stations consistent with the Tier 2 Cal Green code. The amount of accessible parking stalls will comply with the California Building Code. Sixty (60) long-term bicycle parking spaces will also be provided.
The development will include a community building with a common kitchen, exercise room, laundry facility, and business center. Outdoor open space amenities will include covered picnic tables with barbecues and pergolas made from non-combustible material, a tot lot, a fenced dog park, and a pool. The on-site resident manager will provide assistance and management.
Design Review
The exterior of the proposed buildings will be comprised of board and batten siding with Class A composite roof shingles and stone veneer accents. Architectural accents will be incorporated, providing an aesthetically appealing exterior that blends with the character of the surrounding neighborhood and the City of Fowler. The Development Review Committee reviewed the Project at their meeting on February 14, 2024 and their recommendations for the commission have been added to the attached conditions of approval. The site plan and elevations will need to be revised to incorporate the Development Review Committee recommendations if approved by Planning Commission.
General Plan Conformity
The Project site has a Neighborhood Commercial land use designation. The C-1 zone district is identified in the General Plan as consistent with the Neighborhood Commercial land use designation. Multi-family housing consistent with the RM-3 zoning district is allowed in the C-1 zone district subject to a conditional use permit. The Project would result in the development of multi-family dwellings at a density of 19.01 dwelling units per acre, which less than the maximum prescribed by the C-1 zone district (21.78 dwelling units per acre).
Housing Element
The Project site was identified in the 5
th Cycle Housing Element (2015-2023) as well as the Draft 6 th Cycle Housing Element (2024-2031) list of sites that could adequately address the City’s fair share of regional housing need for lower income households. The density of the Project is consistent with the density assumed in the housing element. Approval of this Project would assist the City in significantly accomplishing its fair share of affordable housing (71%) for 6 th
Cycle Housing Element, or the next eight years. Approval of the Project would allow for the City to apply for and obtain grants to improve infrastructure, described below under Public Infrastructure.
Density Bonus Incentives
The site plan proposes a total of 200 parking stalls, which does not comply with the parking requirements of the Fowler Zoning Ordinance, or 218 parking stalls. The Project seeks a parking ratio identified under the State’s Density Bonus Law, which would allow for the reduction of 18 parking stalls. State Density Bonus Law precludes the City from refusing to grant the proposed parking ratio. In addition, the C-1 zone district limits the height of buildings to 35 feet. The development proposes buildings 38 feet in height, though no portion of the exceeding three feet would be for livable area, but rather to construct roof pitches consistent with those found in the 107
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neighborhood. This minor height increase can be accommodated under the Density Bonus Law. To be eligible for the density bonus incentives the Project is proposed to be conditioned to deed restrict at least 5 percent (no less than 6 units) of the total units to be affordable for qualifying lower income households for a period of at least 30 years.
Housing Accountability Act
The C-1 zone district requires that multi-family residential development be proposed above or behind a permitted use, which this Project does not propose to do. However, this Project seeks to construct affordable housing in an amount that triggers California’s Housing Accountability Act (“HAA”), which limits the City’s discretion in denying housing development projects. In accordance with Government Code Section 65589.5 subdivision (d), the Planning Commission shall not deny or condition the Project in such a way that renders the project infeasible for development for lower income housing or to reduce its density, unless specific written findings are made based on a preponderance of the evidence in the record, as to one of the following:
1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
(A) Inconsistency with the zoning ordinance or general plan land use designation. (B) The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to 108
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comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. 4) The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. 5) The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
(A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderateincome households in the jurisdiction’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation. (B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low, low-, and moderate-income categories. (Gov. Code § 65589.5, subd. (d).) Taking this into consideration, Staff have made the following findings:
The City has not satisfied its fair share of lower income housing need (151 units). Staff have found no evidence of any significant, quantifiable, direct, and/or unavoidable impacts based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date this application was deemed complete. Staff found that the Project would be able to comply with all applicable State and federal laws.
The land is not zoned for agriculture or resource preservation. 109
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Staff found that while the Project does not explicitly comply with the zoning ordinance, both the subject property and its proposed density were identified as suitable in the 5th cycle housing element.
Therefore, it is Staff’s opinion that the Project qualifies as a housing development project that is subject to the requirements of the HAA, and there is not substantial evidence in the record to support the denial of this Project.
Public Infrastructure
The Project would tie into existing utility infrastructure located along its Sumner Avenue frontage. Storm drainage would be directed to the existing drainage basin located at the northern terminus of 10th Street. The Project would be required to pay the following approximate amounts of Development Impact Fees to the City to fund public infrastructure:
General Services - $104,000
Law Enforcement - $73,000
Fire Department - $87,000
Water - $209,000
Sewer - $317,000
Storm Drain - $51,000
Traffic - $62,000
Groundwater Recharge - $69,000
Parks and Recreation Facilities - $307,000
The Police Chief has requested that the following features be included in the development of the project in order to preserve health, safety, and welfare:
Fowler-first renting preference
Active participation in a multi housing crime reduction organization, such as Crime Free Multi Housing
Automatic license plate readers
Background checks on applicants
Assist in the selection of resident managers
Preparation of a camera and lighting plan
Installation of camera doorbells at every unit
Approval of the Project would allow for the submittal of an Affordable Housing Sustainable Communities (AHSC) grant, which proposes the following improvements, whose costs total approximately $6 million:
Almost five (5) miles of bicycle lanes and paths
Almost one (1) mile of new sidewalks
New transit shelters
Fowler Unified School District
Students from the Project would attend Marshall Elementary (K-2), Fremont Elementary (3-5), Sutter Middle School (6-8), and Fowler High School (9-12). The student generation factor within Fowler Unified has ranged between 0.5 and 0.6 students per household, indicating that the proposed Project would generate approximately 54 to 65 students. 110
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In accordance with State Law, any new development will be subject to school development fees as a condition of building permit issuance to offset potential impacts to schools. The development would be subject to school development fees on a per-square foot basis. As of October 2022, this development would be required to pay approximately $420,000 in school development fees to Fowler Unified School District. These funds, in combination with bond financing authorized by Fowler Unified School District voters and State assistance, will provide facilities and reduce overcrowding in the long-term.
CONDITIONAL USE PERMIT FINDINGS
1. The site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the Zoning Ordinance.
After review of the site plan, staff have determined that the Project would be located on a site that is of sufficient size and shape to accommodate the proposed use, including in relation to all yards, spaces, walls and fences, parking (as required by State Density Bonus Law), loading, landscaping, and other features required by the Zoning Ordinance.
2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
The Project will be required to improve Sumner Avenue to its ultimate right-of-way width, which would be adequate to carry the quantity and kind of traffic generated by the Project.
3. The proposed use will have no adverse effect upon abutting property or the use thereof.
A multi-family development is an allowed use, subject to a CUP, in the C-1 zone district.
The Project would be required to comply with all applicable setback requirements in the Zoning Ordinance. The additional height requested as part of the density bonus request is minimal and would not result in balconies or windows above the typical height limit.
The Project proposes to construct a block wall where adjacent to existing residential land uses. The Project’s balconies are proposed over 100 feet away from the existing residences to the west. The building proposed at the north is proposed to be screened by holly oak trees, which grow up to 60 feet tall and often have an umbrella form that would reduce visibility to the residences’ front yards to the condominiums to the north.
4. The conditions established by the Planning Commission and stated in the Resolution for the Conditional Use Permit are deemed necessary to protect the public health, safety and general welfare.
The conditions of approval will serve to accommodate the proposed use while protecting the health, safety, and welfare of the public. Conditions of approval are based upon standards contained within the Fowler General Plan and the Fowler Zoning Ordinance.
Further, the proposed conditions of approval will serve to implement the goals and 111
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objectives of the General Plan, which itself is intended to provide for logical and orderly development of the City in a manner that is beneficial to its residents.
PUBLIC NOTICE
A Notice of Public Hearing for this Project was published in The Business Journal on February 23, 2024, which is at least ten (10) days prior to the public hearing. A public hearing notice for this Project was also sent via US Mail to all property owners within 300 feet and to all occupants within 100 feet of the proposed Project.
ENVIRONMENTAL REVIEW
While the proposed Project is not required to be consistent with the General Plan, the Project was found to be consistent with the development assumptions of the City’s General Plan with regards to density. The General Plan EIR contemplates the development of the Project site and considered the potential impacts that could result from such development. Pursuant to CEQA Guidelines Section 15183, projects which are consistent with the City’s General Plan and General Plan EIR are absolved from further environmental analysis. Instead, the Project, if approved, will file a Notice of Determination with Fresno County under the previously certified General Plan EIR.
GENERAL PLAN CONSISTENCY
As the Project provides a sufficient amount of affordable housing to trigger the Housing Accountability Act, the Project is not required to be consistent with the General Plan.
Nevertheless, as described above under Environmental Review, the Project’s characteristics were found to be consistent with the development assumptions of the General Plan and the General Plan EIR. Therefore, no additional discussion of consistency is necessary.
FISCAL IMPACT
The Project would result in the collection of development impact fees in accordance with the most current development impact fee schedule at the time that the Project application was received by the City. The Project would allow for the submittal of an AHSC grant application that could bring with it approximately $4 million in infrastructure improvements. This would allow for development impact fees from other projects to advance other infrastructure projects that are important to Fowler. Development of the site would also increase the assessed value of the property and therefore generate additional ongoing property tax revenue to the City. 112
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CONFLICT OF INTEREST
Commissioner Mellon owns 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
- Exhibit 1: Aerial Map
- Exhibit 2: General Plan Land Use Map
- Exhibit 3: Zoning Map
- Exhibit 4: Site Plan, Elevations, Landscape Plan
- Resolution No. 700, Exhibit A (Conditions of Approval) 113
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