Fowler City Council
August 20, 2024

CITY COUNCIL MEETING
TUESDAY, AUGUST 20, 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/84516697426?pwd=-Ru828oxuCBvflBw_C9ZpnAqmkWMg.LRBLop7B9rJi-dau Telephone Number: (253) 215-8782
Meeting ID: 845 1669 7426
Passcode: 092987
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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 PASTOR PAUL IRWIN OF FOWLER PRESBYTERIAN CHURCH

5. PLEDGE OF ALLEGIANCE

6. CEREMONIAL PRESENTATIONS
A. Employee of the Quarter - Louis Armendarez

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 Pay Warrants for August 20, 2024
B. APPROVE Minutes of the August 6, 2024 City Council Meeting C. APPROVE the purchase of a 2024 Ford F150 Pickup from Swanson-Fahrney Ford of Selma in the amount of $52,692.71 and authorize the Interim City Manager to execute the purchase.

D. APPROVE Resolution No. 2740 approving the updated Employee Benefits Handbook.
2 E. Award Golden State Boulevard Bike and Pedestrian Trail from Manning Avenue to Merced Street to Don Berry Construction in the amount of $840,583 and authorize the Interim City Manager to sign the project agreement.

F. APPOINT Councilmember Amarjeet Gill as the voting delegate and Mayor Parra as the alternate voting delegate for the 2024 League of California Cities General Assembly

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
10A. CONSIDER the Master Encroachment Agreement with unWired Broadband, LLC. and authorize the Interim City Manager to negotiate the agreement, allowing unWired to construct a fiber optic network and establish itself as a franchise utility service provider.
10B. WORKSHOP by the Fresno County Transportation Agency on the Golden State Boulevard Corridor Project
City Manager
10C. APPROVE a Second Amendment to the Police Chief Employment Agreement with Michael S. Reid
Planning
10D. APPROVE Resolution No. 2741, adopting an updated City of Fowler Planning Fee Schedule.

11. STAFF COMMUNICATIONS
11A. Quarterly Sales Tax Update
11B. Update on water tower rehabilitation project

12. COUNCILMEMBER REPORTS AND COMMENTS

13. CLOSED SESSION
Government Code Section 54956.8
Property: 343-233-02ST & 343-233-03ST
Agency Negotiator: Thomas W. Gaffery IV, Interim City Manager Negotiating Party: Qawadri LLC, Rakkar Development and Construction Under Negotiation: Terms of Disposition and Development Agreement 3 14. RECONVENE INTO OPEN SESSION AND REPORT ACTION

15. ADJOURN
Next Ordinance No. 2024-04
Next Resolution No. 2742
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, August 16, 2024.

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

ACCOUNTS PAYABLE CHECKS
Regular checks 43298-43360 August 1 thru August 14 625,806.81 $ TOTAL ACCOUNTS PAYABLE CHECKS 625,806.81 $

PAYROLL COSTS
First August Bi-Monthly Payroll August 15, 2024 118,207.22 $ TOTAL PAYROLL COSTS 118,207.22 $

TOTAL CASH DISBURSEMENTS 744,014.03 $
NOTE:

CITY OF FOWLER

WARRANTS LIST
August 20, 2024
5 Section 8, Item A.

SUPERION PAGE NUMBER: 1
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6200 5205 SUPPLIES-ST 0.00 225.07 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6030 5100 OFFICE FURNITURE-FI 0.00 195.59 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 101.99 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 73.86 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6030 5100 OFFICE SUPPLIES-FIN 0.00 55.71 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6010 5110 SUPPLIES-COUNCIL 0.00 50.63 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6200 5195 SUPPLIES-ST 0.00 43.23 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6020 5100 SUPPLIES-ADMIN 0.00 43.23 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6030 5100 OFFICE SUPPLIES-FIN 0.00 35.08 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6030 5110 SUPPLIES-FIN 0.00 28.04 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6010 5110 SUPPLIES-COUNCIL 0.00 25.60 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 17.43 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6200 5203 SUPPLIES-ST 0.00 16.87 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6260 5203 SUPPLIES-PARKS 0.00 16.86 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6010 5110 SUPPLIES-COUNCIL 0.00 9.34 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 6020 5110 CREDIT MEMO-ADMIN 0.00 -15.02 TOTAL CHECK 0.00 923.51
1001 43299 08/07/24 14725 ANDY'S SPORTS & DES 6400 5110 SIGNS 4THOFJULY-REC 0.00 408.10 1001 43299 08/07/24 14725 ANDY'S SPORTS & DES 6400 5110 SIGNS PANKNPETS-REC 0.00 96.34 TOTAL CHECK 0.00 504.44
1001 43301 08/07/24 12489 BATTERY SYSTEMS INC 6200 5200 BATTERY-ST 0.00 158.09 1001 43302 08/07/24 10026 BCT CONSULTING 6170 5230 VOIP AUG24-IT 0.00 933.73 1001 43302 08/07/24 10026 BCT CONSULTING 6170 5230 NETWORK SVC AUG24-I 0.00 2,243.32 1001 43302 08/07/24 10026 BCT CONSULTING 6170 5230 MANAGE SUPP AUG24-I 0.00 3,319.00 TOTAL CHECK 0.00 6,496.05
1001 43304 08/07/24 11291 THE BUSINESS JOURNA 6150 5150 PHN-ORD NO 2024-03 0.00 276.25 1001 43304 08/07/24 11291 THE BUSINESS JOURNA 6150 5150 PHN-SPR2340-CUP2415 0.00 617.50 TOTAL CHECK 0.00 893.75
1001 43306 08/07/24 14991 ERIC ROCHA 6200 5715 REIMB SUPP-ROCHA-PW 0.00 276.55 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 731.82 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5110 SUPPLIES-ST 0.00 2.82 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 2.82 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 4.89 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 5.00 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.26 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.48 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.71 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 8.71 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 12.94 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 13.04 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 13.06 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 13.71 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 16.33 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 16.34 6 Section 8, Item A.

SUPERION PAGE NUMBER: 2
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 17.42 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 17.98 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 18.06 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 18.48 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 18.52 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 20.51 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5110 SUPPLIES-ST 0.00 21.44 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 21.77 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 24.81 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 25.41 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 26.14 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 28.51 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 34.85 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 35.39 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 39.22 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 1.04 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 1.42 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 2.39 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 5.20 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 7.18 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 7.62 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 6.53 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 40.31 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 45.74 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 45.76 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 49.23 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 50.11 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 55.72 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 61.62 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 70.82 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 6200 5121 SUPPLIES-ST 0.00 75.15 TOTAL CHECK 0.00 1,787.40
1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES PARKS 0.00 -1.95 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 54.44 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 54.64 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 96.44 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 1.72 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 4.53 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 5.86 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 6.06 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 6.93 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 7.06 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 9.36 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 10.45 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 13.66 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 14.16 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 14.76 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 15.01 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 17.43 7 Section 8, Item A.

SUPERION PAGE NUMBER: 3
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 25.99 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 34.86 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 35.48 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 116.41 1001 43312 08/07/24 14249 FOWLER ACE HARDWARE 6260 5121 SUPPLIES-PARKS 0.00 126.37 TOTAL CHECK 0.00 669.67
1001 43313 08/07/24 14252 FOWLER ACE HARDWARE 6700 5121 SUPPLIES-SN CTR 0.00 16.33 1001 43314 08/07/24 10600 FRESNO WIRE ROPE, I 6200 5195 SUPPLIES-ST 0.00 69.58 1001 43315 08/07/24 14671 HERO ALLIANCE 6400 5110 WNAP AUG24-REC 0.00 575.00 1001 43316 08/07/24 14749 HOFFMAN SECURITY 6170 5160 ACCESS AUG24-IT 0.00 454.00 1001 43317 08/07/24 10290 LEAGUE OF CALIF CIT 6020 5260 MEMBER MTG-ADMIN 0.00 25.00 1001 43317 08/07/24 10290 LEAGUE OF CALIF CIT 6010 5260 MEMBER MTG-COUNCIL 0.00 25.00 TOTAL CHECK 0.00 50.00
1001 43318 08/07/24 12717 M&M SCREEN PRINTING 6025 5110 EMP APPR DINNER-CLE 0.00 1,183.95 1001 43319 08/07/24 14685 MICHAEL REID 6120 5300 TRAVEL ADV-REID-PD 0.00 525.26 1001 43320 08/07/24 14428 NAVIA BENEFIT SOLUT 6020 5220 COBRA JUL24-ADMIN 0.00 200.00 1001 43321 08/07/24 10215 NELSON HARDWARE & G 6200 5195 SUPPLIES-ST 0.00 114.96 1001 43322 08/07/24 14843 O'REILLY AUTO PARTS 6200 5205 SUPPLIES-ST 0.00 8.88 1001 43323 08/07/24 10237 P G & E - SACRAMENT 6200 5170 512 S HARRIS ENG AD 0.00 3,500.00 1001 43324 08/07/24 14513 PAC-AIR INC. 6700 5190 A/C MAINT-SN CTR 0.00 1,205.00 1001 43324 08/07/24 14513 PAC-AIR INC. 6200 5190 A/C MAINT-ST 0.00 1,248.50 TOTAL CHECK 0.00 2,453.50
1001 43325 08/07/24 11071 PAPE MACHINERY ACCT 6200 5205 SUPPLIES-ST 0.00 220.06 1001 43325 08/07/24 11071 PAPE MACHINERY ACCT 6200 5200 SUPPLIES-ST 0.00 489.27 1001 43325 08/07/24 11071 PAPE MACHINERY ACCT 6200 5205 SUPPLIES-ST 0.00 670.36 1001 43325 08/07/24 11071 PAPE MACHINERY ACCT 6200 5200 SUPPLIES-ST 0.00 150.99 TOTAL CHECK 0.00 1,530.68
1001 43327 08/07/24 14893 POLYNESIAN CLUB OF 6400 5110 WNAP DANCERS AUG24 0.00 1,110.00 1001 43328 08/07/24 11179 R G EQUIPMENT 6200 5200 SUPPLIES-ST 0.00 264.86 1001 43329 08/07/24 10288 SMART & FINAL 6400 5110 SUPPLIES-SN CTR 0.00 61.63 1001 43329 08/07/24 10288 SMART & FINAL 6400 5110 SUPPLIES-SN CTR 0.00 174.69 1001 43329 08/07/24 10288 SMART & FINAL 6400 5110 SUPPLIES-SN CTR 0.00 223.41 TOTAL CHECK 0.00 459.73
1001 43331 08/07/24 14358 SPARKLETTS 6020 5121 WTR SVC JUL24-ADMIN 0.00 147.34 1001 43331 08/07/24 14358 SPARKLETTS 6120 5121 WTR SVC JUL24-PD 0.00 147.34 8 Section 8, Item A.

SUPERION PAGE NUMBER: 4
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT TOTAL CHECK 0.00 294.68
1001 43332 08/07/24 10763 SUNBELT RENTALS 6200 5182 TRAILER RENTAL-ST 0.00 524.83 1001 43333 08/07/24 12791 THE MOWERS EDGE 6260 5200 SUPPLIES-PARKS 0.00 146.13 1001 43335 08/07/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 7.54 1001 43335 08/07/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 58.50 1001 43335 08/07/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 64.13 1001 43335 08/07/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 80.21 TOTAL CHECK 0.00 210.38
1001 43336 08/07/24 10725 VERIZON WIRELESS 6170 5160 PHONES 6/24-7/23 0.00 176.08 1001 43339 08/14/24 11689 A & C TIRE SERVICE 6200 5205 DUMP TRUCK RPR-ST 0.00 20.00 1001 43339 08/14/24 11689 A & C TIRE SERVICE 6200 5205 RAM 1500 REPAIR-ST 0.00 20.00 1001 43339 08/14/24 11689 A & C TIRE SERVICE 6200 5205 FORKLIFT TIRES-ST 0.00 711.21 TOTAL CHECK 0.00 751.21
1001 43340 08/14/24 10007 ALERT-O-LITE, INC 6200 5202 SUPPLIES-ST 0.00 79.94 1001 43341 08/14/24 14519 AMAZON CAPITAL SERV 6025 5110 SUPPLIES-CLERK 0.00 38.56 1001 43341 08/14/24 14519 AMAZON CAPITAL SERV 6200 5195 SUPPLIES-ST 0.00 91.08 1001 43341 08/14/24 14519 AMAZON CAPITAL SERV 6020 5121 SUPPLIES-ADMIN 0.00 91.08 1001 43341 08/14/24 14519 AMAZON CAPITAL SERV 6400 5110 SUPPLIES-REC 0.00 305.08 TOTAL CHECK 0.00 525.80
1001 43344 08/14/24 10070 COUNTY OF FRESNO TR 6010 5110 SOC PROGRAM MAY24 0.00 134.79 1001 43344 08/14/24 10070 COUNTY OF FRESNO TR 6010 5110 SOC INVITE MAR24 0.00 308.08 1001 43344 08/14/24 10070 COUNTY OF FRESNO TR 6010 5110 PLAQUES EAD JUN24 0.00 316.05 TOTAL CHECK 0.00 758.92
1001 43345 08/14/24 14905 CREEK MANUFACTURING 6200 5130 UNIFORMS-ST 0.00 438.35 1001 43345 08/14/24 14905 CREEK MANUFACTURING 6260 5130 UNIFORMS-PARKS 0.00 438.35 TOTAL CHECK 0.00 876.70
1001 43346 08/14/24 14162 DANIEL FRAIJO 6400 5110 BAND WNAP 8/14-REC 0.00 500.00 1001 43347 08/14/24 14993 DAVIS EQUIPMENT INC 6260 5205 SUPPLIES-PARKS 0.00 392.35 1001 43348 08/14/24 10114 FOWLER BUTANE SERVI 6200 5200 PROPANE FORKLIFT-ST 0.00 14.70 1001 43349 08/14/24 10488 FOWLER UNIFIED SCHO 6200 5210 FUEL JUL24-ST 0.00 525.09 1001 43349 08/14/24 10488 FOWLER UNIFIED SCHO 6260 5210 FUEL JUL24-PARKS 0.00 718.31 1001 43349 08/14/24 10488 FOWLER UNIFIED SCHO 6160 5210 FUEL MAY24-BLDG 0.00 77.48 1001 43349 08/14/24 10488 FOWLER UNIFIED SCHO 6260 5210 FUEL MAY24-PARKS 0.00 486.69 1001 43349 08/14/24 10488 FOWLER UNIFIED SCHO 6200 5210 FUEL MAY24-ST 0.00 760.12 TOTAL CHECK 0.00 2,567.69
1001 43350 08/14/24 10475 FRESNO COUNTY GRAPH 6020 5220 PRINT MARES-ADMIN 0.00 45.25 1001 43350 08/14/24 10475 FRESNO COUNTY GRAPH 6025 5220 PRINT MOLINA-CLERK 0.00 45.25 TOTAL CHECK 0.00 90.50
9 Section 8, Item A.

SUPERION PAGE NUMBER: 5
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43351 08/14/24 15061 JB ELECTRIC 6200 5710 POWER SUPPLY-ST 0.00 980.00 1001 43352 08/14/24 10203 MID VALLEY PACKAGIN 6260 5203 SUPPLIES-PARKS 0.00 1,632.19 1001 43353 08/14/24 14479 RG POWER 6260 5200 SUPPLIES-PARKS 0.00 74.25 1001 43354 08/14/24 12918 SELMA AUTO MALL 6120 5205 OIL CHANGE #45-PD 0.00 101.04 1001 43356 08/14/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 26.55 1001 43356 08/14/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 157.10 TOTAL CHECK 0.00 183.65
1001 43357 08/14/24 13031 TRU-TRAILERS INC 6200 5710 GR DUMP TRAILER-ST 0.00 13,000.00 1001 43358 08/14/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 80.68 1001 43358 08/14/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 95.95 TOTAL CHECK 0.00 176.63
TOTAL CASH ACCOUNT 0.00 48,283.86
TOTAL FUND 0.00 48,283.86
10 Section 8, Item A.

SUPERION PAGE NUMBER: 6
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 201 - DISTRICT SALES TAX

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43337 08/07/24 14519 AMAZON CAPITAL SERV 2010 5715 SUPPLIES-PD 0.00 115.00 1001 43359 08/14/24 13117 VINCENT COMMUNICATI 2010 5715 ANTENNAS RADIO-PD 0.00 225.67 TOTAL CASH ACCOUNT 0.00 340.67
TOTAL FUND 0.00 340.67
11 Section 8, Item A.

SUPERION PAGE NUMBER: 7
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 212 - ARPA FUNDING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43360 08/14/24 14634 DEWBERRY ARCHITECT 2120 5710 WATER TOWER 0.00 571.20 TOTAL CASH ACCOUNT 0.00 571.20
TOTAL FUND 0.00 571.20
12 Section 8, Item A.

SUPERION PAGE NUMBER: 8
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 225 - LTF - ARTICLE 8

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43305 08/07/24 14131 SWEEPING CORP OF AM 2250 5220 SWEEP WST MGT JUL24 0.00 850.00 1001 43305 08/07/24 14131 SWEEPING CORP OF AM 2250 5220 STREET SWEEP JUL24 0.00 3,500.00 TOTAL CHECK 0.00 4,350.00
1001 43323 08/07/24 10237 P G & E - SACRAMENT 2250 5170 MERCED/8TH 7/26/24 0.00 66.27 1001 43323 08/07/24 10237 P G & E - SACRAMENT 2250 5170 GLDST/MAN SIG 7/26/ 0.00 114.40 1001 43323 08/07/24 10237 P G & E - SACRAMENT 2250 5170 ADAMS&GLDNST 7/28/2 0.00 117.54 1001 43323 08/07/24 10237 P G & E - SACRAMENT 2250 5170 700 MERCED #A 7/26/ 0.00 1,342.39 1001 43323 08/07/24 10237 P G & E - SACRAMENT 2250 5170 1100 N MANN 7/26/24 0.00 14.29 1001 43323 08/07/24 10237 P G & E - SACRAMENT 2250 5170 300 W MERCED 7/26/2 0.00 35.01 TOTAL CHECK 0.00 1,689.90
TOTAL CASH ACCOUNT 0.00 6,039.90
TOTAL FUND 0.00 6,039.90
13 Section 8, Item A.

SUPERION PAGE NUMBER: 9
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 255 - STATE GRANT AB178

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43338 08/07/24 14634 DEWBERRY ARCHITECT 2550 5710 DESIGN-PD/SN CTR 0.00 40,564.95 TOTAL CASH ACCOUNT 0.00 40,564.95
TOTAL FUND 0.00 40,564.95
14 Section 8, Item A.

SUPERION PAGE NUMBER: 10
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 259 - MANNING RR CROSSING

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43326 08/07/24 12060 PETERS ENGINEERING 2590 5710 20-056.1 RR CROSS 0.00 28,650.00 TOTAL CASH ACCOUNT 0.00 28,650.00
TOTAL FUND 0.00 28,650.00
15 Section 8, Item A.

SUPERION PAGE NUMBER: 11
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 500 - WATER

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLIES-WTR 0.00 17.64 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 5000 5195 SUPPLIES-WTR 0.00 43.22 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLIES-WTR 0.00 87.17 1001 43298 08/07/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLIES-WTR 0.00 27.04 TOTAL CHECK 0.00 175.07
1001 43300 08/07/24 13635 BARNES WELDING SUPP 5000 5200 SUPPLIES-WTR 0.00 35.06 1001 43300 08/07/24 13635 BARNES WELDING SUPP 5000 5200 SUPPLIES-WTR 0.00 30.55 TOTAL CHECK 0.00 65.61
1001 43303 08/07/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING JUL24 0.00 208.45 1001 43309 08/07/24 14245 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 0.64 1001 43310 08/07/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 5.85 1001 43310 08/07/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 8.27 1001 43310 08/07/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 12.07 1001 43310 08/07/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 23.23 1001 43310 08/07/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 27.88 1001 43310 08/07/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 41.10 1001 43310 08/07/24 14247 FOWLER ACE HARDWARE 5000 5121 SUPPLIES-WTR 0.00 51.20 TOTAL CHECK 0.00 169.60
1001 43322 08/07/24 14843 O'REILLY AUTO PARTS 5000 5205 SUPPLIES-WTR 0.00 55.29 1001 43323 08/07/24 10237 P G & E - SACRAMENT 5000 5170 325 S 5TH 7/26/24 0.00 2,781.17 1001 43323 08/07/24 10237 P G & E - SACRAMENT 5000 5170 WELL SITE 8 7/29/24 0.00 7,410.16 1001 43323 08/07/24 10237 P G & E - SACRAMENT 5000 5170 WELL SITE 7 7/29/24 0.00 20,621.08 TOTAL CHECK 0.00 30,812.41
1001 43324 08/07/24 14513 PAC-AIR INC. 5000 5190 A/C MAINT-WTR 0.00 1,248.50 1001 43330 08/07/24 15071 SOBAJE PROPERTY GRO 500 2050 UB REFUND 0.00 81.55 1001 43334 08/07/24 10327 UNDERGROUND SERVICE 5000 5176 STATE FEE JUL24-JUN 0.00 481.28 1001 43335 08/07/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 58.49 1001 43341 08/14/24 14519 AMAZON CAPITAL SERV 5000 5195 SUPPLIES-WTR 0.00 91.09 1001 43342 08/14/24 10024 BSK ASSOCIATES 5000 5310 WATER TESTING 0.00 280.00 1001 43345 08/14/24 14905 CREEK MANUFACTURING 5000 5130 UNIFORMS-WTR 0.00 438.35 1001 43349 08/14/24 10488 FOWLER UNIFIED SCHO 5000 5210 FUEL MAY24-WTR 0.00 1,031.79 1001 43349 08/14/24 10488 FOWLER UNIFIED SCHO 5000 5210 FUEL JUL24-WTR 0.00 1,033.64 TOTAL CHECK 0.00 2,065.43
1001 43355 08/14/24 15072 SHEA, JUANITA 500 2050 UB REFUND 0.00 74.53 1001 43358 08/14/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 95.94 16 Section 8, Item A.

SUPERION PAGE NUMBER: 12
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 500 - WATER

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT TOTAL CASH ACCOUNT 0.00 36,402.23
TOTAL FUND 0.00 36,402.23
17 Section 8, Item A.

SUPERION PAGE NUMBER: 13
DATE: 08/15/2024 CITY OF FOWLER ACCTPA21
TIME: 11:35:26 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43298' and '43360' ACCOUNTING PERIOD: 2/25
FUND - 502 - GROUNDWATER/CID

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43343 08/14/24 10910 CITY OF SANGER 5020 5220 SKGSA 24-25 0.00 464,954.00 TOTAL CASH ACCOUNT 0.00 464,954.00
TOTAL FUND 0.00 464,954.00
TOTAL REPORT 0.00 625,806.81
18 Section 8, Item A.

CITY COUNCIL MEETING
TUESDAY, AUGUST 06, 2024 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Parra called the Council Meeting to order at 6:01 p.m.

2. ROLL CALL

PRESENT
Daniel Parra
Juan Mejia
Amarjeet Gill
Leonard Hammer
ABSENT
Karnig Kazarian (arrived at 6:02 p.m.)
Staff Present: Interim City Manager Gaffery, City Attorney Cross, Fresno County Fire Protection District Battalion Chief Dominguez, Recreation Supervisor Hernandez, City Planner Marple, Finance Director Moreno, City Engineer Park, Police Chief Reid, Public Works Director Rocha, and City Clerk Vasquez.

3. APPROVAL OF AGENDA
Item 11A will be heard between items 6 and 7.

6. CEREMONIAL PRESENTATIONS
A. Swearing-In and Promotion of Fowler Police Officers

7. PUBLIC COMMENT
No members of the public spoke.

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

Voting Yea: Parra, Gill, Hammer

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

10. GENERAL ADMINISTRATION
City Clerk
10A. PROVIDE staff direction on voting delegates and alternates for League of California Cities Annual Conference.

Council directed staff to list Councilmember Gill as the voting delegate and Mayor Parra as the alternate and to bring the item back for Council approval at the August 20th Council Meeting.

Personnel
10B. APPROVE Resolution No. 2739 adopting the salary classification schedule.

One member of the public spoke.

Motion made by Gill, Seconded by Kazarian.

Voting Yea: Parra, Mejia, Hammer
Finance
10C. RECEIVE AND FILE an update on American Rescue Plan Act funding and PROVIDE STAFF DIRECTION.

One member of the public spoke.

Public Works
10D. APPROVE an Agreement with AVEVA Select of California for domestic well SCADA Modernization in the amount of $328,035.17 and authorize the Interim City Manager to negotiate and execute the Agreement.

One member of the public spoke.

Motion made by Hammer, Seconded by Gill.

Voting Yea: Parra, Mejia, Kazarian

11. STAFF COMMUNICATIONS
11A. WORKSHOP by Caltrans Staff on Ongoing and Upcoming Projects 11B. Update on Tract 6381
Updates were provided by Interim City Manager Gaffery, Public Works Director Rocha, Recreation Supervisor Hernandez, City Clerk Vasquez, and Police Chief Reid.

12. COUNCILMEMBER REPORTS AND COMMENTS
Updates were provided by Councilmember Kazarian and Mayor Pro-Tem Mejia. 20 Section 8, Item B.

13. CLOSED SESSION
Government Code Section 54956.9(d)(4)
Conference with legal counsel - Anticipated Litigation
Deciding whether to initiate litigation
Two potential cases
Government Code Section 54957.6
Conference with Labor Negotiators
Agency designated representatives: City Attorney and Interim City Manager Unrepresented employees: Interim City Manager, Assistant City Manager, City Clerk/Personnel Manager, Community & Economic Development Director, Finance Director, Fire Chief, Police Chief, Public Works Director, Public Works Supervisor, Recreation & Senior Center Supervisor
Government Code Section 54956.8
Property: 343-233-02ST & 343-233-03ST
Agency Negotiator: Thomas W. Gaffery IV, Interim City Manager Negotiating Party: Qawadri LLC, Rakkar Development and Construction Under Negotiation: Terms of Disposition and Development Agreement Government Code Section 54957
Public Employee Appointment/Employment
Title: City Manager
The Council Meeting went into closed session at 7:23 p.m.

14. RECONVENE INTO OPEN SESSION AND REPORT ACTION
The Council Meeting reconvened into open session at 7:58 p.m.

No reportable action was taken on any of the closed session items.

15. ADJOURN
Having no further business, the Council Meeting adjourned at 7:59 p.m. 21 Section 8, Item B.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 20, 2024
FROM: MICHAEL REID, Chief of Police
SUBJECT: APPROVE the purchase of a 2024 Ford F150 Pickup from Swanson-Fahrney Ford of Selma in the amount of $52,692.71 and authorize the Interim City Manager to execute the purchase.

EXECUTIVE SUMMARY
This action authorizes the purchase of a new police patrol vehicle.

BACKGROUND
On June 4, 2024, the City Council approved the Fiscal Year 2024-25 Budget which included funding for a new police vehicle utilizing Measure N funds. Both Ford and Dodge have significantly reduced the production of pursuit-rated law enforcement vehicles. The estimated wait time for a 2024 Dodge Durango is approximately 30 months. As a result of these delays, staff intend to purchase a pursuit-rated, F-150 crew cab pickup truck as part of the patrol fleet.

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

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

GENERAL PLAN CONSISTENCY
This action is consistent with:

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

FISCAL IMPACT
The purchase of the police vehicle will be funded through Measure N. The operations and 22 Section 8, Item C.
maintenance of this vehicle will be absorbed into the vehicle maintenance line item in the existing Police Department approved 2024-2025 budget.

PROCUREMENT PROCESS
Consistent with the purchasing policy, this purchase falls within the sole source purchase exception where commodities and services which can be obtained from only one vendor are exempt from competitive bidding. The City of Fowler has purchased police vehicles from Swanson-Fahrney Ford in the past and it is the only vendor in the Central Valley that has this pursuit-rated vehicle for purchase.

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

Attachments
- Purchase information & vehicle window sticker from Swanson-Fahrney Ford 23 Section 8, Item C.
24 Section 8, Item C.
25 Section 8, Item C.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 20, 2024
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Human Resources Officer SUBJECT: APPROVE Resolution No. 2740 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. 2733

BACKGROUND
The City Council approved the City’s Employee Benefits Handbook on July 16, 2024 with the exception of Section 12(c)4. Revisions to the updated Employee Benefits Handbook include modifications on how unused administrative leave is paid out upon separation from City service for eligible employees.

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
The administrative leave pay out will reduce the City’s long-term liability.

PROCUREMENT PROCESS
This action is not associated with the procurement process.

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

Attachments
- Resolution No. 2740
- Employee Benefits Handbook
26 Section 8, Item D.

RESOLUTION NO. 2740

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

APPROVING UPDATED EMPLOYEE BENEFITS HANDBOOK
WHEREAS, the City Council, on July 16, 2024, by approval of Resolution No. 2733, 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. 2733 and be effective beginning on September 1, 2024.

PASSED, APPROVED AND ADOPTED on August 20, 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
27 Section 8, Item D.

CITY OF FOWLER

EMPLOYEE BENEFITS HANDBOOK
28 Section 8, Item D.

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...................................................................................................................21 SECTION 15. AUTOMOBILE ALLOWANCE....................................................................................................22 SECTION 16. RETIREMENT AND RETIREES. .................................................................................................23 SECTION 17. UNIFORMS & EQUIPMENT…………………………………………………………………………………………………24 SECTION 18. WATER DIVISION ON-CALL STIPEND ……………………….…………………………………………………………25 SECTION 19. ONE-TIME CASH-OUT………………………………………………………………………………………………………..26 SECTION 20. ANNUAL LEAVE CASH-OUT PROGRAM …………………………………………………………………………..…27 29 Section 8, Item D.

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. 30 Section 8, Item D.

(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. 31 Section 8, Item D.

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.
32 Section 8, Item D.

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.
33 Section 8, Item D.

(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. 34 Section 8, Item D.

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.
35 Section 8, Item D.

SECTION 5. MILITARY LEAVE.

Military Leave for City employees shall be granted in accordance with State and Federal law. 36 Section 8, Item D.

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.
37 Section 8, Item D.

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. 38 Section 8, Item D.

(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. 39 Section 8, Item D.

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. 40 Section 8, Item D.

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 3 years 6.67 hours per month
II Over 3 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.
(1) Employees with less than 10 years of service. The maximum hours of vacation leave an employee with less than 10 years of service 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.
(2) Employees with over 10 years of service. The maximum hours of vacation leave an employee with over 10 years of service may accumulate or accrue at any one time is 420 hours.

No additional vacation leave shall accrue beyond 420 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. 41 Section 8, Item D.

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. 42 Section 8, Item D.

(b) Holiday Schedule. Each year, the Personnel Officer shall create a Holiday Schedule for the purpose of addressing holidays falling on weekends. (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.
43 Section 8, Item D.

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. 44 Section 8, Item D.

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 Upon Separation. Administrative Leave is not eligible for any “buyback” provisions and upon separation from City service. Any Unused Administrative Leave shall be paid as a lump sum (up to a pro-rated maximum) upon separation from City service. The prorated maximum shall be calculated by dividing the hours of Administrative Leave granted on July 1 by the number of pay periods, and then multiplying that result by the number of pay periods worked by the separating employee during the fiscal year of separation. (5) Usage. Employees may request use of Administrative Leave consistent with Section 9 of this Resolution.
45 Section 8, Item D.

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.
(1) Annual Evaluations for Full-Time Employees. All full-time employees shall receive an annual written performance evaluation on or around the anniversary of either their hire date or the anniversary of the appointment date to their current position if appointed to a new position after the 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. (c) Salary.
(1) Salary Resolution. Salaries are adopted by a separate Salary Resolution. (2) Skill Ranges. Certain full-time classifications are comprised of Skill Ranges. The City Manager may appoint a new employee to any classification within a Skill Range, or promote an employee to a higher classification within a Skill Range. To do so, the employee must meet the minimum qualifications of the classification, and there must be an operational need for appointment to the higher classification.
(3) Salary Step Placement. After completion of an annual performance evaluation as described above, 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 the anniversary of either the employee’s hire date or the anniversary of the appointment date to the employee’s current position if appointed to a new position after the hire date. (4) 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 46 Section 8, Item D.

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.
47 Section 8, Item D.

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”). 48 Section 8, Item D.

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.
49 Section 8, Item D.

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.
50 Section 8, Item D.

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 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. 51 Section 8, Item D.

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.
52 Section 8, Item D.

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 calendar transition. The Personnel Officer shall implement procedures for implementation of this section. 53 Section 8, Item D.

SECTION 20. ANNUAL LEAVE CASH-OUT PROGRAM.
(a) Sick. Employees may cash out up to 16 hours of sick leave on November 15th of each year, provided that the employee’s sick leave balance is at least 96 hours after the cash out. (b) Vacation or Administrative Leave. Employees may cash out up to 32 hours of any combination of vacation or administrative leave on November 15th of each year, provided that the employee’s vacation leave balance is at least 80 hours after the cash out. (c) Implementation. The Personnel Officer shall implement procedures for implementation of this section.
54 Section 8, Item D.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 20, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: Award Golden State Boulevard Bike and Pedestrian Trail from Manning Avenue to Merced Street to Don Berry Construction in the amount of $840,583 and authorize the Interim City Manager to sign the project agreement.

EXECUTIVE SUMMARY
Staff recommends awarding the Golden State Boulevard Bike and Pedestrian Trail from Manning Avenue to Merced Street to Don Berry Construction which would construct 2.15 miles of a shared use path along the west side of Golden State Boulevard to provide a Class I bike path for both pedestrians and cyclists.

BACKGROUND
The City of Fowler was awarded two separate Congestion Mitigation and Air Quality Improvement (CMAQ) Grants (CML 5173-025 and CML 5173-030) to design and construct a Class I Bike and Pedestrian Path from Merced Street to Manning Avenue. The project will construct 2.15 miles of a separated shared use path that can be used by pedestrians, cyclists, and other non-motorized wheeled modes to travel from Merced Street to Manning Avenue. At the time of bid the construction funds available was $438,085 which included a local match of $24,100.

April 23, 2024, the City held a bid opening for construction bids on this project. The lowest responsive bidder was Don Berry Construction at $815,212.50. Therefore, to make up for the significant gap in funding, the City coordinated with the Golden State Corridor project funded by the FCTA (Measure C) to provide the gap in funding. In this gap funding request, the City also included an additional $25,370.40 to cover the additional labor and materials storage cost caused by the delay in construction.

In coordination with FCTA, the City executed a Cooperative Project Agreement to gain additional funding to make up for the shortfall. The City Council approved this agreement at the August 6, 2024 City Council meeting, which was subsequently approved by the FCTA Board on August 14, 2024. The City Staff has secured all the construction funding required and requests approval from the City Council to award this construction contract.

The shared use path along the westside of Golden State Boulevard from Merced Street to Manning Avenue will provide the following benefits:
55 Section 8, Item E.

1. Enhanced Safety: The shared use path will offer a safe and dedicated space for pedestrians and cyclists, reducing the risk of accidents and improving overall road safety.

2. Improved Connectivity: By linking key areas along Golden State Boulevard, the path will promote non-motorized transportation, encouraging walking and cycling as viable modes of travel.

3. Environmental Benefits: Supporting active transportation options aligns with regional air quality goals by reducing vehicle emissions and promoting healthier lifestyles.

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

ENVIRONMENTAL REVIEW
The proposed Project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1) as the Project proposed to construct minor modifications to existing infrastructure. The Project will install and complete a shared use path along Golden State Boulevard from Merced Street to South Avenue.

GENERAL PLAN CONSISTENCY
This action is consistent with:

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

FISCAL IMPACT
The project was awarded $413,985 in construction funding from a federal CMAQ grant with a required local match of an additional $24,100. However, due to price escalation in recent years, there was a significant gap between available funding and construction bids. Therefore, the Golden State Corridor project funded by the FCTA (Measure C) has provided gap funding of $402,498 to cover the difference. Other than the local match which will be paid out of the local Measure C (Flexible Fund) allotment, all other funds will be reimbursed either by the CMAQ grant or FCTA.

PROCUREMENT PROCESS
This bid was competitively bid and there were five contractors who provided responsive bids.

Don Berry Construction was the lowest bidder for the project.

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

Attachments
- Golden State Boulevard Bike and Pedestrian Trail from Manning to Merced Plans - Golden State Boulevard Bike and Pedestrian Trail from Manning to Merced Bid Summary - Golden State Boulevard Bike and Pedestrian Trail from Manning to Merced Agreement 56 Section 8, Item E.

GOLDEN STATE BIKE/PEDESTRIAN TRAIL MANNING AVE. TO SOUTH AVE. CML 5173 (025) & SOUTH AVE. TO MERCED ST. CML 5173 (030) CITY OF FOWLER DEPARTMENT OF PUBLIC WORKS PLANS FOR CONSTRUCTION OF CITY OF FOWLER PROJECT BENCHMARK “ ” COUNTY NOTES PROJECT LOCATION City ofFowler
THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com BASIS OF BEARING BEGIN PROJECT END PROJECT 57 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 58 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 59 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 60 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 61 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 62 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 63 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 64 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 65 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 66 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 67 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 68 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 69 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 70 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 71 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 72 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 73 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 74 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 75 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 76 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 77 Section 8, Item E.

City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 78 Section 8, Item E.
7 5 E 8 " 6" 6 516 " R1 12 " 6 12 " E 10 18 " FRONT SCALE 1 : 4 4 12 " 89° 1 14 " 4 12 " 12 "7 3 38 " 5 14 " 3 11 16 " 1 14 " 2 " 8 " CONCRETE EMBED LUG SECTION E-E SCALE 1 : 4 T-06 Series Trench Drain (Metro Style Shown) CONC. GUTTER HMA TRAIL 6 9/16" REAR SCALE 1 : 4 PAVEMENT CONC. CURB PERSPECTIVE OF C-646T N.T.S. INSTALLATION DETAIL SCALE 1 : 12 6 1 7/16" 6"
1"
6" 18" 18" 516 " openings 24"openings 516 " Stainless Steel Pentagon Security Bolt Secures Stainless Steel Locking Bar to Frame 6" WIDE CAST IRON GRATES- METRO STYLE W/ Grates furnished in 24" and 18" Standard Lengths PENTA-LOCK ANGLE FRAME 6 14 " Angle 1.5"x1.5"x.25" Lock Bar 3.875" x .375" Nelson Stud Penta-Head Security Bolt CROSS SECTION SCALE 1:4 City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 79 Section 8, Item E.
1 2 3 4 5
Don Berry Construction RJ Berry Construction Seal Rite Paving American Paving HBC Enterprises Total Bid Schedules
1 Bid Schedule A: Manning to South - CML 5173 (025) $496,472.50 $688,930.00 $666,552.45 $947,865.00 $1,008,354.35 2 Bid Schedule B: South to Merced - CML 5173 (030) $318,740.00 $406,285.00 $494,411.73 $586,950.00 $565,794.35 TOTAL BASE BID $815,212.50 $1,095,215.00 $1,160,964.18 $1,534,815.00 $1,574,148.70 CITY OF KINGSBURG - Golden State Blvd Bike/Pedestrin Trail BID SUMMARY - 04/23/2024
80 Section 8, Item E.

Bid Schedule A: Manning to South - CML 5173 (025)
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization, Demobilization, Bonds and Insurance $55,000.00 $55,000.00 $28,000.00 $28,000.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00 2 1 LS Traffic Control System $7,500.00 $7,500.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $51,044.42 $51,044.42 3 1 LS Dust Control $5,000.00 $5,000.00 $500.00 $500.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 4 1 LS Demolition, Clearing, and Grubbing $10,000.00 $10,000.00 $16,000.00 $16,000.00 $20,000.00 $20,000.00 $42,940.67 $42,940.67 5 5,120 CY Earthwork $30.00 $153,600.00 $8.50 $43,520.00 $25.00 $128,000.00 $30.20 $154,624.00 6 3,865 CY Import Borrow $18.00 $69,570.00 $18.50 $71,502.50 $25.00 $96,625.00 $15.00 $57,975.00 7 1,070 TN HMA Type 'A' $110.00 $117,700.00 $104.00 $111,280.00 $124.00 $132,680.00 $169.29 $181,140.30 8 6,535 SF ADA Concrete Curb Ramp $20.00 $130,700.00 $18.00 $117,630.00 $25.00 $163,375.00 $13.50 $88,222.50 9 405 SF ADA HMA Ramp $12.00 $4,860.00 $11.00 $4,455.00 $10.00 $4,050.00 $14.20 $5,751.00 10 1,660 SF Concrete Nonwalkable Surface $10.00 $16,600.00 $21.00 $34,860.00 $20.00 $33,200.00 $16.00 $26,560.00 11 1 LS Trench Drain and Curb Opening $5,000.00 $5,000.00 $9,300.00 $9,300.00 $9,000.00 $9,000.00 $8,800.00 $8,800.00 12 5 EA Adjust Manhole Frames and Covers to Grade $1,500.00 $7,500.00 $1,125.00 $5,625.00 $1,500.00 $7,500.00 $1,252.72 $6,263.60 13 2 EA Adjust Water Valve Frames and Covers to Grade $2,000.00 $4,000.00 $900.00 $1,800.00 $1,000.00 $2,000.00 $1,239.48 $2,478.96 14 3 EA Relocate Fire Hydrant $4,000.00 $12,000.00 $10,000.00 $30,000.00 $13,000.00 $39,000.00 $3,000.00 $9,000.00 15 1 LS Traffic Striping, Pavement Markings & Pavement Markers $5,000.00 $5,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $11,752.00 $11,752.00 16 1 LS Miscellaneous Facilities $5,000.00 $5,000.00 $11,000.00 $11,000.00 $7,500.00 $7,500.00 $5,000.00 $5,000.00 TOTAL BASE BID $609,030.00 $496,472.50 $688,930.00 $666,552.45 Bid Schedule A: Manning to South - CML 5173 (025)
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization, Demobilization, Bonds and Insurance $163,000.00 $163,000.00 $67,500.00 $67,500.00 2 1 LS Traffic Control System $66,000.00 $66,000.00 $44,907.50 $44,907.50 3 1 LS Dust Control $250.00 $250.00 $5,375.00 $5,375.00 4 1 LS Demolition, Clearing, and Grubbing $62,200.00 $62,200.00 $46,300.00 $46,300.00 5 5,120 CY Earthwork $25.00 $128,000.00 $27.48 $140,697.60 6 3,865 CY Import Borrow $32.00 $123,680.00 $72.45 $280,019.25 7 1,070 TN HMA Type 'A' $148.00 $158,360.00 $144.20 $154,294.00 8 6,535 SF ADA Concrete Curb Ramp $19.00 $124,165.00 $15.58 $101,815.30 9 405 SF ADA HMA Ramp $6.00 $2,430.00 $41.38 $16,758.90 10 1,660 SF Concrete Nonwalkable Surface $13.00 $21,580.00 $21.48 $35,656.80 11 1 LS Trench Drain and Curb Opening $3,000.00 $3,000.00 $7,900.00 $7,900.00 12 5 EA Adjust Manhole Frames and Covers to Grade $1,700.00 $8,500.00 $1,430.00 $7,150.00 13 2 EA Adjust Water Valve Frames and Covers to Grade $2,500.00 $5,000.00 $660.00 $1,320.00 14 3 EA Relocate Fire Hydrant $12,000.00 $36,000.00 $9,020.00 $27,060.00 15 1 LS Traffic Striping, Pavement Markings & Pavement Markers $6,000.00 $6,000.00 $6,600.00 $6,600.00 16 1 LS Miscellaneous Facilities $39,700.00 $39,700.00 $65,000.00 $65,000.00 TOTAL BASE BID $947,865.00 $1,008,354.35
#4 #5
American Paving Co. HBC Enterprises
CITY OF FOWLER -Golden State Bike/Pedestrian Trail
#1 #2
Engineer's Estimate Don Berry Construction, Inc. R.J. Berry Jr. Inc. Seal Rite Paving & Grading #3
BID SUMMARY - 04/23/2023
81 Section 8, Item E.

Bid Schedule B: South to Merced - CML 5173 (030)
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization, Demobilization, Bonds and Insurance $30,000.00 $30,000.00 $20,000.00 $20,000.00 $17,000.00 $17,000.00 $5,000.00 $5,000.00 2 1 LS Traffic Control System $7,500.00 $7,500.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $40,024.39 $40,024.39 3 1 LS Dust Control $5,000.00 $5,000.00 $500.00 $500.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 4 1 LS Demolition, Clearing, and Grubbing $10,000.00 $10,000.00 $16,000.00 $16,000.00 $20,000.00 $20,000.00 $32,477.24 $32,477.24 5 2,550 CY Earthwork(F) $30.00 $76,500.00 $8.50 $21,675.00 $25.00 $63,750.00 $36.28 $92,514.00 6 1,825 CY Import Borrow(F) $18.00 $32,850.00 $18.50 $33,762.50 $25.00 $45,625.00 $15.00 $27,375.00 7 855 TN HMA Type 'A' $110.00 $94,050.00 $104.00 $88,920.00 $124.00 $106,020.00 $178.45 $152,574.75 8 30 TN Class II Aggregate Base $65.00 $1,950.00 $75.00 $2,250.00 $75.00 $2,250.00 $118.68 $3,560.40 9 1,730 SF ADA Concrete Curb Ramp $20.00 $34,600.00 $30.00 $51,900.00 $33.00 $57,090.00 $24.00 $41,520.00 10 2,425 SF ADA HMA Ramp $12.00 $29,100.00 $11.00 $26,675.00 $10.00 $24,250.00 $12.89 $31,258.25 11 365 SF Concrete Nonwalkable Surface $10.00 $3,650.00 $21.00 $7,665.00 $20.00 $7,300.00 $16.00 $5,840.00 12 240 LF Concrete Retaining Curb $25.00 $6,000.00 $30.00 $7,200.00 $28.00 $6,720.00 $25.00 $6,000.00 13 215 LF HMA Type 'A' Dike $20.00 $4,300.00 $17.50 $3,762.50 $32.00 $6,880.00 $50.00 $10,750.00 14 110 LF Barrier Fence $55.00 $6,050.00 $113.00 $12,430.00 $90.00 $9,900.00 $182.27 $20,049.70 15 4 EA Concrete Collar for Manhole Frame and Cover $1,500.00 $6,000.00 $1,125.00 $4,500.00 $1,500.00 $6,000.00 $1,200.00 $4,800.00 16 1 LS Traffic Striping, Pavement Markings & Pavement Markers $5,000.00 $5,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $5,668.00 $5,668.00 17 1 LS Miscellaneous Facilities $5,000.00 $5,000.00 $10,500.00 $10,500.00 $7,500.00 $7,500.00 $5,000.00 $5,000.00 TOTAL BASE BID $357,550.00 $318,740.00 $406,285.00 $494,411.73 Bid Schedule B: South to Merced - CML 5173 (030)
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization, Demobilization, Bonds and Insurance $100,000.00 $100,000.00 $67,500.00 $67,500.00 2 1 LS Traffic Control System $48,500.00 $48,500.00 $51,575.00 $51,575.00 3 1 LS Dust Control $250.00 $250.00 $6,018.75 $6,018.75 4 1 LS Demolition, Clearing, and Grubbing $55,500.00 $55,500.00 $30,800.00 $30,800.00 5 2,550 CY Earthwork(F) $29.00 $73,950.00 $24.13 $61,531.50 6 1,825 CY Import Borrow(F) $15.00 $27,375.00 $41.80 $76,285.00 7 855 TN HMA Type 'A' $153.00 $130,815.00 $138.09 $118,066.95 8 30 TN Class II Aggregate Base $151.00 $4,530.00 $169.20 $5,076.00 9 1,730 SF ADA Concrete Curb Ramp $29.00 $50,170.00 $28.87 $49,945.10 10 2,425 SF ADA HMA Ramp $6.00 $14,550.00 $5.91 $14,331.75 11 365 SF Concrete Nonwalkable Surface $12.00 $4,380.00 $0.00 $0.00 12 240 LF Concrete Retaining Curb $31.00 $7,440.00 $21.50 $5,160.00 13 215 LF HMA Type 'A' Dike $34.00 $7,310.00 $39.00 $8,385.00 14 110 LF Barrier Fence $248.00 $27,280.00 $32.63 $3,589.30 15 4 EA Concrete Collar for Manhole Frame and Cover $2,000.00 $8,000.00 $220.00 $880.00 16 1 LS Traffic Striping, Pavement Markings & Pavement Markers $6,000.00 $6,000.00 $1,650.00 $1,650.00 17 1 LS Miscellaneous Facilities $20,900.00 $20,900.00 $65,000.00 $65,000.00 TOTAL BASE BID $586,950.00 $565,794.35
CITY OF FOWLER -Golden State Bike/Pedestrian Trail
BID SUMMARY - 04/23/2023
R.J. Berry Jr. Inc. Seal Rite Paving & Grading
American Paving Co.
#1 #2 #3
#5
HBC Enterprise
#4
Engineer's Estimate Don Berry Construction, Inc.
82 Section 8, Item E.

GOLDEN STATE BIKE/PEDESTRIAN TRAIL:

Manning to South CML 5173 (025) & South to Merced CML 5173 (030)

AGREEMENT
THIS AGREEMENT made at Fowler, in Fresno County, California, by and between

hereinafter called the Contractor, and the City of Fowler hereinafter called the Owner.

WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows:

ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers required for:

GOLDEN STATE BIKE/PEDESTRIAN TRAIL:

MANNING TO SOUTH CML 5173 (025) & SOUTH TO MERCED CML 5173 (030) all in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, and other contract documents relating thereto.

ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to Contractors), the Wage Scale (Prevailing Wages), the Specifications, the Special Provisions, the Plans and Drawings, the Addenda and Bulletins thereto, and the Proposal hereto attached, together with this Agreement including Appendix A (wage rates) and Appendix B (Form 1273), form the contract, and they are as fully a part of the contract a if hereto attached or herein repeated.

All portions of the 2010 Standard Specifications of the State of California, Department of Transportation, which are not in conflict with this contract shall be deemed a part of the specifications as though fully therein set forth. No part of said Special Provisions which is in conflict with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or the manner in which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void.

ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract sum of ($ ) it being
understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached. Payments on account thereof will be made as set forth in the Special Provisions.

ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should, fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate. 83 Section 8, Item E.

GOLDEN STATE BIKE/PEDESTRIAN TRAIL:

Manning to South CML 5173 (025) & South to Merced CML 5173 (030)

In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the work or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by the Engineer.

ARTICLE V. With respect to any work required to be done under this contract, the Contractor will indemnify and hold harmless the City of Fowler, Peters Engineering Group, the UNITED STATES OF AMERICA and all other participating public agencies, whether, or not said agencies are named herein, who have jurisdiction within the areas in which the work is to be performed, and all officers and employees of the Owner, the City, the State, the United States and said other participating agencies, against any and all claims, demands, causes of action, damages, (including damages to the Owner's property or property of the participating agencies), costs or liabilities (including costs, or liabilities of the Owner or the participating agencies with respect to its employees), in law or in equity of every kind and nature whatsoever, directly or proximately resulting from or caused by the performance of the contract, whether such performance by the Contractor, his subcontractor or anyone directly or indirectly employed by him; and the Contractor shall, at his sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Owner, the participating agencies, their officers and employees on any such claim, demand or cause of action, and the Contractor shall pay and satisfy any judgement or decree which may be rendered against the Owner, the participating agencies, their officers and employees in any such suit, action or other legal proceedings.

The Contractor shall furnish the Owner with a Certificate of Insurance, in triplicate, indicating insurance coverage with respect to the liability assumed by the Contractor under the provisions of this Article V, and shall further indicate insurance coverage with minimum limits as shown in either (a.) or (b.) as follows:
a. Bodily Injury Liability $1,000,000 $1,000,000
Each person Each
occurrence
Property Damage Liability $1,000,000 $1,000,000
Each person Aggregate
b. A single limit for Bodily Injury Liability and Property Damage Liability combined of:
$1,000,000, Each occurrence, $1,000,000, Aggregate
Contractor's Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries of damage to underground utilities. The policy shall not contain the so-called "x", "c" or "u" exclusions.

The Certificate of Insurance shall further provide that ten days notice of cancellation or reduction in coverage shall be given the Owner.
84 Section 8, Item E.

GOLDEN STATE BIKE/PEDESTRIAN TRAIL:

Manning to South CML 5173 (025) & South to Merced CML 5173 (030)

An additional Insured Endorsement to the Contractor's Liability insurance policy naming the Owner, the above said agencies and all other participating public agencies (if applicable) and all officers and employees of the above, shall also be furnished in triplicate.

ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-insure shall be provided the Owner.

ARTICLE VII. The Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a payment bond in an amount equal 100% of the contract price, both bonds to be written by a surety company acceptable to the Owner and in the form prescribed by law.

The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court.

ARTICLE VIII. Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provisions of the contract, including an action pursuant to Public Contract Code Section 20104.4, the prevailing party shall be entitled to recover reasonable attorney's fees and all costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful
ARTICLE IX. Time is of the essence. The improvement and work contemplated in the performance of this contract is predicated on sufficient suitable weather conditions during the contract period (after the notice to proceed), it is agreed that the contract may be credited additional days as provided in the specifications, but no additional monetary compensation.

Any such delay shall be documented and processed on the standard change order form.

IN WITNESS WHEREOF, they have executed this Agreement this day of _____________________, 20____.

City of Fowler
(Owner) (Contractor)
By:

Wilma Tucker, City Manager (Taxpayer Federal I.D. No.)

ATTEST:

By:

Angela Vasquez, City Clerk

Title
Thomas W. Gaffery IV, Interim City Manager
85 Section 8, Item E.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 20, 2024
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPOINT Councilmember Amarjeet Gill as the voting delegate and Mayor Parra as the alternate voting delegate for the 2024 League of California Cities General Assembly

EXECUTIVE SUMMARY
This action appoints a voting delegate and alternate voting delegate for the 2024 League of California Cities General Assembly.

BACKGROUND
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. At the August 6, 2024 City Council meeting, Council directed staff to prepare this agenda item for City Council consideration.

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

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

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

FISCAL IMPACT
Staff do not anticipate any fiscal impact due to approval of this action.

PROCUREMENT PROCESS
This action is not associated with the procurement process.

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

Attachments
- none
86 Section 8, Item F.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 20, 2024
FROM: SOO HO PARK, City Engineer
SUBJECT: CONSIDER the Master Encroachment Agreement with unWired Broadband, LLC. and authorize the Interim City Manager to negotiate the agreement, allowing unWired to construct a fiber optic network and establish itself as a franchise utility service provider.

EXECUTIVE SUMMARY
Approving the Master Encroachment Agreement with unWired Broadband, LLC would provide residents and businesses with an additional internet, phone, and video service provider within the City. Additionally, the proposed fiber optic network infrastructure by unWired would offer faster broadband internet service options to residents.

BACKGROUND
unWired Broadband, LLC is seeking to expand its services within the City limits by establishing a comprehensive fiber optic network. This network will provide residents and businesses with enhanced phone, internet, and video services. The agreement allows unWired to utilize public rights-of-way for the installation of their infrastructure, subject to the terms outlined in the encroachment agreement.
unWired plans to provide improved internet speeds of 5 Gigabits per second for both upload and download. They also plan to launch a marketing campaign to educate the public about the prices and new services that will be available to residents should this Master Encroachment Agreement be approved.

Pros:

1. Improved Infrastructure: The fiber optic network will enhance the City's digital infrastructure, providing faster and more reliable internet service.

2. Economic Growth: High-speed internet is critical for attracting new businesses and supporting existing ones, contributing to economic growth.

3. Increased Competition: Introducing another service provider can foster competition, potentially leading to better services and lower prices for consumers.

4. Capital Investment: unWired Broadband, LLC will invest in the necessary infrastructure, reducing the City's financial burden.
87 Section , Item 10A.

5. Enhanced Services: The agreement will provide residents and businesses with access to high-quality phone, internet, and video services.

Cons:

1. Construction Disruptions: The installation of fiber optic infrastructure may cause temporary disruptions, such as road closures and noise.

2. Long-Term Maintenance/Staff Coordination: While unWired will be responsible for maintenance, the City will need to monitor the infrastructure to ensure compliance with the agreement.

3. Aesthetic Impact: Installation of infrastructure, such as above-ground boxes or atgrade handholes, may affect the visual appeal of certain areas.

Summary of key items outlined in the Master Encroachment Agreement:
 All infrastructure improvements will be at the cost of unWired.  If installed improvements conflict with future Capital Improvement Projects (i.e. street, utility, or ADA improvements), unWired will pay the cost to relocate or remove them with a 90-day notice.
 unWired agrees to abide by the intent of the undergrounding utility ordinance, but where it is cost prohibitive to install underground facilities to provide service, unWired will request, on a case-by-case basis, approval from the Public Works Director for exceptions to provide aerial service lines from the nearest existing utility pole.  Reimburse the City for any costs incurred by plan check, permitting, and inspections. As well as the cost of any emergency repairs performed by City Public Works staff for any City facilities affected.

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

ENVIRONMENTAL REVIEW
The proposed Project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to a Class 3 Categorical Exemption as the Project will construct limited numbers of new, small facilities and equipment for public utility extensions throughout the City of Fowler. (Cal. Code Regs., tit. 14, § 15303, subd. (d).)

GENERAL PLAN CONSISTENCY
This action is consistent with:

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

General Plan Goal PF-2
Fowler maintains and manages the orderly and efficient expansion of public facilities, utilities, and community services.
88 Section , Item 10A.

General Plan Policy PF-28
Require that new telecommunications service infrastructure be located appropriately and in a visually unobtrusive way. Telecommunications infrastructure should be located in the right-ofway (ROW) or in an existing easement whenever possible. Larger infrastructure elements, such as cell towers, are not appropriate in the ROW.

FISCAL IMPACT
This is a cost-neutral project for the City. unWired has proposed to reimburse any plan check, permitting, or inspection fees incurred by the City. Additionally, unWired will reimburse any man hours associated with any emergency repairs that may need to be performed by City Public Works staff in the event that City-owned facilities are damaged during construction.

PROCUREMENT PROCESS
No procurement is associated with this action.

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

Attachments
- Master Encroachment Agreement
89 Section , Item 10A.
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MASTER ENCROACHMENT AGREEMENT
THIS MASTER ENCROACHMENT AGREEMENT, (“Agreement”) is made this ___th day of August 2024, by and between unWired Broadband, LLC, hereinafter referred to as “Grantee,” and the City of Fowler, hereinafter referred to as the “City” or “Grantor”.

RECITALS:

This Agreement is made with reference to the following facts:

WHEREAS, Grantee desires to encroach on all public street(s) and/or street right(s) of way (hereinafter collectively “ROW”) under City’s jurisdiction for the purpose of constructing and installing a fiber-to-the-premises infrastructure network (hereinafter “FTTP Network”) and the parties wish to memorialize any such permission and conditions through this Agreement rather than individual permits or approvals; and WHEREAS, the City is willing to exercise its authority in accordance with applicable law to grant the Grantee non-exclusive, revocable (subject to applicable law) permission to encroach on the ROW in the locations approved by the City pursuant to plans approved for the purposes described in this Agreement.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT:

1. Permission to Encroach. Upon the approval of specific construction plans by the City, the City hereby grants the Grantee permission to encroach at the locations described in construction plans in accordance with this Agreement. Encroachments are for the purpose of constructing and/or erecting, installing, maintaining, operating and if necessary, removing an FTTP Network and related facilities. The FTTP Network may consist of underground fiber optic cables, lines, or strands; underground conduits, vaults, access manholes and handholes; electronic equipment; power generators; batteries; pedestals; boxes; cabinets; huts; and other similar facilities (hereinafter “Network Facilities”). A general route and proposed design of Grantee’s FTTP Network is attached hereto as Exhibit A and is incorporated by reference herein. Grantee understands and agrees that, notwithstanding any language in this Agreement to the contrary, the City grants permission only to the extent authorized by law and the terms of the conveyance of the right-of-way, fee, or other property interest to the City in the ROW or public street. Nothing in this Agreement shall constitute or create an assignment to Grantee by the City of any license held by the City or of any rights under any license held by the City. Nothing herein contained shall be construed to confer on Grantee an exclusive right to encroach on ROW, Public Utility Easements (“PUE”) or public streets or confer any rights to any third party. This Agreement also does not grant usage of City poles or conduits by the Grantee.
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2. Pre-Existing Interests. This Agreement and the rights granted hereto are subordinate and subject to the City’s continuing right to use and control the ROW in accordance with the law of the State (as hereinafter defined).

Nothing in this Agreement shall be interpreted to restrict, impair, or affect the City’s right to construct, install, operate, maintain, repair, or remove roadways, sewers, water pipes, storm drains, gas pipes, utility poles, overhead and underground electric lines, and any other associated facilities or utility and municipal uses.

Grantee’s rights are subject to all pre-existing easements, restrictions, conditions, covenants, claims of title and other property interests in the ROW. Grantee shall obtain any permission or rights necessary to accommodate such pre-existing property interests.

3. Permits. Grantor hereby agrees that to the extent that Grantee is required to obtain any permits in connection with the construction and maintenance of the Network Facilities, the City shall take reasonable action to facilitate the expedited approval of such permits.

4. Grantee’s Obligations. The Grantee, its contractors, employees, agents, successors, and assigns shall:
(a) Take commercially reasonable steps to ensure that any activity or operation by Grantee will not interfere with, damage, disrupt, or interrupt any utility located in the ROW, above or below ground. (b) Notify the City at least three (3) business days prior to commencing work at a City ROW location and at least two (2) calendar days before work begins, and take reasonable steps to notify residents of buildings in the area of the affected ROW that work will be performed. Grantee shall not begin work until approval to proceed has been provided by the City and Grantee has obtained an Underground Service Alert ticket. Approval may be provided through electronic mail and shall not be unreasonably withheld. Approvals will be provided by the City’s Public Works Director, or their designee, and if such representative does not respond within fifteen (15) business days of receiving Grantee’s request to begin work, the City shall be deemed to have approved such work. (c) Provide proper traffic control devices in conformance with the latest California Manual on Uniform Traffic Control Devices for Streets and Highways (“CA MUTCD”), including but not limited to signs, signal lights, and flagmen for the protection of traffic and amendments or supplements thereto during any installation or maintenance of the Network Facilities pursuant to this Agreement. Grantee shall provide at least five (5) business days’ notice to the City of any work which will require lane closure or traffic control measures lasting more than twenty-four (24) hours. Grantee shall follow all federal, state, and local accessibility regulations, including the CA MUTCD and the Americans with Disabilities Act.
(d) Install, operate, repair and maintain the Network Facilities at Grantee’s sole cost and expense and in accordance with federal, state, and local law. Construction, installation, operation, and maintenance 91 Section , Item 10A.
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of Network Facilities shall not permanently or materially endanger, inhibit, prevent, or interfere with:
(i) the use of a ROW as a way of passage, (ii) traffic on any ROW, (iii) the maintenance of any ROW, (iv) operation or maintenance of any City-owned infrastructure located within or adjacent to the ROW, including but not limited to electric lines or poles, underground fiber, water, storm sewer, or sewer lines, or (v) the operation or maintenance of any other infrastructure or equipment lawfully located within the ROW.
(e) In the event Grantee damages any existing gas, electric, communications, water, sewer, or other utility facilities (“Critical Infrastructure”), Grantee shall immediately cease work and notify the City and the affected utility company of the damage. Grantee agrees to reimburse City for all associated costs, including staff time at the City’s rate paid to the employee for such damages to Critical Infrastructure. Grantee will use commercially reasonable efforts to repair damage to any Critical Infrastructure as soon as possible after the discovery of such damage and Grantee will not resume work where damage has occurred until the City determines that the danger to the public and the utility facilities has been eliminated, or if Grantee cannot repair the damage to Critical Infrastructure in a timeframe acceptable to the City, City shall have the right to perform the work, cause a third party to perform the work, or both, in which case Grantee agrees to reimburse City for such work, including City staff time at the rate paid to the employee.
(f) In the event Grantee causes any damage other than damage to Critical Infrastructure, then Grantee will take commercially reasonable actions to repair such damage or to coordinate with the applicable property owner to cause the repair of such damage, at its cost, within ten (10) business day of discovery of such damage, provided, however, that if the nature of such repairs requires additional time, then Grantee shall have additional time to repair. (g) Repair any damage to the ROW, all City-owned infrastructure, and all other areas materially disturbed during installation, operation, repair and maintenance of the Network Facilities, including but not limited to pavement, sidewalk, curb and gutter, drainage systems, signs, pavement markings, underground fiber, utility poles, electric lines, and water or sewer lines, and shall restore same to the condition existing prior to Grantee’s disturbance, re-establishing grass cover with seeding and spreading of straw for finishing, all to the City’s reasonable satisfaction which shall be based on the industry standards for such activity.
(h) Comply with all City ordinances, rules, and regulations regarding stormwater discharge and soil erosion and sedimentation control.
92 Section , Item 10A.
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(i) Reimburse City for any reasonable, out-of-pocket costs or expenses of City, including staff time at the City’s rate paid to the employee, for: (i) any repairs or maintenance to the ROW, any City-owned infrastructure, or other City-owned structures resulting from or related to Grantee’s gross negligence or willful misconduct in performing the installation, operation, maintenance, repair, or existence of the Network Facilities or (ii) plan review or inspection of any repair work performed by Grantee, following receipt of invoices from the City detailing those costs and/or expenses, including supporting documentation evidencing them, if requested and available. (j) In the event that City, its employees, agents, or contractors, in City’s reasonable discretion, need to conduct work in the ROW for a legitimate governmental purpose that will conflict with the Network Facilities, Grantee shall within a commercially reasonable time, remove or alter the Network Facilities at Grantee’s cost so long as the Grantor uses commercially reasonable efforts not to interfere or damage the Network Facilities and provides written notice of such requirement to Grantee. In the event of a public emergency that creates an imminent threat to the health, safety, or property of the City or its residents, the City may remove or relocate any applicable Network Facilities without notice to Grantee, provided, however, that City will make best efforts to provide prior notice to Grantee before making an emergency removal or relocation. City will provide Grantee a detailed description of any emergency removals or relocations of Network Facilities. If Grantee abandons any portion of its Network Facilities, Grantee shall notify the City and remove the Network Facilities at Grantee’s expense, provided, however, that City and Grantee shall discuss whether underground facilities may be abandoned in place or transferred to City at the mutual agreement of Grantee and City. (k) Understand and agree that damage or destruction may occur to Network Facilities and other property of Grantee in the course of City’s operations and that City has no obligation to take extraordinary measures to protect Grantee, Grantee’s property, or Network Facilities or to minimize, mitigate, or avoid any such damage; and release, waive, and discharge any legal rights or claims to seek payment or relief of any kind from the City, its elected officials, boards, commissions, contract city staff, and employees, for any damages resulting from City’s operations, maintenance, or other use of the ROW under its prior and continuing right to use the ROW.
(l) Understand and agree that permission provided by this Agreement is non-exclusive, that additional encroachments by others may currently exist and be permitted in the future in the ROW (“Third-Party Encroachments”), and that City is not liable for any damage to Network Facilities that arise from the installation, operation, maintenance, or existence of Third-Party Encroachments; and that any recourse for such damage must be from the Third-Party Encroacher. 93 Section , Item 10A.
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(m) Release, waive, and discharge any legal rights to seek payment or relief of any kind from the City, its elected officials, boards, commissions, contract city Staff, and employees, (collectively “City Representatives”), for any damages due to or resulting from Third Party Encroachments; hold the Representatives harmless from any and all liability arising out of the construction, installation, maintenance, repair, or existence of the Network Facilities and associated restoration activities in the ROW; that it will defend the City representatives, and pay reasonable attorney fees in any and all actions brought as a result of such; and that it will indemnify the City Representatives against any and all loss sustained by reason of negligence, recklessness, or intentional wrongful conduct of Grantee arising out of the installation, maintenance, operation, repair, removal, location, or existence of Network Facilities, provided, however, that indemnification relating to personal injury of employees will not apply to any claims made by City’s employees that are covered under applicable workers’ compensation laws, and provided, further, that Grantee’s indemnification obligations and release shall not extend to liability to the extent caused by the negligence or willful misconduct of any indemnitee or its employees, agents, contractors or invitees. (n) Comply with all applicable Federal, State, and local laws and regulations. (o) Maintain valid general liability insurance in the combined single limit (bodily injury and property damage) amount of $3,000,000 general aggregate, commercial automobile liability insurance in the minimum amount of $1,000,000, and provide certificates of such insurance naming the City of Fowler as an additional insured by endorsement to the policies. Grantee shall maintain an umbrella excess policy in the minimum amount of $3,000,000 over primary insurance. Additionally, Grantee shall maintain and show proof of workers’ compensation within state statutory limits and employer’s liability insurance in the minimum amount of $1,000,000.

Notwithstanding the foregoing, neither the requirement of Grantee to have sufficient insurance nor the requirement that the City is named as an additional insured, shall constitute waiver of the City’s governmental immunity in any respect, under state law. All insurance certificates, endorsements, coverage verifications and any other items required pursuant to this Agreement will be sent directly to:

City of Fowler
128 South 5th Street
Fowler, CA 93625
94 Section , Item 10A.
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5. As-Built Maps. Grantee will maintain accurate as-built drawings and maps of its Network Facilities located in the City and provide them to the City upon request and subject to applicable confidentiality protections under the laws of the State.

6. Required Relocation. In the event Grantee’s Network Facilities would interfere with the City’s use of the ROW for a legitimate governmental purpose, including but not limited to, construction or installation of water, sewer, storm sewer, or electric lines, construction of American with Disabilities Act compliant facilities, or construction/relocation of a public road, Grantee will, upon written notice from the City, relocate its Network Facilities at Grantee’s expense to another location in the public ROW as may be agreed upon by the Parties.

Relocation shall occur within a commercially reasonable time period after receiving notice from the City, taking into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances. Notwithstanding the foregoing, City may not require Licensee to relocate or remove its Network Facilities with less than ninety (90) days’ written notice, except in the event of an emergency as described in this Agreement. (See Section 4, subsection (j).)

7. Contractors and Subcontractors. Grantee may retain contractors and subcontractors to perform the work contemplated by this Agreement on behalf of Grantee. Grantee will notify the City in writing of the identity of and contact information for each contractor and subcontractor performing any work for the Grantee in the City prior to commencement of the work by the contractor or subcontractor. The contact information to be provided to the City shall include the contractor’s or subcontractor’s state license information and the name and telephone number of the contractor/subcontractor representative with supervisory authority of the work.

8. Term. This Agreement is effective on the date the last party to sign executes this Agreement (“Effective Date”). The initial term will be twenty (20) years from the Effective Date. At the end of the initial term, the Agreement shall automatically renew for successive five-year terms unless terminated by either party in accordance with this Agreement, or unless superseded by a new or amended agreement. Either Party may terminate this Agreement for convenience upon one hundred eighty (180) days written notice to the other party. Either party may terminate this Agreement upon fifteen (15) business days written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. In the event of termination of this Agreement, the Agreement will nevertheless continue to govern any construction plans approved by the City and that are Exhibits to this Agreement prior to the effective date of termination.

9. Notice. Notices are effective when delivered in person, upon confirmation of receipt when sent by facsimile or electronic mail, on the next business day if transmitted by registered or certified mail, postage prepaid (with confirmation of delivery), on the next business day if transmitted by overnight courier (with confirmation of 95 Section , Item 10A.
50783828.2
delivery), or five (5) calendar days after the date of mailing, whichever is earlier. Notices related to this Agreement shall be sent to:

If to Grantor:

City of Fowler
Thomas W. Gaffery IV
Interim City Manager
128 S 5th Street
Fowler, CA 93625
[email protected]
If to Grantee:

UnWired Broadband, LLC
Peter L. Sorensen, CEO
215 W Fallbrook Ave, Suite 203
Fresno, Ca 93711
Fax: 559-432-2315
[email protected]

10. Utility Poles. Notwithstanding any City ordinance or regulation to the contrary, or anything to the contrary set forth in this Agreement, the City hereby approves of Grantee’s right, in Grantee’s sole discretion, to attach fiber drops, including business drops, to existing utility poles, including poles constructed and/or maintained by existing utility providers with their authorization. If any utility provider elects to bury its poles and infrastructure, Grantee shall be required to bury its fiber drops at its own cost after receipt of written notice from the utility provider. Furthermore, during any time that a utility provider is repairing or replacing existing lines, Grantee shall have the opportunity to construct temporary poles. Grantee will only place fiber drops for businesses after receiving approval on a case-by-case basis from the City’s Public Works Director, or their designee.

11. Fowler Business Park Exception. Notwithstanding Section 1 [Permission to Encroach] of this Agreement, in the area commonly referred to as the “Fowler Business Park”, which is the business district located just south of East South Avenue, bordered on the west by California State Route 99, on the south by Manning Avenue, and on the east by Golden State Blvd, Grantee may appeal to the City’s Public Works Director, or their designee, to gain permission to construct Network Facilities aerially. This exception is due to the sparse nature of passings in the Fowler Business Park area, making construction costs to underground such Network Facilities significantly higher. All aerial construction of Network Facilities in the Fowler Business Park area will use existing utility poles, and no new poles will be installed.

12. Recitals. The Recitals are incorporated by reference herein.

13. Governing Law. This Agreement shall be governed by the laws of the State of California (the “State”) and the parties agree that the proper venue for all suits or actions related to Agreement shall be in Fresno County, California.

14. Assignment. Except as set forth below, neither party may assign or transfer its rights or obligations under this Agreement, in whole or part, to a third party, without the written consent of the other party. Any agreed upon assignee will take the place of the assigning party, and the assigning party will be released from all of its rights and obligations upon such assignment. Notwithstanding the foregoing, Grantee may, upon written notice to and approval of the City (which will not be unreasonably withheld), assign this Agreement and/or any or all of its rights and obligations under this 96 Section , Item 10A.
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Agreement to: (i) any Affiliate (as defined below) of Grantee; (ii) any purchaser of all or substantially all of Grantee’s Network Facilities in City; and (iii) any successor in interest of Grantee’s business operations in City in connection with any merger, acquisition, or similar transaction. For purposes of this Section, the following definitions shall apply:
(a) “Affiliate” means any Person that now or in the future controls, is controlled with or by, or is under common control with Grantee.
(b) “Control” means the ownership, directly or indirectly of 50% or more of the voting power to elect directors thereof or 50% or more ownership interest in such Person, or the power to direct the management of such Person.
(c) “Person” means any individual, corporation, partnership, limited liability company, trust, joint stock company, business trust, unincorporated association, joint venture, governmental authority or other entity.

15. Miscellaneous.
(a) Neither party waives any rights it may have under applicable law with respect to the subject matter of this Agreement, and no breach or non-performance of this Agreement shall be deemed to be waived by either party unless said breach or non-performance is waived in writing and signed by the aggrieved party.
(b) There are no third-party beneficiaries to this Agreement. (c) The undersigned to this Agreement warrants that he/she has the authority to do so and binds the Grantee to the obligations set forth herein.
(d) Grantee acknowledges that records in the custody of City are public records and subject to public records requests unless such records are exempt from disclosures under State law. The burden of claiming an exemption from disclosure shall rest solely with Grantee and Grantee shall comply with the law of the State in asserting any such exemption. The City shall make reasonable efforts to notify Grantee of any requests made for disclosure of documents submitted under any claim of exemption from public records requests, and Grantee may take any appropriate actions, at its own expense, to prevent disclosure of such material.
(e) Nothing contained in this Agreement shall be deemed or construed to restrict or inhibit the City’s police powers or regulatory authority.
(f) No elected official, agent, or employee of the City shall be subject to any personal liability by reason of the execution of this Agreement. Such elected officials, agents, or employees shall be deemed to execute this Agreement in their official capacities only, and not in their individual capacities. (g) Should any portion of this Agreement require judicial interpretation, it is agreed that the court or tribunal construing the same shall not apply a presumption that the terms hereof shall be more strictly 97 Section , Item 10A.
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construed against any one party by reason of the rule of construction that a document is to be more strictly construed against the party who prepared the documents. (h) This Agreement, including any Exhibits and any other attachments, represents the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein. This Agreement may only be amended by written instrument signed by the both parties.
(i) In the event of conflict between the requirements of this Agreement, the City’s ordinances, or the terms of any applicable construction plans, the more restrictive requirements shall apply. (j) Any encroachment pursuant to this Agreement shall not be enlarged or increased beyond that shown in any individual approved construction plans.
(k) Grantee binds itself, its successors, permitted assigns and legal representatives to the terms of this Agreement. In the event Grantee retains subcontractors to perform any activities covered by this Agreement, Grantee shall be and remain responsible for all activities and all required insurance. All entities performing the work must be licensed in the State and bonded contractors. Any subcontractors performing work shall also be required to maintain valid general liability insurance in the combined single limit (bodily injury and property damage) amount of $3,000,000 general aggregate, commercial automobile liability insurance in the minimum amount of $1,000,000. (l) Notwithstanding anything to the contrary set forth in this Agreement, neither Grantor nor Grantee shall be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages in connection with this Agreement. The parties acknowledge that this limitation will be subject to and may be limited by applicable State law.
[The Remainder of This Page Intentionally Left Blank; Signatures Follow] 98 Section , Item 10A.
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* * * * * * * * * * * * * * * * * * * *
IN WITNESS WHEREOF the Grantor and Grantee have signed this Agreement on the dates and in the year set forth below.

GRANTOR:

THE CITY OF FOWLER
By _______________________________
Thomas W. Gaffery IV
Interim City Manager
Dated: _____________________, 2024
GRANTEE:

UNWIRED BROADBAND, LLC
By _______________________________
Peter L. Sorensen
CEO
Dated: _____________________, 2024
99 Section , Item 10A.
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EXHIBIT “A”
100
Section , Item 10A.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 20, 2024
FROM: THOMAS W. GAFFERY IV, Interim City Manager
SUBJECT: APPROVE a Second Amendment to the Police Chief Employment Agreement with Michael S. Reid

EXECUTIVE SUMMARY
This action provides for changes in compensation for Police Chief Michael S. Reid, consistent with the terms of the Police Chief Employment Agreement.

BACKGROUND
Appointment
Michael S. Reid has served as Police Chief since August 2022. The terms of his current employment agreement provide that he is eligible to receive an increase in salary and/or benefits following an annual performance evaluation. The annual performance evaluation has been completed, and the City Council is requested to approve the Second Amendment to Police Chief Employment Agreement.

Second Amendment
This Second Amendment to Police Chief Employment Agreement includes the following changes in the compensation and benefits to be paid by the City:
 Increased Monthly Salary – Beginning September 16, 2024, Reid shall receive a monthly salary of $13,900 ($166,800 annually), a 5% increase to his current salary.

Chief Reid will remain eligible to receive any cost-of-living adjustments approved by the City Council as reflected in adopted salary classification schedules.  Increased Vacation Leave Accrual Maximum – Beginning September 16, 2024, Reid shall be allowed to accumulate a balance of up to 420 hours of accrued vacation leave.

The City’s current policy provides for a 320-hour maximum balance for employees with less than 10 years of service, and 420-hour maximum balance for employees with 10+ years of service. Any accrued vacation leave is vested and must be paid by the City.

The Police Chief’s salary is set by the terms of the employment agreement. Accordingly, if approved, the new salary will be reflected as Step E on the Police Chief classification of the salary classification schedule.
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Section , Item 10C.

Basis for Recommendation
The performance evaluation for the Police Chief has been completed. He is eligible to receive a salary increase as approved by the City Council and agreed upon in an amendment to his employment agreement.

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
Department Head positions are critical in the implementation of many general plan goals, policies, and actions items.

FISCAL IMPACT
Personnel costs are accounted for in the fiscal year 2024-25 budget.

PROCUREMENT PROCESS
No procurement is associated with this action.

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

Attachments
- Second Amendment
102
Section , Item 10C.
1 SECOND AMENDMENT TO CHIEF OF POLICE EMPLOYMENT AGREEMENT This Second Amendment to Chief of Police Employment Agreement (“Second Amendment”) is entered into on August 20, 2024, by and between the City of Fowler, a municipal corporation (“City”), and Michael S. Reid (“Reid”), with respect to the following Recitals, which are a substantive part of this First Amendment.

RECITALS
A. City and Reid entered into a Chief of Police Employment Agreement on August 2, 2022 (“Agreement”) and a First Amendment to the Agreement on September 5, 2023.

B. City and Reid both desire to make further amendments to the Agreement.

NOW, THEREFORE, in view of the above recitals and in consideration for the mutual promises set forth in the Agreement and this Second Amendment, City and Reid agree as follows:

AGREEMENT

1. Section 3 of the Agreement is amended to read as follows:

3. Salary. Beginning September 16, 2024, Reid shall receive a monthly salary of $13,900.00 ($166,800.00 annually), which shall be reflected as the new Step E of the Chief of Police classification on the City’s adopted salary classification schedule. Reid shall be entitled to any cost-of-living adjustments as may be approved and reflected in any subsequently adopted salary schedules of the City. Reid shall be eligible to receive an increase in salary and/or benefits on the basis of an annual performance evaluation as approved by the City Manager, provided any increase in salary and/or benefits is mutually agreed upon by Reid and the City Council and reflected in an amendment to the Agreement. Nothing herein shall be deemed to impair the City’s authority to revise the salary classification for the Chief of Police on the City’s salary schedule, but any change affecting Reid’s salary must be mutually agreed upon by Reid and the City Council and reflected in an amendment to the Agreement.

2. Section 7 of the Agreement is amended to read as follows:

7. Vacation, Sick Leave, and Administrative Leave. Except as otherwise provided in this section, Reid shall be subject to applicable City ordinances, resolutions, rules and policies pertaining to accrual and use of such leaves by executive management employees as the same currently exist and may hereafter be modified. Notwithstanding the City’s policy for vacation leave accrual, the maximum hours of vacation leave Reid may accumulate or accrue at any one time shall not exceed 420 hours. No additional vacation leave shall accrue beyond 420 hours until the total accumulated leave balance falls below the maximum.

3. Except as amended in this Second Amendment all other provisions of the Agreement shall continue in full force and effect.
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Section , Item 10C.
2 CITY OF FOWLER CHIEF OF POLICE
Daniel T. Parra Michael S. Reid
Mayor
Thomas W. Gaffery IV
Interim City Manager

APPROVED AS TO FORM
Scott G. Cross
City Attorney
104
Section , Item 10C.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: August 20, 2024
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2741, adopting an updated City of Fowler Planning Fee Schedule.

EXECUTIVE SUMMARY
The City recently adopted a new Zoning Ordinance, outlining new processes that were not previously included in the City’s adopted Planning Fee Schedule. In order to align with the new Zoning Ordinance, the City has proposed an update to the 2024 Planning Fee Schedule. In addition to setting up a fee for new processes, existing processes that have been found to be unnecessary will be eliminated, and some existing fees have been proposed to increase to allow the City to collect the estimated cost to process applications submitted to the Community & Economic Development Department.

BACKGROUND
Proposed New Fees
The City adopted a new Zoning Ordinance on July 16, 2024, inclusive of new processes and permits that have not previously been included in the City’s Planning Fee Schedule. As a result, and pursuant to Government Coide Section 66000 et seq., the City is proposing to update its Planning Fee Schedule, adopting new fees for the new processes outlined in the new Zoning Ordinance. The City has reviewed the fee schedules of four other cities of similar size within Fresno County to determine the various types of fees charged by other cities and estimate the cost of providing the service to reasonably establish the new fees. The new processes that require establishment of a fee include:
 Ministerial Plan Reviews
 Specific Plans
 Planned Development Permits
 Reasonable Accommodations
In order to determine what the fee of each new City process or entitlement should be, the average time and cost of similar processes in other cities (Kingsburg, Reedley, Parlier, and Mendota) was reviewed. Staff recommend setting a Ministerial Plan Review fee of $570, based on the average estimated processing time and applicable costs of the other four cities and 105
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applying Fowler’s applicable costs to the processing time estimate. While accessory dwelling units (ADU’s) are required by State law to be approved ministerially, the City has an adopted fee for the processing of (ADU’s). As a result, the new Ministerial Plan Review fee shall apply to all ministerial projects, other than ADU’s, which will continue to be processed under the adopted fee of $750. After staff has had an opportunity to process numerous Ministerial Plan Reviews and determine the actual processing cost to the City, if the cost is determined to be significantly different than the $570 fee, a fee adjustment will be recommended in the future.

The four comparison cities handled the processing of specific plans two different ways. First, Kingsburg and Reedley apply a flat rate towards the processing of specific plans, consistent with the cost for processing general plan amendments. Second, Parlier and Mendota require that specific plans be processed at cost (each city uses outside consultants to process development permits), plus a contingency and City review cost of 20% of the city consultant’s cost rate. As specific plan processing times can be unpredictable and because they can vary in size, and because Fowler uses Provost & Pritchard to review and process development applications along with City employees performing review and administrative functions for development applications, staff are recommending that a new fee be set for processing specific plans at cost plus 15%; with the cost portion being the actual cost Provost and Pritchard charges the City to process the application, and 15% of that cost added to cover other reasonable estimated costs to the City of processing such applications (including but not limited to the costs of having City employees and the City Attorney’s office involved in the application review and processing, publishing and mailing notices, etc.). This is consistent with the current process for City processing of environmental documents prepared by consultants.

In the new Zoning Ordinance Planned Developments are processed in a similar manner as Conditional Use Permits. Planned Developments also require the establishment of a Planned Development Overlay Zone, requiring a separate application and fee for a Rezone. As Planned Developments are processed similar to Conditional Use Permits, the proposed Planned Development fee has been set consistent with that of a Major Conditional Use Permit ($2,874).

Any subsequent uses proposed after approval of the Planned Development would be subject to the applicable implementation procedures for the respective use outlined in the Zoning Ordinance for the underlying zone district. After staff has had an opportunity to process numerous Planned Development Permits and determine the actual processing cost to the City, if the cost is determined to be significantly different than the $2,874 fee, a fee adjustment will be recommended in the future.

Finally, none of the four comparison cities have an adopted fee for Reasonable Accommodations. In consideration of the unpredictability in the processing time involved in Reasonable Accommodation requests, staff are recommending that an hourly cost rate of $155 be approved and the adopted fee simply be set at the actual cost to process Reasonable Accommodations within the City determined by the hourly cost rate and the actual time spent by staff to process the request.

Revised Processes with New Fees
As a part of the Zoning Ordinance Update, the City has revised the permit amendment process, breaking it down into four categories:
 Conditional Use Permit – Amendment, Major
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 Conditional Use Permit – Amendment, Minor
 Site Plan Review – Amendment, Major
 Site Plan Review – Amendment, Minor
As review of a minor amendment is handled at the staff level, as prescribed by the new Zoning Ordinance, staff is recommending that the process for minor amendment of both a Conditional Use Permit and Site Plan Review be set at $570, consistent with the proposed fee for Ministerial Plan Review. This is based on the fact that minor amendments will primarily result in staff checking the amended project for conformance with the rules and procedures of the underlying zone district, and the estimated costs to the City of staff performing this work.

A major amendment for both Conditional Use Permits and Site Plan Reviews would require rerouting for comment and the reissuing of project conditions. As a result, staff have determined that the $1,436 to process major amendments is appropriate, consistent with the cost of Minor Site Plan Reviews. Additionally, any noticing for a public hearing for a major amendment would require a $300 noticing fee.

Removal of Unnecessary Fees
In reviewing the existing Planning Fee Schedule for the inclusion of new fees, staff are also recommending the removal of fees that have been found to either be unnecessary within the Planning Fee Schedule or which are no longer used. Fees proposed for removal from the Planning Fee Schedule include:
 Administrative Review – Sidewalk Displays
 Building Moving Permit
 Density Bonus Request
 Conditional Use Permit (note that a separate fee still exists for Minor and Major Conditional Use Permits)
Increase of Existing Fees
Pursuant to Government Code Section 66000 et seq., the City may also increase existing fees via Resolution. In consideration of existing fees in which the cost to process has exceeded the fee amount, the City is proposing increases in the following fees to more accurately recover the City’s costs of processing the entitlements:
 Conditional Use Permit – Major
 Conditional Use Permit – Minor
 Conditional Use Permit – Extension
 Appeal to City Council
 Appeal to Planning Commission
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Table 1: Existing Fee Cost vs. Proposed Cost
Process Current Fee Proposed Fee1
Conditional Use Permit,
Major $2,401 $2,874
Conditional Use Permit,
Minor $1,203 $1,436
Conditional Use Permit,
Extension $1,209 $1,209
Appeal to City Council $36 $620
Appeal to Planning
Commission $174 $620
1 All City permits and processes requiring public hearing shall be subject to a $300 noticing fee; this includes fees shown in the table above that have not increased from the second to third column In order for the processing of the permit/approval types listed in the table above to better align with the actual time required, staff are recommending that each respective fee be increased to the number contained in the third column. These increases are based off of City staff experience in processing these entitlements and requests. For Conditional Use Permits specifically, staff processes a Site Plan Review as a part of the Conditional Use Permit. As a result, the fee for Conditional Use Permits is proposed to be increased to include the fee for a Site Plan Review plus the additional estimated costs associated with the requirement to notice items that require a public hearing.

PUBLIC NOTICE
A Notice of Public Hearing was duly published in The Business Journal on August 9, 2024, and August 16, 2024, in accordance with Government Code section 6062a.

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

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

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

General Plan Policy OS-17
The City shall use a broad range of funding and economic development tools to ensure high quality development, maintenance, and programming of the City parks, trails, and recreation system.
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General Plan Policy PF-3
Ensure that land divisions and developments are approved only when a project’s improvements, dedications, and fees fully cover incremental costs to the City and other agencies. Such improvements and infrastructure include parks, major streets, traffic signals, streetlights, drainage systems, sewer, water, fire, police, schools, and other related facilities.

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

FISCAL IMPACT
This action will result in additional general fund revenue to offset the City’s increased costs in processing proposed development projects.

PROCUREMENT PROCESS
No procurement is associated with this action.

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

Attachments
 Attachment 1: Resolution No. 2741
 Attachment 2: Exhibit A (Updated Planning Fee Schedule) to Resolution No. 2741 109
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RESOLUTION NO. 2741

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

APPROVING AN UPDATED FEE SCHEDULE FOR PLANNING FEES
WHEREAS, pursuant to Government Code Section 66000 et seq. and 66014, the City of Fowler (City) is authorized to impose planning fees on applicants for new development projects; and
WHEREAS, pursuant to Government Code Section 66000 et seq. and 66016 the City may establish new fees and increase existing fees; and
WHEREAS, the City adopted a new Zoning Ordinance on July 16, 2024; and WHEREAS, the new Zoning Ordinance includes several processes requiring City planning department services not previously required or included in the City’s Planning Fee Schedule, and the City may establish and charge a fee to recover its costs of providing the services associated with the new processes; and
WHEREAS, in reviewing the existing Planning Fee Schedule, several processes have been deemed unnecessary and no longer used and may be removed from the Planning Fee Schedule under the proposed update; and
WHEREAS, some existing fees in the Planning Fee Schedule are proposed to be increased to be representative of the time and cost it takes staff to complete the processing of applications; and
WHEREAS, the Planning Fee Schedule attached as Exhibit A hereto includes the proposed fee, including all new and increased fees, for each category of application, entitlement, permit, request, and process for which the City shall charge a fee for the requested service provided by the City; and
WHEREAS, at a regular meeting on August 20, 2024, at 6:00 pm, the Fowler City Council conducted a duly noticed public hearing to consider the proposed increased fees reflected in the City of Fowler 2024 Planning Fee Schedule (Exhibit A attached hereto); and WHEREAS, notice of said public hearing was duly published in the August 9, 2024 and August 16, 2024, edition of The Business Journal in accordance with Government Code Section 6062a, posted at City Hall and on the City’s website, and sent to interested parties via email; and WHEREAS, the City Council has independently reviewed and considered the proposed City of Fowler Planning Fee Schedule attached hereto as Exhibit A, and has evaluated and considered the staff report and presentation on this matter, and all written and oral comments and other information provided during the public hearing.
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NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL RESOLVES AS FOLLOWS:

1. The City Council finds that each respective fee, rate, and charge set forth in the schedule attached hereto as Exhibit A does not exceed the estimated reasonable cost of providing the service for which the respective fee is to be charged.

2. The fees, rates, and charges set forth in the schedule attached hereto as Exhibit A are hereby approved and shall be effective beginning sixty (60) days after the adoption of this resolution, in accordance with Government Code Section 66017; and the removal of the specific fees identified to be removed from the schedule attached hereto as Exhibit A is hereby approved.

3. Based on the approvals above, City staff is authorized to prepare a Planning Fee Schedule that lists only the applicable fees, rates, and charges to be charged and does not list fees no longer to be charged.

PASSED, APPROVED AND ADOPTED this 20th day of August 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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Exhibit A: Proposed Planning Fee Schedule Update
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Abandoned Residential Property Registration $344
Abandonment of Right-of-Way $2,744
Accessory Dwelling Unit $750
Administrative Review $1,013 See Notes 1, 2
Annexation / Pre-zone (0-6 acres) $7,167 See Notes 1, 2 Annexation / Pre-zone (6 plus acres) $10,502 See Notes 1, 2 Annexation Extension $685
Appeal to the City Council $620 See Note 6
Appeal to the Planning Commission $620 See Note 6
Building Demolition Permit $556
Deferral Agreement $906
Finding of EIR Conformity $1,941 See Note 3
Health and Safety Inspection $116
In Lieu Parking Fee (at least 75% of parking requirement must be met, per space) $5,824 Ministerial Plan Review (does not include Accessory Dwelling Units) $570 Out of Area Service Agreement $1,295 See Notes 1, 2
Planned Development Permit $2,874
Reasonable Accomodation Hourly See Note 7
Temporary Sign/Banner $39
Water Well Demolition $537
Conditional Use Permit - Amendment, Major $1,436 See Note 6 Conditional Use Permit - Amendment, Minor $570
Conditional Use Permit - Extension $1,209 See Note 6
Conditional Use Permit - Major $2,874 See Notes 1, 2, 6 Conditional Use Permit - Minor $1,436 See Notes 1, 2, 6 Temporary Use Permit $185
Development Agreement $5,487 See Notes 1, 2
Development Agreement - Amendment $1,714
Categorical Exemption $506
Environmental Review - Negative Declaration $6,308 See Notes 1, 2, 3 Environmental Review - Mitigated Negative Declaration $7,884 See Notes 1, 2, 3 Environmental Review - EIR $14,293 See Notes 1, 2, 3
Environmental Notice of Determination - Negative Declaration --------- See Note 4 Environmental Notice of Determination - EIR --------- See Note 4 General Plan Amendment
Major (greater than 5 acre sites) $5,242 See Notes 1, 2 Minor (5 acre or less sites) $2,620 See Notes 1, 2
General Plan Amendment with Concurrent Rezoning
Exhibit A
Planning Fee Schedule (Update 8/20/2024)
Fee
City of Fowler
Conditional Use Permit
Environmental Review
Type of Application Notes
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Major (greater than 5 acre sites) $7,766 See Notes 1, 2 Minor (5 acre or less sites) $3,883 See Notes 1, 2
Garage Sale Permit (after 2 sales) $36
Home Occupation Permit $51
Specific Plan --------- See Note 3
Lot Line Adjustment $2,018 See Notes 1, 2
Tentative Parcel Map $5,302 See Notes 1, 2
Final Parcel Map $4,938 See Notes 1, 2
Revised Parcel Map $1,998 See Notes 1, 2
Tentative Subdivision Map - Small (5-10 lots) $10,611 See Notes 1, 2 Tentative Subdivision Map - Greater than 10 lots $12,623 See Notes 1, 2 Final Subdivision Map - Small (5-10 lots) $3,523
Final Subdivision Map - Greater than 10 lots $5,433
Revised Tentative Subdivision Map $7,225 See Notes 1, 2 Tentative Tract Map Extension $1,209
Landscaping / Conservation Review - Residential $723
Landscaping / Conservation Review - Commercial $1,484
Manufactured Housing Permit $492
Sign Review $146
Site Plan Review
Major (greater than 1 acre sites) $2,874 See Notes 1, 2 Minor (1 acre or less sites) $1,436 See Notes 1, 2
Major Amendment $1,436
Minor Amendment $570
Preliminary Map/Site Plan Review (after 1 review) $750
Major (commercial, industrial, multifamilyl) $1,994 See Notes 1, 2 Minor (single family residential) $996 See Notes 1, 2
Minor Deviation $145
Classification of Zoning Use $685
Rezoning
Major Change (map change greater than 5 acres) $5,170 See Notes 1, 2 Minor Change (map change 5 acres or less/or text amendment) $2,589 See Notes 1, 2 Zone Map Amendment $5,265 See Notes 1, 2
Zone Text Amendment $5,099 See Notes 1, 2
Land Division Applications
Variance
Zoning

1. More Complex projects require a consultant proposal for estimated cost.

2. Should a project require additional study, staff time, public hearings, or notification, then additional funds shall be deposited in an amount determined by the Director.

3. For Specific Plans, Negative Declarations, and EIRs prepared by qualified consultants under contract to the City, the fee shall be cost + 15%.

Notes:
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4. CEQA filing fees shall be as required by the California Department of Fish and Wildlife website and shall include filing fees for the Fresno County Clerk. Checks in the required amount shall be deposited with the City prior to the final public hearing adopting the environmental document and shall be returned if the project is denied.

1. If an application is withdrawn or returned before it is deemed complete or within two weeks of submittal, whichever occurs first, then the applicant shall be entitled to a full refund.

2. If an application is withdrawn or returned after the initial period described above, but no later than six months after submittal and prior to scheduling for a earing or an administrative decision, then the applicant shall be refunded half of the application fees.

3. After six months from application submittal, or once an application has been scheduled for a public hearing or administrative decision, whichever occurs first, no refunds shall be given.

Refunds:

5. After receiving two incomplete letters from City staff on a given project, applicants are required to pay 60% of the application fee for each resubmittal past receipt of the second incompleteness letter.

7. Hourly rates are set at $155, consistent with the hourly billing rate of the City Planner.

6. Applicants are required to pay an additional $300 for public noticing of each public hearing. 115
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