Fowler City Council
January 7, 2025

CITY COUNCIL MEETING
TUESDAY, JANUARY 07, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
This meeting is being conducted by teleconference at the following locations: Fowler City Council Chamber, 128 S. 5th Street, Fowler, CA 93625; and 8956 Sugar Palm Road, Kissimmee, FL 34747. Each teleconference location is open to the public and any member of the public has the opportunity to address the City Council from a teleconference location in the same manner as if that person attended the meeting location. The City Council will control the conduct of the meeting and determine the appropriate order and time limitations on public comments from the teleconference locations.

In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

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

En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.
https://us06web.zoom.us/j/84625926870?pwd=httFFcusRrdAtHdOsoI5HIFSsvvKrQ.681YaFD6mS3z_BE Telephone Number: (253) 215-8782
Meeting ID: 846 2592 6870
Passcode: 180050
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate 1 REVISED
time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at https://fowlercity.org.

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 JESUS VALENCIA FROM VISION CHURCH

5. PLEDGE OF ALLEGIANCE

6. 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.

7. 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.
7A. RATIFY Pay Warrants for January 7, 2025
7B. APPROVE Minutes of the December 17, 2024 City Council Meeting 7C. APPROVE Resolution No. 2759 adopting the monthly employee share of health benefits premiums for calendar 2025
7D. APPROVE Resolution No. 2760 approving the updated Employee Benefits Handbook
2 7E. APPROVE Resolution No. 2761 Authorizing the City Manager to execute agreements with the United States Department of Transportation for the City of Fowler Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant application 7F. ADOPT Ordinance 2024-06 amending Article 5 of Title 9 of the Fowler Municipal Code adding Chapter 9.216 and amending Sections 9.120.030, 9.125.030,

9.160.080, 9.175.040, 9.240.060, 9.240.070, and 9.240.130 regarding regulations relating to housing
7G. APPROVE the purchase of a 2023 Ford F350 Regular Cab Service Body Pickup from Lithia Ford of Fresno in the amount of $65,791.82 and authorize the Interim City Manager to execute the purchase agreement

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

9. GENERAL ADMINISTRATION
Public Works
9A. PROVIDE STAFF DIRECTION on the Master Encroachment Agreement with unWired Broadband, LLC
9B. APPROVE Resolution No. 2762 to adopt the engineer’s report and declare the City Council’s intent to order the annexation of Tract 6405 into the City’s Landscape and Storm Drainage Facilities Maintenance District No. 1
Planning
9C. INTRODUCTION of Ordinance 2025-01 to amend Article 2, and to add Article 7 of Chapter 4 of Title 4 of the Fowler Municipal Code regarding semi-truck parking. Continued to January 21, 2025

10. STAFF COMMUNICATIONS

11. COUNCILMEMBER REPORTS AND COMMENTS

12. CLOSED SESSION
Government Code Section 54957
Public Employee Appointment/Employment
Title: City Manager
Government Code Section 54957.6
Conference with labor negotiators
Agency designated representatives: City Attorney, City Clerk, Stephanie Dietz (Bob Murray & Associates)
Unrepresented employee: City Manager
3 13. RECONVENE INTO OPEN SESSION AND REPORT ACTION

14. ADJOURN
Next Ordinance No. 2025-02
Next Resolution No. 2763
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, January 3, 2025.

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

ACCOUNTS PAYABLE CHECKS
Regular checks 43934-44005 December 11 thru January 2 1,241,274.04 $ TOTAL ACCOUNTS PAYABLE CHECKS 1,241,274.04 $

PAYROLL COSTS
First December Bi-Monthly Payroll December 15, 2024 124,619.19 $ Second December Bi-Monthly Payroll December 31, 2024 140,517.32 $ TOTAL PAYROLL COSTS 265,136.51 $

TOTAL CASH DISBURSEMENTS 1,506,410.55 $
NOTE:

Check #43952 Void Check

CITY OF FOWLER

WARRANTS LIST
January 7, 2025
5 Section 7, Item 7A.

SUPERION PAGE NUMBER: 1
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43934 12/11/24 15140 ADVENTIST HEALTH TO 6120 5310 TOXICOLOGY LAB-PD 0.00 200.00 1001 43935 12/11/24 10007 ALERT-O-LITE, INC 6200 5130 UNIFORM-WHISEN-PD 0.00 68.26 1001 43936 12/11/24 14944 ALFRED VASQUEZ 6150 5100 REIMB BOOTS-VASQUEZ 0.00 250.00 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6025 5110 SUPPLIES-CLERK 0.00 7.62 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6030 5100 SUPPLIES-FIN 0.00 14.76 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6150 5100 SUPPLIES-BLDG 0.00 18.97 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 20.68 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6700 5110 SUPPLIES-SN CTR 0.00 54.56 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6150 5100 SUPPLIES-PD 0.00 60.95 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6120 5100 SUPPLIES-PD 0.00 71.66 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6150 5100 SUPPLIES-PLNG 0.00 98.83 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6020 5110 SUPPLIES-ADMIN 0.00 119.21 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6120 5100 SUPPLIES-PD 0.00 199.05 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 6200 5110 SUPPLIES-ST 0.00 420.07 TOTAL CHECK 0.00 1,086.36
1001 43938 12/11/24 10549 AT&T MOBILITY 6170 5160 INTERSTATE 12/5/24- 0.00 2,378.37 1001 43939 12/11/24 10026 BCT CONSULTING 6170 5230 RAM MEM-CARRILLO-IT 0.00 32.64 1001 43940 12/11/24 15076 BRISHAN INC 6200 5195 BARRICADE-ST 0.00 8,500.05 1001 43942 12/11/24 10025 BUFORD OIL COMPANY 6120 5210 GAS NOV24-PD 0.00 619.22 1001 43943 12/11/24 11291 THE BUSINESS JOURNA 6150 5150 PHN-PROJECT NO 24-2 0.00 487.50 1001 43945 12/11/24 14243 FOWLER ACE HARDWARE 6120 5100 SUPPLIES-PD 0.00 5.44 1001 43946 12/11/24 10475 FRESNO COUNTY GRAPH 6020 5110 SESQUIC MONUMENT 0.00 284.45 1001 43947 12/11/24 13127 HEALTHWISE SERVICES 6120 5220 SHARPS/PHARM-PD 0.00 404.71 1001 43949 12/11/24 15061 JB ELECTRIC 6200 5710 MERCED ST LIGHTS 0.00 4,800.00 1001 43950 12/11/24 15142 JERRY PEREZ 6700 5110 ENTERTAINMENT XMAS 0.00 250.00 1001 43951 12/11/24 11071 PAPE MACHINERY ACCT 6200 5205 FLEET-ST 0.00 16.78 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP22-108 0.00 190.00 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-0091 0.00 220.75 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5520 ECON GENERAL PLAN 0.00 225.00 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-49 0.00 304.00 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5220 ZONING CODE 0.00 375.50 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5220 CUP 24-27 0.00 507.50 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 SPR 24-25 0.00 532.30 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5220 CUP 24-28 0.00 640.00 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5220 MSR SEP24 0.00 665.70 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5520 ECON GEN PLAN OCT24 0.00 830.80 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 ENG BP24-171 0.00 855.00 6 Section 7, Item 7A.

SUPERION PAGE NUMBER: 2
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 ENG TRACT 6405 0.00 988.00 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6170 5230 GIS SVC OCT24 0.00 991.60 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5220 PLHA GRANT 0.00 1,022.50 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5220 SUS COMM GRANT 0.00 1,040.00 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 SPR 23-40 0.00 1,120.60 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 ENG/FB UNWIRED 0.00 1,168.10 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6200 5510 ENCROACHMENT PERMIT 0.00 2,682.22 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6260 5710 DW HARRIS PARK IMPR 0.00 5,521.80 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6150 5510 ENG CON 0.00 5,857.19 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6260 5710 DW HARRIS PARK IMPR 0.00 7,670.00 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 6200 5510 ON CALL ENG 2025 0.00 25,442.50 TOTAL CHECK 0.00 58,851.06
1001 43954 12/11/24 14550 SANGER FENCE CO 6200 5190 RPR CITY YARD FENCE 0.00 297.00 1001 43955 12/11/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 905.59 1001 43956 12/11/24 15143 THE ROCCA COMPANY 100 2061 RENTAL EQUIPMENT 0.00 2,000.00 1001 43957 12/11/24 13543 UNIFIRST CORPORATIO 6120 5185 MATS/MOPS-PD 0.00 8.29 1001 43957 12/11/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 65.70 1001 43957 12/11/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 72.04 1001 43957 12/11/24 13543 UNIFIRST CORPORATIO 6020 5185 MATS/MOPS-ADMIN 0.00 87.59 TOTAL CHECK 0.00 233.62
1001 43958 12/11/24 10725 VERIZON WIRELESS 6170 5160 WIFI HOTSPOT-SN CTR 0.00 95.95 1001 43958 12/11/24 10725 VERIZON WIRELESS 6170 5160 CELL PHONE OCT-NOV2 0.00 176.23 TOTAL CHECK 0.00 272.18
1001 43963 12/18/24 11689 A & C TIRE SERVICE 6200 5205 TIRES-ST 0.00 1,619.72 1001 43965 12/18/24 14519 AMAZON CAPITAL SERV 6200 5195 LED C9 LIGHTS 0.00 29.41 1001 43965 12/18/24 14519 AMAZON CAPITAL SERV 6120 5104 SUPPLIES-PD 0.00 106.25 1001 43965 12/18/24 14519 AMAZON CAPITAL SERV 6700 5110 SUPPLIES-SN CTR 0.00 192.90 TOTAL CHECK 0.00 328.56
1001 43966 12/18/24 14867 ASHLEY PANELLA 6700 5110 SENIOR PAINT DAY 0.00 150.00 1001 43967 12/18/24 12489 BATTERY SYSTEMS INC 6200 5200 BATTERY-ST 0.00 357.98 1001 43969 12/18/24 14053 CENTRAL VALLEY GUNS 6120 5200 SUPPLIES-PD 0.00 538.18 1001 43971 12/18/24 10056 CITY OF FOWLER TREA 6025 5260 TRAVEL-REFUND-MCAVO 0.00 2.19 1001 43971 12/18/24 10056 CITY OF FOWLER TREA 6025 5300 BENEFITS DAY LUNCHE 0.00 3.25 1001 43971 12/18/24 10056 CITY OF FOWLER TREA 6025 5110 PHOTOS-ADMIN 0.00 13.90 1001 43971 12/18/24 10056 CITY OF FOWLER TREA 6010 5110 SUPPLIES-COUNCIL 0.00 31.02 1001 43971 12/18/24 10056 CITY OF FOWLER TREA 6020 5110 SUPPLIES-ADMIN 0.00 60.97 TOTAL CHECK 0.00 111.33
1001 43972 12/18/24 14356 COMCAST 6170 5160 SVCS NOV24-PD 0.00 407.21 1001 43973 12/18/24 14429 CORE & MAIN 6200 5195 SUPPLIES-ST 0.00 237.24 7 Section 7, Item 7A.

SUPERION PAGE NUMBER: 3
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43974 12/18/24 11866 COUNTY OF FRESNO 100 3706 PGE GSB#2095 0.00 3,000.00 1001 43975 12/18/24 14512 CSG CONSULTANTS 6160 5225 PLAN CHECK NOV24 0.00 3,417.94 1001 43976 12/18/24 10074 CSJVRMA 6700 5087 WC 24-25 3RD QTR 0.00 723.31 1001 43976 12/18/24 10074 CSJVRMA 6400 5087 WC 24-25 3RD QTR 0.00 826.61 1001 43976 12/18/24 10074 CSJVRMA 6150 5087 WC 24-25 3RD QTR 0.00 1,360.09 1001 43976 12/18/24 10074 CSJVRMA 6025 5087 WC 24-25 3RD QTR 0.00 1,364.29 1001 43976 12/18/24 10074 CSJVRMA 6200 5087 WC 24-25 3RD QTR 0.00 1,886.00 1001 43976 12/18/24 10074 CSJVRMA 6030 5087 WC 24-25 3RD QTR 0.00 2,284.82 1001 43976 12/18/24 10074 CSJVRMA 6220 5087 WC 24-25 3RD QTR 0.00 2,768.45 1001 43976 12/18/24 10074 CSJVRMA 6160 5087 WC 24-25 3RD QTR 0.00 4,065.73 1001 43976 12/18/24 10074 CSJVRMA 6260 5087 WC 24-25 3RD QTR 0.00 4,158.32 1001 43976 12/18/24 10074 CSJVRMA 6020 5087 WC 24-25 3RD QTR 0.00 4,536.98 1001 43976 12/18/24 10074 CSJVRMA 6120 5087 WC 24-25 3RD QTR 0.00 21,658.63 1001 43976 12/18/24 10074 CSJVRMA 6080 5240 WC 24-25 3RD QTR 0.00 34,356.93 TOTAL CHECK 0.00 79,990.16
1001 43977 12/18/24 14702 DAVE'S AUTO SERVICE 6200 5205 SVC F350 FLEET-ST 0.00 869.29 1001 43979 12/18/24 14243 FOWLER ACE HARDWARE 6120 5100 CREDIT-PD 0.00 -1.53 1001 43979 12/18/24 14243 FOWLER ACE HARDWARE 6120 5100 SUPPLIES-PD 0.00 11.97 TOTAL CHECK 0.00 10.44
1001 43980 12/18/24 10104 FPOA 100 2045 EMP DED 12/15/24 0.00 200.00 1001 43981 12/18/24 10124 FRESNO SHERIFF BUS 6120 5271 DISPATCH FEE AUG24- 0.00 9,850.03 1001 43981 12/18/24 10124 FRESNO SHERIFF BUS 6120 5271 DISPATCH FEE SEP24- 0.00 9,850.03 1001 43981 12/18/24 10124 FRESNO SHERIFF BUS 6120 5271 DISPATCH FEE OCT24- 0.00 9,850.03 1001 43981 12/18/24 10124 FRESNO SHERIFF BUS 6120 5271 DISPATCH FEE NOV24- 0.00 9,850.03 1001 43981 12/18/24 10124 FRESNO SHERIFF BUS 6120 5271 DISPATCH FEE DEC24- 0.00 9,850.03 TOTAL CHECK 0.00 49,250.15
1001 43982 12/18/24 12466 FRESNO EOC 6700 5105 MEALS NOV24-SN CTR 0.00 1,408.55 1001 43983 12/18/24 10458 IRVINE & JACHENS, I 6120 5120 BADGES-PD 0.00 1,023.07 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 211.50 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 799.00 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 1,102.50 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 1,178.30 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 1,222.00 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 1,345.50 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 1,881.25 1001 43984 12/18/24 10194 LOZANO SMITH 6060 5620 LEGAL SVC NOV24 0.00 1,950.50 TOTAL CHECK 0.00 9,690.55
1001 43986 12/18/24 10819 MID COUNTY FIRE EXT 6200 5185 ANNUAL MAINT EXTIN- 0.00 212.91 1001 43986 12/18/24 10819 MID COUNTY FIRE EXT 6200 5185 ANNUAL MAINT EXTIN- 0.00 1,108.36 TOTAL CHECK 0.00 1,321.27
8 Section 7, Item 7A.

SUPERION PAGE NUMBER: 4
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43987 12/18/24 10885 NELSONS ACE HARDWAR 6260 5195 SUPPLIES-PARKS 0.00 21.67 1001 43987 12/18/24 10885 NELSONS ACE HARDWAR 6260 5195 SUPPLIES-PARKS 0.00 82.42 1001 43987 12/18/24 10885 NELSONS ACE HARDWAR 6200 5195 SUPPLIES-ST 0.00 260.29 TOTAL CHECK 0.00 364.38
1001 43989 12/18/24 14843 O'REILLY AUTO PARTS 6200 5205 SUPPLIES-ST 0.00 43.02 1001 43989 12/18/24 14843 O'REILLY AUTO PARTS 6200 5205 SUPPLIES-ST 0.00 237.31 TOTAL CHECK 0.00 280.33
1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 12/9/24 0.00 9.15 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 1291 W SOUTH 12/9/2 0.00 9.53 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/7TH 12/9/24 0.00 9.53 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 MERCED/6TH 12/9/24 0.00 9.53 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 WALTER/FRES 12/13/2 0.00 15.73 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 5TH/FRESNO 12/9/24 0.00 16.25 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6080 5170 MAIN/5TH 12/9/24 0.00 23.82 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 420 E MERCED 12/9/2 0.00 25.13 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 12/9/2 0.00 35.13 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6080 5170 128 S 5TH 12/9/24 0.00 59.85 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 TRACT 5834 12/13/24 0.00 64.75 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6260 5170 9TH/MERCED 12/9/24 0.00 65.63 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6080 5170 128 S 5TH 12/9/24 0.00 83.51 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 2831 E MANN 12/9/24 0.00 91.41 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 7TH/TULARE 12/9/24 0.00 91.43 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 4218 GLDNST B 12/9/ 0.00 105.45 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 212 E MERCED 12/9/2 0.00 124.58 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 GLDNST B 12/9/24 0.00 161.22 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6260 5170 500 E MERCED 12/9/2 0.00 409.49 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6700 5170 420 E MERCED 12/9/2 0.00 475.63 1001 43990 12/18/24 10237 P G & E - SACRAMENT 6200 5170 RETRO FIT LOAN 0.00 941.28 TOTAL CHECK 0.00 2,828.03
1001 43991 12/18/24 14772 PACIFIC SHREDDING 6150 5220 DOC SHREDDING SVC 0.00 899.50 1001 43993 12/18/24 11179 R G EQUIPMENT 6200 5205 FLEET MAINT-ST 0.00 125.46 1001 43995 12/18/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 67.94 1001 43995 12/18/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 73.13 1001 43995 12/18/24 10518 SIGNMAX! 6200 5195 SUPPLIES-ST 0.00 191.34 TOTAL CHECK 0.00 332.41
1001 43998 12/18/24 12791 THE MOWERS EDGE 6260 5203 PARTS-PARKS 0.00 271.65 1001 43999 12/18/24 14535 THOMAS GAFFERY 6150 5300 TRAVEL-ADV-GAFFERY 0.00 90.00 1001 44000 12/18/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 64.99 1001 44000 12/18/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 72.04 1001 44000 12/18/24 13543 UNIFIRST CORPORATIO 6200 5185 UNIFORMS-ST 0.00 75.17 1001 44000 12/18/24 13543 UNIFIRST CORPORATIO 6700 5185 JANITORIAL-SN CTR 0.00 80.68 TOTAL CHECK 0.00 292.88
1001 44001 12/18/24 13521 UNITY IT 6170 5160 PRINTER SERVER-IT 0.00 116.27 9 Section 7, Item 7A.

SUPERION PAGE NUMBER: 5
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT TOTAL CASH ACCOUNT 0.00 241,475.78
TOTAL FUND 0.00 241,475.78
10 Section 7, Item 7A.

SUPERION PAGE NUMBER: 6
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 201 - DISTRICT SALES TAX

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 44002 12/18/24 13521 UNITY IT 2010 5715 EQUIPMENT PDHQ 0.00 5,617.64 TOTAL CASH ACCOUNT 0.00 5,617.64
TOTAL FUND 0.00 5,617.64
11 Section 7, Item 7A.

SUPERION PAGE NUMBER: 7
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 238 - MEASURE C TOD GRANT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 2380 5520 BIKEWAY TRANSIT 0.00 692.50 TOTAL CASH ACCOUNT 0.00 692.50
TOTAL FUND 0.00 692.50
12 Section 7, Item 7A.

SUPERION PAGE NUMBER: 8
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 240 - CMAQ GRANT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43959 12/11/24 15139 JUAREZ BROTHERS GEN 2400 5710 SUMNER AVE/BIKE PED 0.00 157,585.34 1001 44003 12/18/24 11793 DON BERRY CONSTRUCT 2400 5710 GSB BIKE/PED TRAIL 0.00 313,836.30 TOTAL CASH ACCOUNT 0.00 471,421.64
TOTAL FUND 0.00 471,421.64
13 Section 7, Item 7A.

SUPERION PAGE NUMBER: 9
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 250 - CDBG

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43992 12/18/24 13655 PROVOST & PRITCHARD 2500 5220 CBDG GRANT-PP 0.00 413.10 TOTAL CASH ACCOUNT 0.00 413.10
TOTAL FUND 0.00 413.10
14 Section 7, Item 7A.

SUPERION PAGE NUMBER: 10
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 255 - STATE GRANT AB178

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43960 12/11/24 10237 P G & E - SACRAMENT 2550 5710 PGE 108 N 3RD 0.00 6,000.00 1001 44004 12/18/24 15149 KATCH GENERAL 2550 5710 CONSTRUCTION-PDHQ 0.00 350,415.61 1001 44005 12/18/24 15029 VANIR CONSTRUCTION 2550 5710 PHASE 100 0.00 24,335.00 TOTAL CASH ACCOUNT 0.00 380,750.61
TOTAL FUND 0.00 380,750.61
15 Section 7, Item 7A.

SUPERION PAGE NUMBER: 11
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 256 - DWR STATE GRANT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 2560 5710 WELL #9 0.00 338.80 TOTAL CASH ACCOUNT 0.00 338.80
TOTAL FUND 0.00 338.80
16 Section 7, Item 7A.

SUPERION PAGE NUMBER: 12
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 258 - BIKE PED TRAILS SUST TRAN

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43961 12/11/24 14787 TOOLE DESIGN GROUP 2580 5520 FOWLER BIKE/PED TRA 0.00 4,815.34 TOTAL CASH ACCOUNT 0.00 4,815.34
TOTAL FUND 0.00 4,815.34
17 Section 7, Item 7A.

SUPERION PAGE NUMBER: 13
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 500 - WATER

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43937 12/11/24 14519 AMAZON CAPITAL SERV 5000 5100 SUPPLIES-WTR 0.00 25.05 1001 43941 12/11/24 10024 BSK ASSOCIATES 5000 5220 WATER TEST 11/21/24 0.00 208.45 1001 43948 12/11/24 14238 INFOSEND, INC 5000 5621 MAINT NOV24 0.00 568.36 1001 43949 12/11/24 15061 JB ELECTRIC 5000 5206 WELL SITE #2 0.00 995.00 1001 43949 12/11/24 15061 JB ELECTRIC 5000 5206 WELL SITE #4 0.00 995.00 TOTAL CHECK 0.00 1,990.00
1001 43953 12/11/24 13655 PROVOST & PRITCHARD 5000 5710 WATER TOWER REHAB 0.00 46.20 1001 43957 12/11/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 65.70 1001 43964 12/18/24 10007 ALERT-O-LITE, INC 5000 5200 SUPPLIES-WTR 0.00 11.91 1001 43965 12/18/24 14519 AMAZON CAPITAL SERV 5000 5205 SUPPLIES-WTR 0.00 236.68 1001 43968 12/18/24 10024 BSK ASSOCIATES 5000 5220 WATER TEST 11/21/24 0.00 280.00 1001 43968 12/18/24 10024 BSK ASSOCIATES 5000 5220 WATER TEST 11/20/24 0.00 1,061.89 TOTAL CHECK 0.00 1,341.89
1001 43970 12/18/24 15145 CHAVEZ REAL, FERNAN 500 2050 UB REFUND 0.00 100.00 1001 43973 12/18/24 14429 CORE & MAIN 5000 5206 SUPPLIES-WTR 0.00 262.50 1001 43976 12/18/24 10074 CSJVRMA 5000 5087 WC 24-25 3RD QTR 0.00 11,025.78 1001 43976 12/18/24 10074 CSJVRMA 5000 5240 WC 24-25 3RD QTR 0.00 16,922.06 TOTAL CHECK 0.00 27,947.84
1001 43978 12/18/24 15141 E&M ELECTRIC MACHIN 5000 5220 SCADA 0.00 10.98 1001 43985 12/18/24 15147 MAGIC VS BIRD LLC 500 2050 UB REFUND 0.00 78.04 1001 43988 12/18/24 10215 NELSON'S ACE HARDWA 5000 5206 SUPPLIES-WTR 0.00 3.24 1001 43990 12/18/24 10237 P G & E - SACRAMENT 5000 5170 325 S.5TH 12/6/24 0.00 205.25 1001 43990 12/18/24 10237 P G & E - SACRAMENT 5000 5170 95 E ADAMS 12/9/24 0.00 357.04 1001 43990 12/18/24 10237 P G & E - SACRAMENT 5000 5170 ADAMS/5TH 12/9/24 0.00 46.28 1001 43990 12/18/24 10237 P G & E - SACRAMENT 5000 5170 SESWNW231521 12/9/2 0.00 442.98 TOTAL CHECK 0.00 1,051.55
1001 43994 12/18/24 15144 RESENDIZ-MUNOZ, DIA 500 2050 UB REFUND 0.00 72.77 1001 43996 12/18/24 15148 SINGH, HARPREET 500 2050 UB REFUND 0.00 100.00 1001 43997 12/18/24 10763 SUNBELT RENTALS 5000 5182 PUMP-WTR 0.00 505.83 1001 44000 12/18/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 75.18 1001 44000 12/18/24 13543 UNIFIRST CORPORATIO 5000 5185 UNIFORMS-WTR 0.00 64.99 TOTAL CHECK 0.00 140.17
18 Section 7, Item 7A.

SUPERION PAGE NUMBER: 14
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 500 - WATER

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT TOTAL CASH ACCOUNT 0.00 34,767.16
TOTAL FUND 0.00 34,767.16
19 Section 7, Item 7A.

SUPERION PAGE NUMBER: 15
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 503 - TCP FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43962 12/11/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 PM SEP24 0.00 847.00 1001 43962 12/11/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 PM OCT24 0.00 1,305.20 1001 43962 12/11/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 SEP24 0.00 3,359.45 1001 43962 12/11/24 13655 PROVOST & PRITCHARD 5030 5710 TCP WELL 7 OCT24 0.00 5,791.60 TOTAL CHECK 0.00 11,303.25
TOTAL CASH ACCOUNT 0.00 11,303.25
TOTAL FUND 0.00 11,303.25
20 Section 7, Item 7A.

SUPERION PAGE NUMBER: 16
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 740 - AB1600-TRF MTGTN & IMPACT

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43953 12/11/24 13655 PROVOST & PRITCHARD 7400 5510 ENG SOUTH-PED CROSS 0.00 150.30 TOTAL CASH ACCOUNT 0.00 150.30
TOTAL FUND 0.00 150.30
21 Section 7, Item 7A.

SUPERION PAGE NUMBER: 17
DATE: 01/02/2025 CITY OF FOWLER ACCTPA21
TIME: 12:50:34 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between '43934' and '44005' ACCOUNTING PERIOD: 7/25
FUND - 760 - AB1600-WATER

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 1001 43944 12/11/24 15141 E&M ELECTRIC MACHIN 7600 5220 SCADA 0.00 89,527.92 TOTAL CASH ACCOUNT 0.00 89,527.92
TOTAL FUND 0.00 89,527.92
TOTAL REPORT 0.00 1,241,274.04
22 Section 7, Item 7A.

CITY COUNCIL MEETING
TUESDAY, DECEMBER 17, 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 meeting to order at 6:00 p.m.

2. ROLL CALL

PRESENT
Daniel Parra
Juan Mejia
Amarjeet Gill
Leonard Hammer (via teleconference)
Karnig Kazarian
STAFF PRESENT: Interim City Manager Gaffery, City Attorney Cross, Fresno County Fire Protection District Battalion Chief Dominguez, Recreation Supervisor Hernandez, City Planner Marple, Records Technician Molina, Finance Director Moreno, City Engineer Park, Police Chief Reid, Public Works Director Rocha, and City Clerk Vasquez. 2A. CONSIDER approval of councilmember request(s) for remote teleconferencing under emergency circumstances
Motion made by Mejia, Seconded by Gill.

Voting Yea: Parra, Hammer, Kazarian

6. PUBLIC COMMENT
Two members of the public spoke.

7. CONSENT CALENDAR
Motion made by Kazarian, Seconded by Gill.

Voting Yea: Parra, Mejia, Hammer

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

9. GENERAL ADMINISTRATION
City Clerk
23 Section 7, Item 7B.
9A. APPROVE Resolution No. 2758, A Resolution of the City Council of the City of Fowler Declaring Results of Municipal Election Held on November Motion made by Kazarian, Seconded by Mejia.

Voting Yea: Parra, Gill, Hammer
9B. Installation of Councilmembers: City Clerk to administer Oath of Office to Karnig R.

Kazarian, Juan A. Mejia, and Daniel T. Parra
9C. Reorganization of City Council
i. Election of Mayor by City Council
A motion was made to nominate Mayor Pro-Tem Mejia as Mayor.

Motion made by Gill, Seconded by Hammer.

Voting Yea: Mejia
Voting Nay: Parra, Kazarian
ii. Election of Mayor Pro-Tem by City Council
A motion was made to nominate Councilmember Gill as Mayor Pro-Tem.

Motion made by Mejia, Seconded by Hammer.

Voting Yea: Gill
Voting Nay: Parra, Kazarian
9D. Recess
9E. APPOINT delegates to various boards, agencies, and commissions 1) Consolidated Mosquito Abatement District - Craig Mellon 2) Finance Committee - Gill, Parra
3) Five Cities Economic Development Authority - delegate:

Kazarian, alternate: Hammer
4) Fowler Recreation Commission - delegate: Mejia, alternate: Gill 5) Friends of Fowler Library - delegate: Gill, alternate: Hammer 6) Fresno County Council of Government (COG) - delegate: Mejia, alternate: Parra
7) SJV Air Pollution Control District Committee - delegate: Parra, alternate: Kazarian
8) Selma-Kingsburg-Fowler Sanitation District (SKF) - delegate:

Gill, alternate: Mejia
9) South Kings Ground Water Sustainability Agency - delegate:

Kazarian, alternate: Parra
10) Southeast Regional Solid Waste Commission - delegate: Gill, alternate: Parra
11) Veteran's Day Event - Now overseen by Recreation Commission 24 Section 7, Item 7B.

Motion made by Gill, Seconded by Kazarian.

Voting Yea: Mejia, Hammer, Parra
Planning
9F. INTRODUCTION of Ordinance 2024-06 amending Article 5 of Title 9 of the Fowler Municipal Code adding Chapter 9.216 and amending Sections 9.120.030, 9.125.030,

9.160.080, 9.175.040, 9.240.060, 9.240.070, and 9.240.130 regarding regulations relating to housing
Motion made by Kazarian, Seconded by Parra.

Voting Yea: Mejia, Gill, Hammer
Police Department
9G. APPROVE a Second Amendment in the amount of $249,839 to the agreement with Dewberry Architects, Inc., for a total amount of $930,215, for design, bidding and construction support costs for the David T. Cardenas Police Headquarters and Senior Center and authorize the Interim City Manager to execute the amendment One member of the public spoke.

There was no motion.

Council directed staff to follow up with Dewberry and bring the item back at a subsequent meeting.

Councilmember Hammer left the meeting at 7:03 p.m.

10. STAFF COMMUNICATIONS
Updates were provided by Interim City Manager Gaffery, Public Works Director Rocha, Finance Director Moreno, Police Chief Reid, City Clerk Vasquez, and Recreation Supervisor Hernandez.

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

12. CLOSED SESSION
Government Code Section 54956.9(d)(4)
Conference with legal counsel - Anticipated Litigation
Deciding whether to initiate litigation
Four potential cases
One member of the public spoke.

The meeting went into closed session at 7:15 p.m.
25 Section 7, Item 7B.

13. RECONVENE INTO OPEN SESSION AND REPORT ACTION
No reportable action was taken on the closed session item.

14. ADJOURN
Having no further business, the meeting adjourned at 7:27 p.m. 26 Section 7, Item 7B.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: January 7, 2025
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPROVE Resolution No. 2759 adopting the monthly employee share of health benefits premiums for calendar 2025

EXECUTIVE SUMMARY
Approval of Resolution No. 2759 will set the monthly employee share of health benefits premiums for calendar year 2025.

BACKGROUND
Resolution No. 2740 (Employee Benefits Handbook) was adopted on August 20, 2024. Section 14(b) of the Employee Benefits Handbook provides that the City Council shall set the monthly employee share of health benefits premiums by resolution, generally as a part of the annual budget process. This Resolution serves to satisfy the requirement in the approved Employee Benefits Handbook and establish the monthly employee share of health benefits premiums for 2025. The monthly employee share of health benefits premiums for calendar year 2025 remains the same as in prior years.

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

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

GENERAL PLAN CONSISTENCY
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
Employee health benefits costs are included in the Fiscal Year 2024/25 approved budget and will be included in the Fiscal Year 2025/26 proposed budget.

PROCUREMENT PROCESS
This action is not associated with the procurement process. 27 Section 7, Item 7C.

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

Attachments
- Resolution No. 2759 and Attachment A
28 Section 7, Item 7C.

RESOLUTION NO. 2759

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

SETTING THE MONTHLY EMPLOYEE SHARE OF HEALTH BENEFITS
PREMIUMS FOR CALENDAR YEAR 2025
WHEREAS, employee health benefits premiums charged to the City vary from year to year; and
WHEREAS, the Employee Benefits Handbook approved by Resolution No. 2740 provides that the City Council, by resolution, shall set the monthly employee share of Health Benefits premiums, generally as a part of the annual budget process; and WHEREAS, the City has received calendar year 2025 monthly health benefit premium totals from the City’s benefits providers for the medical and prescription medication, dental, and vision plans offered to employees; and
WHEREAS, the City Council now desires to set the monthly employee share of employee health benefits premiums for calendar year 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that employee health premiums for calendar year 2025 are hereby set as shown in Attachment A of this Resolution.

PASSED, APPROVED AND ADOPTED this 7th day of January 2025, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
29 Section 7, Item 7C.

City Pays Employee Pays City Pays Employee Pays
Employee $900.37 $50.00 $985.82 $50.00
Employee & 1 $1,800.75 $65.00 $1,971.64 $65.00
Employee & 2+ $2,340.98 $80.00 $2,563.14 $80.00
Retiree $0.00 $900.37 $0.00 $985.82
Retiree & 1 $0.00 $1,800.75 $0.00 $1,971.64
Retiree & 2+ $0.00 $2,340.98 $0.00 $2,563.14
City Pays Employee Pays City Pays Employee Pays
Employee $50.96 $0.00 $50.96 $0.00
Employee & 1 $110.48 $59.52 $110.48 $59.52
Employee & 2+ $166.38 $115.42 $166.38 $115.42
Retiree Not Offered Not Offered Not Offered Not Offered Retiree & 1 Not Offered Not Offered Not Offered Not Offered Retiree & 2+ Not Offered Not Offered Not Offered Not Offered City Pays Employee Pays City Pays Employee Pays
Employee $19.69 $0.00 $19.69 $0.00
Employee & 1 $28.54 $8.84 $28.54 $8.84
Employee & 2+ $51.18 $31.50 $51.18 $31.50
Retiree Not Offered Not Offered Not Offered Not Offered Retiree & 1 Not Offered Not Offered Not Offered Not Offered Retiree & 2+ Not Offered Not Offered Not Offered Not Offered 2024 2025

ATTACHMENT A
City of Fowler
2025 Employee Monthly Health Benefits Premiums
Blue Cross PPO Medical & EmpiRx Prescription
Sun Life Dental
2024 2025
VSP Vision
2024 2025
30 Section 7, Item 7C.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: January 7, 2025
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPROVE Resolution No. 2760 approving the updated Employee Benefits Handbook

EXECUTIVE SUMMARY
This action adopts revisions to the Employee Benefits Handbook.

BACKGROUND
The City Council approved the current version of the City’s Employee Benefits Handbook on August 20, 2024. Staff is now recommending revisions to the Handbook to address additional benefits and revise text for clarity and consistency to aid with interpretation. Revisions to the updated Employee Benefits Handbook include:
 Adds definition for Temporary Positions and clarifies they shall be governed by any applicable temporary employment agreement, if any, and applicable state and federal laws.
 Adds definition for Meal Periods and provides clarification of missed, working, and unscheduled overtime meal periods.
 Presents all leave hours as earned per pay period or annually, for clarity.  Adds extended family member to Bereavement Leave.
 Clarifies how Holiday CTO is earned in specific circumstances.  Removes Section 19: One-Time Cash-Out. The One-Time Cash-Out was paid on December 31, 2024.
 Adds Section 20: Certified Bilingual Pay.
 Adds Section 21: Streets Division On-Call Stipend.

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. 31 Section 7, Item 7D.

FISCAL IMPACT
Certified bilingual pay, for designated employees who pass the applicable exam, will be absorbed in the Fiscal Year 2024/25 adopted budget.

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. 2760
- Employee Benefits Handbook
32 Section 7, Item 7D.

RESOLUTION NO. 2760

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

APPROVING UPDATED EMPLOYEE BENEFITS HANDBOOK
WHEREAS, the City Council, on August 20, 2024, by approval of Resolution No. 2740, 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. 2740 and be effective beginning on January 8, 2025.

PASSED, APPROVED AND ADOPTED on January 7, 2025, at a regular meeting of the City Council of the City of Fowler by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
33 Section 7, Item 7D.

CITY OF FOWLER

EMPLOYEE BENEFITS HANDBOOK
34 Section 7, Item 7D.

Table of Contents
INTRODUCTION.............................................................................................................................................3 SECTION 1. EMPLOYMENT STATUS...............................................................................................................4 SECTION 2. LEAVE OF ABSENCE WITHOUT PAY............................................................................................6 SECTION 3. SICK LEAVE. ................................................................................................................................7 SECTION 4. BEREAVEMENT LEAVE................................................................................................................9 SECTION 5. MILITARY LEAVE. ......................................................................................................................10 SECTION 6. JURY SERVICE. ..........................................................................................................................11 SECTION 7. CALIFORNIA FAMILY RIGHTS ACT AND FEDERAL FAMILY AND MEDICAL LEAVE ACT..............12 SECTION 8. LEAVE OF ABSENCE FOR POLICE OFFICERS FOR INJURY OR ILLNESS IN LINE OF DUTY. ..........14 SECTION 9. VACATION. ...............................................................................................................................15 SECTION 10. HOLIDAYS ...............................................................................................................................16 SECTION 11. OVERTIME. .............................................................................................................................18 SECTION 12. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT EMPLOYEES......................................................19 SECTION 13. SALARY STEPS AND EVALUATIONS.........................................................................................20 SECTION 14. HEALTH BENEFITS...................................................................................................................22 SECTION 15. AUTOMOBILE ALLOWANCE....................................................................................................23 SECTION 16. RETIREMENT AND RETIREES. .................................................................................................24 SECTION 17. UNIFORMS & EQUIPMENT.....................................................................................................25 SECTION 18. WATER DIVISION ON-CALL STIPEND. .....................................................................................26 SECTION 19. ONE-TIME CASH-OUT.............................................................................................................27 SECTION 19. ANNUAL LEAVE CASH-OUT PROGRAM. .................................................................................28 SECTION 20. CERTIFIED BILINGUAL PAY. ...........................................................................................29 SECTION 21. STREETS DIVISION ON-CALL STIPEND…………………………………………………………………………….30 35 Section 7, Item 7D.

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.
36 Section 7, Item 7D.

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 may 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) Temporary Positions. Temporary Positions are not covered by this Employee Benefits Handbook and shall be governed by any applicable temporary employment agreement, if any, and applicable state and federal laws. (g) 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.
(h) 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 an unpaid one (1) hour meal period, and two (2) paid, non-cumulative, fifteen (15) minute rest periods. The Personnel Officer shall have the authority to approve any deviations from these hours of work based on operational need. (i) Meal Periods.
(1) Missed. No employee shall be required to work during their meal period without the approval of the Department Head, and said time shall be compensated at the applicable hourly straight or overtime rate of pay.
(2) Working Lunch. A full-time employee who is required by their Department Head to remain at the work site or available for work during their full shift shall be permitted to take a meal period, not to exceed thirty (30) minutes, during work time (“Working Lunch”). Police Sergeants, Corporals, and Officers shall automatically be considered eligible for 37 Section 7, Item 7D.

a Working Lunch. Annually, the City Manager shall review and approve the list of assignments where a Working Lunch is eligible and offered.
(3) Unscheduled Overtime After a Shift. When an employee is required to work more than two (2) hours unscheduled overtime after their regularly scheduled workday, the employee may (but is not required to) take a thirty (30) minute paid meal period. Unscheduled Overtime Meal Periods may be taken before or during the overtime shift. (j) 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 shall create procedures to implement this directive section. (k) 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. 38 Section 7, Item 7D.

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.
39 Section 7, Item 7D.

SECTION 3. SICK LEAVE.
(a) Full-Time Employees. Full-time employees shall accumulate sick leave at the rate of eight (8) 3.70 hours per pay period 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.
40 Section 7, Item 7D.

(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. 41 Section 7, Item 7D.

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. (c) Other Leave. Up to eighty (80) hours of sick leave may be used to supplement Bereavement Leave for each death of an immediate or extended 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.
(d) 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.
(e) Extended Family. A person related by blood or marriage to the employee or employee’s spouse or domestic partner, that is not an Immediate Family member. 42 Section 7, Item 7D.

SECTION 5. MILITARY LEAVE.

Military Leave for City employees shall be granted in accordance with State and Federal law. 43 Section 7, Item 7D.

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.
44 Section 7, Item 7D.

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. 45 Section 7, Item 7D.

(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. 46 Section 7, Item 7D.

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. 47 Section 7, Item 7D.

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 Hours Per Year
I Less than 3 years 6.67 hrs per month 80
II Over 3 but less than 10 years 10 hrs per month 120
III Over 10 years 13.33 hrs per month 160
IV FLSA Exempt Employees, regardless of hire date 13.33 hrs per month 160 (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. 48 Section 7, Item 7D.

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. 49 Section 7, Item 7D.

(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 full-time employee is required to work on a holiday as part of their regular shift, or the holiday occurs on their regular day off, that is not a weekend, the employee shall earn the number eight (8) hours 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) 4.62 hours of Holiday Leave per month pay period 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.
50 Section 7, Item 7D.

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. 51 Section 7, Item 7D.

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. Any Unused Administrative Leave shall be paid as a lump sum (up to a pro-rated maximum) upon separation from City service. The pro-rated 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.
52 Section 7, Item 7D.

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 53 Section 7, Item 7D.

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 prepare a Travel Expense Reimbursement Policy for City Council approval. (e) Payroll and Timekeeping. The Personnel Officer shall create procedures for payroll and timekeeping. Any authorized and earned leave balances, other pays, or deductions described in this Handbook shall be accounted for on a prorated per-paycheck basis. 54 Section 7, Item 7D.

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”). 55 Section 7, Item 7D.

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.
56 Section 7, Item 7D.

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.
57 Section 7, Item 7D.

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. 58 Section 7, Item 7D.

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 create procedures for implementation of to implement this section.
59 Section 7, Item 7D.

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. 60 Section 7, Item 7D.

SECTION 19. 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 create procedures for implementation of to implement this section.
61 Section 7, Item 7D.

SECTION 20. CERTIFIED BILINGUAL PAY.
(a) Intent. To provide quality services to all Fowler residents, City staff need to be able to interact with community members in their language of choice. (b) Languages. The Personnel Officer shall maintain a list of eligible languages. (c) Rate. Employees passing a certification exam shall receive Certified Bilingual Pay of one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified.
(d) Designation. Department Heads shall recommend, and the City Manager may approve, those assignments for which bilingual skill is desired and Certified Bilingual Pay may be offered. Employees who transfer to an assignment where bilingual skill is not offered, shall no longer be eligible for Certified Bilingual Pay upon acceptance of the transfer. (e) Annual Verification. The City Manager shall annually review and approve the list of assignments where Certified Bilingual Pay may be eligible and offered. This process may result in the elimination of Certified Bilingual Pay for some or all assignments. Nothing herein is intended to create and nothing herein shall be interpreted as creating a vested right to Certified Bilingual Pay.
(f) Exam. Certified Bilingual Pay may only be offered after the employee has passed a certification exam to verify written and spoken ability. (g) Five-Year Recertification. Employees must take and pass the certification exam every five (5) years.
(h) Implementation. The Personnel Officer shall create procedures to implement this section.
(i) Excluded Positions. Department Heads are not eligible for Certified Bilingual Pay.
62 Section 7, Item 7D.

SECTION 21. STREETS DIVISION ON-CALL STIPEND.
(a) Intent. Public Works Streets Division Personnel are often needed in a 24/7 capacity to serve the residents of Fowler and ensure basic services are provided for maintenance of city streets, concrete infrastructure, and lighting.
(b) Eligibility. The following classifications are eligible to participate in this program: Maintenance Assistant, Maintenance Worker, Lead Maintenance Worker, 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 create procedures to implement this section.
63 Section 7, Item 7D.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: January 7, 2025
FROM: DAWN E. MARPLE, City Planner
SUBJECT: APPROVE Resolution No. 2761 Authorizing the City Manager to execute agreements with the United States Department of Transportation for the City of Fowler Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant application

EXECUTIVE SUMMARY
Staff recommends the City Council approve a resolution authorizing the City Manager to execute agreements with the United States Department of Transportation for the City of Fowler Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant application.

BACKGROUND
The City is seeking funds from the United States Department of Transportation through the RAISE grant program. The resolution is required as part of the award process. Having the resolution completed when submitting an application is advantageous and staff strive to do so whenever possible.

The grant application is due January 30, 2025. Staff are preparing an application for the planning efforts associated with the construction of a new underpass of State Route 99 (SR 99) at Tuolumne Street. The project would include public outreach and technical studies to confirm the feasibility of the underpass at Tuolumne Street as well as to identify improvements to the existing Merced Street underpass.

The City is bisected by SR 99, which causes a significant disconnect between the primarilyresidential west side of the City and the east side where most retail, service, and educational land uses are located. At present, the Merced Street underpass serves as the primary eastwest connection across SR 99. The intersection faces significant congestion, especially during peak travel hours in the morning and evening. Additionally, the facilities for alternative transportation options such as walking or biking are lacking. The intersection is difficult and dangerous to cross without a personal vehicle. Crossing Golden State Boulevard and the railroad at Merced Street poses an additional challenge for pedestrians and bicyclists as the [arterial] is located between 8th street and the railroad, creating an incredibly long conflict zone to navigate by means other than a personal vehicle.
64 Section 7, Item 7E.

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

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

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

General Plan Policy CH-1
Implement an active transportation network that links residential uses with schools, shopping, entertainment, recreation, and employment centers.

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

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

General Plan Goal MOB-5
Safe, well-designed, multi-modal connections exist across State Route 99, Golden State Boulevard, and the Union Pacific Railroad.

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

FISCAL IMPACT
If awarded, the grant award would have a positive fiscal impact for the City.

PROCUREMENT PROCESS
If awarded, the procurement processes of the City of Fowler and of the United States Department of Transportation will be adhered to.

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

Attachments
- Resolution No. 2761
65 Section 7, Item 7E.

RESOLUTION NO. 2761

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AUTHORIZING APPLICATION FOR AND RECEIPT OF REBUILDING AMERICAN

INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) GRANT FUNDS
WHEREAS, the City Council of the City of Fowler is eligible to receive Federal funding for certain transportation related projects through the United States Department of Transportation; and
WHEREAS, the City Council of the City of Fowler is in support of the grant application to the United States Department of Transportation for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program to conduct public outreach and technical studies to confirm the feasibility of a new underpass of State Route 99 at Tuolumne Street and to identified recommended improvements at the existing Merced Street undercrossing; and WHEREAS, a grant agreement and other documents may need to be executed with the United States Department of Transportation before such funds can be reimbursed through the RIASE grant program; and
WHEREAS, the City Council of the City of Fowler wishes to delegate authorization to execute these agreements and any amendments thereto; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the City Manager is authorized to execute all grant agreements and other documents and any amendments thereto related to the United States Department of Transportation for the City of Fowler RAISE grant application.

PASSED, APPROVED AND ADOPTED this 7th day of January 2025, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
66 Section 7, Item 7E.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: January 7, 2025
FROM: DAWN E. MARPLE, City Planner
SUBJECT: ADOPT Ordinance 2024-06 amending Article 5 of Title 9 of the Fowler Municipal Code adding Chapter 9.216 and amending Sections 9.120.030, 9.125.030, 9.160.080, 9.175.040, 9.240.060,

9.240.070, and 9.240.130 regarding regulations relating to housing

EXECUTIVE SUMMARY
The City adopted a comprehensive update to its Zoning Ordinance on July 16, 2024.

Ordinance No. 2024-06 would amend the Zoning Ordinance to comply with the recently adopted Housing Element.

BACKGROUND
As discussed above, the City adopted its comprehensive zoning code in July of this year. The Zoning Ordinance update was focused on streamlining the development process, adding clarity to established procedures, and ensuring compliance with recent legislative updates as well as the City’s Housing Element. After adoption, in October of 2024, the City completed the final version of the Housing Element. This has resulted in some necessary amendments to the recently adopted zoning code.

Pursuant to Fowler Municipal Code Table 9.30.090-1, at a regular meeting on November 7, 2024, the Planning Commission made a recommendation to the City Council to find that the Project is exempt from further environmental analysis and to approve the Project.

At a regular meeting of the City Council on December 17, 2024, the Council heard the item, voting unanimously (5-0) to waive the first reading of Ordinance No. 2024-06 and to approve Zoning Text Amendment No 24-34.
67 Section 7, Item 7F.

Table 1 below provides a summary of the proposed restructure to the Code, as well as notable changes.

Table 1. Summary of the Proposed Zoning Code Amendments by Section # Title Summary of Change

9.120.030 Allowed Uses in Residential
Zones
Group Residential Facilities are required to be
allowed in zones where residential uses are
allowed. Farmworker and employee housing is
required to be allowed where agricultural uses
are allowed.

9.125.030 Allowed Uses in Commercial
Zones
Emergency Shelters to be allowed in C-2,
previously in C-3. Low Barrier Navigation
Centers, a type of Emergency Shelter, are byright in mixed use zones (C-1 and C-2). A minimum amount of residential density is
required on sites identified in the Housing
Element.

9.140.030 Allowed Uses in Form-Based
Code Zone
Low Barrier Navigation Centers, a type of
Emergency Shelter, are by-right in mixed use
zones (FBC)

9.160.080 Density Bonus Changes are made to comply with the recent enactment of SB 713.

9.175.040 Parking Requirements Established parking standards for emergency shelters and Low Barrier Navigation Centers.

9.217 Emergency Shelters (new) Establishes development standards for Emergency Shelters.

9.240 Definitions Establishes definitions for Low Barrier Navigation Centers. Differentiates farmworker housing from
employee housing. Expands definition of
Emergency Shelter.

Zoning Text Amendment Findings (FMC § 9.110.070):

Prior to approving an application for a Zoning Code Amendment, the approving authority is required to make all of the following findings:

1. The Zoning Code or Zoning Map Amendment is consistent with the intent of the goals and policies of the General Plan.

Zoning Text Amendment No. 24-34 is consistent with the City’s General Plan and will align with its goals and policies, including those of the recently-adopted 2023-2031 Housing Element.

2. The Zoning Code or Zoning Map Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

Zoning Text Amendment No. 24-34 would result in increased regulations for emergency shelters in the City, within the boundaries of what is allowed by State law. 68 Section 7, Item 7F.

3. The Zoning Code or Zoning Map Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

Zoning Text Amendment No. 24-34 would not infringe on property development rights beyond what is already required by State law. Zoning Text Amendment No. 24-34 would also not have an impact on sensitive land uses and species.

4. The Zoning Code or Zoning Map Amendment ensures protection of the general health, safety, and welfare of the community.

Zoning Text Amendment No. 24-34 would serve to better regulate emergency shelters within the City, a use that may occur in the future. Zoning Text Amendment No. 24-34 would not conflict with protection of the general health, safety, and welfare of the community.

PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on December 6, 2024, which is at least ten (10) days prior to the public hearing.

ENVIRONMENTAL REVIEW
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA (Pub.

Res. Code § 21000, et seq.; Cal. Code Regs. Tit. 14, § 15000, et seq. [“CEQA Guidelines”].) Zoning Text Amendment No. 24-34 qualifies as a “project” under CEQA because it involves the “enactment and amendment of zoning ordinances,” as described in CEQA Guidelines section 15378, subdivision (a)(1).

The second step is to determine whether the Project is exempt from further environmental review by a statutory or categorical exemption. While the Project meets the qualifications to be considered a “project” under CEQA, this amendment to the City’s Zoning Ordinance is consistent with the 2040 General Plan EIR (SCH No. 2021110053) and therefore is exempt from further environmental review under CEQA. (Cal. Code Regs., Tit. 14, § 15183, subd. (a) and (i).) Further, there is no new information or substantial changes that would require further environmental review pursuant to CEQA Guidelines section 15162. If the Project is approved, a Notice of Exemption for Zoning Text Amendment No. 24-34 will be filed with the County Clerk and the State Clearinghouse.

GENERAL PLAN CONSISTENCY
As described above, the Zoning Ordinance was prepared to specifically align with the goals and policies of the General Plan. The following table is an excerpt of the General Plan action items that this Zoning Ordinance is intended to satisfy. 69 Section 7, Item 7F.

Action Item No. Action Item
ED-14b Identify and resolve barriers in the City’s Zoning Ordinance and administrative and regulatory processes to reduce inefficiencies and time delays associated with the development approvals.

ED-11a Review and revise, as needed, the Zoning Ordinance and other City policies to encourage the development of a range of housing that can support the diverse housing needs of the local workforce.

ED-4b Review and revise, as needed, the review procedures for minor improvements to existing development and streamline the review and approval process to the extent feasible.

CH-14a Review and revise the Zoning Ordinance and other City regulations, as needed, to allow for multi-generational homes, accessory dwelling units, and other housing types that may accommodate larger households and potentially reduce overcrowding.

LU-13a Review and revise the Zoning Ordinance, as necessary, to reflect increased density allowances for planned unit developments at the City’s discretion. Granting of additional density (not to exceed 25%) will depend on the developer's demonstration of the quality of design in such areas as access, circulation, building placement, parking, provision of open space, and architectural design and compatibility with the surrounding area.

FISCAL IMPACT
The zoning text amendment would result in the collection of development impact fees in accordance with the City’s most current development impact fee schedule at the time that the Code Update application was received by the City. Citywide development in accordance with the Code Update would also increase the assessed value of property and therefore generate additional ongoing property tax revenue to the City. Additionally, compliance with the programs in the Housing Element would allow the City to be found in compliance with its Housing Element, which would allow the City to be eligible for housing-related grants.

PROCUREMENT PROCESS
No procurement is associated with this action.

CONFLICT OF INTEREST
There is no perceived conflict of interest. Although approval of zoning text amendment would have an effect on each of the City Councilmembers as citizens of Fowler, but because the proposed amendments are being applied Citywide, any financial effect on the City Council would be indistinguishable from the general public. (Cal. Code Regs., Tit.8, § 18703.) Attachments
- Attachment 1: Ordinance No. 2024-06
70 Section 7, Item 7F.

ORDINANCE NO. 2024-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER TO ADD CHAPTER 9.216 TO ARTICLE 5 OF TITLE 9 OF THE FOIWLER MUNICIPAL CODE AND TO AMEND FOWLER MUNICIPAL CODE SECTIONS 9.120.030, 9.125.030,

9.160.080, 9.175.040, 9.240.060, 9.240.070, AND 9.240.130 TO ADD AND AMEND REGULATIONS RELATING TO HOUSING.

WHEREAS, on July 16, 2024, the City Council of the City of Fowler adopted Ordinance No. 2024-03, adopting a new comprehensive Zoning Ordinance; and WHEREAS, on October 1, 2024, the City Council of the City of Fowler adopted the 2023- 2031 Housing Element; and
WHEREAS, within the new Housing Element, amendments to the zoning ordinance were required; and
WHEREAS, the City has now proposed Zoning Text Amendment No. 24-34 (described herein ) to amend Article 5 of Title 9 of the Fowler Municipal Code (Zoning Ordinance) by adding Chapter 9.216 and amending Section 9.175.040, to establish development standards for emergency shelters within the City; and
WHEREAS, Fowler Municipal Code Sections 9.120.030 and 9.125.030 would also be amended in order to reflect where Low Barrier Navigation Centers, Farmworker Housing, Employee Housing, and Large Residential Care Facilities can locate; and WHEREAS, Fowler Municipal Code Section 9.125.030 would also be amended in order to mandate a minimum amount of residential density on specific sites identified in the Housing Element; and
WHEREAS, Fowler Municipal Code Section 9.160.080 would be amended in order to reflect current State Density Bonus Law requirements; and WHEREAS, Fowler Municipal Code sections 9.240.060, 9.240.070, and 9.240.130 would be amended in order to add definitions for “Low Barrier Navigation Center”, and modify definitions of “Employee Housing” and “Farmworker Housing”; and WHEREAS, at a regular meeting on Thursday, November 7, 2024, at 6:30pm, the Fowler Planning Commission conducted a public hearing to consider Zoning Text Amendment No. 24-34 and adopted Resolution No. 708, recommending that the City Council find that the Project be exempt from further environmental analysis and approve Zoning Text Amendment No. 24-34; and WHEREAS, at a regular meeting on Tuesday, December 17, 2024, at 6:00pm, the Fowler City Council conducted a public hearing to consider Zoning Text Amendment No. 24-34; and 71 Section 7, Item 7F.

WHEREAS, notice of said public hearing was published in the Friday, December 6, 2024, edition of The Business Journal, posted at City Hall and the City’s website; and WHEREAS, the City Council, has reviewed and considered the staff report, and all evidence presented at the City Council’s regular meeting on December 17, 2024, including oral and written public testimony on the project, and which is herein incorporated by this reference, regarding recommending approval of Zoning Text Amendment No. 24-34 as described herein (“Administrative Record”).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that this Ordinance is consistent with the Fowler General Plan and General Plan Environmental Impact Report (EIR), and further find that this Ordinance is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15183, subdivision (a).

SECTION 2. The City Council makes the following findings pursuant to Fowler Municipal Code section 9.110.070:
a. This Ordinance is consistent with the intent of the goals and policies of the General Plan.
b. This Ordinance prescribes reasonable controls and standards to ensure compatibility with other established uses.
c. This Ordinance provides reasonable property development rights while protecting environmentally sensitive land uses and species.
d. This Ordinance ensures protection of the general health, safety, and welfare of the community.

SECTION 3. Chapter 9.216 is hereby added to Article 5 of Title 9 of the Fowler Municipal Code, to read as follows:

CHAPTER 9.216 EMERGENCY SHELTERS

9.216.010 Purpose
The purpose of this Chapter is to establish regulations for emergency shelters.

9.216.020 Applicability
The requirements contained in this Chapter apply to all emergency shelters. 72 Section 7, Item 7F.

9.216.030 Development Standards for Emergency Shelters
The following development standards apply to all emergency shelters:

A. Waiting and Client Intake Areas. Outdoor waiting areas may not be located in the public right-ofway, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients. An indoor waiting area must be provided.

B. Separation Requirements. Emergency shelters shall be located no closer than 300 feet from another emergency shelter.

C. On-Site Management. Continuous on-site supervision during hours of operation shall be provided.

Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two (2)staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.

D. Maximum Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six (6) months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

E. Security. The facility shall have on-site security personnel during all hours when the shelter is in operation, and at all times when shelter clients are present on site.

SECTION 4. Table 9.120.030-1 of Fowler Municipal Code section 9.120.030 is hereby amended to amend and add the following rows, according to the service type and by alphabetical order:

Allowed Use R R-MP RM
Additional
Requirements
Agricultural
Farmworker
Housing P P P
Service
Group Residential
Facilities (Licensed),
Large
Major C-- Major C Major C
Group Residential
Facilities
(Unlicensed), Large
Minor C-- Minor C Minor C
Residential Care
Facilities, Large Major C-- Major C Major C
Residential
Employee Housing ZC -- --
73 Section 7, Item 7F.

SECTION 5. Table 9.125.030-1 of Fowler Municipal Code section 9.125.030 is hereby amended to add the following row, according to the service type and by alphabetical order:

Allowed Use C1 C2 C3
Additional
Requirements
Service
Emergency Shelter -- --M M--
Chapter 9.217
(Emergency
Shelters)
Low Barrier
Navigation Center M M --
Residential
Dwelling, Mixed-Use
Residential
Component
P/Major C3,4 P/Major C3,4-- Section 9.120.070
(Multifamily
Residential Design
Standards)
4 Minimum residential density applies to the Sites as identified and described in the current Housing Element. This requirement shall not apply if the City demonstrates that a sufficient number of dwelling units in the City have been constructed to satisfy the dwelling unit requirements applicable to these areas.

SECTION 6. Fowler Municipal Code section 9.160.080 is hereby amended to read as follows:

B. Number of Incentives or Concessions. The following number of incentives or concessions may be granted, based on the number and income level of affordable housing units of the housing development.

1. One (1) incentive for qualified housing development projects that include at least five percent (5%) of the total units for very low-income households, at least ten percent (10%) for low-income households, at least twenty percent (20%) for lower income students in a student housing development, or at least ten percent (10%) for persons and families of moderate-income households in a common interest development.

2. Two (2) incentives for qualified housing development projects that include at least ten percent (10%) of the total units for very low-income households, at least seventeen percent (17%) for lowincome households, or at least twenty percent (20%) for persons and families of moderate-income households in a common interest development.

3. Three (3) incentives for qualified housing development projects that include at least fifteen percent (15%) of the total units for very low-income households, at least twenty-four percent (254%) for low-income households, or at least thirty percent (30%) for persons and families of moderateincome households in a common interest development.

4. Four (4) incentives for projects that include at least sixteen percent (16%) of the units for very lowincome households or at least 45 percent (45%) for persons and families of moderate income in a development in which the units are for sale.

5. Five (5) incentives for qualified housing developments that include one hundred percent (100%) of total units, exclusive of a manager's unit or units, for lower income households, except that up to twenty percent (20%) of the total units in the development may be for moderate-income households.

6. Additional incentives or concessions. Projects meeting either of the following criteria shall receive incentives and concessions in addition to the number specified above. 74 Section 7, Item 7F.
a. If the project is within one-half (1/2) mile of a major transit stop, the project shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet. b. A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

SECTION 7. Table 9.180.040-1 of Fowler Municipal Code section 9.175.040 is hereby amended to add the following row, according to the service type and by alphabetical order:

Use Spaces Required1,2
Public Facilities and Utilities
Emergency Shelters and Low Barrier
Navigation Centers
1 space for every 350 sq ft
SECTION 8. Fowler Municipal Code section 9.240.060 is hereby amended to read as follows, and inserted according to alphabetical order:

Emergency Shelter. Housing, as defined in California Health and Safety Code section 50801, with minimal supportive services for families or individuals experiencing homelessness, where occupancy is limited to 180 days or less. Medical assistance, counseling, and meals may be provided. It includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

Employee Housing. Living quarters for six or fewer employees including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this Section.

SECTION 9. Fowler Municipal Code section 9.240.070 is hereby amended to read as follows, and inserted according to alphabetical order:

Farmworker Housing. Living accommodations, up to 12 units or 36 beds, for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile homes.

SECTION 10. Fowler Municipal Code section 9.240.130 is hereby amended to read as follows, and inserted according to alphabetical order:

Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2) Pets.
3) The storage of possessions.
4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
75 Section 7, Item 7F.

SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.

The City Council of the City of Fowler hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 12. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 13. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.

The foregoing ordinance was introduced at a regular meeting of the City Council held on the 17th day of December 2024, and was adopted at a regular meeting of said Council held on the 7th day of January 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
76 Section 7, Item 7F.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: January 7, 2025
FROM: ERIC M. ROCHA, Public Works & Public Utilities Director SUBJECT: APPROVE the purchase of a 2023 Ford F350 Regular Cab Service Body Pickup from Lithia Ford of Fresno in the amount of $65,791.82 and authorize the Interim City Manager to execute the purchase agreement

EXECUTIVE SUMMARY
This action authorizes the purchase of a service truck to replace the 20-year-old service truck damaged in a vehicle collision. The purchase is funded primarily by the City’s insurance carrier.

BACKGROUND
On November 19, 2024, the City of Fowler’s 2002 Ford F-350 service truck was involved in a vehicle collision while performing routine field service duties. The vehicle was deemed a total loss by the City’s insurance carrier.

City staff utilize this vehicle for many tasks including drinking water well site maintenance, water distribution pipe and valve repairs, fire hydrant maintenance and replacement, water meter installations and repairs, and emergency response services. To perform these essential functions, staff require specialized vehicles to transport skilled personnel, heavy equipment, specialized tools, and materials crucial for maintaining and enhancing the City's infrastructure.

It's absence severely impacts the City’s ability to respond promptly to service needs, resulting in delays and potential disruptions to scheduled maintenance.

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

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

GENERAL PLAN CONSISTENCY
Goal LU-16a
Develop an ongoing improvement program for the downtown which maintains its unique character and provides an opportunity for a variety of services, retail uses, offices, and housing.
77 Section 7, Item 7G.

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

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

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

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

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

Policy PF-6
Prepare and maintain resources and mechanisms to adequately plan for, develop, and maintain public facilities.

FISCAL IMPACT
The City’s insurance carrier will reimburse the City 120% of the vehicle’s replacement value, totaling $64,057.20 (based on a replacement value of $53,381.00). The remaining balance of $1,734.62 will be paid from the City’s Water Fund.

PROCUREMENT PROCESS
Consistent with the purchasing policy, staff obtained 3 quotes from vendors. Additionally, as this purchase is above the City Manager’s purchasing authority, the item is being brought forward for City Council consideration.

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

Attachments
- Lithia Ford F350 Quote
78 Section 7, Item 7G.

LITHIA FORD LINCOLN OF FRESNO
12/20/2024
Customer: CITY OF FOWLER Remit to Address:

Street Address 128 S 5TH STREET Lithia Ford Lincoln of Fresno City FOWLER 195 E Auto Center Dr
State CA Fresno Ca, 93710
Zip 93625 559-435-8400
Contact: ERIC ROCHA From: Dean Payne
Fleet Manager
Office: 559-834-3113 #121 Office: 559-436-4150
Email: [email protected] Email: [email protected]
Customer PO #: Ordered By: Order Date: Ship Date: Terms:

Eric Rocha
Product
Code
Quantity
Ordered
Quantity
Shipped Unit Price Total
NFT 1 1 $60,250..00 $60,250.00
Subtotal: $60,250.00
Tax: $5,415.07
Fees $126.75
Total Due: $65,791.82
195 East Auto Center Drive Fresno, CA 93710 (559) 435-8400 Equipped with Scelzi Service Body, Ladder Rack
Receiver Hitch, Rear View Camera
Invoice Number FD23
12/20/2024 C.O.D.

Invoice Date:

Product Description
New 2023 Ford F350 Reg Cab Service Body
1FTRF3AAXPEE21347
Below Fees Include:

Registration Fee N/A
California Tire Fee 8.75
Electronic Filing Fee 33.00
DOC Processing Fee 85.00
Lithia Ford Lincoln of Fresno 195 East Auto Center Dr Fresno, CA 93710 (559) 435-8400 79 Section 7, Item 7G.

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: January 7, 2025
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE Resolution No. 2762 to adopt the engineer’s report and declare the City Council’s intent to order the annexation of Tract 6405 into the City’s Landscape and Storm Drainage Facilities Maintenance District No. 1

EXECUTIVE SUMMARY
Approve Resolution 2762 which adopts the engineer’s report and declares the City Council’s intent to order the annexation of Tract 6405 into the City’s Landscape and Storm Drainage Facilities Maintenance District No. 1 (“LSDFMD No. 1”) with a public hearing and ballot opening on the annexation of Tract 6405 for March 4
th, 2025.

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

The Act allows for newly developed properties to be annexed into an existing landscape and maintenance district. (Sts. & Hy. Code, § 22605, subd. (a).) In accordance with the conditions for approval for Tract No. 6405 (hereinafter referred to as, the “Tract”) these subdivisions must be annexed into the City’s LSDFMD No. 1. K. Hovnanian Homes Southern California, Inc. (“KHOV”) along with ten (10) owners own the parcels within Tract 6405. The original owner of the entire Tract, KHOV, filed a petition and written consent with staff requesting the City to initiate proceedings to annex the Tract into LSDFMD No. 1 (“Petition”). Accordingly, on October 3, 2023, the City adopted Resolution No. 2679, initiating proceedings to annex the Tract into the City’s LSDFMD, and ordered the City Engineer to prepare the Engineer’s Report for the annexation of the Tract.

On September 27, 2024, the City Engineer prepared and filed the Engineer’s Report for the annexation of the Tract with the City Clerk. (Sts. & Hy. Code, § 22586.) Now, in accordance with Government Code section 53753, subdivision (c), the City Engineer will send each of the landowners within the Tract an assessment ballot 45 days prior to the scheduled public hearing and opening of the ballot. The City Clerk may receive assessment ballots from property owners 80 Section 9, Item 9B.
up until the close of the public hearing. At the conclusion of the public hearing, the City Council will then direct the City Clerk to open each of the assessment ballots received and tabulate the results. A majority protest exists if the ballots submitted in opposition to the proposed annexation exceed the ballots submitted in favor of the annexation, weighting those ballots by the number of parcels owned by each property owner. (Gov. Code § 53753, subd. (e)(4).) If no majority protest exists, the Council is authorized to adopt the attached resolution approving the annexation of the Tract.

KHOV initially opposed the ballot not in favor the annexation. After discussion with City staff they are now in favor of the annexation and have requested a re-issuing of annexation ballot.

PUBLIC NOTICE
Each property owner within the Tract will be mailed a public hearing notice which includes an annexation ballot no less than 45 days prior to this public hearing.

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

GENERAL PLAN CONSISTENCY
This action is consistent with:

General Plan Goal OS-4
Open space acquisition, development, programming, and maintenance is adequately and reliably funded.

FISCAL IMPACT
If the annexation of the Tract is approved, each parcel within the annexed Tract would be assessed annually. The assessment revenue will assist the City in paying the annual maintenance costs associated with these improvements.

PROCUREMENT PROCESS
No procurement is associated with this action.

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

Attachments
- Resolution No. 2762 (Declaration of intent to Annex Tract 6405 into LSDFMD No. 1) - Engineer’s Report for Tract 6405 (Dated September 27, 2024) 81 Section 9, Item 9B.
1 RESOLUTION NO. 2762

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
ADOPTING THE ENGINEER’S REPORT FOR THE ANNEXATION OF TRACT 6405; DECLARING ITS INTENT TO ORDER THE ANNEXATION OF TRACT 6405 INTO THE CITY’S LANDSCAPING AND STORM DRAINAGE FACILITIES MAINTENANCE DISTRICT NO 1; GIVING NOTICE SETTING THE TIME AND PLACE OF THE PUBLIC HEARING ON THE ANNEXATION; AND ORDERING AN

ASSESSMENT PROCEEDING AND BALLOT PROCEEDING TO BE CONDUCTED BY MAIL.

WHEREAS, the City Council has adopted Resolution No. 2679, on October 3, 2023, initiating proceedings for the annexation of Tract 6405, and ordering the City Engineer to prepare an Engineer’s Report for the properties to be annexed into the City’s Landscaping and Storm Drainage Facilities Maintenance District No. 1 (“LSDFMD No. 1”) of the City of Fowler, County of Fresno, pursuant to the Landscaping and Lighting Act of 1972 (the “Act”); and WHEREAS, the City Council did thereafter designate and order the City Engineer, to prepare an Engineer’s Report regarding the annexation of Tract 6405 into LSDFMD No. 1, and the assessments to be levied within Tract 6405 each fiscal year; and WHEREAS, the City Engineer has prepared and filed the Engineer’s Report dated September 27, 2024, with the City Clerk for submission to the City Council for consideration and is incorporated by this reference herein; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to California Streets and Highways Code section 22587, which fixes and gives notice, pursuant to Streets and Highways Code section 22588, of the time and place of a public hearing on said annexation.

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

1. The Engineer’s Report and the assessment of the estimated costs of improvements contained therein, and each and every part of the Engineer’s Report, is hereby adopted and approved.

2. The Engineer’s Report provides for the description of the improvements, the boundaries of the assessment district and any zones therein (including the general location), and the proposed assessments upon Tract 6405 that are being annexed into LSDFMD No. 1. (Refer to Exhibit C of the Engineer’s Report.)

3. The City Council hereby declares its intention to order the annexation of Tract 6405, as described by the Engineer’s Report, into LSDFMD No. 1, and to levy and collect an annual assessment on all assessable lots and parcels of property within Tract 6405, commencing with fiscal year 2025-2026.

4. That on Tuesday, March 4
th, 2025 or as soon thereafter as possible, at the City of Fowler Council Chambers, 128 South 5th Street, Fowler, California, is the time and place set for 82 Section 9, Item 9B.
2 the public hearing of all persons interested in or objection to the proposed annexation of Tract 6405 into LSDFMD No. 1.

5. Each owner of record of each of the properties identified within Tract 6405, are to receive by mail an assessment ballot that shall conform to the requirements set forth in California Government Code section 53753. The assessment ballots are to be returned prior to the above-referenced public hearing.

6. Notice of Public Hearing regarding the annexation of Tract 6405 into LSDFMD No. 1, shall be provided in accordance with Streets and Highways Code sections 22608 and 22588, and Government Code section 53753.
a. Notice of Public Hearing shall be given by first-class mail, postage prepaid, those notices, as prepared by the City Attorney, assessment ballot and information sheets as required by Government Code section 53753, to all owners of record for the properties within the Tracts, as shown on the last equalized assessment roll of the County of Fresno. Mailing is to be made by the City Engineer, and deposited with the U.S. Post Office at least forty-five (45) days prior to the Public Hearing on March 4
th, 2025.

THE FOREGOING RESOLUTION of the City Council of the City of Fowler was duly and regularly introduced, passed and adopted at a special meeting of the City Council on the 7th day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
_____________________________________
Juan Mejia, Mayor
ATTEST:
_____________________________________
Angela Vasquez, City Clerk
83 Section 9, Item 9B.

CITY OF FOWLER, CALIFORNIA

ENGINEER'S REPORT
OF

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT No. 1
2024-2025 TAX YEAR
ANNEXATION OF TRACTS 6405 INTO THE DISTRICT
SOO HO PARK, PE.

CITY ENGINEER

CITY OF FOWLER

CALIFORNIA
September 2024
84 Section 9, Item 9B.

ENGINEER'S REPORT
OF

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT No. 1

FOWLER, CALIFORNIA
2024-2025 TAX YEAR
I, Soo Ho Park, Engineer for the City of Fowler, Landscaping and Storm Drainage Facilities Maintenance District No. 1, hereby submit the Engineer's Report of said project as follows:

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

The Plans and Specifications for the Development of Tract 6405.

The improvements consist of landscaping, drainage pipelines and lagoon disposal and appurtenances and irrigation systems on South Sunnyside Avenue and East South Avenue serving Tract 6405.

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

C. Proposed Assessment
I do hereby assess and apportion said total amount of the cost and expenses of said operations, servicing and maintenance, upon the several lots, or parcels of land liable therefore and benefited thereby all as is more particularly set forth in the assessment roll filed herewith, marked Exhibit "B", and incorporated herein by reference. The numbers on said assessment roll correspond with the assigned numbers upon the assessment diagram filed herewith and marked Exhibit "C". Said assessment is made upon the several parcels of land within said district in proportion to the estimated benefits to be received by said parcels respectively from said maintenance.
85 Section 9, Item 9B.

D. Assessment Diagram
The diagram entitled "Assessment Diagram of the City of Fowler, Landscaping and Storm Drainage Facilities Maintenance District No. I , County of Fresno, State of California", containing one (1) sheet, filed herewith, Exhibit "C" and hereby incorporated herein as set forth in full, delineates the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within said District. Each lot or parcel of land having been assigned a distinctive number upon said assessment diagram. ____________________________
Soo Ho Park, City Engineer
September 27, 2024
Dated
86 Section 9, Item 9B.
87 Section 9, Item 9B.

Exhibit A
Engineer's Report of City of Fowler
Landscaping and Storm Drainage System Maintenance District No. 1 County of Fresno, State of California
88 Section 9, Item 9B.

EXHIBIT "A"
Engineer's Report of
City of Fowler
Landscaping and Storm Drainage System Maintenance District No. 1 Fowler, California
2024-2025 TAX YEAR
I. Tract No. 6405
A. Maintenance Costs

1. Landscaping and Storm Drainage $19,750.80
B. Toxic Build-Up

1. Soil Sample Tests $0

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

1. Legal $500.00

2. Engineering Assessment Report (following year) $850.00

3. Administration & Recording Fees $350.00
D. Reserve $0
Total Tract No. 6405 $21,450.80
89 Section 9, Item 9B.

ENGINEER'S CALCULATIONS
FOR

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT No. 1
A. Tract No. 6405 70
Total Number of Parcels = 70
90 Section 9, Item 9B.

ASSESSMENT COSTS
FOR

CITY OF FOWLER

LANDSCAPING AND STORM DRAINAGE FACILITIES
MAINTENANCE DISTRICT NO. 1
I.Tract No. 6405
Assessment Cost – $21,450.80/ 70 Parcels = $306.44/ Parcel *Parcels not assessed for FY 24-25
91 Section 9, Item 9B.

SUMMARY

ASSESSMENT TOTALS
I. Tract No. 6405 $21,450.80
Total Assessment for 2024-2025 $21,450.80
92 Section 9, Item 9B.

Exhibit B
Assessment Roll of City of Fowler
Landscaping and Storm Drainage System Maintenance District No. 1 County of Fresno, State of California
93 Section 9, Item 9B.

City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2024-25 Tax Year
Exhibit "B"
Assessment
Number Tract Assessor'sParcel No. Owner No. ofNames
1 6405 345-261-01s $306.44 K. Hovnanian Homes Northern California, Inc. 1 2 6405 345-261-02s $306.44 K. Hovnanian Homes Northern California, Inc. 1 3 6405 345-261-03s $306.44 K. Hovnanian Homes Northern California, Inc. 1 4 6405 345-261-04s $306.44 K. Hovnanian Homes Northern California, Inc. 1 5 6405 345-261-05s $306.44 K. Hovnanian Homes Northern California, Inc. 1 6 6405 345-261-06s $306.44 K. Hovnanian Homes Northern California, Inc. 1 7 6405 345-261-07s $306.44 K. Hovnanian Homes Northern California, Inc. 1 8 6405 345-261-08s $306.44 K. Hovnanian Homes Northern California, Inc. 1 9 6405 345-261-09s $306.44 K. Hovnanian Homes Northern California, Inc. 1 10 6405 345-261-10s $306.44 K. Hovnanian Homes Northern California, Inc. 1 11 6405 345-261-11s $306.44 K. Hovnanian Homes Northern California, Inc. 1 12 6405 345-261-12s $306.44 K. Hovnanian Homes Northern California, Inc. 1 13 6405 345-261-13s $306.44 K. Hovnanian Homes Northern California, Inc. 1 14 6405 345-261-14s $306.44 K. Hovnanian Homes Northern California, Inc. 1 15 6405 345-261-15s $306.44 K. Hovnanian Homes Northern California, Inc. 1 16 6405 345-261-16s $306.44 K. Hovnanian Homes Northern California, Inc. 1 17 6405 345-261-17s $306.44 K. Hovnanian Homes Northern California, Inc. 1 18 6405 345-262-01s $306.44 K. Hovnanian Homes Northern California, Inc. 1 19 6405 345-262-02s $306.44 K. Hovnanian Homes Northern California, Inc. 1 20 6405 345-262-03s $306.44 K. Hovnanian Homes Northern California, Inc. 1 21 6405 345-262-04s $306.44 K. Hovnanian Homes Northern California, Inc. 1 22 6405 345-262-05s $306.44 K. Hovnanian Homes Northern California, Inc. 1 23 6405 345-262-06s $306.44 K. Hovnanian Homes Northern California, Inc. 1 24 6405 345-262-07s $306.44 K. Hovnanian Homes Northern California, Inc. 1 25 6405 345-262-08s $306.44 K. Hovnanian Homes Northern California, Inc. 1 26 6405 345-262-09s $306.44 K. Hovnanian Homes Northern California, Inc. 1 27 6405 345-262-010s $306.44 K. Hovnanian Homes Northern California, Inc. 1 28 6405 345-263-01s $306.44 K. Hovnanian Homes Northern California, Inc. 1 29 6405 345-263-02s $306.44 K. Hovnanian Homes Northern California, Inc. 1 30 6405 345-263-03s $306.44 K. Hovnanian Homes Northern California, Inc. 1 31 6405 345-263-04s $306.44 K. Hovnanian Homes Northern California, Inc. 1 32 6405 345-263-05s $306.44 K. Hovnanian Homes Northern California, Inc. 1 33 6405 345-263-06s $306.44 K. Hovnanian Homes Northern California, Inc. 1 34 6405 345-263-07s $306.44 K. Hovnanian Homes Northern California, Inc. 1 35 6405 345-263-08s $306.44 K. Hovnanian Homes Northern California, Inc. 1 36 6405 345-263-09s $306.44 K. Hovnanian Homes Northern California, Inc. 1 37 6405 345-263-10s $306.44 K. Hovnanian Homes Northern California, Inc. 1 38 6405 345-263-11s $306.44 K. Hovnanian Homes Northern California, Inc. 1 39 6405 345-263-12s $306.44 K. Hovnanian Homes Northern California, Inc. 1 40 6405 345-263-13s $306.44 K. Hovnanian Homes Northern California, Inc. 1 41 6405 345-263-14s $306.44 K. Hovnanian Homes Northern California, Inc. 1 42 6405 345-263-15s $306.44 K. Hovnanian Homes Northern California, Inc. 1 43 6405 345-263-16s $306.44 K. Hovnanian Homes Northern California, Inc. 1 44 6405 345-263-17s $306.44 K. Hovnanian Homes Northern California, Inc. 1 45 6405 345-263-18s $306.44 K. Hovnanian Homes Northern California, Inc. 1 46 6405 345-263-19s $306.44 K. Hovnanian Homes Northern California, Inc. 1 47 6405 345-263-20s $306.44 K. Hovnanian Homes Northern California, Inc. 1 48 6405 345-263-21s $306.44 K. Hovnanian Homes Northern California, Inc. 1 49 6405 345-263-22s $306.44 K. Hovnanian Homes Northern California, Inc. 1 50 6405 345-263-23s $306.44 K. Hovnanian Homes Northern California, Inc. 1 51 6405 345-264-01s $306.44 K. Hovnanian Homes Northern California, Inc. 1 52 6405 345-264-02s $306.44 K. Hovnanian Homes Northern California, Inc. 1 53 6405 345-264-03s $306.44 K. Hovnanian Homes Northern California, Inc. 1 Page B-1
City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. 1 Proposed Assessments
2024-25 Tax Year
Exhibit "B"
Assessment
Number Tract Assessor'sParcel No. Owner No. ofNames
54 6405 345-264-04s $306.44 K. Hovnanian Homes Northern California, Inc. 1 55 6405 345-264-05s $306.44 K. Hovnanian Homes Northern California, Inc. 1 56 6405 345-264-06s $306.44 K. Hovnanian Homes Northern California, Inc. 1 57 6405 345-264-07s $306.44 K. Hovnanian Homes Northern California, Inc. 1 58 6405 345-264-08s $306.44 K. Hovnanian Homes Northern California, Inc. 1 59 6405 345-264-09s $306.44 K. Hovnanian Homes Northern California, Inc. 1 60 6405 345-264-10s $306.44 K. Hovnanian Homes Northern California, Inc. 1 61 6405 345-264-11s $306.44 K. Hovnanian Homes Northern California, Inc. 1 62 6405 345-264-12s $306.44 K. Hovnanian Homes Northern California, Inc. 1 63 6405 345-264-13s $306.44 K. Hovnanian Homes Northern California, Inc. 1 64 6405 345-264-14s $306.44 K. Hovnanian Homes Northern California, Inc. 1 65 6405 345-264-15s $306.44 K. Hovnanian Homes Northern California, Inc. 1 66 6405 345-264-16s $306.44 K. Hovnanian Homes Northern California, Inc. 1 67 6405 345-264-17s $306.44 K. Hovnanian Homes Northern California, Inc. 1 68 6405 345-264-18s $306.44 K. Hovnanian Homes Northern California, Inc. 1 69 6405 345-264-19s $306.44 K. Hovnanian Homes Northern California, Inc. 1 70 6405 345-264-20s $306.44 K. Hovnanian Homes Northern California, Inc. 1 $21,450.80 70
Page B-2
Exhibit C
Assessment Diagram of City of Fowler
Landscaping and Storm Drainage Facilities Maintenance District No. I County of Fresno, State of California