Agenda packet — Fowler City Council, December 2, 2025 (part 1 of 2)

CITY COUNCIL MEETING
TUESDAY, DECEMBER 02, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
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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/85478523389?pwd=s2GHXQ5GOltM4xIhweohHOps5kUDQ.zYgP8pyDpfs2ogcl Telephone Number: (253) 215-8782
Meeting ID: 854 7852 3389
Passcode: 632108
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

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

1. MEETING CALLED TO ORDER

2. ROLL CALL

3. APPROVAL OF AGENDA

4. INVOCATION BY YOUTH PASTOR ROD HARO JR. OF THE WORSHIP CENTRE CHURCH

5. PLEDGE OF ALLEGIANCE

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

7. PUBLIC COMMENT
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 3 minutes per person and no more than 15 minutes per topic.

8. CONSENT CALENDAR
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
8A RATIFY Pay Warrants for December 2, 2025
8B APPROVE Minutes of the October 21, 2025 City Council Meeting 8C APPROVE Minutes of the October 27, 2025 Special City Council Meeting 8D APPROVE Minutes of the November 4, 2025 City Council Meeting 8E APPROVE 2026 Community Events Calendar
8F APPROVE Resolution No. 2813 setting the regular City Council meeting schedule for calendar year 2026
2 8G Actions pertaining to Commission appointments
i. REAPPOINT Roy Alatorre to the Recreation Commission for the full term ending 12/31/27
ii. REAPPOINT Monique Velasquez-Lopez to the Recreation Commission for the full term ending 12/31/27
8H APPROVE Resolution No. 2814 adopting the monthly employee share of health benefits premiums for calendar year 2026
8I APPROVE Resolution No. 2815 amending the City’s records retention schedule and Records Management Program Policy and Procedures Manual

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

10. GENERAL ADMINISTRATION
City Manager
A APPROVE an agreement to provide City Attorney legal services for the City of Fowler with the law firm Burke, Williams & Sorensen, LLP
B APPROVE the City of Fowler official response to the Fresno County Civil Grand Jury Report
Planning
C Presentation on traffic control alternatives
D AUTHORIZE the City Manager to amend the agreement with County of Fresno for the implementation of the Community Development Block Grant (CDBG) Program for the year 24-25 for the Fowler Panzak Park ADA Improvements Project funds E APPROVE Resolution No. 2816:
i. FINDING that Planning Project No. 24-27 is consistent with the City’s General Plan and General Plan Environmental Impact Report, and is therefore exempt from environmental review pursuant to CEQA Guidelines section 15183, and; ii. APPROVING Planning Project No. 24-27, subject to conditions of approval.

F APPROVE Resolution No. 2817:
i. Finding that the proposed Disposition and Development Agreement qualifies for a Class 12 categorical exemption under CEQA.
3 ii. APPROVE a Disposition and Development Agreement with Mailbox Money LLC for the property located at the northwest corner of South 7th Street and East Vine Street, .85 acres consisting of two parcels (APNs 343-233-02ST and 343- 233-03ST).
iii. AUTHORIZE the City Manager to execute the agreement and carry out the processes necessary to culminate the agreement.

Public Works
G APPROVE an Agreement with Provost & Pritchard Consulting Group for Preparation of the City of Fowler Water Master Plan in the amount of $209,400.00 and authorize the City Manager to negotiate and execute the Agreement.

11. STAFF COMMUNICATIONS

12. COUNCILMEMBER REPORTS AND COMMENTS

13. CLOSED SESSION
Government Code Section 54957
Public Employee Appointment/Employment
Title: Chief of Police
Government Code Section 54957.6
Conference with labor negotiators
Agency designated representative: City Manager and City Attorney Unrepresented employee: Chief of Police

14. RECONVENE INTO OPEN SESSION AND REPORT ACTION

15. ADJOURN
Next Ordinance No. 2025-07
Next Resolution No. 2818
CERTIFICATION: I, Angela Vasquez, City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Wednesday, November 26, 2025.

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

ACCOUNTS PAYABLE CHECKS
Regular checks 45557-45739 October 29-November 25 $ 1,682,667.40 TOTAL ACCOUNTS PAYABLE CHECKS $ 1,682,667.40

PAYROLL COSTS
First November Bi-Weekly Payroll $ 144,566.11
Second November Bi-Weekly Payroll $ 127,681.19
TOTAL PAYROLL COSTS $ 272,247.30
TOTAL CASH DISBURSEMENTS $ 1,954,914.70
NOTE:

CITY OF FOWLER

WARRANTS LIST
December 2, 2025
5 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/29/2025 CITY OF FOWLER VENCHK11
TIME: 11:57:51 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45557 1001 10/29/25 11689 A & C TIRE SERVICE 5205 FLEET STREETS 50.00 45558 1001 10/29/25 15013 ADVANCED PEST WIPEOUT 5185 PEST CONTROL 10/24/25 95.00 45558 1001 10/29/25 15013 ADVANCED PEST WIPEOUT 5185 PEST CONTROL 10/24/25 90.00 TOTAL CHECK 185.00
45559 1001 10/29/25 14746 ALEJO DELGADO 5110 ENTERTAINMENT 1,600.00 45560 1001 10/29/25 14519 AMAZON CAPITAL SERVICES 5110 SUPPLIES 408.49 45560 1001 10/29/25 14519 AMAZON CAPITAL SERVICES 5100 OFFICE ITEMS 87.32 TOTAL CHECK 495.81
45561 1001 10/29/25 14822 BLOOMING BELLE MARKETING 5110 STAFF JACKETS 165.98 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS ARIAGA 190.63 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS MARTINEZ 190.63 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS CALLEJAS 195.79 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS GAYLAN 200.00 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS GARY 195.73 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS ARMENDAREZ 200.00 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS AVILA 200.00 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS-MOTA 183.40 45562 1001 10/29/25 14354 BOOT BARN, INC. 5130 BOOTS-MOTA 16.60 TOTAL CHECK 1,572.78
45563 1001 10/29/25 10024 BSK ASSOCIATES 5220 WATER TEST 10/6/25 3,805.33 45563 1001 10/29/25 10024 BSK ASSOCIATES 5220 WATER TEST 10/17/25 291.14 TOTAL CHECK 4,096.47
45564 1001 10/29/25 10506 CALMAT CO DBA VULCAN MATE 5195 ASPHALT STREETS 111.56 45565 1001 10/29/25 10108 CENTERPOINT DISTRICT 5110 Q1 JULY25-SEP25 778.59 45566 1001 10/29/25 10137 GLEIM-CROWN PUMP, INC 5710 LIFT STATION REPAIR 13,534.18 45566 1001 10/29/25 10137 GLEIM-CROWN PUMP, INC 5710 LIFT STATION REPAIR 13,534.19 TOTAL CHECK 27,068.37
45567 1001 10/29/25 10215 NELSON'S ACE HARDWARE 5203 PARK MAINT SUPP 23.85 45567 1001 10/29/25 10215 NELSON'S ACE HARDWARE 5185 BLDG MAINT 75.97 45567 1001 10/29/25 10215 NELSON'S ACE HARDWARE 5203 PARK MAINT SUPP 46.43 45567 1001 10/29/25 10215 NELSON'S ACE HARDWARE 5120 WATER SMALL TOOL 217.08 TOTAL CHECK 363.33
45568 1001 10/29/25 14843 O'REILLY AUTO PARTS 5205 FLEET-STREETS 43.38 45568 1001 10/29/25 14843 O'REILLY AUTO PARTS 5205 FLEET - STREETS 45.56 TOTAL CHECK 88.94
45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 105 E PEACH 1.27 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 105 E PEACH 9/19/25 8.67 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 105 E PEACH 10/21/25 7.89 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 WALTER/FRES 10/14/25 15.70 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 TRACT 5834 10/14/25 64.56 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 ADAMS/TEMP 10/14/25 212.55 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 3079 MANN 10/20/25 52.24 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 TRACT 5212 10/14/25 135.71 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 630 W FRESNO 10/21/25 553.46 6 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 10/29/2025 CITY OF FOWLER VENCHK11
TIME: 11:57:51 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 429 E MERCED 10/22/25 7.89 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 SOUTH&SUNNY 10/14/25 222.77 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 128 S 5TH 10/14/25 803.49 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 8TH/VINE 10/14/25 17.15 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 ADAMS/DEEN 10/14/25 20.92 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 CLAYTON/ARMST10/14/25 265.60 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 GLDST/VLYDR 10/14/25 210.91 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS1-A HWY LT 10/14/25 20.77 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS1-C HWY 10/14/25 338.81 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS1-E HWY LT 10/14/25 12.94 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS1-F HWY LT 10/14/25 11.32 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS1-F HWY LT 10/14/25 412.48 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS1-F HWY LT 10/14/25 47.95 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 44.68 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 66.39 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 1,559.37 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 1,009.28 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 LSI-E HWY LT 10/14/25 1,116.09 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 SUMER&MAGNOL 10/14/25 6.39 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 SUMNER/HW99 10/14/25 12.76 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 T5088 10/14/25 144.80 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 TEMP/PARL 10/14/25 44.68 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 TR5041 10/14/25 116.56 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 TR5090 10/14/25 30.65 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 TSFR 3 LTS 10/14/25 13.66 45569 1001 10/29/25 10237 P G & E - SACRAMENTO 5170 MANN&GLDST 10/23/25 14.78 TOTAL CHECK 7,625.14
45570 1001 10/29/25 15180 PEAC SOLUTIONS 5180 COPY LEASE 10/25 1,515.43 45571 1001 10/29/25 10374 PITNEY BOWES - CT 5100 BILL AUG28-NOV27.25 340.98 45572 1001 10/29/25 14433 PRICE PAIGE & COMPANY CPA 5220 ADVISORY FY 6/30/25 6,415.00 45573 1001 10/29/25 15340 SIERRA DISPLAY INC 5110 TREE ORNAMENTS 3,584.41 45574 1001 10/29/25 15154 SIERRA INSTALLATIONS, INC 5110 INSTAL OR ORNAMENTS 1,850.00 45575 1001 10/29/25 10518 SIGNMAX! 5202 GAS TAX 72.87
45576 1001 10/29/25 13355 SITE ONE LANDSCAPE SUPPLY 5203 PARK MAINT SUPPLY 176.07 45577 1001 10/29/25 10288 SMART & FINAL 5104 SENIOR SUPPLIES 81.25 45577 1001 10/29/25 10288 SMART & FINAL 5104 SENIOR SUPPLIES 130.80 45577 1001 10/29/25 10288 SMART & FINAL 5104 SENIOR SUPPLIES 70.38 TOTAL CHECK 282.43
45578 1001 10/29/25 10763 SUNBELT RENTALS 5182 MANLIFT RENTAL 430.45 45578 1001 10/29/25 10763 SUNBELT RENTALS 5710 MINI EXCAVATOR 2,943.12 45578 1001 10/29/25 10763 SUNBELT RENTALS 5182 MANLIFT RENTAL 183.56 45578 1001 10/29/25 10763 SUNBELT RENTALS 5182 CUTOFF SAW 99.37 45578 1001 10/29/25 10763 SUNBELT RENTALS 5182 TRASH PUMP 526.10 TOTAL CHECK 4,182.60
45579 1001 10/29/25 15083 THE CHLORINATOR POOL SERV 5203 FOUNTAIN SVC OCT25 250.00 7 Section 8, Item 8A
SUPERION PAGE NUMBER: 3
DATE: 10/29/2025 CITY OF FOWLER VENCHK11
TIME: 11:57:51 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45580 1001 10/29/25 15123 THE SELMA BARN 5195 SUPPLIES PARKS 92.20 45580 1001 10/29/25 15123 THE SELMA BARN 5205 FLEET MAINT PARKS 358.31 45580 1001 10/29/25 15123 THE SELMA BARN 5200 EQUIP MAINT 148.50 TOTAL CHECK 599.01
45581 1001 10/29/25 14065 THE WATER CONNECTION, INC 5195 SUPPLIES WATER 195.46 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 UNIFORM STREET 10/16 132.39 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 UNIFORM WATER 10/16 132.39 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 JANIT SNRCT 10/16/25 59.72 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5100 MATS 10/23/25 9.70 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 10/23/25 9.70 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 10/23/25 90.84 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 UNIFORM STREET 10/23 120.48 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 UNIFORM WATER 10/23 120.49 45582 1001 10/29/25 13543 UNIFIRST CORPORATION 5185 JANIT SNRCT 10/23/25 49.58 TOTAL CHECK 725.29
45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 45.29 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 17.72 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 19.69 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 32.89 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 41.35 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 9.85 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 13.78 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 12.79 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 11.82 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 91.74 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 116.77 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 2048 VISION BENEFIT OCT25 196.72 45583 1001 10/29/25 11335 VISION SERVICE PLAN - (CA 5084 VISION BENEFIT OCT25 275.49 TOTAL CHECK 885.90
45584 1001 10/29/25 10001 WASTE MANAGEMENT CA 5220 GREEN WASTE DW TREES 166.00 45584 1001 10/29/25 10001 WASTE MANAGEMENT CA 5220 GREEN WASTE DW TREES 166.00 45584 1001 10/29/25 10001 WASTE MANAGEMENT CA 5220 GREEN WASTE SHIRAKOWA 166.00 45584 1001 10/29/25 10001 WASTE MANAGEMENT CA 5220 GREEN WASTE SHIRAKOWA 166.00 TOTAL CHECK 664.00
TOTAL FUND 65,941.42
8 Section 8, Item 8A
SUPERION PAGE NUMBER: 4
DATE: 10/29/2025 CITY OF FOWLER VENCHK11
TIME: 11:57:51 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 255 - STATE GRANT AB178

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45585 1001 10/29/25 14634 DEWBERRY ARCHITECTS INC. 5710 PD SENIOR CTR SEP25 11,759.50 45586 1001 10/29/25 15149 KATCH GENERAL 5710 WORK PERFORMED -SEP25 538,160.77 TOTAL FUND 549,920.27
TOTAL REPORT 615,861.69
9 Section 8, Item 8A
10 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/29/2025 CITY OF FOWLER VENCHK11
TIME: 17:50:58 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45591 1001 10/29/25 14671 HERO ALLIANCE 5110 CHARACTERS TOR T 405.00 TOTAL FUND 405.00
TOTAL REPORT 405.00
11 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 11/04/2025 CITY OF FOWLER VENCHK11
TIME: 12:24:17 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5110 REG/TITLE REPLACEMENT 27.00 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5110 REG/TITLE REPLACEMENT 54.00 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5250 REG/TITLE REPLACEMENT 81.00 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5110 REG/TITLE REPLACEMENT 81.00 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5250 REG/TITLE REPLACEMENT 135.00 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5250 REG/TITLE REPLACEMENT 351.00 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5250 REG/TITLE REPLACEMENT 27.00 45592 1001 11/04/25 11365 DMV MAIL SUPPORT SERVICES 5250 REG/TITLE REPLACEMNT 27.00 TOTAL CHECK 783.00
TOTAL FUND 783.00
TOTAL REPORT 783.00
12 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 11/05/2025 CITY OF FOWLER VENCHK11
TIME: 18:18:52 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45593 1001 11/05/25 14519 AMAZON CAPITAL SERVICES 5110 SUPPLIES 181.15 45593 1001 11/05/25 14519 AMAZON CAPITAL SERVICES 5120 TECH ITEMS 1.00 TOTAL CHECK 182.15
45594 1001 11/05/25 15088 AT&T MOBILITY 5160 PHONES 1,330.49 45595 1001 11/05/25 15352 ATHLETE FITNESS EQUIPMENT 5715 EQUIPMENT 11,449.00 45596 1001 11/05/25 10064 COLONIAL LIFE INSURANCE C 2042 EMP DED OCT25 47.42 45597 1001 11/05/25 10087 DEPARTMENT OF TRANSPORTAT 5190 TRAF SIG JUL-SEP25 364.50 45598 1001 11/05/25 14749 HOFFMAN SECURITY 5160 MONTHLY SVCS-ACCESS 454.00 45599 1001 11/05/25 14428 NAVIA BENEFIT SOLUTIONS 5220 COBRA-OCT 25 200.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWASH COMM DEV 18.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWASH PD 297.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWASH COMM DEV 18.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWASH PD 279.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWSH STREETS 81.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWASH COMM DEV 18.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWASH PD 432.00 45600 1001 11/05/25 11489 SHOP N GO, INC. 5205 CARWASH STREETS 72.00 TOTAL CHECK 1,215.00
45601 1001 11/05/25 14144 TREVINO, ANDREW 5110 SOUND 350.00 TOTAL FUND 15,592.56
13 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 11/05/2025 CITY OF FOWLER VENCHK11
TIME: 18:18:52 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 201 - DISTRICT SALES TAX

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45602 1001 11/05/25 10122 FRESNO COUNTY FIRE PROTEC 5715 MOBILE GRAPHICS 588.98 45603 1001 11/05/25 10441 PROFORCE LAW ENFORCEMENT 5715 GEAR 4,142.14 TOTAL FUND 4,731.12
14 Section 8, Item 8A
SUPERION PAGE NUMBER: 3
DATE: 11/05/2025 CITY OF FOWLER VENCHK11
TIME: 18:18:52 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 240 - CMAQ GRANT

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45604 1001 11/05/25 15285 MAC GENERAL ENGINEERING, 5710 7TH & MERCED 6,230.49 TOTAL FUND 6,230.49
TOTAL REPORT 26,554.17
15 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 11/05/2025 CITY OF FOWLER VENCHK11
TIME: 18:35:51 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45605 1001 11/05/25 12204 ADANALIAN PROPERY MANAGEM 2050 UB REFUND 96.31 45606 1001 11/05/25 14921 BARELA, STEVE & ROSEMARY 2050 UB REFUND 72.33 45607 1001 11/05/25 13631 CROW, ROBERT A 2050 UB REFUND 96.31 45608 1001 11/05/25 15350 DOMINGUEZ, RACHEL G 2050 UB REFUND 89.85 45609 1001 11/05/25 14266 RAIGOZA, RAY 2050 UB REFUND 100.00 45610 1001 11/05/25 15349 ROBERTO & SARAH BUSTINZA 2050 CREDIT REFUND 73.08 45611 1001 11/05/25 15348 THE HATCH GROUP 2050 HYDRANT AND REFUND 1,972.33 TOTAL FUND 2,500.21
TOTAL REPORT 2,500.21
16 Section 8, Item 8A

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SUPERION PAGE NUMBER: 1
DATE: 11/12/2025 CITY OF FOWLER VENCHK11
TIME: 19:20:48 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45630 1001 11/12/25 14519 AMAZON CAPITAL SERVICES 5100 OFFICE ITEMS 62.51 45630 1001 11/12/25 14519 AMAZON CAPITAL SERVICES 5121 J MEZA NAME PLATE 11.98 45630 1001 11/12/25 14519 AMAZON CAPITAL SERVICES 5086 TACTICAL POUCHES 420.42 TOTAL CHECK 494.91
45631 1001 11/12/25 10506 CALMAT CO DBA VULCAN MATE 5195 ASPHALT STREETS 121.74 45632 1001 11/12/25 14429 CORE & MAIN 5206 PUMP STATION 1,125.68 45633 1001 11/12/25 15358 FELIX TOBAR 5260 AXON TASER INST COURS 135.00 45634 1001 11/12/25 14243 FOWLER ACE HARDWARE 5100 SUPPLIES 7.18 45635 14245 FOWLER ACE HARDWARE VOID: MULTI STUB CHECK
45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 6.53 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 53.38 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 12.62 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 11.97 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 14.80 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 10.89 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 65.37 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 21.79 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 23.95 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 9.36 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 25.05 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 30.47 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 10.89 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 6.53 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 29.38 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 17.43 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 6.53 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 41.39 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 21.77 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 15.25 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 3.04 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 6.53 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 49.03 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 105.47 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREER SUPPLIES 15.25 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5110 STREET SUPPLIES 22.86 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 9.36 45636 1001 11/12/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 10.89 TOTAL CHECK 657.78
45637 14247 FOWLER ACE HARDWARE VOID: MULTI STUB CHECK
45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 15.24 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WAER DEPT SUPPLIES 6.08 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 1.41 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 21.79 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 37.67 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 34.86 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 121.94 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 45.76 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 2.82 19 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 11/12/2025 CITY OF FOWLER VENCHK11
TIME: 19:20:48 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 78.55 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 65.34 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 92.62 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 198.94 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 17.42 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 28.68 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 80.34 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 3.33 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 6.53 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 12.62 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 54.48 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 10.89 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 139.20 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 6.53 45638 1001 11/12/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 21.32 TOTAL CHECK 1,104.36
45639 14249 FOWLER ACE HARDWARE VOID: MULTI STUB CHECK
45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 38.13 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 10.89 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 118.74 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 11.07 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.93 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 6.52 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPPLIES PARKS 14.80 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 35.95 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 74.07 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.62 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 103.11 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 28.29 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 323.46 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.18 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 6.53 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.62 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 26.13 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 56.09 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 108.97 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 21.79 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 58.83 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 18.52 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 4.35 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 52.23 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 35.95 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 120.94 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 43.34 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 196.15 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 17.43 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 156.88 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 126.35 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 30.49 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 26.02 45640 1001 11/12/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.62 TOTAL CHECK 1,909.99
45641 1001 11/12/25 14252 FOWLER ACE HARDWARE 5121 SNR CTR 18.07 20 Section 8, Item 8A
SUPERION PAGE NUMBER: 3
DATE: 11/12/2025 CITY OF FOWLER VENCHK11
TIME: 19:20:48 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45641 1001 11/12/25 14252 FOWLER ACE HARDWARE 5121 SNR CTR 19.79 TOTAL CHECK 37.86
45642 1001 11/12/25 10104 FPOA 2045 EMP DED 10/21/25 225.00 45643 1001 11/12/25 11760 FRESNO COUNTY SHERIFFS OF 5271 DISPATCHING SERVICES 10,976.83 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 279.70 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 45644 1001 11/12/25 10126 FRESNO COUNTY TAX COLLECT 5202 PROP SPEC ASSES 608.72 TOTAL CHECK 5,149.46
45645 1001 11/12/25 15357 GIOVANNI A ALVARADO 5260 AXON TASER INST COURS 135.00 45646 1001 11/12/25 13127 HEALTHWISE SERVICES 5220 SHARPS CONTAINER 447.74 45647 1001 11/12/25 14749 HOFFMAN SECURITY 5220 MONIT SVC NOV25 89.95 45648 1001 11/12/25 14238 INFOSEND, INC 5621 MONTH MAINT OCT25 1,690.99 45648 1001 11/12/25 14238 INFOSEND, INC 5621 MONTH MAINT OCT25 587.60 TOTAL CHECK 2,278.59
45649 1001 11/12/25 15208 JORGE NUNEZ 5110 DJ VETERANS 400.00 45650 1001 11/12/25 15215 LEES SERVICE 5205 TIRE & ALIGNMENT 461.67 45651 1001 11/12/25 14843 O'REILLY AUTO PARTS 5205 FLEET-STREETS 94.33 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 1100 N MANN 10/26/25 14.78 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 GLDST/MAN SIG102625 121.38 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 128 S 5TH 10/29/25 28.07 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 128 S 5TH 10/29/25 13.91 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 212 E MERCED 10/29/25 79.34 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 2831 E MANN 10/29/25 91.87 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 4218 GLDNSTAT 10/29/2 50.93 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 500 E MERCED 10/29/25 310.82 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 5TH/FRESNO 10/29/25 8.17 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 5TH/FRESNO 10/29/25 595.55 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 5TH/FRESNO 10/29/25 14.70 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 95 E ADAMS 10/29/25 1,381.40 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 9TH/MERCED 10/29/25 5.08 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 ADAMS/5TH 10/29/25 482.19 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 GLDNST B 10/29/25 121.63 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 MAIN/5TH 10/29/25 24.64 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 RETRO FIT LOAN OCT25 941.28 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 SESWNW231521 10/29/25 5,013.10 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 TEMP/GOLDN 10/29/25 11,180.83 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 325 S 5TH 11/5/25 147.02 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 MERCED/8TH 10/27/25 26.32 45652 1001 11/12/25 10237 P G & E - SACRAMENTO 5170 700MERCE#A 10/27/25 724.09 21 Section 8, Item 8A
SUPERION PAGE NUMBER: 4
DATE: 11/12/2025 CITY OF FOWLER VENCHK11
TIME: 19:20:48 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT TOTAL CHECK 21,377.10
45653 1001 11/12/25 15233 PRIMO BRANDS 5121 WATR SVC 73.66 45653 1001 11/12/25 15233 PRIMO BRANDS 5121 WATR SVC 73.66 45653 1001 11/12/25 15233 PRIMO BRANDS 5121 WTR SVC 73.66 45653 1001 11/12/25 15233 PRIMO BRANDS 5121 WTR SVC 73.66 TOTAL CHECK 294.64
45654 1001 11/12/25 15362 COULTER VENTURES LLC 5715 EQUIPMENT 3,131.85 45655 1001 11/12/25 15365 RUSH ADVERTISING SPECIALT 5086 POCKET BADGE 49.64 45656 1001 11/12/25 10274 SAN JOAQUIN VAL AIR POLL 5176 25/26 ANNUAL PERMIT 314.00 45657 1001 11/12/25 10288 SMART & FINAL 5104 SENIOR SUPPLIES 113.59 45657 1001 11/12/25 10288 SMART & FINAL 5104 SENIOR SUPPLIES 328.59 45657 1001 11/12/25 10288 SMART & FINAL 5104 SENIOR SUPPLIES 237.83 TOTAL CHECK 680.01
45658 1001 11/12/25 10291 SPCA 5220 ANIMAL SERVICES 378.00 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5100 BINDERS 41.39 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5100 OFFICE SUPPLIES 488.19 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5100 DATA STICK 35.96 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5100 OFFICE SUPPLIES 60.19 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5110 SUPPLIES 203.76 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5110 SUPPLIES 44.32 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5100 OFF SUPP 19.88 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5110 EMP APP DINNER SUPP 56.36 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5100 OFFICE SUPPLIES 65.11 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5100 LOGITECH COMBO 71.92 45659 1001 11/12/25 10296 STAPLES CREDIT PLAN 5110 SUPPLIES 43.75 TOTAL CHECK 1,130.83
45660 1001 11/12/25 10763 SUNBELT RENTALS 5182 FLOOR SAW 196.92 45661 1001 11/12/25 10303 SWANSON-FAHRNEY FORD 5205 PARTS & LABOR 3,630.41 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5100 MATS 10/23/25 9.70 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 10/23/25 9.70 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 10/23/25 90.84 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 JANIT SNRCT 10/30/25 59.72 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5100 MATS 11/6/25 9.70 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 11/6/25 33.45 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 11/6/25 9.70 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 UNIFORM STREET 11/6 110.32 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 UNIFORM WATER 11/6 110.33 45662 1001 11/12/25 13543 UNIFIRST CORPORATION 5185 JANIT SNRCT 11/6/25 35.93 TOTAL CHECK 479.39
45663 1001 11/12/25 10725 VERIZON WIRELESS 5160 OCT & NOV 25 986.81 45664 1001 11/12/25 10001 WASTE MANAGEMENT CA 5220 GREEN WASTE SHIRAKOWA 166.59 45664 1001 11/12/25 10001 WASTE MANAGEMENT CA 5220 GREEN WASTE KB HOMES 166.59 TOTAL CHECK 333.18
22 Section 8, Item 8A
SUPERION PAGE NUMBER: 5
DATE: 11/12/2025 CITY OF FOWLER VENCHK11
TIME: 19:20:48 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT TOTAL FUND 58,835.85
23 Section 8, Item 8A
SUPERION PAGE NUMBER: 6
DATE: 11/12/2025 CITY OF FOWLER VENCHK11
TIME: 19:20:48 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 201 - DISTRICT SALES TAX

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45665 1001 11/12/25 10441 PROFORCE LAW ENFORCEMENT 5715 HUX SUPPRESSORS 7,262.09 TOTAL FUND 7,262.09
TOTAL REPORT 66,097.94
24 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 11/13/2025 CITY OF FOWLER VENCHK11
TIME: 18:14:12 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45666 1001 11/13/25 10007 ALERT-O-LITE, INC 5195 SUPPLIES STREETS 214.54 45667 1001 11/13/25 13635 BARNES WELDING SUPPLY 5200 SUPPLIES WATER 57.26 45668 1001 11/13/25 14782 BEN YEAGER 5110 SANTA 300.00
45669 1001 11/13/25 15261 CIS SECURITY 5110 SECURITY 564.00 45670 1001 11/13/25 14776 ELISSA'S PONY EXPRESS 5110 TRAIN & PONY RIDES 3,000.00 45671 1001 11/13/25 12466 FRESNO EOC 5105 OCT MEALS 2,022.68 45672 1001 11/13/25 10759 GLASCO GENERAL ENGINEERIN 5710 DONNY WRIGHT PARK 43,500.00 45673 1001 11/13/25 15224 ICAD AUTOMATION 5206 MAT & SERV 13,114.50 45674 1001 11/13/25 15061 JB ELECTRIC 5710 DONNY WRIGHT PARK 630.00 45675 1001 11/13/25 15367 TERRICORP INC 5205 FLEET PARKS 15,346.23 45675 1001 11/13/25 15367 TERRICORP INC 5205 FLEET STREETS 15,346.23 TOTAL CHECK 30,692.46
TOTAL FUND 94,095.44
25 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 11/13/2025 CITY OF FOWLER VENCHK11
TIME: 18:14:12 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 212 - ARPA FUNDING

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45676 1001 11/13/25 10759 GLASCO GENERAL ENGINEERIN 5710 WATER TOWER 11,650.00 TOTAL FUND 11,650.00
TOTAL REPORT 105,745.44
26 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 11/19/2025 CITY OF FOWLER VENCHK11
TIME: 20:04:19 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45677 1001 11/19/25 11689 A & C TIRE SERVICE 5205 FLAT TIRE REPAIR 20.00 45678 1001 11/19/25 13597 ADVENTIST HEALTH 5310 ALCOHOL/DRUG BLOOD 245.00 45679 1001 11/19/25 12489 BATTERY SYSTEMS INC 5205 FLEET PARKS 110.04 45680 1001 11/19/25 15382 BEAR ELECTRICAL SOLUTIONS 5202 TRAFFIC SIGNAL MAINT 920.00 45681 1001 11/19/25 15053 BETTER EARTH ELECTRIC 3102 BULDING PERMIT REFUND 325.00 45682 1001 11/19/25 10025 BUFORD OIL COMPANY 5210 CFN LEADFREE GAS 941.36 45682 1001 11/19/25 10025 BUFORD OIL COMPANY 5210 CFN LEADFREE GAS 140.13 TOTAL CHECK 1,081.49
45683 1001 11/19/25 11291 THE BUSINESS JOURNAL 5150 PHN SPR 25-23 490.00 45684 1001 11/19/25 11792 CA BUILDING STANDARDS COM 5272 CA BSASRF JUL25-SEP25 473.40 45685 1001 11/19/25 12654 COMCAST 5160 ENS BASIC 751.02 45686 1001 11/19/25 14429 CORE & MAIN 5203 PARK MAINT 32.50 45687 1001 11/19/25 15371 CRISTO MILAN 5202 STREET MAINT 470.00 45688 1001 11/19/25 14188 DATA TICKET 5230 CITATIONS 105.00 45689 1001 11/19/25 10088 DEPARTMENT OF CONSERVATIO 5220 CASEISMIC JUL25-SEP25 1,711.16 45690 1001 11/19/25 15141 E&M ELECTRIC MACHINERY,IN 5715 SCADA 36,840.00 45691 1001 11/19/25 12261 FOWLER BAPTIST CHURCH 5182 RENT 1,500.00 45691 1001 11/19/25 12261 FOWLER BAPTIST CHURCH 5182 RENT 1,500.00 45691 1001 11/19/25 12261 FOWLER BAPTIST CHURCH 5182 RENT 1,500.00 TOTAL CHECK 4,500.00
45692 1001 11/19/25 10854 FRESNO CITY COLLEGE 5300 INTERVIEW COURSE 75.00 45693 1001 11/19/25 11244 FRESNO COUNTY PUBLIC HEAL 5105 FOOD FACILITY FEE 475.00 45694 1001 11/19/25 11760 FRESNO COUNTY SHERIFFS OF 5270 PRISONER PROCESS 1,986.60 45695 1001 11/19/25 15107 KYLCUSTOM DESIGNS 5086 HAT AND DESIGN FEE 84.00 45696 1001 11/19/25 10416 LAW & ASSOCIATES INVESTIG 5220 BACKROUND INV 1,000.00 45697 1001 11/19/25 10201 METRO UNIFORM & ACCESSORI 5115 NAME PLATE 14.11 45697 1001 11/19/25 10201 METRO UNIFORM & ACCESSORI 5115 DUTY BELT AND GEAR 556.43 45697 1001 11/19/25 10201 METRO UNIFORM & ACCESSORI 5115 UNIFORMS/GEAR 1,219.41 45697 1001 11/19/25 10201 METRO UNIFORM & ACCESSORI 5115 UNIFORM SHIRT 55.93 45697 1001 11/19/25 10201 METRO UNIFORM & ACCESSORI 5115 LEATHER GEAR 126.25 45697 1001 11/19/25 10201 METRO UNIFORM & ACCESSORI 5086 OC SPRAY AND HOLDSTER 71.32 45697 1001 11/19/25 10201 METRO UNIFORM & ACCESSORI 5086 JACKET 236.37 TOTAL CHECK 2,279.82
45698 1001 11/19/25 15180 PEAC SOLUTIONS 5180 SERVICES NOVEMBER 25 1,515.43 27 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 11/19/2025 CITY OF FOWLER VENCHK11
TIME: 20:04:19 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45699 1001 11/19/25 10993 POLICE REGIONAL TRAINING 5300 RTC RENTAL FEES 144.00 45700 1001 11/19/25 10085 STATE OF CA DEPARTMENT OF 5220 FINGERPRINTS 66.00 45701 1001 11/19/25 10763 SUNBELT RENTALS 5182 TRUNK OR TREAT 702.60 45702 1001 11/19/25 15380 T MOBILE USA, INC 5220 CELL AREA DUMP 50.00 45703 1001 11/19/25 12791 THE MOWERS EDGE 5715 PARKS-MOWER 1,773.17 45704 1001 11/19/25 13543 UNIFIRST CORPORATION 5185 UNIFORM STREET 11/13 120.41 45704 1001 11/19/25 13543 UNIFIRST CORPORATION 5185 UNIFORM WATER 11/13 120.40 TOTAL CHECK 240.81
45705 1001 11/19/25 10725 VERIZON WIRELESS 5160 CELL PHONE AUG-SEP 97.24 45705 1001 11/19/25 10725 VERIZON WIRELESS 5100 WIFI HOTSPOT 40.01 TOTAL CHECK 137.25
TOTAL FUND 58,604.29
TOTAL REPORT 58,604.29
28 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 11/20/2025 CITY OF FOWLER VENCHK11
TIME: 12:20:07 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45706 1001 11/20/25 15374 BINDER RIAR 2050 UTILITY BILL REFUND 70.81 45707 1001 11/20/25 15376 CRYSTAL ACEVEDO 2050 UTILITY BILL REFUND 74.10 45708 1001 11/20/25 15373 GURBIR SINGH 2050 UTILITY BILL REFUND 67.72 45709 1001 11/20/25 15375 JESSICA ALATORRE PENA 2050 UTILITY BILL REFUND 79.71 45710 1001 11/20/25 15377 PARMINDER SINGH 2050 UTILITY BILL REFUND 38.67 45711 1001 11/20/25 15378 TERESA ACOSTA 2050 UTILITY BILL REFUND 48.95 TOTAL FUND 379.96
TOTAL REPORT 379.96
29 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 11/25/2025 CITY OF FOWLER VENCHK11
TIME: 16:46:30 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45712 1001 11/25/25 15013 ADVANCED PEST WIPEOUT 5185 PEST CONTROL 11/18/25 90.00 45712 1001 11/25/25 15013 ADVANCED PEST WIPEOUT 5185 PEST CONTROL 111/18/2 95.00 TOTAL CHECK 185.00
45713 1001 11/25/25 10007 ALERT-O-LITE, INC 5195 STREET SUPPLIES 599.57 45713 1001 11/25/25 10007 ALERT-O-LITE, INC 5195 SUPPLIES WATER 176.22 45713 1001 11/25/25 10007 ALERT-O-LITE, INC 5130 RAINCOAT-WHISENHUNT 57.41 TOTAL CHECK 833.20
45714 1001 11/25/25 14519 AMAZON CAPITAL SERVICES 5100 RENEWEL 380.32 45714 1001 11/25/25 14519 AMAZON CAPITAL SERVICES 5121 STREET STORM SUPP 379.20 45714 1001 11/25/25 14519 AMAZON CAPITAL SERVICES 5121 ADMIN 24.20 45714 1001 11/25/25 14519 AMAZON CAPITAL SERVICES 5121 AR-FILE AP-RAIL 20.04 45714 1001 11/25/25 14519 AMAZON CAPITAL SERVICES 5100 OFFICE ITEMS 42.67 45714 1001 11/25/25 14519 AMAZON CAPITAL SERVICES 5110 SUPPLIES 206.50 45714 1001 11/25/25 14519 AMAZON CAPITAL SERVICES 5100 STAMP 24.77 TOTAL CHECK 1,077.70
45715 1001 11/25/25 10026 BCT CONSULTING 5230 DELL NOTEBOOK 1,624.47 45716 1001 11/25/25 10506 CALMAT CO DBA VULCAN MATE 5195 ASPHALT STREETS 111.18 45716 1001 11/25/25 10506 CALMAT CO DBA VULCAN MATE 5195 ASPHALT STREETS 82.13 TOTAL CHECK 193.31
45717 1001 11/25/25 15371 CRISTO MILAN 5205 STREET MAINT 600.00 45718 1001 11/25/25 13275 FERGUSON WATERWORKS #1423 5200 FILTER 108.34 45718 1001 11/25/25 13275 FERGUSON WATERWORKS #1423 5120 WATER 109.95 45718 1001 11/25/25 13275 FERGUSON WATERWORKS #1423 5200 YARD WATER MAINT 1,012.77 TOTAL CHECK 1,231.06
45719 1001 11/25/25 14243 FOWLER ACE HARDWARE 5200 STEEL WOOL 7.62 45720 1001 11/25/25 10306 FOWLER FLORAL SHOP, THE 5110 FLORAL ARRANGEMENT 160.19 45721 1001 11/25/25 15061 JB ELECTRIC 5190 STRUCT MAINT PW 375.00 45721 1001 11/25/25 15061 JB ELECTRIC 5190 STRUCT MAINT CH 150.00 45721 1001 11/25/25 15061 JB ELECTRIC 5190 STRUCT MAINT ELECT 1,330.00 TOTAL CHECK 1,855.00
45722 1001 11/25/25 14575 JPRC PLUMBING INC 5185 HEATING/AIR REPAIR 850.00 45722 1001 11/25/25 14575 JPRC PLUMBING INC 5185 HEATING/AIR REPAIR 480.00 45722 1001 11/25/25 14575 JPRC PLUMBING INC 5185 HEATING/AIR REPAIR 285.00 TOTAL CHECK 1,615.00
45723 1001 11/25/25 14111 KIMBALL MIDWEST 5195 SUPPLIES WATER 906.93 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 2,649.25 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 1,117.45 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 1,463.44 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 4,000.00 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 2,994.50 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 1,100.00 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 100.00 45724 1001 11/25/25 10194 LOZANO SMITH 5620 LEGAL SERVICES OCT25 138.00 TOTAL CHECK 13,562.64
30 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 11/25/2025 CITY OF FOWLER VENCHK11
TIME: 16:46:30 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45725 1001 11/25/25 15285 MAC GENERAL ENGINEERING, 5710 4TH &5TH ST OVERLAY 8,541.50 45726 1001 11/25/25 10203 MID VALLEY PACKAGING & SU 5185 JANITORIAL SUPPLIES 122.10 45726 1001 11/25/25 10203 MID VALLEY PACKAGING & SU 5185 JANITORIAL SUPPLIES 122.10 45726 1001 11/25/25 10203 MID VALLEY PACKAGING & SU 5185 JANITORIAL SUPPLIES 122.10 45726 1001 11/25/25 10203 MID VALLEY PACKAGING & SU 5185 JANITORIAL SUPPLIES 122.10 45726 1001 11/25/25 10203 MID VALLEY PACKAGING & SU 5185 JANITORIAL SUPPLIES 122.13 TOTAL CHECK 610.53
45727 1001 11/25/25 10215 NELSON'S ACE HARDWARE 5200 STREET MAINT 15.18 45727 1001 11/25/25 10215 NELSON'S ACE HARDWARE 5200 STREET MAINT 45.06 TOTAL CHECK 60.24
45728 1001 11/25/25 14843 O'REILLY AUTO PARTS 5205 FLEET-STREETS 365.15 45728 1001 11/25/25 14843 O'REILLY AUTO PARTS 5205 FLEET - STREETS 70.49 TOTAL CHECK 435.64
45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 630 W FRESNO 11/20/25 510.62 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 105 E PEACH 11/20/25 54.29 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 ADAMS/TEMP 11/13/25 212.55 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 WALTER/FRES 11/13/25 15.69 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 3079 MANN 11/19/25 98.30 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 TRACT 5834 11/13/25 64.55 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 SOUTH&SUNNY 11/13/25 222.76 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 128 S 5TH 10/14/25 803.45 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 8TH/VINE 10/14/25 17.14 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 ADAMS/DEEAN 10/14/25 20.92 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 CLAYTON/ARMST 10/14/2 265.59 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 GLDST/VLY DR 10/14/25 210.91 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS1-A HWY LT 10/14/25 20.75 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS1-C HWY 10/14/25 338.79 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS1-E HWY LT 10/14/25 12.94 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS1-F HWY LT 10/14/25 11.31 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS1-F HWY LT 10/14/25 47.95 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS1-F HWY LT 10/14/25 412.45 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 44.68 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 66.38 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 1,559.28 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LS2-A HWY LT 10/14/25 1,009.21 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 LSI-E HWY LT 10/14/25 1,116.07 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 SUMER&MAGNOL 10/14/25 6.37 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 SUMNER/HW99 10/14/25 12.77 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 T5080 10/14/25 144.80 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 TEMP/PARL 10/14/25 44.68 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 TR5041 10/14/25 116.55 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 TR5090 10/14/25 30.64 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 TSFR 3LTS 10/14/25 13.65 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 TRACT 5212 11/13/25 135.70 45729 1001 11/25/25 10237 P G & E - SACRAMENTO 5170 679 KAND 11/20/25 20.27 TOTAL CHECK 7,662.01
45730 1001 11/25/25 10518 SIGNMAX! 5195 SUPPLIES STREETS 72.87 45730 1001 11/25/25 10518 SIGNMAX! 5195 SUPPLIES STREETS 19.51 45730 1001 11/25/25 10518 SIGNMAX! 5195 SUPPLIES STREETS 72.87 TOTAL CHECK 165.25
31 Section 8, Item 8A
SUPERION PAGE NUMBER: 3
DATE: 11/25/2025 CITY OF FOWLER VENCHK11
TIME: 16:46:30 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45731 1001 11/25/25 10296 STAPLES CREDIT PLAN 5225 OFFICE SUPPLIES 141.12 45731 1001 11/25/25 10296 STAPLES CREDIT PLAN 5100 CANDY/BUBBLE GUM 17.34 45731 1001 11/25/25 10296 STAPLES CREDIT PLAN 5110 OFFICE SUPPLIES 104.25 45731 1001 11/25/25 10296 STAPLES CREDIT PLAN 5225 OFFICE SUPPLIES 38.21 TOTAL CHECK 300.92
45732 1001 11/25/25 15083 THE CHLORINATOR POOL SERV 5203 FOUNTAIN SVC NOV25 250.00 45733 1001 11/25/25 13031 TRU-TRAILERS INC 5110 ANIMAL CONTRL TRL 27.09 45733 1001 11/25/25 13031 TRU-TRAILERS INC 5110 ANIMAL CONTRL TRL 65.01 TOTAL CHECK 92.10
45734 1001 11/25/25 13543 UNIFIRST CORPORATION 5185 JANIT SNRCT 11/13/25 46.07 45734 1001 11/25/25 13543 UNIFIRST CORPORATION 5100 MATS 11/20/25 9.70 45734 1001 11/25/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 11/20/25 9.70 45734 1001 11/25/25 13543 UNIFIRST CORPORATION 5185 MATS/MOPS 11/20/25 71.73 45734 1001 11/25/25 13543 UNIFIRST CORPORATION 5185 UNIFORM STREET 11/20 110.32 45734 1001 11/25/25 13543 UNIFIRST CORPORATION 5185 UNIFORM WATER 11/20 110.33 TOTAL CHECK 357.85
45735 1001 11/25/25 14259 VISUAL EDGE IT INC DBA IM 5180 COPYSVCNOV25 886.36 45736 1001 11/25/25 14830 WILLDAN GROUP INC 5225 INSPECTIONS SEP25 2,551.25 45737 1001 11/25/25 15015 ZIM INDUSTRIES, INC. 5206 WELL MAINT 233.95 TOTAL FUND 45,999.72
32 Section 8, Item 8A
SUPERION PAGE NUMBER: 4
DATE: 11/25/2025 CITY OF FOWLER VENCHK11
TIME: 16:46:30 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 237 - SRFC TRNS BLCK GRNT-STBG

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45738 1001 11/25/25 15284 EMMETT VALLEY CONSTRUCTIO 5710 ADAMS AVE REHAB 8,897.85 TOTAL FUND 8,897.85
33 Section 8, Item 8A
SUPERION PAGE NUMBER: 5
DATE: 11/25/2025 CITY OF FOWLER VENCHK11
TIME: 16:46:30 CHECK REGISTER ACCOUNTING PERIOD: 5/26
FUND - 255 - STATE GRANT AB178

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45739 1001 11/25/25 14634 DEWBERRY ARCHITECTS INC. 5710 PD SENIOR CTR OCT25 4,921.30 TOTAL FUND 4,921.30
TOTAL REPORT 59,818.87
34 Section 8, Item 8A

CITY COUNCIL MEETING
TUESDAY, OCTOBER 21, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Mejia called the meeting to order at 6:00 P.M.

2. ROLL CALL

PRESENT
Juan Mejia
Amarjeet Gill
Leonard Hammer
Daniel Parra
ABSENT
Karnig Kazarian
City Staff Present: City Manager Reid, City Attorney Cross, Finance Director Banda, Community & Economic Development Director Flood, Interim Police Chief Gularte, Recreation Supervisor Hernandez, City Planner Marple, City Engineer Park, Public Works Director Rocha, Records Technician Turney
Councilmember Kazarian arrived at 6:02 p.m.

6. PUBLIC COMMENT
Three members of the public spoke.

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

Voting Yea: Mejia, Gill, Hammer, Kazarian, Parra
A. RATIFY Pay Warrants for October 21, 2025
B. APPROVE Minutes of the September 16, 2025 City Council Meeting C. ADOPT Ordinance No. 2025-06, which:
i. FINDS that Ordinance No. 2025-06 is exempt from further environmental analysis pursuant to CEQA Guidelines section 15061, subdivision (b)(3), and; 35 Section 8, Item 8B
ii. APPROVES a text amendment amending the Fowler Municipal Code to include regulations relating to sidewalk vending within the City.

D. APPROVE Resolution No. 2804 Concerning Local Transportation Purpose Funds Extension (Measure “C” Extension)
E. ACCEPT Credit Card Usage Report and Donation Report for January 1, 2025, through June 30, 2025.

F. ADOPT Resolution No. 2805 Approving the Amended Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (CSJVRMA) G. Actions pertaining to the Conversion of the Public Works Supervisor Position to Public Works & Public Utilities Manager and Addition of One (1) Maintenance Assistant Position.
i. APPROVE Resolution No. 2806, a resolution establishing the number of fulltime positions and certain temporary/ part-time positions authorized in the City for fiscal year 2025/ 2026.
ii. APPROVE Resolution No. 2807, a resolution adopting the salary classification schedule for the Public Works & Public Utilities Manager.

H. APPROVE Resolution 2808 authorizing submittal of a grant application for the Fresno COG Measure C Safe Routes to School Program
I. APPROVE Resolution No. 2809 to ADOPT the Fresno County Multi-Jurisdictional Hazard Mitigation Plan
J. APPROVE Resolution No. 2810 approving the updated Employee Benefits Handbook

9. STAFF COMMUNICATIONS
Updates were given by Public Works Director Rocha, Finance Director Banda, Recreation Supervisor Hernandez, City Engineer Park, Chief Gularte, and City Manager Reid.

10. COUNCILMEMBER REPORTS AND COMMENTS
Updates were given by Councilmember Parra, Mayor Pro Tem Gill, Councilmember Kazarian, and Mayor Mejia.

Councilmember Kazarian requested that his comments be incorporated into the official record. A transcript is attached.

11. ADJOURN
Mayor Mejia made a motion to adjourn at 6:46 p.m. Seconded by Councilmember Hammer.
36 Section 8, Item 8B
Councilmember Kazarian
So, before I begin my statement tonight, which I would like to have included in the record, I want to take a moment to acknowledge the tragic loss of life our community experienced. My thoughts and prayers are with the victim's family and loved ones and everyone affected by this. And also, I want to, thoughts and prayers with Angela. During this difficult time, I can't even imagine how difficult it is to lose one's father. So, I'm hoping that she's surrounded by loved ones right now and being comforted. So, with that said, and good thing, this is a short meeting because I have a lot to say. I want to address the recent city attorney interview process and then propose a way to ensure it never happens again. I was recently excluded from a process I was elected to take part in and not even meaningfully accounted for until hiring an attorney out of pocket simply to represent the people who put me here.

That should never be necessary for anyone on this dais. From the start, I said the process could occur later. Every firm confirmed that they were willing to reschedule, and our current counsel agreed to stay on as long as needed. When someone is told there's no urgency, Juan, and still insists on pushing ahead, that's not inclusivity, that's division.

You can't preach one to the community and then practice the other on the dais. The fact that we're now holding another round of interviews next week with all the same firms and with the council's availability at this later time only proves the deliberate exclusion beyond any doubt. Before turning to the Fresno Bee, I exhausted every internal avenue raising concerns privately on multiple occasions with both the city manager and the city attorney, and proposing alternative dates in an effort to find a resolution. When those efforts went nowhere, I retained counsel and sent a demand letter, which prompted a response within 24 hours.

But rather than real accountability, it was an attempt to smooth things over without acknowledging what had happened. That's what ultimately led to my op-ed. I was grateful to be published it, helping shine a light on what occurred and hopefully discouraging other jurisdictions from engaging in practices that undermine representative democracy. Because when an accountability is avoided, the only option left is transparency. But this issue goes beyond one process. It speaks to a kind of culture we allow to take root. When exclusion becomes routine, accountability erodes.

We even create a culture in which the majority supporters feel it's permissible, permissible to demean those who call out unfairness, such as in the case of one of those supporters, a local business owner, who sent me a private message calling me narcissistic and childish while saying I'm having a tantrum online, and that my explanations aren't coming across as intelligent, but as petty.

CITY COUNCIL MEETING
TUESDAY, OCTOBER 21, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES ATTACHMENT
37 Section 8, Item 8B
That kind of distortion, turning one's integrity into mockery is exactly what keeps people from speaking up, but it's never going to stop me. The truth is simple. There's no halftruth with another half to grab. The facts are public, the timeline is clear and no one can twist what's actually happened. When personal attacks replace honest dialogue. It discourages participation and erodes trust, and we thereby lose what makes this council and this community worth serving. What's done can't be undone. I can't reclaim that first round of interviews or the dynamic that came from being in that room, but my focus is on moving the city forward by fixing the process itself. So no council member now or in the future can be shut out simply because the majority decides to move ahead without them. That's why I'm proposing a new section of the Fowler Municipal Code under Title two administration, chapter one, city Council article one, meetings to be numbered.

Section two dash 1.108, subdivision B, council Participation and key appointment processes, which would read as follows, all council members should be included in the interview and selection process for the city attorney, city manager, police chief, and fire chief, unless lawfully recused. Scheduling of such interviews shall be done in consultation with the full council to ensure fair participation by all members. This proposal gives us a chance to reaffirm the values that define good governance. I ask that my colleagues supporting agendizing this item for our next regular meeting, not as a concession, but as a step toward restoring trust in this council's commitment to fairness and accountability. So, I would hope that you would all join me in directing staff to agendize this so that we can amend our code and ensure this never happens again.

Do I have your support to have staff do that?
Councilmember Hammer
No.

Mayor Mejia
And it's not an agendized item.

Councilmember Hammer
Correct
Councilmember Kazarian
I'm asking for direction. They’re supposed to ask for direction during this time, isn't that correct? Yes.

Mayor Mejia
No, I’m- I need to think about a lot more38
Section 8, Item 8B
Councilmember Hammer
I need to take a look at it.

Mayor Mejia
Yeah.

Councilmember Kazarian
You just said no though.

Councilmember Hammer
Pardon me?
Councilmember Kazarian
You're going to have to take a look at it now instead of just saying no right off the bat? Councilmember Hammer
Yeah, because you’re the one that decided not to come, don't be blaming it on us.

Councilmember Kazarian
So, this is not a time for going back and forth.

Councilmember Hammer
You’re the one that decided not to come. That’s it. End of discussion.

Mayor Mejia
Yeah, so justCouncilmember Kazarian
That's minimizing it. Leonard.

Mayor Mejia
Just to bring order back to this, I appreciate both your comments. It is something that thank you for sharing it and it's something that I think we will consider, something that we will discuss before I think we agree to anything.

Councilmember Hammer
I agree
Councilmember Kazarian
Perfect, Thank you.
39 Section 8, Item 8B
Councilmember Hammer
It needs to be discussed
Mayor Mejia
Agreed.

Councilmember Parra
I agree.

Mayor Mejia
Yep. I actually appreciate your comments, Councilmember Kazarian. I think it shows the great freedom that we have in this country to agree and to disagree and to do it cordially and to be productive and constructive when doing so. So, I appreciate your comments.

Now, to close it out, I'm going to turn it back to the celebratory mode that we were having just now.
[END OF TRANSCRIPT]
40 Section 8, Item 8B

SPECIAL CITY COUNCIL MEETING
MONDAY, OCTOBER 27, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Mejia called the meeting to order at 6:01 p.m.

2. ROLL CALL

PRESENT
Juan Mejia
Amarjeet Gill
Leonard Hammer
ABSENT
Karnig Kazarian
Daniel Parra
Councilmember Kazarian arrived at 6:01 p.m.

City Staff Present: City Manager Reid and Records Technician Turney.

3. CLOSED SESSION
Government Code Section 54957
Public Employee Appointment/Employment
Title: City Attorney
The meeting went into closed session at 6:02 p.m.

4. RECONVENE INTO OPEN SESSION AND REPORT ACTION
The meeting reconvened into open session at 8:04 p.m.

Mayor Mejia reported that a selection was made but no formal reportable action was taken during closed session.

5. ADJOURN
Having no further business, the special meeting was adjourned at 8:06 p.m. 41 Section 8, Item 8C

CITY COUNCIL MEETING
TUESDAY, NOVEMBER 04, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Mejia called the meeting to order at 6:01 p.m.

2. ROLL CALL

PRESENT
Juan Mejia
Leonard Hammer
Daniel Parra
ABSENT
Amarjeet Gill
Karnig Kazarian
Councilmember Kazarian arrived at 6:03 p.m.

City Staff Present: City Manager Reid, City Attorney Cross, Finance Director Banda, Fire Battalion Chief Dominguez, Community & Economic Development Director Flood, Interim Police Chief Gularte, Recreation Supervisor Hernandez, City Engineer Park, Public Works Director Rocha, City Clerk Vasquez

3. APPROVAL OF AGENDA
City Clerk Vasquez stated that there would be a short presentation by Paul Dictos, Fresno County Assessor-Recorder, at the end of public comment. Councilmember Parra made a motion to Approve the change to the agenda.

Seconded by Hammer.

Voting Yea: Mejia, Hammer, Parra

6. CEREMONIAL PRESENTATIONS
A. Veterans Day Proclamation

7. PUBLIC COMMENT
There was no public comment.

Paul Dictos, Fresno County Assessor-Recorder, provided a brief presentation on the Property Owner’s Protection Alert.
42 Section 8, Item 8D

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

Voting Yea: Mejia, Hammer, Kazarian, Parra
A. RATIFY Pay Warrants for November 4, 2025
B. APPROVE Minutes of the October 6, 2025 City Council Meeting C. APPROVE Resolution No. 2811 an updated Employee Travel Policy D. APPROVE a $1000 donation to Worship Centre Youth Group using Fiscal Year 2025-26 CalRecycle Funds
E. APPROVE Amendment 3 to the Well No. 9 Drought Resiliency Project Agreement for a Time Extension and Authorize the City Manager to Execute the Amendment

10. GENERAL ADMINISTRATION
Finance
A. APPROVE Resolution No. 2812 Approving an Accounting Software License and Agreement with Corbin Willits Systems
Motion made by Kazarian, Seconded by Hammer.

Voting Yea: Mejia, Hammer, Kazarian, Parra

11. STAFF COMMUNICATIONS
Updates were given by Public Works Director Rocha, Recreation Supervisor Hernandez, Community & Economic Development Director Flood, City Clerk Vasquez, City Engineer Park, and City Manager Reid.

12. COUNCILMEMBER REPORTS AND COMMENTS
Updates were given by Councilmember Kazarian, Councilmember Parra, Councilmember Hammer, and Mayor Mejia.

13. ADJOURN
Having no further business, Councilmember Kazarian made a motion to adjourn the meeting at 6:57 p.m. Seconded by Councilmember Parra.
43 Section 8, Item 8D

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: YVONNE HERNANDEZ, Recreation and Senior Center Supervisor SUBJECT: APPROVE 2026 Community Events Calendar

EXECUTIVE SUMMARY
This action approves the 2026 community events calendar and identifies which events are City sponsored.

BACKGROUND
Staff continue to develop an integrated events management process between Public Works, the Police Department, Senior/Recreation, and City Administration. The calendar of events identifies City-sponsored and community events planned or anticipated during the 2026 calendar year.

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

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

GENRAL PLAN CONSISTENCY
This action is consistent with:

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

General Plan Policy ED-12
Support the development of civic amenities, including community entertainment venues, community events, and other opportunities that increase quality of life, visitation, and position Fowler as a center for recreation and entertainment in Fresno County 44 Section 8, Item 8E

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

PROCUREMENT PROCESS
No procurement is associated with this action.

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

Attachments
- 2026 Community Events Calendar
45 Section 8, Item 8E
Date Activity City Event Facilities Road Closure
Saturday, Febuary 28, 2026 Spring Fest Y Panzak Park Merced St bet 2nd & 3rd March 7-14, 2026 California Arbor Week Y TBD TBD
Saturday, March 28, 2026 Easter Eggstravaganza Y Panzak Park None Saturday, May 16, 2026 Pancakes and Pets Y Donny Wright None Sunday, July 5, 2026 5th of July Y Fowler High None
Wednesdays Aug 5 - Oct 21, 2026 Wednesday Nights at the Park Y Panzak Park 2nd bet Merced/Tuolumne Saturday, October 3, 2026 Lions Club Fall Fest N Panzak Park 6th fr Merced to Tuol.;
Merced fr 6th to 1st; 3rd fr
Tuol. to Merced; 2nd fr Tuol.
to Merced; 1st fr Merced to
Main.

Saturday, October TBD 2026 Jr High Band Review N Panzak Park 6th fr Merced to Main;
Merced fr 6th to 2nd; Main
fr 3rd to 6th; 3rd fr Tuol. To
Fresno; 2nd fr Tuol. to Main;
Walter fr Fresno to
Temperance.

Saturday, October TBD 2026 Pharohs Car Club of Fowler N Panzak Park Merced fr 1st to 5th (based
on entries, soft closure at
4th/Merced intersection),
2nd & 3rd bet
Merced/Tuolumne.

City of Fowler Community Events Calendar
2026
1/2 46
Section 8, Item 8E
Date Activity City Event Facilities Road Closure
City of Fowler Community Events Calendar
2026
Late Oct TBD Sikh Parade N Donny Wright
Merced St. from 4th to the
SR99 overpass.

Sumner Ave. from SR99 to
Sunnyside.

Saturday, Nov 7, 2026 Veterans Day Event N Veterans Park 1st/Merced triangle Wednesday, Dec 2, 2026 Christmas on Merced Y Downtown
Merced from Flower Shop
to 7th /6th from
Main/Tuolumne.

Saturday, December 12, 2026 Childrens Shopping Day Y Fowler High None Sunday, December 13, 2026 Journey of Lights Y Fire House Main at 5th and alley 2/2 47
Section 8, Item 8E

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPROVE Resolution No. 2813 setting the regular City Council meeting schedule for calendar year 2026

EXECUTIVE SUMMARY
Approval of Resolution No. 2813 will set the regular City Council meeting schedule for calendar year 2026.

BACKGROUND
Consistent with Ordinance 2023-03 adopted on March 21, 2023, this resolution sets the regular City Council meeting schedule for calendar year 2026 beginning with the January 6, 2026 meeting.

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

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

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

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

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

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

Attachments
- Resolution No. 2813 and Exhibit A – City Council 2026 Regular Meeting Schedule 48 Section 8, Item 8F
RESOLUTION NO. 2813

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

SETTING A SCHEDULE FOR REGULAR CITY COUNCIL MEETINGS FOR CALENDAR YEAR 2026
WHEREAS, consistent with Ordinance No. 2023-03 adopted on March 21, 2023; and WHEREAS, annually, by Council Resolution, the Council shall set a schedule of regular meetings of the Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the schedule for regular City Council meetings for calendar year 2026 beginning on January 6, 2026, are set and approved as provided in Exhibit A attached to this Resolution.

PASSED, APPROVED AND ADOPTED this 2nd day of December 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
49 Section 8, Item 8F

EXHIBIT A
Date Time
Tuesday, January 6, 2026 6:00 p.m.

Tuesday, January 20, 2026 6:00 p.m.

Tuesday, February 3, 2026 6:00 p.m.

Tuesday, February 17, 2026 6:00 p.m.

Tuesday, March 3, 2026 6:00 p.m.

Tuesday, March 17, 2026 6:00 p.m.

Tuesday, April 7, 2026 6:00 p.m.

Tuesday, April 21, 2026 6:00 p.m.

Tuesday, May 5, 2026 6:00 p.m.

Tuesday, May 19, 2026 6:00 p.m.

Tuesday, June 2, 2026 6:00 p.m.

Tuesday, June 16, 2026 6:00 p.m.

Tuesday, July 7, 2026 6:00 p.m.

Tuesday, July 21, 2026 6:00 p.m.

Tuesday, August 4, 2026 6:00 p.m.

Tuesday, August 18, 2026 6:00 p.m.

Tuesday, September 1, 2026 6:00 p.m.

Tuesday, September 15, 2026 6:00 p.m.

Tuesday, October 6, 2026 6:00 p.m.

Tuesday, October 20, 2026 6:00 p.m.

Tuesday, November 3, 2026 6:00 p.m.

Tuesday, November 17, 2026 6:00 p.m.

Tuesday, December 1, 2026 6:00 p.m.

Tuesday, December 15, 2026 6:00 p.m.
2026 Regular Meeting Schedule
City Council of the City of Fowler
50 Section 8, Item 8F

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPROVE Resolution No. 2814 adopting the monthly employee share of health benefits premiums for calendar year 2026

EXECUTIVE SUMMARY
Approval of Resolution No. 2814 will set the monthly employee share of health benefits premiums for calendar year 2026.

BACKGROUND
Resolution No. 2810 (Employee Benefits Handbook) was adopted on October 21, 2025. 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 2026. The monthly employee share of health benefits premiums for calendar year 2026 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.

FISCAL IMPACT
Employee health benefits costs are included in the Fiscal Year 2025/26 approved budget and will be included in the Fiscal Year 2026/27 proposed budget.

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

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
51 Section 8, Item 8H
Attachments
- Resolution No. 2814 and Attachment A – 2026 Employee Monthly Health Benefits Premiums 52 Section 8, Item 8H
RESOLUTION NO. 2814

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

SETTING THE MONTHLY EMPLOYEE SHARE OF HEALTH BENEFITS
PREMIUMS FOR CALENDAR YEAR 2026
WHEREAS, employee health benefits premiums charged to the City vary from year to year; and
WHEREAS, the Employee Benefits Handbook approved by Resolution No. 2810 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 2026 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 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that employee health premiums for calendar year 2026 are hereby set as shown in Attachment A of this Resolution.

PASSED, APPROVED AND ADOPTED this 2nd day of December 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
53 Section 8, Item 8H
City Pays Employee Pays City Pays Employee Pays
Employee $985.82 $50.00 $1,082.92 $50.00
Employee & 1 $1,971.64 $65.00 $2,165.85 $65.00
Employee & 2+ $2,563.14 $80.00 $2,815.61 $80.00
Retiree $0.00 $985.82 $0.00 $1,082.92
Retiree & 1 $0.00 $1,971.64 $0.00 $2,165.85
Retiree & 2+ $0.00 $2,563.14 $0.00 $2,815.61
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 $19.28 $0.00
Employee & 1 $28.54 $8.84 $27.95 $8.84
Employee & 2+ $51.18 $31.50 $50.12 $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 2025 2026

ATTACHMENT A
City of Fowler
2026 Employee Monthly Health Benefits Premiums
Blue Cross PPO Medical & EmpiRx Prescription
Sun Life Dental
2025 2026
VSP Vision
2025 2026
54 Section 8, Item 8H

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: ANGELA VASQUEZ, CPMC, City Clerk / Personnel Manager SUBJECT: APPROVE Resolution No. 2815 amending the City’s records retention schedule and Records Management Program Policy and Procedures Manual

EXECUTIVE SUMMARY
Approval of Resolution No. 2815 will amend the City’s records retention schedule and Records Management Program Policy and Procedures Manual.

BACKGROUND
The City’s current Records Management Program Policy and Procedures Manual (Manual), Resolution No. 2018 was adopted by City Council on September 20, 2005. Since that time, State and Federal regulations governing records retention and public access have changed; digital communication (cloud storage, messaging tools) has become prevalent; and best practices in records lifecycle management have evolved to emphasize transparency, data security, and efficient retrieval.

In response, staff initiated a comprehensive review of the existing program and identified some areas where updates are necessary to ensure compliance and streamline internal processes.

Records retention schedule updates were made in Administration, Finance, Community Development, Public Works, and Law Enforcement. Additional updates include the email retention policy, as well as language relating to the City archiving records via LaserFiche software. Although most of the updates were minor in nature, they will improve operational efficiency, strengthen compliance, reduce risk related to public records requests, and support transparency.

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

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

FISCAL IMPACT
Staff is not aware of a fiscal impact associated with this action. 55 Section 8, Item 8I

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. 2815 and Exhibit A – Updated Records Management Program Policy and Procedures Manual
56 Section 8, Item 8I
RESOLUTION NO. 2815

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

A RECORDS MANAGEMENT PROGRAM AND AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090

OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA
WHEREAS, the keeping of numerous records is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Fowler; and WHEREAS, California Government Code section 34090 sets forth certain legal requirements relating to the retention of certain municipal records and provides that City records that have served their purpose and are no longer required may be destroyed; and WHEREAS, Government Code section 12236 requires the Secretary of State to establish, publish, update, and maintain on a permanent basis, guidelines for local government records retention; and
WHEREAS, Local Government Records Retention Guidelines have been provided to the City which have been endorsed by resolution of the General Assembly of the League of California Cities, and by the California Municipal Clerks Association; and WHEREAS, said guidelines were used as a basis for creating the Records Retention Schedule for the City of Fowler; and
WHEREAS, the Records Retention Schedules have been reviewed by the City Attorney, City Clerk and each Department Head responsible for the original records applicable to their respective departments; and
WHEREAS, it has been determined that the Records Management Policy and Procedures Manual and Records Retention Schedule complies with Federal and State statutes and generally accepted records management practices.

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

SECTION 1. The City of Fowler hereby adopts a Records Management Program which includes a Policy and Procedures Manual containing a Records Retention Schedule which is attached hereto, as Exhibit A, and incorporated herein by this reference. The records listed in the schedule are hereby authorized to be destroyed as provided by Section 34090 of the Government Code of the State of California and in accordance with the provisions of said schedule upon the request of the department head and with the consent in writing of the City Attorney and City Clerk, without further action by the City Council of the City of Fowler.

SECTION 2. The provisions of Section 1 above do not authorize the destruction of:
57 Section 8, Item 8I
(a) Records affecting the title to real property or liens thereon (b) Court records
(c) Records required to be kept by statute
(d) Records less than two (2) years old
(e) The minutes, ordinances, or resolutions of the City Council of the City of Fowler or of any City board, committee or commission
SECTION 3. The destruction of any record as provided for herein shall be by burning, shredding or other effective method of destruction and said destruction shall be witnessed by the City Clerk or her designee.

SECTION 4. The term “records” as used herein shall include all papers, instruments, books, exhibits, microfilm, maps, tapes, computer files, floppy discs, email and other documents produced, received, owned or used by the City of Fowler.

SECTION 5. The City Clerk, with the approval of the City Attorney, is hereby authorized to modify the Records Management Policy and Procedures Manual including the Records Retention Schedule as new records are added and as Federal and State laws change that impact the records. The City Clerk will bring before the Council a status report highlighting any changes that have occurred.

The foregoing resolution was passed and adopted by the City Council of the City of Fowler at a regular meeting held on the 2nd day of December, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
58 Section 8, Item 8I

CITY OF FOWLER

RECORDS MANAGEMENT PROGRAM

POLICY AND PROCEDURES MANUAL
December 2025
59 Section 8, Item 8I
This Manual serves as an update and replacement to the Records Management Program, previously adopted in September of 2005 for the City of Fowler. The Manual is designed to manage the City’s records, to maintain those records that are essential to the operation of the City of Fowler, and to legally dispose of such records that have served their usefulness.

PURPOSE – The purpose of this Records Management Program Policy and Procedures Manual (“Manual”) is to establish policies and procedures to control the efficient creation, utilization, maintenance, retention, preservation and disposition of City of Fowler (“City”) records, based on State and Federal statutes governing the maintenance of public records. And, to ensure that a responsible program of records management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the Citizens of Fowler.

BENEFITS – The benefits the City will receive from properly implemented policies and procedures will be:
 Higher quality and faster service to customers made possible by having swift access to records and the information they contain.
 Increased executive and managerial effectiveness by having prompt access to complete, accurate, and up-to-date records.
 Measurable increases in staff productivity with either a well-developed electronic records system or state of the art systems for paper records.  Substantial reductions in data and records volumes, freeing valuable office and filing cabinet space while avoiding expensive off-site storage solutions.  Development of a process where vital data and records can be identified and protected.
 Development of a process where records no longer required can be identified and disposed of appropriately.
 More appropriate implementation and use of technology now available for document management.
 Greater assurance of legal compliance by using retention schedules.  Measurable Return on Investment (ROI), which will compare the costs of the program with the associated savings.
 Implementation of an imaging system that will integrate with current hardware and software applications.
60 Section 8, Item 8I
i

TABLE OF CONTENTS
SECTION I – PURPOSE OF RECORDS MANAGEMENT PROGRAM ....................................2 - Authority
- Objectives
SECTION II – CITY COUNCIL RESOLUTION SUMMARY.....................................................4 SECTION III – RESPONSIBILITIES.............................................................................................6 - City Council
- City Attorney
- City Clerk
- Department Head/Records Coordinator
SECTION IV – MAINTENANCE AND DISPOSITION OF RECORDS .....................................9 - Procedures
- Forms
SECTION V – DEFINITION OF TYPES OF RECORDS ...........................................................11 SECTION VI – INVENTORY AND APPRAISAL OF DEPARTMENT RECORDS ................14 SECTION VII – RECORDS CENTER – LONG TERM STORAGE ..........................................17 - Records Eligible
- Preparation/Procedures for Records Transfer
- Retrieval
SECTION VIII – VITAL RECORDS – CONFIDENTIAL RECORDS.......................................20 - Preservation and Storage
SECTION IX – DESTRUCTION OF RECORDS ........................................................................22 - Policy and Procedures
- Destruction of Records at Records Center
- Destruction of Non-Records
- Alternate Procedures
SECTION X – RECORDS RETENTION SCHEDULES.............................................................26 - Administration
- Finance
- Community Development
- Public Works
- Public Safety
- E-mail Retention Policy
61 Section 8, Item 8I
ii
SECTION XI – RECORDS MANAGEMENT FORMS...............................................................83 - Records Management Inventory – Appraisal Worksheet
- Records Transfer List
- Records Center Retrieval Request Form
- Records Destruction Authorization and Certificate
SECTION XII – GLOSSARY.......................................................................................................88 SECTION XIII – FILING GUIDELINES AND SUGGESTIONS...............................................96 - Files Management and Maintenance
62 Section 8, Item 8I
1 SECTION I

PURPOSE OF RECORDS

MANAGEMENT PROGRAM
- Authority
- Objectives
63 Section 8, Item 8I
2 PURPOSE OF RECORDS MANAGEMENT PROGRAM
The purpose of this Records Management Program is to set forth policies and procedures pertaining to the utilization, maintenance, protection, preservation, retention, and disposition of City records, in accordance with the California Government Code sections governing public records. The program will ensure that records of continuing administrative, legal, fiscal, historical, and research value are preserved and readily accessible, and that records no longer of current use to the City are properly stored or destroyed.

AUTHORITY
Government Code section 34090 provides authority for the head of a City department to destroy City records with the approval of the legislative body by resolution and the written consent of the City Attorney, without making a copy of such records, and after such records are no longer required. However, this section does not authorize the destruction of:
 Records affecting the title of real property or liens thereon  Court records
 Records required to be kept by statute
 Records less than two years old (original)
 The minutes, ordinances, or resolutions of the legislative body or for a City board or commission

OBJECTIVES

1. Destruction of records with no further value to the City, in accordance with the requirements of Government Code section 34090.

2. The elimination of unnecessary records that have no lasting value will allow a more efficient retrieval of active records and reduce the need for additional file equipment.

3. Establishment and maintenance of record retention schedules, demonstrating compliance with legal retention requirements established by state and federal law.

4. Transfer of inactive records from high-use office space to low-use storage in the City’s Records Center.

5. Improvement of information retrieval through better classification and filing systems, including establishment and maintenance of a document imaging system.

6. Preservation of records with long-term value or permanent retention requirements.

7. Elimination of duplicate records filed in several departments.

8. Protection of vital records.
64 Section 8, Item 8I
3 SECTION II

CITY COUNCIL RESOLUTION SUMMARY
65 Section 8, Item 8I
4 CITY COUNCIL RESOLUTION SUMMARY
Resolution No. 2815 adopts this Records Management Program containing a records retention schedule and records disposition/destruction policies and procedures. This Records Management Policy and Procedures Manual designates the City Clerk as the Records Management Director to administer the Records Management Program, and to make final disposition of City records in accordance with the Records Management Program.
66 Section 8, Item 8I
5 SECTION III

RESPONSIBILITIES
- City Council
- City Attorney
- City Clerk
- Department Head/Records Coordinator
67 Section 8, Item 8I
6 RESPONSIBILITIES
City Clerk has instituted a Records Management Program for the City of Fowler. The program is structured to be a cooperative undertaking with responsibilities shared among those departments involved. The responsibilities for carrying out the program for the retention, maintenance and disposition of City records are as follows:

CITY COUNCIL
As part of the resolution approving the City’s Records Management Program, the City Council will adopt a Records Retention Schedule. The schedule is the legal authority for the disposition of the City’s records and indicates what action (retain, transfer, destroy) is to be taken with each records series title. When adopted, the resolution and any future amendments will become a part of the Records Management Manual. A status report on future amendments to the schedule will be provided by the City Clerk.

CITY ATTORNEY
The City Attorney, in coordination with the City Clerk, and City Department Heads, will review each listing, as prepared by the City Clerk, of records which are eligible for destruction for the purpose of recommending modifications or approval. The City Attorney will also review proposed amendments to the Records Retention Schedule and make appropriate recommendations for revisions or approval.

CITY CLERK
The City Clerk is the City’s custodian of records and will be the Director of the Records Management Program. The City Clerk ensures that controls are established for the creation, maintenance, and disposition of records, and will prepare necessary amendments to the Records Retention Schedule for approval by Department Heads and the City Attorney. The City Clerk will assist each department in ensuring that the records are being properly maintained, retained and disposed of in accordance with the established Records Management Program. In addition, the City Clerk will prepare and submit to each department a listing of inactive records stored in the Records Center which are eligible for destruction. The City Clerk will prepare the appropriate forms and obtain written consent from the Department Head and the City Attorney for their destruction.

DEPARTMENT HEAD/ RECORDS COORDINATOR
The City Clerk can assign active and permanent document files or records to a specified department. Each department shall maintain custody and control over its records accordingly. Each Department Head or his/her designee will act as a Records Coordinator, and be responsible for the creation of a reliable and accurate filing system to ensure the efficient maintenance, retrieval and disposition of the records under his/her control. The Department Head shall be responsible for seeing that only essential records are being retained in accordance with the Records Retention Schedule; requests for copies of public record are properly processed; records which no longer 68 Section 8, Item 8I
7 serve any useful purpose or need to be legally retained are processed for destruction; and inactive records with long-term or permanent retention are transferred to the Records Center. The Department Head may designate a supervisor or records clerk(s) to perform the necessary duties and tasks.
69 Section 8, Item 8I
8 SECTION IV

MAINTENANCE AND DISPOSITION OF RECORDS
- Procedures
- Forms
70 Section 8, Item 8I
9 MAINTENANCE AND DISPOSITION OF RECORDS
PROCEDURES – FORMS

RECORDS MANAGEMENT POLICY AND PROCEDURES MANUAL
The City Clerk will distribute a Records Management Program Policy & Procedures Manual to all Department Heads. Each Department Head is responsible for ensuring that the records under his/her control are maintained and processed for retention or destruction in accordance with said Policy. The Policy shall be revised when necessary to meet all legal and administrative requirements.

The goal of the Records Management Program is to implement procedures that staff will utilize to ensure that at least on an annual basis, retention schedules will be reviewed to identify the records that are eligible for destruction and the records that are inactive and eligible for transfer to the Records Center.

Those identified for destruction will be properly destroyed as set forth in the Records Management Policy and Procedures Manual and a record of their destruction will be permanently maintained by the City Clerk’s office.

REQUIRED FORMS
The forms as identified in Section XII of this document are to be utilized by all Department Heads or their designees in order to efficiently and accurately identify, inventory, transfer to storage, retrieve, and process for destruction, all records under his/her control.

Records Management Inventory-Appraisal Worksheet - This form is used to collect the inventory and appraisal information needed to develop retention periods for public records under the control of each City Department.

Records Transfer List - This form is to be used for transferring inactive records with long retention periods and inactive permanent records to the Records Center. The form shall be prepared by the requesting department and submitted to the City Clerk or his/her designee along with the corresponding records.

Records Center Retrieval Request Form - This form is to be used for the retrieval of any record or file stored at the Records Center. The form shall be prepared by the requesting department and submitted to the City Clerk or his/her designee.

Records Destruction Authorization and Certificate - This form is prepared by the department wishing to destroy records. The City Clerk or his/her designee reviews the form and forwards it to the City Attorney for approval. Once approved by the Department Head, City Attorney and City Clerk, the records listed are then destroyed.
71 Section 8, Item 8I
10 SECTION V

DEFINITION OF TYPES OF RECORDS
72 Section 8, Item 8I
11 DEFINITION OF TYPES OF RECORDS
RECORD: Recorded information - any paper, book, map, photograph, microform, card, magnetic media, chart, drawing, tape recording, computer file, or other documentary material generated or received by an organization. The record may be used as evidence of its internal structure, policy, decisions, procedures, operations or basic activities, or because of their inherent informational value.

Records may have any or all of the following values: administrative, legal, fiscal, historical or research value.

A) Active records: records generally less than two (2) years old and used or referred to frequently (at least once a month) in the course of business.

B) Inactive records: records more than two (2) years old, referred to infrequently or not at all, but legally required to be kept for a longer period C) Transitory records: “non-records” or records that do not merit retention because they have no administrative, fiscal, legal, or historical value PUBLIC
RECORD: Any record containing information relating to the conduct of the City’s business that is prepared, owned, used or retained by the City regardless of physical form or characteristics, that is accessible to the public. (Gov. Code § 7920.530, subd. (e)).

CONFIDENTIAL/EXEMPT RECORDS:

Pursuant to Government Code sections 7920 through 7931, may include, but are not limited to the following:
 Records and files of the City Attorney or Special Counsel, and confidential communications from the City Attorney or Special Counsel.  Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the City in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure.
 Records pertaining to pending litigation or claims filed against the City, until the pending litigation or claim has been finally adjudicated or otherwise settled.
 Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal. privacy.  Certain records of complaints to, or investigatory or security files compiled by the City for correctional, law enforcement or licensing purposes (with exceptions).
 The contents of real estate appraisals or engineering or feasibility estimates and evaluations relative to the acquisition of property, or bids for public supply or construction contracts, until all of the property has been acquired or all of the contract agreement has been obtained.
 Examination data for licensing, employment or academic exams. 73 Section 8, Item 8I
12  Certain information required from any taxpayer in connection with the collection of local taxes.
 Records of which disclosure is prohibited by federal or state law, including, but not limited to, provisions of the Evidence Code relating to privileges.

RECORD
COPY: The original or original signed document.

DUPLICATE
RECORD: Photocopies, or the reproduction of a record. (Duplicate records should only be retained while they are useful and destroyed as soon as no longer needed).

NONRECORD: Any paper generated during the course of business that does not merit retention because it does not contain information of a significant or lasting value. Examples of non-records: cover memos, preliminary drafts, transmittal letters, publications, etc. (See glossary).

VITAL
RECORD: Record containing information essential for the City to resume operation after a disaster; records containing information regarding claims to present or future income; records necessary to protect the City against fraud or overpayment; and records furnishing data on current assets, equipment, securities and real estate. (See glossary).

PERMANENT
RECORD: A record that cannot be destroyed by law, as referred to in GC 34090. A permanent paper record can be destroyed if an unalterable copy is retained by an archival type storage media such as CD-ROM, optical disc, microfiche or microfilm. This type of permanent storage saves storage space and equipment, provides protection and preservation of the document and facilitates easy retrieval. 74 Section 8, Item 8I
13 SECTION VI

INVENTORY AND APPRAISAL
OF

DEPARTMENT RECORDS
75 Section 8, Item 8I
14 INVENTORY OF DEPARTMENT RECORDS
The beginning task of the Records Management Program is the Records Inventory. The Department Head and/or Department Records Coordinator, will physically inventory all departmental records — active and inactive. These records can be of varying media including paper (legal and letter size), computer files, tape, microforms, engineering drawings and plans, volumes and any other form that may be currently in use within the department. This inventory will reveal the types of records, identified in and grouped in a series, and the quantities of each that are contained in the department.

Each department will be asked to assign a qualified person who is familiar with departmental files to assist in this one-time activity.

When the inventory is properly conducted using the Records Management Inventory-Appraisal Worksheet, it will provide a basis for the evaluation of records and the development of any revisions to the Records Retention Schedule. The Inventory Worksheet will show:

1. If the record is the “record copy” or a duplicate copy.

2. The person and department responsible for the records

3. The period of years covered by the record

4. A complete description of the record series so they may be identified by personnel not regularly working with them

5. Frequency of reference: active - less than two years old and/or used at least once a month or inactive: more than two years and seldom referred to but legally required to be kept for a longer period.

6. The value of the record series: legal, fiscal, administrative, etc. (see following guidelines)
The department head will sign off on all worksheets.

RECORD APPRAISAL
After the inventory has been completed, the Record Inventory-Appraisal Worksheets will be assembled and the records appraised to determine their disposition for the conservation of space, equipment, and staff time.

In order to dispose of the records at the appropriate time, it is necessary to evaluate them in relation to the period of usefulness to the department; only records requiring frequent reference should be retained in the office files. When they no longer fulfill this need, they should be either destroyed or transferred to long term storage.
76 Section 8, Item 8I
15 Guidelines in determining the need to retain records are:

1. Administrative value is the length of time that the record is necessary to carry out the operation of the City department. This time can be divided into two periods; active, the time it is used in the department; and inactive, the additional time it is retained in storage.

2. Legal value represents the time that various legal bodies, from Federal to State to Local, require records to be kept. In California, Government Code 34090 specifies particular records which are permanent, and which may or may not be destroyed. There are numerous other code sections involved governing the retention of government records. The retention periods established by law are minimum retention periods. Individual government agencies will decide how long they wish to retain records; the period of retention may exceed the minimum periods established by law.

3. Fiscal value of a record is determined by whether it is required for fiscal or tax purposes by the Internal Revenue Service or some other regulatory body such as the Securities and Exchange Commission, or for internal audit purposes.

4. Historical or archival value. While no longer bearing any administrative, fiscal, or legal value, records can be of historical interest to individuals doing research in matters involving the history of Fowler. Often there will be a sharing of records with another local organization such as a historical society or a library. 77 Section 8, Item 8I
16 SECTION VII
RECORDS CENTER – LONG TERM STORAGE
- Records Eligible
- Preparation/Procedures for Records Transfer
- Retrieval
78 Section 8, Item 8I
17 RECORDS CENTER - (LONG TERM STORAGE)
The Records Center (hereafter known as RC) houses and stores inactive records with a long term retention period as set forth by the Records Retention Schedule. The Center also houses inactive permanent records. The RC is located in the Old City Hall vault at 126 S. 6th Street, Fowler, CA.

RECORDS ELIGIBLE
Only inactive records to be retained for a specified period of time (10 years or more) should be transferred to the RC. Non-records, duplicate records, research material, etc. should not be transferred to the Records Center. Records eligible for destruction will not be transferred to the RC. The City Clerk will audit records set for transfer to the RC to ensure that no documents have been forwarded in error.

NOTE: An alternate method for storing inactive records with a permanent retention period is to have the record scanned into an optical imaging system, such as Laserfiche. Please see the section on Destruction of Records - Alternate Procedures and contact the City Clerk for more information.

PREPARATION OF RECORDS FOR TRANSFER TO THE RC - PROCEDURES Each department should establish a schedule for reviewing their records and carrying out the disposition of records in accordance with the Records Retention Schedule.

It is essential that records be properly prepared by the Department Head or his designee prior to transfer to the RC.

1. Determine records that are to be transferred to the RC. These records will generally be inactive with a long retention period (10 years or more). Files should be purged of inactive material. Records should be transferred to the RC as soon as they are determined to be inactive or as soon as it is determined that the records will seldom be referred to.

2. Organize records by categories, such as; numeric, alpha, subject matter and date.

3. Review the Records Retention Schedule and group records with similar retention periods together. Only records having similar retention periods should be stored in any single box. (i.e., records with long retention periods should not be co-mingled with records having lesser retention periods). Inactive permanent records should be placed in a box separate from other records.

Storage Boxes: All storage boxes will remain the same size for better storage purposes. If the nature of the records require special storage needs, the City Clerk should be consulted.

4. Review each record, removing all rubber bands, paper clips, and any duplicate copies. Only one (1) copy of record material should be retained to avoid wasting storage space. Binders and covers should be removed to save storage space and be reused, if possible, for active files.
79 Section 8, Item 8I
18 5. Prepare a Records Transfer List as set forth in Section XII of the Records Management Policy and Procedures Manual. It is important that the form is carefully completed, in order to have an accurate history of what is being maintained in the RC for ease of future identification and retrieval. The form shall be prepared for each storage box, listing and identifying each record series and the dates of the records which are contained in the box.

Listing should be concise, but should sufficiently identify the record for retrieval purpose.

The Records Transfer List record titles must match the record title shown on the Records Retention Schedule.

6. Attach one copy of the Record Transfer List to the corresponding storage box (do not label the storage box) and transmit the original with one copy to the City Clerk.

7. The City Clerk will verify the accuracy of the Records Transfer List, label the storage box, assign the box number and transfer the storage box to the RC. One copy of the Records Transfer List, when completed, will be returned to the originating department, one copy will be retained in the corresponding storage box, and the original will be retained by the City Clerk.

RETRIEVAL FROM THE RC
Submit a Records Center Retrieval Request form to the City Clerk when you wish to retrieve records from the RC. At least two (2) working days should be allowed for retrieval. Records withdrawn from the RC should be returned within thirty (30) days. The requester is responsible for the return of the records to the Records Center. The City Clerk will retain the Retrieval Request form, and a copy will be kept in the corresponding storage box, until the record is returned. Followup on records checked out from the Records Center will occur if not returned within thirty (30) days.
80 Section 8, Item 8I
19 SECTION VIII

VITAL RECORDS

CONFIDENTIAL RECORDS
- Preservation and Storage
81 Section 8, Item 8I
20 VITAL RECORDS AND THEIR STORAGE
Vital records contain information necessary for the City to resume operations after a disaster. Vital records are those documents which, in the event of a disaster, would be required to continue business with the least degree of financial loss and inconvenience. These records are essential to:
the resumption and/or the continuance of City business; the re-creation of the legal and financial status of the City, and; the fulfillment of obligations to the public, employees and/or outside interests. Vital Records may include, but are not limited to, current financial statements, ledgers, property deeds, leases, contracts, permits, licenses, original plans and specifications for City streets and facilities, ordinances, resolutions, and minutes of the City Council and Commission meetings.

Each Department Head is responsible for identifying the vital records under his/her control and ensuring that the Vital Records are maintained according to the following procedures:
 All vital records shall be stored in a secure, safe and controlled environment, to protect the records from theft or damage (i.e. vault or Records Center).  Vital records which are in use but are required to be kept in a secured area, should be returned to the secured area at the end of each workday. Vital records should not be allowed to accumulate on desks or in unprotected areas.
 A back-up copy of vital records, including any optical media, will be stored in a fire safe vault in the Administration office or the Records Center.

CONFIDENTIAL (EXEMPT) RECORDS AND THEIR STORAGE
Confidential records are exempt from disclosure under the California Public Records Act, sections 7922.000 through 7922.210 of the California Government Code (see Glossary). Confidential, exempt records should be stored to protect their confidentiality. They should be stored in a location that will enable only authorized persons to have access to them. Confidential records that are required to be kept long term and transferred to the RC for storage should be clearly marked and securely sealed. It should be noted on the Records Transfer List that the records are confidential. 82 Section 8, Item 8I
21 SECTION IX

DESTRUCTION OF RECORDS
- Policy and Procedures
- Destruction of Records at Records Center
- Destruction of Non-Records
- Alternate Records
83 Section 8, Item 8I
22 DESTRUCTION OF RECORDS
As provided by Government Code Section 34090, with the approval of the legislative body by resolution and upon the request of the Department Head and with the written consent of the City Attorney and the City Clerk, the eligible records identified in the Records Retention Schedule are authorized to be destroyed on an on-going basis in accordance with the established retention periods.

The Office of the City Clerk shall be responsible for scheduling and coordinating with all City Departments the destruction of records on a periodic basis. The Department Head or designee will identify and separate those records that can be destroyed. The department will complete the Records Destruction Authorization and Certificate form and forward it, along with the corresponding records, to the City Clerk’s office.

It shall be required that the Department Head, City Attorney, and City Clerk authorize and sign each Records Destruction Authorization and Certificate form prior to the records being destroyed.

POLICY AND PROCEDURES

1. The Department Head will send a Records Destruction Authorization and Certificate form to the City Clerk, listing the documents to be destroyed. The City Clerk will review and submit the Records Destruction Authorization and Certificate form to the City Attorney, for approval. NOTE: It is imperative that the Records Destruction Authorization and Certificate form be reviewed carefully by all signatory staff in order to determine whether records listed are involved in litigation, or if there is an administrative and/or operational requirement which may require a temporary extension of the retention period. If it is determined that the records should not be destroyed or should be kept for a longer period, the reason for continued retention will be listed on the form and the records will be returned to the originating department.

2. After final approval and signed consent by the City Attorney, City Clerk and the corresponding Department Head, the records will be transferred to the City Clerk who will process the records for destruction.

3. Destruction of the records will be supervised by the City Clerk. The City Clerk will sign the Certification of Destruction portion of the Records Destruction Authorization and Certificate form when the records have been destroyed, listing the date and method of destruction. The City Clerk or his/her designee shall maintain this form as a certified permanent record of all destroyed records.

4. Public Records can be destroyed by recycling, shredding, or burning. If the record is made of a material that is hazardous if burned or cannot be disposed of by recycling, a safe alternate disposal method can be devised. Confidential/exempt records must be destroyed in a manner that preserves their confidentiality. They cannot be simply discarded, but must be shredded or burned.
84 Section 8, Item 8I
23 DESTRUCTION OF RECORDS STORED AT RECORDS CENTER
Periodically, the RC Index log will be reviewed and all records eligible for destruction will be listed. The City Clerk will send the listing to the appropriate Department Head for review and approval to dispose of the records according to the Records Retention Schedule destroy date. The list should be reviewed to determine if there are any records which should be retained for legal, historic or other reasons. If records are needed beyond the retention period, then the Department Head must, in writing, give reason(s) for continued storage and estimate projected length of extension. To authorize for destruction of the eligible stored records, the Records Destruction Authorization and Certificate form must be executed as set forth in the foregoing destruction procedures.

DESTRUCTION OF NON-RECORDS
Non-records are documents that are not required to be retained, and may be destroyed as soon as they are no longer needed. Non-records may include:

Duplicate copies of records maintained in addition to the record copy; published books and pamphlets generated from other agencies which have no significant ongoing value to the City; temporary or transitory records such as worksheets used to collect or compile data after that data has been included in a record, cover memos, rough or preliminary drafts, materials used for illustration purposes; letters of transmittal, referrals, acknowledgments or courtesy letters, publications (unless printed by a city department in the course of business), tape recordings (unless designated as the official record), copies of other governmental agency reports, documents, etc. (unless prepared at the City’s request or its primary purpose and content pertains to city business); or stenographers’ notebooks after the information contained therein has been transcribed and approved; newsletters, magazines, newspapers, a document made for convenience only; phone logs, listings, indexes, routine requests for information; also refers to library or reference materials.

ALTERNATE PROCEDURES
Pursuant to Government Code section 34090.5. Authority of the City Officer having custody of public records to destroy them: Conditions:

Notwithstanding the provisions of Section 34090, the City Officer having custody of public records, documents, instrument, books, and papers, may without the approval of the legislative body or the written consent of the City Attorney, cause to be destroyed any or all of such records, documents, instruments, books, and papers, if all of the following conditions are complied with:
a) The record, paper or document is photographed, micro-photographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with GC Section 12168.7 for recording of permanent records or nonpermanent records. 85 Section 8, Item 8I
24 b) The device used to reproduce such record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images.
c) The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were. d) A true copy of archive quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes.

No page of any record, paper, or document shall be destroyed if any page cannot be reproduced on film with full legibility. Every unreproducible page shall be permanently preserved in a manner that will afford easy reference.

For the purposes of this section, every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original.

The City is currently in the process of transitioning physical records to Laserfiche. If the above requirements are met, the original hard copies may be eligible for destruction. 86 Section 8, Item 8I
25 SECTION X

RECORDS RETENTION SCHEDULES
- Administration
- Finance
- Community Development
- Public Works
- Public Safety
- E-mail Retention Policy
87 Section 8, Item 8I
26 RECORDS RETENTION SCHEDULE
The attached retention schedules are based on the Local Government Records Retention Guidelines developed by the California Municipal Clerks Association (CMCA) and maintained by the Secretary of State, as required by GC Section 12236. The retention guidelines have also been endorsed by the General Assembly of the League of California Cities and the CMCA.

The City Clerk and the City Attorney have reviewed federal and state laws concerning retention of documents to ensure that the schedule is in compliance with these laws. The schedules contain retention requirements for all City departments.

RECORDS NOT LISTED ON THE RECORDS RETENTION SCHEDULE
In most cases, file series not addressed in the attached schedule should be considered routine in nature and should be identified as a general subject, and retention for those files should be two (2) years unless specific laws, decisions or opinions would apply to the file series.

If a file series is not addressed in the attached schedule and the department believes other legal requirements apply or it is an essential record for the reasons listed above, following the recommendations of the Records Management Director and the Department Head, retention periods for these records will be established and the records will be listed, alphabetically by department, using a Records Retention Schedule form. The amended schedule will then be submitted to the City Attorney for approval. A status report on changes to the schedule will be brought to the Council.
* * * * * * * * * * * * *
88 Section 8, Item 8I
27 City of Fowler Records Management Policy & Procedures LEGEND
Records Retention
A = Active
Ad = Adoption
Au = Audit
C = Current
CL = Closed
CN = Conviction
Co = Completion
DOB = (Date of Birth)
E = Election
L = Life
O = Obsolete
P = Permanent
S = Supersede
T = Termination

CITATIONS
B & P = California Business & Professional Code
CAC = California Administrative Code
CCP = Code of Civil Procedure
CCR = Code of California Regulations
CEQA = California Environmental Quality Act
CFR = Code of Federal Regulations
EC = Elections Code
EL = California Elections Code
EVID = California Evidence Code
FMLA = Family & Medical Leave Act, 1993
GC = California Government Code
H&S = California Health and Safety Code
HUD = Housing and Urban Development
OSHA = Occupational Safety & Health Agency
PC = California Penal Code
POST = Police Officers Standards Training
UFC = Uniform Fire Code
USC = United States Code
WIC = Welfare & Institutions Code
89 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
28 Record Series Title Retention Citation Descriptor

GENERAL SUBJECT
Correspondence C + 2 GC 34090(d) If not attached to agreement or project file Biographies C + 2 GC 34090
Goals & Objectives C + 2 GC 34090 Departmental goals & objectives Policies & Procedures,
Departmental
S + 5 GC 34090(d) Retain while current
Reports C + 2 Gc 34090 Activity, periodic
Departmental Staff C + 2
C + 2
GC 34090 Special/or final summary, review or evaluation Non-agenda related, includes supporting documentation
Special Projects C + 2 GC 34090
Support Services C + 2 GC 34090 Reproduction; printing; postal/mailing services, other internal resources
Travel Records C + 2 GC 34090
GRANTS
Community Development Block
Grant and Urban Development
T + 4
(Generally)
GC 34090;
24 CFR
570.502(a)(7); 24
Applications, reports, contracts, supporting documents; *OMB Cir. A-102, A-110, A-128
90 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
29 Record Series Title Retention Citation Descriptor
CFR 85.42*; 2
CFR 200.334
Federal and State CL + 5 GC 34090;
2 CFR 200.334
Refer to grant application close-out procedure
Financial Records CL + 5 GC 34090;
2 CFR 200.334
Refer to grant application close-out procedure
Unsuccessful C + 2 GC 34090 Applications not entitled

FOWLER HOSPITAL

RECORDS
7 yrs. or 1 yr.
after minor
reaches age 18
HS 1250, 1253,
123110, 123145
Former hospital: Includes inpatient, emergency room,
outpatient surgery records, patient account information, x-rays, etc.

HUMAN RESOURCES
Benefit Plan T + 3 29 CFR 1627.3 May include dental, health, life and vision including Employee Assistance, COBRA
Benefit Plan Enrollment, Denied CL + 4 GC 34090;
OMB A-128
Bond, Personnel Fidelity T + 2 GC 34090 Employee Fidelity Bonds Cal OSHA logs C + 5 Cal OSHA standards
14300.33
Five years from end of calendar year
91 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
30 Record Series Title Retention Citation Descriptor
Classifications and Appointments P GC 34090; GC 12946;
29 CFR 516.6(2);
29 CFR 1602.4;
Includes supplemental personnel records
Employee Handbook S + 2 GC 34090 General employee information and policies including benefit plans
Employee Programs S + 5 GC 34090
Employee Records C + 3 GC 34090;
41 CFR 50- 201.501;
29 CFR 1627. 3;
GC 12946
Schedules, time-off requests, wage rate tables, wage and hour records, employment verifications
Employee Rights
General Employees and Safety
(Police)
Final
Disposition +5
GC 12946;
29 CFR 1602;
29 USC 211 (c)
May include arbitration, grievances, union requests,
sexual harassment and Civil Rights, complaints,
disciplinary actions
Hourly Employees T + 6 GC 12946; GC 34090 *29 CFR 1627.3, Labor Relations Section 1174 Immigrant 1-9 Forms * Immigration
Reform/Control Act
1986 Pub. L 99-603
*Retain for 3 years after date of hire or 1 year after the date of termination, whichever is later
Medical Leave CL + 30 FMLA 1993 US OSHA;
29 CFR 1910.1020*
May include family leave; certifications; tests
*29 CFR 1602.30; 29 CFR 1602.32
Motor Vehicle Plus DMV T + 7 GC 12946
92 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
31 Record Series Title Retention Citation Descriptor
Negotiations P 29 USC Sections
211(c), 203(m),
207(g)
Notes, notebooks, correspondence, contracts, and
memorandums of agreements

PERSONNEL FILES/RECORDS
Non-Safety Employees
Safety Employees
C + 3 Reference:
29 CFR 1627.3;
Labor Code 1174
29 CFR 1602.30;
29 CFR 1602.32;
GC 7920 et seq.;
29 CFR 1607.4;
GC 12946;
29 CFR 516.6 et seq;
45 CFR 106.8 (a);
GC 34090*
May include:

Release Authorizations; Certifications; compensation,
reassignments; outside employment; commendations;
evaluations; disciplinary actions; promotions;
appointments; terminations; fingerprints; identification cards (ID’s); contracts; employment applications;
driver’s license data; training, Oaths of Office and Public safety Pre-employment medicals
Recruitment CL + 3 Reference: GC 12946;
GC 7290 et seq.;
29 CFR 1602 et seq;
29 CFR 1607
Applications, resumes, alternate lists/logs, indices,
examination materials, examination answer sheets,
advertising, job bulletins, eligibility lists, electronic database
Reports C + 2 GC 34090 Employee statistics, benefit activity, liability loss Surveys and Studies S + 2 GC 12946*, 34090;
29 CFR 516.6(2);
29 CFR 1602.14
Includes classification, wage rates*
Four (4) year minimum form time created
93 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
32 Record Series Title Retention Citation Descriptor
Training Records
Non-Safety
C + 7 GC 7920 et seq.;
GC 34090
Volunteer program training, class training records,
internships
Personnel (by name) T + 10 GC 34090 Paperwork documenting officers internal and external training
Vehicle Mileage Reimbursement
Rates
S + 2 GC 34090 Annual mileage reimbursement rates

LEGAL/LEGISLATIVE/CITY CLERK
Agendas P GC 34090 Original agendas and special meeting notices, including certificates of posting, original summaries, original
communications and action agendas for Council, Boards
and Commissions, agenda requests
Agenda Reports
(Master, Subject Files)
C + 2 GC 34090(d) Documentation received, created and/or submitted to Council
Annexations P GC 34090
Appeals, Civil C + 3 CCP 583.320(a)(3);
GC 34090
Applications, Boards,
Commissions, Committees
CL + 2 GC 34090; GC 50115 Not selected
Applications, Boards,
Commissions, Committees
T + 5 GC 34090; GC 40801 Selected, including administrative documents 94 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
33 Record Series Title Retention Citation Descriptor
Articles of Incorporation P GC 34090(c-d)
Assessment District P GC 34090 Original documents
Case Log CL + 7 CCP 337.2; 343 From close of cases listed; chronological listing of cases Case Records – (High Profile) P GC 7927.200-
7927.205 GC 34090
Significant cases which have importance/or set legal
precedence. Including logs, complaints, police reports, court order, motion, notes, briefs
Case Records (Routine) Co + 7 42 USC 1983;
GC 34090;
GC 7920.200
Includes logs, complaints, police reports, court orders, motions, notes, briefs, closing statements (unless minors – 3 years after attaining 18)
Contracts and Agreements: Excl.

Capital Improvement
T + 4 CCP 337; 337.2; 343 Includes leases, equipment, professional services or supplies, RFP’s and Bids; 48 CFR 2; GC 53066
Incl. Capital Improvement P CCP 337.15;
GC 34090;
H&S 19850
Infrastructure, buildings, DDA’s, park improvements,
redevelopment, sewers, street and alley extension,
utilities, water.

Exception: Demotions, landscaping, street paving and
slurry seal – 7 years
Deeds P GC 34090 Recorder has disaster recovery copies

ELECTIONS
Ballots
Prop. 218 (Assessment District)
P California
Constitution Art. XIII
Property related fees (Assessment Ballot proceeding)
95 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
34 Record Series Title Retention Citation Descriptor
Calendar E + 2 GC 34090
Canvass P EC 15300 Notifications and publications of election; records used to compile final election results, including tally sheets, voting machine tabulation, detailed breakdown of results; special election results
Certificates of Election T + 4 GC 81009(f) Certificates of election; original reports and statements

FAIR POLITICAL PRACTICES
Campaign Disclosure Elected P GC 81009(b-g);
84615(i)
FPPC filings
Campaign Disclosure
Non-Elected
E + 5 GC 81009(b) FPPC filings
Campaign Disclosure
Unsuccessful (all other
committees)
E + 7 GC 81009(c) FPPC filings - originals
Candidate Statements P when elected
E + 5 if not
GC 81009 Sample ballot retained permanently
History P GC 34090 History of elections, sample ballots, certificates of destruction, other resolutions re: elections
Statement of Economic Interest
Non-Elected
E + 7 GC 81009(e) FPPC Filings
96 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
35 Record Series Title Retention Citation Descriptor
Maps, Precincts/Notary
Information
E + 2 GC 34090; EC 17501
Nomination Papers
Successful/Unsuccessful
T + 4 EC 17100 Proof of publication or posting, certification and listing of notice of posting; copy of newspaper notice and
certification of offices to be voted for at forthcoming election
Oaths of Office T + 6 GC 34090;
29 USC 1113
Elected Officials
Petitions E + 8 months EC 17200, 17400 From date of filing or election; Initiative, referendum, recall
Roster (of Voters) E + 5 EC 17300 Originals. From date of election; Initiative, referendum, recall, general municipal election. Copies - 6 mos.

Copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined
rosters and voter lists if applicable
Index, Attorney Cases L GC 7927.200 Including notations on activities related to case Lawsuits Settlement +5
years
GC 34090.6;
EC 1560
97 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
36 Record Series Title Retention Citation Descriptor
Legal Advertising C + 4 CCP 343, 349 et seq.;
GC 911.2; GC 34090
Includes public notices, legal publications
Legal Opinions P GC 34090 Confidential
Minutes P GC 34090(d);
GC 36814; GC 40801
Official minutes and hearing proceedings of governing
body or board, commission or committee including
Redevelopment Agency (RDA) and Public Financing
Authority (PFA)
Ordinances P GC 34090(d) Municipal code
Petitions from Citizens C + 2 GC 34090; GC 50115 Not related to an election Public Records Act Request C + 2 GC 34090
Public Hearing Notice C + 5 GC 34090
Prevailing Wage Scale S + 2 Non-record
Resolutions P GC 34090(d), 40801 Legislative actions – including RDA and PFA Redevelopment Plan P GC 34090
Tapes, Audio/Video C + 3 mos. GC 34090.7 When used for minute preparation and may have historical value
Inventory Records C + 2 GC 34090;
80 OPS Atty. Gen.106
Inventory of non-current or inactive records holding and location, indices. Tapes may be recycled
98 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
37 Record Series Title Retention Citation Descriptor
Municipal Code P GC 34090 Supplements included
Records Index P GC 34090
Records Management C + 2 GC 34090 Includes retrieval form, transfers - inactive Records Management
Destructions Authorization and
Certificate
P GC 340090 Documentation of final disposition of records Records Management Procedures
Manual
S + 5 GC 34090 May keep permanently for historical or administrative value
Records Retention Schedules S + 4 CCP 343

POLICIES/PROCEDURES
General Administrative S + 5 GC 34090; 40801 All city policies and procedures Policy, Council S + 2 GC 34090 Policies, directives rendered by Council not assigned a resolution or ordinance number
Proclamations C + 5 GC 34090

PUBLIC INFORMATION
99 Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
38 Record Series Title Retention Citation Descriptor
Brochures, Publications,
Newsletter, Bulletins
S + 2 GC 34090 Items with historical value may be kept permanently Calendar , City C + 2 GC 34090
Media Relations C + 2 GC 34090 Includes cable, newspaper, radio, message boards, presentations
Schedules, Class and Events CL + 2 GC 34090 Recreation Commission: Enrollment, liability releases, evaluations, attendance, flyers

RISK MANAGEMENT
Accident Reports – City Assets C + 7 29 CFR 1904.2; 29* Reports and related records *CFR 1904.6 Bonds, Insurance P CCP 337.2; 343 Bonds and insurance policies insuring city property and other assets
Claims, Damage CL + 5 GC 34090;
GC 25105.5
Paid/Denied
Claim Files CL + 6 PC 832.5 Claim copy, correspondence, photographs, supporting documents relative to incidents involving the Police
Department filed by citizens (see public safety schedule) Incident Reports CL + 7 29 CFR 1904.2;
29 CFR 1904.6
Theft, arson, vandalism, property damage or similar
occurrence (excluding fire/law enforcement)
100
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
39 Record Series Title Retention Citation Descriptor
Insurance, Joint Powers
Agreement
P GC 34090 Accreditation/MOU’s/Agreements
Insurance Certificates 10 yrs. after
canceled
GC 34090 Insurance certificates filed separately from contracts, i.e. by business licensees
Insurance, Liability/Property P GC 34090 May include liability, property, Certificates of Participation, deferred, use of facilities
Insurance, Workers’
Compensation
P GC 6410;
29 CFR 1910.20
Indemnity; PERS – working files, originals with
Administrator
Photographs, negatives, film C + 2 GC 34090
Risk Management Reports C + 5 OMB 1220-0029;
29 CFR 1904.4;
GC 34090
Federal OSHA Forms; Loss Analysis Report; Safety
Reports; Actuarial Studies
Workers’ Compensation The latter of 5
yrs. from date
of injury or last
payment of
compensation
CCR 14311; 15400.2;
CA Labor Code 110-
139.6; 8 CCR 15400.2
Claims files, logs, reports, incidents (working files), originals files with Administrator
Workers’ Compensation P CCR 14311; 15400.2;
CA Labor Code 110-
139.6
Claims with open future medical benefits; files, logs,
reports

SENIOR CENTER SERVICES
101
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ADMINISTRATION
40 Record Series Title Retention Citation Descriptor
Contracts C + 2 GC 34090 Copies of active and inactive contracts Correspondence C + 2 GC 34090 General correspondence
FMAAA Grant Agreements CL + 7 GC 34090 Fresno Madera Area Agency on the Aging – Agreement, reports
Receipts AU + 5 GC 34090 Donation receipts – used in quarterly reporting to other agencies
Project Files CO + 2 GC 34090 Current project information including memos, correspondence, supporting documents, relative to the
project
AUDIT
Annual Financial Report P GC 34090 Independent auditor analysis Bonds Co + 10 GC 34090; CCP 337.5 Final bond documentation, cancellation, redemption or maturity
Budget P CG 34090 Annual operating budget approved by Legislative Body Budget Operating (copies) S GC 34090 Departmental Reference Hearing or Review AU + 2 GC 34090 Documentation created and or received in connection with an audit hearing review
102
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RECORDS RETENTION SCHEDULE

ADMINISTRATION
41 Record Series Title Retention Citation Descriptor
Reports Au + 5 GC 34090; OMB A128Internal and/or external Reviews, Internal/External
Periodic
Au + 5 GC 34090;
GC 7920.000 et
Daily, weekly, monthly, quarterly or other summary,
review, evaluation, log, list, statistics, except a report Correspondence C +2 GC 34090(d) If not attached to the agreement or project file – retain according to practical and functional association

INFORMATION SERVICES
Internet, World Wide Web C +2 GC 34090 Management/Policies and supporting documentation Inventory, Information Systems C + 2 GC 34090 Hardware/Software Inventory logs; systems manuals Network Information Systems
(LAN/WAN)
C + 4 GC 34090;
CCP 337.2; CCP 343
Configuration maps and plans
Program files and directories C + 2
C + 2
mos.

C + 1
C + 5
GC 34090;
GC 34090.7
Annual backup, daily backup, monthly backup, weekly
backup
Tapes, Information Systems A + 2 GC 34090 System Generation 103
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
42 Record Series Title Retention Citation Descriptor

FINANCE
Accounts Receivable/Accounts
Payable
Au + 5 GC 34090 Invoices, check copies, supporting documents Applications CL + 2 GC 34090 Utility connections, disconnects, registers, service Assessment Districts Co + 10 GC 34090 Collection information; original files with municipal clerk - permanent
Bank Reconciliations Au + 5 GC 34090;
26 CFR 16001-1
Statements, summaries for receipts, disbursements and
reconciliation
Bilingual Records Au + 5 GC 34090 Customer name, service address, meter reading, usage, payment, cancellations, monthly billing activity, utility billing journal
Budget adjustment, journal
entries
Au + 2 GC 34090 Account transfers
Checks Au + 5 GC 34090; CCP 337 Includes payroll, canceled and voided checks Deposit, Receipts Au + 4 GC 34090; CCP 337 Checks, coins currency Invoices Au + 2 GC 34090 Copies sent for fees owed, billing, related documents 104
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CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
43 Record Series Title Retention Citation Descriptor
Ledger, General P GC 34090* *CCP 337
Taxes, Receivable Au + 3 CCP 338
Voucher Au + 4 GC 34090; CCP 337 Account postings with supporting documents Warrant Register Au + 4 GC 34090.7 Retain at least four years. After two years, destroy after audit or four years, whichever occurs first
OTHER
Uncollected small claims cases C +10 GC 34090
Collected small claims cases C + 2 GC 34090
DUI cases T + 2 GC 34090
DUI write-offs CL GC 34090

FIXED ASSETS
Inventory Au + 5 GC 34090; 26 CFR
301 6501(c)-1(f)
Reflects purchase date, cost, account number
Surplus Property
Auction Au + 5 GC 34090 Listing of property
Disposal Au + 5 GC 34090; CCP 337 Sealed bid sales of equipment 105
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RECORDS RETENTION SCHEDULE

ADMINISTRATION
44 Record Series Title Retention Citation Descriptor
Vehicle Ownership and Title L VC 9900 et seq. Title transfers when vehicle sold

LICENSE
Business license T + 4 GC 34090; CCP 337 Paid and reports, applications Dog license C + 5 GC 34090

PAYROLL
Adjustments Au + 5 GC 34090;
26 CFR 31.6001-1;
29 CFR 516.5, 516.6;
29 USC 436
Audit purposes
Employee Time Sheets Au + 6 GC 34090;
29 CFR 516.2*
Signed by employee for audit and FEMA Reports *20
CFR 516.6(1); IRS Reg. 31.6001-1(e)(z); R&T 19530;
LC 1174(d)
PERS Employee Reports T + 5 GC 34090;
CAC 22-1085-2;
29 USC 436
Record of deductions, etc. *26 CFR 31.6001-1; 29 CFR
516.5, 516.6, LC 1174(d)
Payroll Register P GC34090;
GC37207
Labor costs by employee & program
106
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RECORDS RETENTION SCHEDULE

ADMINISTRATION
45 Record Series Title Retention Citation Descriptor
Salary Records T + 3 GC 34090;
29 CFR 516.2
Deduction authorization, beneficiary designations,
unemployment claims, garnishments (2 years from
termination of claim, benefit plan, garnishment, etc.)

PURCHASING
Bids, RFQ’s, RFP’s
Successful
Unsuccessful
Au + 5
Au + 5
CI + 2
GC 34090;
CCP 337*
Requests for Qualifications; Requests for Proposals
regarding goods and services*
GC 25105; GC 34090
Purchase Orders Au + 5 GC 34090; CCP 337 Original documents Vendor Register S GC 34090 Alpha vendor listing of purchases orders, invoices, account nos. and check date

REPORTS
Audits P GC 34090
Deferred Compensation Au + 5 GC 34090;
26 CFR 1.6001-1*
Records of employee contributions and city payments
*29 CFR 1627.3(2)
Federal and State Tax Au + 5 GC 34090; 29 USC
436*
Forms 1096, 1099, W-4’s and W-2’s
*26 CFR 31.6001.1-4; IRS REG 31.6001-1(e)(2); R&T
19530; 29 CFR 516.5-516.6
Financial, Annual P GC 34090.7
107
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RECORDS RETENTION SCHEDULE

ADMINISTRATION
46 Record Series Title Retention Citation Descriptor
Investment Transactions P GC 34090; CCP 337;
GC 53607
Summary of transactions, inventory and earnings report
Labor Distribution Au + 5 GC 34090 Costs by employee and program Meter Readings Au + 5 GC 34090
State Controller P GC 34090 Controller may destroy after 5 years

TREASURER
Bank Statements AU + 2 GC 34090;
GC 43900, et seq.

Financing Authority, RDA, City
Treasurer’s Report P GC 34090, 40802
BONDS
Account Statements Co + 10 GC 34090; CCP 337.5 Monthly statement of transactions Administration Co + 10 GC 34090; CCP 337.5 Supporting documents Bonds and Coupons Co + 10 GC 34090; 53921 Paid/canceled/redeemed

PUBLIC FINANCING AUTHORITY
Administration P GC 34090 Supporting Documents
Financial Record P GC 34090, 40802,
53901
108
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CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
47 Record Series Title Retention Citation Descriptor
Management Reports C + 2 GC 34090

ADMINISTRATION
Bids and Proposals
(Unsuccessful)
CL + 2 GC 34090(d)
Bonds-development CL + 10 CCP 337.5 Housing; Industrial Development Security CL + 2 GC 34090 Documentation created and or received in connection with the performance of work/services for the City, or for parcel maps and subdivision work
Contractor C + 2 GC 34090(d) Current listing
Correspondence C + 2 GC 34090(d) If not attached to agreement or project file – retain according to practical and functional association
Development Conditions L GC 34090 Mitigation measures; filed with case files Development Agreements P CCP 337, 337.1(a),
337.15;
GC 34090;
48 CFR 4.703
Infrastructure contracts, franchises
109
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ADMINISTRATION
48 Record Series Title Retention Citation Descriptor
Development Standards S + 10 GC 34090(a) Landscape mediums, parkway landscape development, public works construction
Drawings, Project Plan Co GC 34090(d) Does not include those usually filed with case or project Franchises P GC 65864, 65869.5,
34090*
Including subdivision agreements, contracts for sale or purchase of property, cable, grant of easement and/or
involving construction of improvement *CCP 337.2, 343;
AC 16023
General Subject Files CL + 2 GC 34090(d) Internal working files including correspondence Grants, Community/Urban
Developments (Includes CDBG)
CL+ 4 24 CFR 570.502(b)(3)
241 CFR 85.42 &
OMB Cir. 110,
Attached C,*
Project files, contracts, proposals, statements, reports, sub-recipient dockets, environmental review, grant
documents, applications, inventory, consolidated plan,
etc. Includes section 108 loan guarantee
*OMB A-102 & 128, HUD regulations
Incident Files C + 2 GC 34090(d) Emergency call outs
Land Uses, nonconforming P GC 34090(a) Building or site usage which does not conform to current standards
Loans P GC 34090 Promissory notes, deeds of trust, detail information Logs P GC 34090 Logs, registers or similar records listing permits, certificates of occupancy issued; may include inspection, building activity, daily, plan check, utility
110
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
49 Record Series Title Retention Citation Descriptor
Maps and Plats P GC 34090(a) Engineering and field notes and profiles; cross-section of roads, streets, right-of-way, bridges; may include
annexations, parks, tracts, block, storm drains, water
easements, benchmarks, trees, grading, landfill, fire
hydrants, base maps, etc.

Master Plans P GC 34090 Facilities, services
Permits, Construction P GC 34090(a); H&S
19850; 4003; 4004
Plans, building, signs, grading, encroachment, including blueprints and specifications
Permits, Other CL + 2 GC 34090(d) Alterations, encroachments, excavations, road, street sidewalks and curb alterations, transportation, swimming pool drainage, temporary uses, etc.

Photographs P GC 34090(d) Aerial photographs
Projects, Not Completed or
Denied
P GC 34090(d) Building, engineering, planning
Plans, Annual S + 5 GC 34090 Special or long range program plan for municipalities – coordination of services; strategic planning
Project Files (Case Files) P GC 34090;
H&S 19850
Real property: new construction, storefront
improvements, rehabilitation projects. Note: any related original records, such as: blueprints, plans, reports,
evaluations, permits, variances, studies, appeals,
111
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
50 Record Series Title Retention Citation Descriptor
compliance certificates, lot line adjustments, etc. may be deemed permanent according to this schedule
Promotional Material C + 2 GC 34090 Includes statistics, mailing lists, industrial sites available Railroad Right-of-Way C + 3 36 CFR 64.16 Land acquisitions, correspondence, improvements, statutory records. Records are to be retained longer than three-year period if audit findings have been resolved
Redevelopment
Budgets
Bond Issues
P GC 34090 40802,
53901;
GC 43900 et seq.

Includes annual audit (originals with City Clerk)
Reports C + 5 GC 34090 Activity, periodic
Reports, Federal and State P GC 34090(a) Grants, Community/Urban Development includes CDBG Seismic Retrofit Program P GC 34090(a) Includes Certificates of Compliance Street Names and House
Numbers
P GC 34090(a) Street dedications, closings, address assignment/changes Studies, Special Project and
Areas
CL + 10 GC 34090(d) Engineering, joint powers, noise, transportation Surveys (Real Property) P GC 34090(a) Recording data and maps

BUILDING
112
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RECORDS RETENTION SCHEDULE

ADMINISTRATION
51 Record Series Title Retention Citation Descriptor
Blueprints, Specifications CL + 2 GC 34090(d) Submitted by contractors with application for permit never issued
Certificates L GC 34090(a) Compliance, elevation, occupancy which affect real property
Inspection CL + 2 GC 34090(d) Correspondence, fees, appeal requests, reports Building Plans – Blueprints P H&S 19850 Exception: Building plans for single dwellings not more than two stories and basement in height; garages; farm or ranch buildings; a one-story building where the span
between bearing walls does not exceed 25 feet except for steel frame or concrete buildings
Signs (Temporary) S + 2 GC 34090(d) Home occupations, off-premises signs

CODE ENFORCEMENT
Abandoned Vehicles CL + 2 GC 34090(d)
Case Files CL + 2 GC 34090(d) Building, housing and mobile home code violation records/logs including inspections; public nuisance
rubbish and weed abatement, vehicle abatement,
citations, massage parlor permits, general
Liens and Releases, Supporting
Recorded
CL + 2
P
GC 34090 Utilities, abatement, licenses
Logs C + 2 GC 34090(d) Lien Recovery, citations, complaints 113
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
52 Record Series Title Retention Citation Descriptor
Regulations S + 2 GC 34090(d) Includes rules
Reports, Federal and State P GC 34090(a) Code enforcement statistics; may contain records affecting title to real property or liens thereon
Weed Abatement C + 5 GC 34090 Reports, assessments, resolutions, documentation

ENGINEERING
Capital Improvement Projects CL + 10 GC 34090(a);
GC 4004;
H&S 19850;
CCP 337.18
Supporting documents including bidders list,
specifications, reports, plans, work orders, schedules, etc.

Construction Tracking, Daily CL + 10 CCP 337.15 Daily Tracking Drawings, Traffic Control Plan P GC 34090(a) Signs, signing and striping, road construction Flood Control CL + 2 GC 34090(d) Storm Drains
Special Districts P GC 34090(a) Supporting documents re: improvement, lighting, underground utility; bonds, taxes and construction
Street/Alley
(Abandonment/Vacation)
P GC 34090 Relinquishment of rights and fee title; original files with City Clerk
Traffic Signals CL + 5 GC 34090 Counts, collisions, accidents

ENVIRONMENTAL QUALITY
114
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RECORDS RETENTION SCHEDULE

ADMINISTRATION
53 Record Series Title Retention Citation Descriptor
Air Quality (AQMD) C + 7 GC 34090 + CEQA
Guidelines
Participants/voucher logs, Total Daily Mileage Survey
(TDM); various local authorities; Commute Alternative
Asbestos P GC 34090(a) Documents abatement projects, public buildings California Environmental Quality
Act (CEQA)
P GC 34090(a) + CEQA
Guidelines
Exemptions, Environmental Impact Report, Mitigation
monitoring, negative declaration, notices of completion and determination comments, statements of overriding
considerations
Environmental Review CL + 2 GC 34090(d) Correspondence, consultants, issues, conservation *Notes: Records may need longer retention if part of a
project
Pest Control C + 2 GC 34090(d) Pesticide applications, inspections and sampling, documents
Soil CL + 2 GC 34090(d) Analysis, construction recommendations Soil Reports P GC 34090(d) Final Reports

HOUSING
Bonds CL + 4 GC 34090(a); See
CCDA
Revenue Bond Documentation
Programs CL + 3 24 CFR
570.502(a)(7); 24
Includes comprehensive Housing Authority Strategy,
Meeting Credit Certificate, Housing bond advisory,
115
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
54 Record Series Title Retention Citation Descriptor
CFR 85.42 & OMB
Cir. A-110 #C
HOME, In-Lieu Housing Mitigation, Low/Moderate
Housing, Rental Housing Assistance
Redevelopment Budgets
Bond Issues
P
P
GC 34090, 40802,
53901;
GC 43900 et seq.

Includes annual audit (Permanent files with Municipal
Clerk)

MUNICIPAL FACILITIES
Capital Improvement,
Construction
P 2.083110;
GC 34090(a); 4004;
H&S 19850;
GC 34090(a)
Contains records re: Planning, design, construction,
conversion or modification of local government-owned
facilities, structures and systems
Facility Rentals/Use C + 2 GC 34090 Permits, contracts, diagrams, schedules, insurance binders
Maintenance/Operations C + 2 GC 34090(d) Service requests, invoices, supporting documentation; buildings, equipment, field engineering, public facilities including work orders and graffiti removal

PLANNING
Case files: Planning and Zoning P GC 34909(a); 4003;
4004; H&S 19850
Pertains to real property. May include blueprints,
drawings, maps, plans, reports, evaluations,
correspondence, uses, permits, variances, studies,
appeals, compliance certificates, lot line adjustments or 116
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
55 Record Series Title Retention Citation Descriptor
other planning-related matters brought before legislative body
Certificates L GC 34090 Retain during life of structure Flood Records C + 2 GC 34090
General Plan and Elements P GC 34090 Includes sphere of influence General Plan Amendments
Approved/Denied
P
P
GC 34090; GC 65103
Interpretations C + 2 GC 34090
Maps, Plans, Drawings, Exhibits,
Photos
P GC 34090; 34090.7;
H&S 19850
Zoning, tentative subdivision, parcel, land use map, aerial photos, specific plans

PROPERTY
Abandonment P GC 34090(a) Buildings, Condemnation, Demolition Annexation Case Files P GC 34090(a) Reports, agreements, public notices Appraisals CL + 2 GC 34090; GC
7927.200 et. seq
Exempt until final acquisition or contract agreement
obtained
Deeds and Promissory Notes P GC 34090(a) 24 CFR 84.53; 24 CFR 85.42; HUD Transmittal 1378 CHG 7-6
OMB Circ. SA-110
117
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
56 Record Series Title Retention Citation Descriptor
Maps, City Boundary P GC 34090(d) Recorded maps, surveys, monuments Lot Split Cases P GC 34090
Relocation Case files P GC 34090(a) Reports, agreements, public notices

PERMITS
Encroachment P GC 34090
Improvement C + 2 GC 34090 May include curbs, sidewalks, Applications for excavation, fill alterations
Oversized Load C + 2 GC 34090
Parking C + 2 GC 34090 Residential
Paving C + 2 GC 34090
Temporary Use C + 2 GC 34090 Includes special events
PLANS
Capital Improvement, projects P GC 34090
Policies and procedures S + 5 GC 34090 Includes rules, regulations, standards 118
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RECORDS RETENTION SCHEDULE

ADMINISTRATION
57 Record Series Title Retention Citation Descriptor
Naming and numbering P GC 34090
Speed Limits S + 2 GC 34090

PROGRAMS
Federal programs Co + 3 2 CFR 200.334
Traffic Safety C + 2 GC 34090 Pedestrian Safety, bicycle lanes Traffic Count C + 5 GC 34090 Evaluation of traffic volume Traffic Signals L GC 34090 Logs, drawings, wiring diagrams, codes, circuit numbers, installation records, testing and maintenance

ADMINISTRATION
Correspondence C + 2 GC 34090 If not attached to agreement or project file – retain according to practical functional association
Photographs C + 2* GC 34090 *Photographs may be kept indefinitely for historical value, retain according to practical and functional
association
Plans, Capital Improvement,
Projects
P GC 34090 Streets, curbs, gutters, sidewalks, storm drains Policies and Procedures S + 5 GC 34090 Includes rules, regulations, standards 119
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
58 Record Series Title Retention Citation Descriptor

PROGRAMS
Federal Programs CL + 3 2 CFR 200.334

ANIMAL CONTROL
Reclaimed animals C + 3 GC 34090 Animals reclaimed by owners Bites C + 3 GC 34090 Animal bites
License Files C + 3 GC 34090 Dog licenses issues
Nuisance animals C + 3 GC 34090 Reports of problems
PARKS
Grants See Administration Department Schedule
Inventory, Equipment AU + 2 GC 34090 Warranties, purchase orders Landscape C + 2 GC 34090 Drawings, contracts, complaints, specifications, photos, reports
Maintenance/Operations C + 5 GC 34090 Includes work orders, inspection, repairs, cleaning, reports, complaints
Maps P GC 34090 Irrigation, plot plans
Photographs P GC 34090
120
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CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
59 Record Series Title Retention Citation Descriptor
Plans, Proposed O + 2 GC 34090 Future plans, new sites, expansions – keep final plans as part of project file if approved, otherwise 2 years from date project is rejected

REPORTS
Accidents P
T + 5
GC 34090 Patrons using park facilities
Employees (kept in personnel file)
Studies C + 2 GC 34090 Future sites, expansions

SANITATION/SOLID WASTE/WASTEWATER
Collections/Landfill P GC 34090 Daily records, usage
Facilities C + 5 GC 34090 Correspondence
Maps, Septic Tank, Sewer lines P GC 34090 Location maps Rates P GC 34090
Recycling Programs S + 2 GC 34090
Regulations S + 2 GC 34090

REPORTS
Studies P GC 34090
Tonnage P GC 34090
121
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ADMINISTRATION
60 Record Series Title Retention Citation Descriptor

STREET/ALLEYS
Abandonment/Vocations P GC 34090
Closures P GC 34090
Easements, dedications,
Rights-of-Way
P GC 34090
Field Books C + 5 GC 34090
Grants (see Admin.)
Intersection Records C + 10 GC 34090 Includes correspondence, volume counts, accident history Landscaping C + 2 GC 34090 Plants, tree maintenance, work orders Lighting C + 2 GC 34090 Maintenance, work orders
Maintenance/Operations C + 5 GC 34090 Includes work orders, inspection, repairs, cleaning, reports, complaints, signals, striping
Maps P GC 34090 Fire hydrants, lighting districts, wheelchair ramps, storm drains, street sidewalks, sewers
Master Plans P GC 34090
Parking
Lots C + 2 Gc 34090
122
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CITY OF FOWLER

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ADMINISTRATION
61 Record Series Title Retention Citation Descriptor
Regulations S + 2 GC 34090
Reports/Studies S GC 34090
Traffic Count C + 5 GC 34090 Evaluation of traffic volume Vehicle Accident C + 7 GC 34090 (Not Police Department reports) Signage L + 2 GC 34090 Logbooks, index register cards, inventory lists, records of traffic signs
Traffic Signals L GC 34090 Logs, drawings, wiring diagrams, codes, circuit numbers, installation records, testing and maintenance
Weight Scales C + 2 GC 34090

UTILITIES
Facilities T + 2 GC 34090 If City owned
Underground P GC 34090 GC 4003, GC 4004, H&S 19850

VEHICLE MAINTENANCE
Inventory, vehicle ownership and
Title
L + 2 GC 34090 Owner’s manual, warranty documents, DMV title and registration, related documents
123
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CITY OF FOWLER

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ADMINISTRATION
62 Record Series Title Retention Citation Descriptor
Licenses, Permits L + 2 GC 34090 Vehicles: Forms, related documentation re: licenses and permits required by federal and state agencies
Maintenance/operations L + 2 GC 34090 Related to requests for service and work orders for fuel, vehicle and equipment maintenance and repairs
WATER
Customer Records C + 4
T + 2
GC 34090 Correspondence, complaints, service application forms Connection Records P GC 34090 Maps, water line connections

FLOOD CONTROL
Drainage Facilities P GC 34090 Includes dams, lakes, basins creeks Flood Zones P GC 34090 Includes flood maps
Insurance Programs S + 5 GC 34090 Includes copies of policies, rules, programs Policies/Procedures S + 5 GC 34090 Rules and Regulations Reports/Studies S + 5 GC 34090
Grants (see Admin.)
Inventory, Equipment S + 2 GC 34090
124
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ADMINISTRATION
63 Record Series Title Retention Citation Descriptor
Locations P GC 34090 Mains, valves, hydrants, wells
Maintenance and Operations C + 2 GC 34090 Includes work orders, inspection, repairs, cleaning, reports, complaints
Service C + 2 GC 34090 Includes work orders, entry cards, manholes, service to property owners
Well and Pumping C + 4 GC 34090 Times operational, power used and quantity Maps P GC 34090 Line location; easements
Master Plans C + 2 GC 34090 Copies (Original: Permanent) Meter Operations C + 2 GC 34090 Reader reports, orders, tests maintenance reports Policies and Procedures P GC 34090 Includes rules and regulations Rates S + 2 GC 34090
Reclamation P 40 CFR 122.41;
GC 34090
Daily operations including sewage flow, grit removal,
chlorine usage, lab analysis results, etc.

REPORTS
Conservation P GC 34090
Corrosion P 40 CFR 141.91 Compliance documentation
Discharge Monitoring P 40 CFR 122.41 Water well head discharge quantities 125
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
64 Record Series Title Retention Citation Descriptor
Drinking Water Corrections C + 10 40 CFR 141.33
Lead Service Line C + 12 40 CFR 141.91 Compliance documentations Public Education C + 12 40 CFR 141.91 Compliance documentation: Annual Consumer Confident Report
Quality Parameters C + 12 40 CFR 141.91 Compliance documentation Sanitary Surveys P 40 CFR 141.33 Statistics, reports, correspondence Source Water C + 12 40 CFR 141.91 Compliance documentation, e.g. lead and copper State Certification C + 12 40 CFR 141.91 Compliance documentation Variances, Water System C + 5 40 CFR 141.33
Well Level P GC 34090
Sources C + 2 GC 34090 May include wells, rivers, lakes, districts Surveyor Field Notes
Notes not part of a capital
improvement project
P GC 34090 Notes preparatory to maps of water installations Surveys, Water System Sanitary C + 10 40 CFR 141.33 Statistics, reports, correspondence Tests:
126
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ADMINISTRATION
65 Record Series Title Retention Citation Descriptor
Bacteriological Analysis P 40 CFR 141.33;
22 CA ADC 64470
Compliance records include locations, date, method and
results; corrections, analysis of bacterial content
Chemical Analysis C + 10 40 CFR 141.33 Compliance records include location, date, method used and results; corrections, analysis of chemical content
Quality P 40 CFR 141.91 Compliance documentation including sampling data, analysis, reports, surveys, documents, evaluation,
schedules, valves
Valve Main Records P GC 34090
Violations, Drinking Water C + 3 40 CFR 141.33 Retention applies to each violation

ADMINISTRATION
Books, Fire Code S + 3 GC 34090.7 Includes OPS manuals
General Subject CL + 2 GC 34090 Internal working files/correspondence General Orders P GC 34090
Inspections, Fire Prevention CL + 3 UFC 103.34 Alarm/Sprinkler systems, prevention efforts Investigations, Evidence Arson P PC 799 Support prosecution resulting in homicide Investigations, Evidence Arson P PC 800 Great bodily harm, inhabited structure or property Journals, Fire Station P GC 34090 Activities, personnel, engine company 127
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
66 Record Series Title Retention Citation Descriptor
Mutual Aid, Strategic Plans S + 5 GC 34090
Permits, Fireworks Stands C + 2 GC 34090
Policies and Procedures S + 5 GC 34090 Includes rules, regulations, standards

PERSONNEL
Exposure C + 30 29 CFR 1910.1020 Sampling results, collection methodology, background Exposure C + 30 29 CFR 1910.1020 Laboratory reports and worksheets Medical C + 30 2 CFR 1910.1020
Medical T + 2 29 CFR 1910.1020* Employees less than one year *GC 34090
Training T + 10 GC 34090 Certifications/designations

PROPERTY
Apparatus/Vehicle C + 2 GC 34090 Repair and Maintenance *8 CAL Code Reg. 3203(b)(1)
Inventory, Equipment and
Supplies
C + 2 GC 34090
Logs, Fire Equipment/Gear C + 2 GC 34090

REPORTS
128
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CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
67 Record Series Title Retention Citation Descriptor
Incident CL + 5 GC 34090; CCP 338 Dispatch and daily logs Field, Non-fire and Logs C + 5 GC 34090
Fire, Non-arson and Logs C + 5
Investigations, Evidence Arson CL + 20 PC 801; UFC 104.32 Structure

HAZARDOUS MATERIALS
Hazardous Waste Disposal C + 10 Cal OSHA;
40 CFR 122.21
Documentation re: handling and disposal of hazardous
waste
Permits, Hazardous Materials
Storage
P GC 34090 Most agencies consistently recommend permanent retention of environmentally sensitive materials
Programs, Household Hazardous
Waste
S + 2 GC 34090
Training Materials S + 5 GC 34090
Underground Storage Tank P GC 34090(a) Documents re: storage Compliance Maintenance and
Operation
C + 2 GC 34090 Location, installation, removal, remediation

ADMINISTRATION
Alarm Records C + 2 GC 34090
129
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
68 Record Series Title Retention Citation Descriptor
Auction receipts and records CL + 5 GC 34090
Citizen Complaints Final
Disposition + 5
years
GC 34090; GC 12946;
PC 832.5
Statute of Limitations for personal property, fraud, etc. is 3 years; wrongful death during construction is 5 years; Statute of Limitations for public official misconduct is discovery of offense + 4 years; claims must be filed in 6 months; State and Federal laws indicate until final
disposition of formal complaint; State requires 2 years after action; CCP §§ 338 et seq., 340 et seq., 342; EVC § 1045, GC §§ 945.6, 12946, 26202; PC §§ 801.5, 803(c),
VC § 2547
Claim Files CL + 6 PC 832.5 Claim copy, correspondence, photographs, supporting documents relative to incidents involving the Police
Department files by citizens (see Administration
schedule)
Correspondence C + 2 GC 34090 If not attached to agreement or project file – retain according to practical functional association
Department Policy and Procedure
Manual
S + 5 GC 34090 May retain longer for historical value
Equipment Communication T GC 34090 Retained until termination of equipment use; manuals, instructions, procedures
Inventory S + 2 GC 34090 Listing of equipment assigned to division, to whom it is assigned
130
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
69 Record Series Title Retention Citation Descriptor
Equipment Manuals, Warranties
and Service Records
T GC 34090 Retained until termination of equipment use
General Orders P GC 34090

PERSONNEL/RECRUITMENT FILES
Investigations, Backgrounds CL + 2 GC 34090 Non hired
Investigations, Background –
Hired
T + 10 GC 34090 Include original reports re PC 832.5 investigations Recruitment Files C + 2 GC 12946 Background information – applicants Schedules – Daily C + 2 GC 34090 Schedules of officers on duty Watch Assignment/Timekeeping
Records
C +2 GC 34090
Training Files T + 10 GC 34090 Paperwork documenting officers’ internal and external training
Survey Responses Files C + 2 GC 34090 Surveys responses, correspondence with other agencies requesting statistical data
Volunteer Files C + 3 GC 34090 Applications, pictures and phone numbers of volunteers

INVESTIGATIONS
131
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
70 Record Series Title Retention Citation Descriptor
Administrative/Internal T + 5 PC 832.5; EVID
1045; GC 12946; PC
801.5; 803(c)
Initiated by citizens complaints or internally initiated; includes complaint, reports, findings – five years from termination of related officer(s)
Asset Forfeiture
Investigations/Proceedings Case
File
C + 5 GC 34090
Notifications C + 2 GC 34090 To legal property owner prior to case filing that property is subject to asset forfeiture proceedings. If case is filed, notification becomes part of forfeiture case file.

Case Books, Investigative CL + 2 GC 34090 Retained until a case is suspended/closed Case Files, Homicide,
Investigator’s File
P PC 799
Narcotics (No Arrest, Narcotics
Cases)
C + 2 GC 34090 Retained until no longer useful for investigative purposes Officer Involved Shootings C + 25 GC 34090
Correspondence C + 2 GC 34090 Incoming/outgoing
Evidence, Disposition Forms Attach to duplicate property report Fingerprints
132
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CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
71 Record Series Title Retention Citation Descriptor
Applicants Files T + 2 GC 34090 Paperwork authorizing fingerprinting and background checks for city employment applicants
Records Latents Approp. PC Section 1) Retain for applicable case statute of limitation; 2) or until evidence in case is destroyed; hard copy and
digitized
Suspect, Adult/Juvenile C Law Enforcement
Management Guide
by POST
Adults/juveniles suspected of a crime, taken for
comparison Destroy after original purpose achieved
Guns, Dealers Record of Sale C + 6 PC 12070 Applicants, Monthly Gun Audits, Applications Denied, Stolen (DOJ File)
Narcotics:

Allegation Files GC 34090 Retained until no longer useful for investigative purposes Confidential Informant Files T + 10 GC 34090 Legal notifications, identification information, payment information, activities information
Photographs See Descrip. GC 34090 Crime scene, registrant/applicant, photo file, accident.

Retain according to practical and functional association.

Registration Files, Arson, Sex
and Narcotics
P GC 34090 Fingerprint card, photo and criminal history. Information also forwarded to DOJ

POLICE SERVICES
133
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
72 Record Series Title Retention Citation Descriptor
Administrative Citations C + 4 GC 34090; CCP 337 Written for such violations as: barking dogs, loud parties, unsightly storage of vehicles, etc.

Arrest/Conviction
H&S Section 11357(b), (c), (d),
(e) or H&S Section 11360(b)
violations (occurring AFTER
January 1, 1996)
C + 2
(Mandatory
destruction
from date of
conviction or
date of arrest
with no
conviction)
H&S 11361.5 Applicable to convictions occurring after January 1, 1996, or arrests not followed by a conviction occurring after January 1, 1996; Exception: H&S 11357(e), the
record shall be retained until a juvenile offender attains the age of 18 years, then destroyed pursuant to 11361.5 Arrest/Conviction
H&S Section 11357(b), (c), (d),
(e) or H&S Section 11360(b)
violations (occurring BEFORE
January 1, 1996)
Mandatory
destruction
(upon notice
from DOJ)
H&S 11361.5(c) Applicable to convictions occurring prior to January 1, 1996, or arrests not followed by a conviction occurring prior to January 1, 1996, for violations of H&S Code
11357, 11364, 11365 and 11550
Citations for misdemeanors or
felony arrests
C + 20 GC 34090
California Law Enforcement
Teletype System (CLETS)
Validations
C + 10 GC 34090 Monthly verification of CLETS entries on missing persons, stolen vehicles, boats and weapons
CLETS Audits C + 5 GC 34090 Conducted every two years on entries into State system of missing persons, stolen vehicles, boats and weapons
CRIME
134
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
73 Record Series Title Retention Citation Descriptor
Supplemental, Felony, Capital
Crimes, Crimes Punishable by
Death, Life Imprisonment
P PC 799 No statutory limitation for prosecution. Includes murder, kidnapping for ransom, treason, procuring execution by
perjury, train wrecking, assault with a deadly weapon by a life-term prisoner, bombing resulting in death or bodily injury, making defective war materials that cause death Crime Reports C + 20 GC 34090 Any police report written, including felonies, misdemeanors, misc. investigations, missing person, HS
registrants, PC 290 registrants, etc.

Statistical (Crime Analysis) C + 2 GC 34090 Internally generated information using activity logs, citizen calls, current and past crime statistic reports, finance dept expenditure and budget records; citations, crime reports, accident reports, permits, receipts. Reports created for variety of purposes including
increases/decreases in criminal activity; officer workload, deployment, time usage
Statistical (UCR), Uniform Crime
Reports Mandatory to DOJ
(LEIC); FBI Include Return
A/Supplement; Supplementary
Homicide Report; Law
Enforcement Officers Killed or
Assaulted; Monthly Return of
Arson Offenses Known to Law
Enforcement; Number of Violent
Crimes Committed Against
Senior Citizens; Monthly Report
C + 2 GC 34090 Originals sent to FBI, DOJ
135
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
74 Record Series Title Retention Citation Descriptor
of Domestic Violence Related
Calls for Assistance; Monthly
Arrest and Citation Register;
Monthly Hate Crimes Incidents;
Death In Custody Reporting.

Destruction Guns P GC 34090
Narcotics P GC 34090
Dispatch Cards C + 5 GC 34090
Disposition of Arrest/Court
Action
Retention determined by action taken; i.e., recordable
arrest or detention (released no arrest)
Juvenile Arrests C + 20* GC 34090 *Unless ordered sealed by the Court Licenses
Bicycle C +2 GC 34090
Bingo S + 5 GC 34090 Operation of bingo games
Dance Hall Permits S + 5 GC 34090
Card Room S + 5 GC 34090
LOGS
136
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
75 Record Series Title Retention Citation Descriptor
Case Assignment C + 2 GC 34090
Daily Activity C + 2 GC 34090
Officer C + 2 GC 34090 Daily activity of incidents not reported by use of official report
Investigative (Pre-Arrest) C + 10 GC 34090 Retained until cases are suspended and closed Juvenile Detention C + 2 GC 34090 Logs document juvenile processing per California Youth Authority
Property Control C + 2 GC 34090 Logs items coming into and going out of property room Rap Sheet C + 2 GC 34090 Requests for criminal history
Subpoena C + 2 GC 34090 Subpoenas received/served daily Towed/Stored Vehicles C + 9 GC 34090
Jail Log C + 20 Names of arrestees, officer, date, time, charges, disposition
Daily Attendance Schedules C + 2 GC 34090
Daily CLETS Inquiry Audit Trail
Log
C + 5 GC 34090
137
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
76 Record Series Title Retention Citation Descriptor
Research Project Files CL + 2 GC 34090 May include request forms, background materials, staff reports, final project reports and supporting data

SEALED RECORDS
Adult Found Factually Innocent Mandatory
Destruction
upon and
pursuant to
Court Order
PC 851.8 General provision: Upon petition, records of agency must be sealed and destroyed in accordance with the
provisions set by court record; exceptions
Juvenile Mandatory
Destruction
upon and
pursuant to
Court Order
WIC 826(a) and (b)
WIC 781(a)
Upon petition, local laws enforcement records within
WIC 826(b) may be destroyed as ordered by the court, if related probation and juvenile court records have been
destroyed by the probation officer. Records involving
arrests, detention and/or petitioning juvenile before
juvenile court
Subpoenas (Duplicate) C + 2 GC 34090
Tapes
Audio, Telephone, and Radio
Communications
C + 180 days GC 34090.6 Exception: Recordings used as evidence in a criminal prosecution or claim filed or litigation or potential claims and litigation shall be preserved for 100 days after
conclusion of the court action
Traffic Citations with a Case
Number
C + 20 GC 34090 Retained with crime report
138
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
77 Record Series Title Retention Citation Descriptor
Traffic Citations without a Case
Number
C + 2 GC 34090 Held for two years then destroyed
Use of Force – Supervisory
Review Files
C + 2 GC 34090 Includes review forms, arrest report copies, logs PATROL
Citations 11357(e), Juvenile C + 2 H&S 11361.5
Arrest/Conviction 11357(b)
H&S, 11357(c) H&S, 11360(b)
H&S Violations
Mandatory
destruction
from date of
conviction or
date of arrest
with no
conviction
H&S 11361.5* Applicable to convictions occurring after January 1, 1996 or arrests not followed by a conviction occurring after January 1, 1996; Exception: H&S 11357(e), the record
shall be retained until a juvenile offender attains the age of 18 years, then destroyed pursuant to 11361.5
Cite and Release C + 2 GC 34090
California Vehicle Code
Infractions (Duplicates)
C + 90 days GC 34090 Original is forwarded to court
Parking/Traffic, Duplicates C + 2 GC 34090. Originals are forwarded to court after agency processing; includes citations electronically created
Transmittals C + 2 GC 34090 Listing of citations forwarded to court, filed for reference 139
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
78 Record Series Title Retention Citation Descriptor
Equipment – Radio Logs
(Communication)
C + 2 GC 34090 Documents problems, malfunctions, resolution to provide equipment performance history
Field Interview CL + 2 GC 34090
Patrol Requests
(Correspondence)
C + 2 GC 34090 From citizens for patrol presence
Radar Calibration Records T + 2 GC 34090 Documentation of radar instruments retained during use/ownership
Reports – Accident CL + 20 GC 34090
Traffic Collision Fatalities P GC 34090
Vehicle – Assignment Reports S GC 34090 Record of assignments Vests, Bulletproof Letters C + 2 GC 34090 Authorization to purchase Warrants Parking Recall after 1
year
GC 34090 Recommended by the California Law Enforcement
Warrant Officer’s Association
Traffic Recall after 5
years
GC 34090 Recommended by the California Law Enforcement
Warrant Officer’s Association
Weapons, Database P GC 34090 Departmentally owned by the California Law Enforcement Warrant Officer’s Association

OTHER SERVICES
140
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
79 Record Series Title Retention Citation Descriptor
Parades and Special Events File CL + 2 GC 34090 Reports, memos, correspondence, scripts, supplier information, assignments, deployments, supporting
documentation
Permits – Alcoholic Beverage,
Control License
L + 2 GC 34090 Approval process
Concealed Weapons CL + 2 GC 34090
Photographs – Personnel S + 2 GC 34090
Negative Log C +2 GC 34090
Negatives, Misc. C + 2 GC 34090 Not case-related (public relations, promotions, events, ceremonies, staff photos)
Press Releases C + 2 GC 34090
Property Files C + 2 GC 34090 Original reports and supplemental documentation (lost, found, safekeeping)
Reports – Dealer of Gun Sales,
Duplicate
C + 6 mos. GC 34090.7; PC
26900; 28100; 18160
Original maintained by DOJ. Dealer required to file
duplicate with agency
Restraining Orders, Emergency
Protective Orders, Temporary
Restraining Orders, Legal
Stipulations, Orders After
Hearing
C
See descriptor
Destroy after law enforcement actions described in PC
273.5, 273.6, 646.9, 12028.5, 13700 and Family Code
Sections 6380-6383 are fulfilled, and effective date of restraining order has expired.
141
Section 8, Item 8I

CITY OF FOWLER

RECORDS RETENTION SCHEDULE

ADMINISTRATION
80 Record Series Title Retention Citation Descriptor
Lesson Plans, Range CL + 15 GC 34090 Scope, content, time period of courses Schedules, Range C + 2 GC 34090 Daily, weekly, monthly schedules of training events at range
Note 1: The destruction of felony, misdemeanor and infraction Crime/Supplemental Reports is permitted providing:

1. They do not relate to an unadjudicated arrest except for H&S §§ 11357 or 11360 violations;

2. They do not relate to unserved warrants;

3. They do not involve identifiable items which have not been recovered;

4. They do not relate to PC §§ 290, 457.1, or H&S § 11590 registrants;

5. They do not relate to violations listed in PC §§ 799 and 800;

6. The cases are not presently involved in either a civil or criminal litigation. 142
Section 8, Item 8I
81 EMAIL – RETENTION POLICY
Routine e-mail messages are considered transitory and not intended to be retained as public records in the ordinary course of City business. Pursuant to Government Code section 7927.500, preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the City in the ordinary course of business are exempt from disclosure as public records, provided that the public interest in withholding those records outweighs the public interest in disclosure. These e-mail messages that are not intended to be retained, and which serve no useful purpose to the City, should be deleted from the system as soon as practicable, preferably within thirty (30) days after receipt.

Because the e-mail system is not designed for long term storage, certain e-mail messages that are classified as an official record and intended to be retained as such, should either be preserved in appropriate electronic form or printed out in paper form and stored in an appropriate subject file.

Such e-mail messages designated as official records will be retained for a minimum of two (2) years, or as otherwise designated in the City’s Records Retention Schedule, and may be disclosable public records unless exempt from disclosure under other applicable provisions of the Public Records Act (e.g., personnel files, attorney-client communications, etc.) 143
Section 8, Item 8I
82 SECTION XI

RECORDS MANAGEMENT FORMS
- Records Management Inventory – Appraisal Worksheet
- Records Transfer List
- Records Center Retrieval Request Form
- Records Destruction Authorization and Certificate
144
Section 8, Item 8I
83 RECORDS MANAGEMENT INVENTORY APPRAISAL WORKSHEET
Department/Division:

Inventoried by: Date:

Record Series Title:

Description of Record Series:

Range/Date of Records:

Original ☐ Copy ☐ List locations of duplicates:

Active ☐ Inactive ☐
Check value of record series and indicate if vital record:

Historical ☐ Legal ☐ Fiscal ☐ Administrative ☐ Vital ☐ Confidential ☐ Department Recommendation Retention:

Contact Person: Telephone Number:

Comments/Notes:

Department Manager
______________________________________________________________ Name
______________________________________________________________ Signature
145
Section 8, Item 8I
84 Box No. DESCRIPTION OF RECORDS SERIES YEARS

COVERED

DESTRUCTION DATE
(IF APPLICABLE)

FORWARDED BY (SIGNATURE) (TYPED/PRINTED NAME) DATE FORWARDED TO

CITY CLERK

DEPARTMENTAL RECORDS MANAGEMENT COORDINATOR (SIGNATURE) DATE APPROVED

RECORDS RECEIVED BY (SIGNATURE) (TITLE) DATE RECEIVED

DEPARTMENT PAGE OF PAGES
RECORDS TRANSFER LIST COMMENTS:

TO RECORDS CENTER
146
Section 8, Item 8I
85 CITY RECORDS CENTER RETRIEVAL REQUEST
DEPARTMENT BOX NO.

REQUESTED BY
COMMENTS:

RECORD TITLE:

FOR RECORD CENTER USE ONLY
☐ NOT IN FILE ☐ WRONG LOCATION

OUT TO INITIALS
CHECK OUT DATE RETURN DATE RETURNED TO RECORDS CENTER (Signature) 147
Section 8, Item 8I
86 RECORDS DESTRUCTION AUTHORIZATION AND CERTIFICATE

DEPARTMENT COMMENTS

DEPARTMENT HEAD DATE
The records listed below are now eligible for destruction according to the approved retention schedule. Please indicate your approval for the destruction unless there are reasons to delay. Your signature below attests that there are no unresolved (1) audit questions; (2) investigations; (3) civil suits or criminal prosecutions; or (4) other reasons for holding up the destruction. If the destruction is to be delayed, please give the reason in the space indicated and provide a revised destruction date.

Schedule Item No. Series Title, Inclusive Dates & Total Volume Scheduled Destruction Date Revised Destruction Date Reason for Continued Retention:

Department Head Approval (Signature) Date
City Attorney Consent (Signature) Date
City Clerk or Designee (Signature) Date

CERTIFICATION OF DESTRUCTION
This is to certify that the records listed above have been destroyed on the date shown below City Clerk (Signature) Date
Method of Destruction:
148
Section 8, Item 8I
87 SECTION XII

GLOSSARY
149
Section 8, Item 8I
88 RECORDS MANAGEMENT GLOSSARY
Active Record: A record that is regularly referenced in daily operations or required for current use.

Acronym: An accepted abbreviation recognized for what it represents (NBC – National Broadcasting Company, NBA – National Basketball Association) Administrative Value: The value placed on a record because of its role in helping an organization perform either current, short or long-term duties; explains operational procedures or departmental functions.

Analysis: Review of records inventoried, with consideration for applicable federal, state and local regulations regarding retention requirements.

Appraisal: Assessment of the value of records to an organization, used to determine need for retention.

Arabic/number/numerical: 1, 2, 3, etc.

Archives: A facility that houses records retained for historical or research value after their primary purpose has been fulfilled.

ARMA: Association of Records Managers and Administrators.

Backfile Conversion: The process of scanning and storing paper based files, or converting microfilmed images to digital images.

Barcode: A system of encoding data in machine-readable lines of variable width and configuration.

Centralized Records Storage: Storage system in which records for an entire business or agency are gathered and stored in one location within the company (see decentralized….) Classification System: The method of filing and indexing records (alphabetic, numeric, subject; or geographical).

Compression: The technique to reduce the number of bits representing an image of a page, “shrinking” the data and minimizing storage needs (see decompression).

Cross-reference: Annotation that directs the file users to another file where the record or information may be found.

Decentralized Records Storage: The storage system in which records are stored within their respective departments in a company or agency (see centralized….) 150
Section 8, Item 8I
89 Decompression: Reconstruction of a compressed image for display or printing.

De-skewing: (1) the adjustment made to an image to compensate for physical distortions inherent in the system; (2) the adjustment made to an image to compensate for justification errors in scanning.

Destruction List: List of records scheduled for destruction and attached to the Record Destruction Authorization and Certificate.

Destruction “Ready” Date: The beginning of the next calendar year following the full life of a particular record according to the approved retention schedule.

Discovery: The legal process, generally conducted near the beginning of litigation, which enables parties to the litigation to obtain relevant records and information from each other.

Disposition of Records: The allocation of public records to a particular location according to the categorization. The allocations include: transfer to a records center for storage, transfer to an archival agency, donation to an eligible repository, reproduction of microfilm or optical disk, or destruction.

Draft Document: A preliminary version of a document still in the revision stage; once a final document has been adopted, the various versions of draft can readily be discarded unless they document rationale for city policy, etc. In that case maintain only those portions which specifically deal with policy setting.

Duplicate Record: Copies or reproductions of original records, whether or not the same physical form as the original, which are retained for personal reference or for operational requirements. (Note: a copy is considered an “original” if the original cannot be located, or is sent to another agency, such as in correspondence.)
Extra Copy: Multiple or additional copies of any official record.

Filing Segment: The entire filing title (name, subject, or number) that is used for filing purposes.

Fiscal Value: Value placed on records that provide documentation of an agency’s financial condition, obligations, assets, monetary rights.

Full-Text Search: The ability to search the text content of document images.

Historical Value: Value of any record which, although valuable, would not normally constitute a threat to the health of the business if they were lost (see vital record); records that provide the memory of a business or agency.

ICR (Intelligent Character Recognition): The ability to recognize controlled handwriting, handprinted letters or numbers, usually within the confines of a box or series of boxes for individual characters.
151
Section 8, Item 8I
90 Image: (1) the digital representation of one side of a document; (2) to form a digital representation of a document (3) a microform (analog) image of a document, which can be microfiche, roll, cartridge or aperture card format.

Imaging: Any process or system where City records are photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data-processing system, recorded on optical disk (WORM, CD or DVD), reproduced on film or any other medium. To be legally acceptable as an original, images must be stored in a trusted system that does not permit additions, deletions, or changes to the original document and policies and procedures must be developed and administered to ensure the integrity of the document.

Image Header: A packet of information that correlates an image to document information stored that allows for later retrieval of the image.

Inactive Records: Records which are accessed infrequently, but may continue to have administrative, operational, legal, fiscal, or historical value in carrying out City business. Inactive records may be stored off-site, and shall be destroyed in accordance with the City Records Retention Schedule. Records not accessed at least monthly or ten times annually are frequently considered inactive.

Indexing: A method in which a series of attributes are used to define a document so that it may later be identified and retrieved in any media. The City Clerk is legally required to maintain an index to City Council actions.

Inventory: A preliminary step in examining an organization’s records to determine the type and quantity of records presently stored, the storage equipment used, categorize by records media, and identify those with vital, historical, financial, or legal value; a detailed review of the quantity, type, function and organization of records.

Jukebox: An automatic selection and retrieval device that provides rapid, on-line access to multiple optical disks.

Legal Value: The value attached to a record that contains evidence of legal rights and obligations; which document ownership, agreements, and transactions.

List of Records: For destruction purposes, see destruction list.

Major Purge: Following adoption of a records retention schedule, or its update, there is usually a major undertaking to implement the retention schedule and destroy/discard all records approved for such action at that time.

Media: The material or substance on which information is recorded such as paper, microfilm, magnetic disk or tape, or optical disk, etc.
152
Section 8, Item 8I
91 Micrographics: The process of making miniature copies of records on film; microfilms include roll film, microfiche, aperture cards and jackets.

Nonessential Record: One that is not essential to business operations and should be destroyed once its purpose is fulfilled.

Non-Record: A document not required to be retained; may include published books and pamphlets generated outside the city which have no significant ongoing value to the city; temporary or transitory records such as worksheets used to collect or compile data after that data has been included in a record, or a stenographers notebooks after the information contained therein has been transcribed and approved; newsletters, magazines, newspapers (except those excerpts used as evidence of publication); feeder reports and similar working papers accumulated in preparation of a communication, indexes, phone logs, listings, copy of a record maintained in addition to the record copy; a document made for convenience only; also refers to library or reference materials.

OCR (Optical Character Recognition): The ability to recognize letters, numerals, and other characters converting those characters to ASCII format for data storage.

Optical Disk: Platter-shaped storage medium coated with optical (laser) recording material; holds large amounts of data, and can be archival (WORM, CD-ROM) or re-writable (phase-change or magneto-optical).

Optical Imaging System: A records storage system that consists of a disk, a scanner, printer, a high resolution video display terminal, and a microcomputer.

Permanent Record: Original records required to be maintained permanently according to law.

Permanent Records may include, but are not limited to, records affecting the title of real property or liens thereon; the minutes, resolutions, or ordinances of the City Council or of its Boards and Commissions.

Pre-Fetching: The process of building a queue of images for subsequent processing.

Public Record: Any writing containing information relating to the conduct of the City’s business this is prepared, owned, used or retained by the City regardless of physical form or characteristics that is accessible to the public (Govt. Code Section 7920.530.) Ready Date (for destruction): See “destruction ready date.” Record: Recorded information, made or received for legal or operational purposes, that is useful in the operation of (or verifies decisions/actions taken by) an organization; may include books, papers, photographs, maps, floppy disks, microfilm, electronic mail, etc.

Record Media: The material or substance on which information is recorded such as paper, microfilm, magnetic disk (floppy) or tape, optical disk, etc. 153
Section 8, Item 8I
92 Record Series: A group of similar records, treated in a similar fashion (minutes, contracts, deeds, accounts payable).

Record Value: Refers to type of value a particular record has; it may be administrative value, historical value, legal value; financial/fiscal value.

Records Center: A storage area for those city records which may be, in accordance with the law, maintained off site. The City of Fowler has designated the old City Hall at 126 S. 6th Street as the Records Center.

Records Exempt from Public Disclosure: Pursuant to Government Code section 7930.100 through 7930.215, may include, but are not limited to the following:
 Records and files of the City Attorney or Special Counsel, and confidential communications from the City Attorney or Special Counsel;  Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the City in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure;  Records pertaining to pending litigation or claims filed against the City, until the pending litigation or claim has been finally adjudicated or otherwise settled;  Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
 Certain records of complaints to, or investigatory or security files compiled by the City for correctional, law enforcement or licensing purposes (with exceptions);  The contents of real estate appraisals or engineering or feasibility estimates and evaluations relative to the acquisition of property, or bids for public supply or construction contracts, until all of the property has been acquired or all of the contract agreement has been obtained examination data for licensing, employment or academic exams;  Certain information required from any taxpayer in connection with the collection of local taxes; and
 Records of which disclosure is prohibited by federal or state law, including, but not limited to, provisions of the Evidence Code relating to privileges.

Records Inventory: A preliminary step in examining an organization’s records to determine the type and quantity of records presently stored, the storage equipment used, categorize by records media, and identify those with vital, historical, financial or legal value; a detailed review of the quantity, type, function, and organization of records.

Records Management: The systematic control (control of increased volume + control of increased costs) of records from creation (or receipt) through their processing distribution, organization, storage and retrieval to their ultimate disposition (archival or destruction); the science of controlling the quantity, quality and cost of records while meeting federal, state and local requirements.

Records Management Program: A system for the efficient creation, utilization, maintenance, retention, preservation and disposition of City records. 154
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93 Records Management Staff: The City Clerk, Department Head/Records Coordinator and/or designee.

Records Retention Schedule: A schedule identifying the records maintained by each City department by class or “series”, and specifying, in accordance with statutory and administrative requirements, the period of time records must be retained before they may be destroyed.

Records Storage Center: Storage facilities to house inactive records; may include archival storage.

Redaction: The erasure or removal of data, usually in releasing a public record that contains nonpublic or exempt information.

Reference Material: Library books, manuals, used for reference purposes, considered a nonrecord which need to be kept current.

Resolution: Applied to document scanning; the specific pattern and number of picture elements displayed by a graphics monitor, indicative of potential for detail in scanned images.

Retention Period: A retention period is calculated from the date the record was created. The total retention is the period of time records are to be retained prior to their destruction.

Retention Schedule: The document describing the records maintained by the City and specifying, in accordance with statutory requirements or evaluation, the period of time which must elapse before they may be destroyed.

Seamier: A device that converts an original document to an electronic image.

Segment (filing): The entire file name (name, subject, or number) that is used for filing purposes.

Skewing: An image condition resulting from physical distortion inherent to a monitor or from justification errors in document scanning (see de-skewing).

Transitory Records: Records having only transitory value. These include original and informational copies of documents that do not contain procedural or policy matter applicable to the receiving office that do not require action by the receiving office, that involve a routine transaction, or that do not contain information of continuing reference value.

Uniform Filing System: A standard classification/filing system used throughout an organization using consistent standardized vocabulary where applicable.

Unit (filing): See filing unit.

Value of a Record: Refers to type of value a particular record has; may be administrative value, vital value, historical value; legal value; financial or fiscal value. 155
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94 Vital Record: Record containing information essential for the City to resume operation after a disaster; records containing information regarding claims to present or future income; records necessary to protect the City against fraud or overpayment; and records furnishing data on current assets, equipment, securities and real estate. Vital Records may include, but are not limited to, current financial statements, ledgers, property deeds, leases, contracts, permits, licenses, original plans and specifications for City streets and facilities, ordinances, resolutions, and minutes of the City Council, Commission and Committee meetings.

WORM Optical Disks: Computer media that uses lasers to read and write information. Write Once, Read Many; anything that is written to it cannot be changed or deleted.

Writing: Handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbol, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents (Gov.

Code § 7920.545.)
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95 SECTION XIII

FILING GUIDELINES AND SUGGESTIONS
- Files Management and Maintenance
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96 FILING GUIDELINES AND SUGGESTIONS
The following guidelines and suggestions are offered as a basic starting point when working with files and based upon observations made during the physical inventory.

Before Generating a New File:

The following recommendations are made regarding establishing new files or folders:

1. For general filing purposes, a new file should be created only when more than four documents exist on the same subject.

For example, documents regarding Senate Bill 123 would remain in a "Legislation" file until there are five separate documents regarding that bill. At that point, a decision would be made as to how much activity is anticipated on this item. If it meets the above criteria it will be incorporated into its own file folder. Keep materials in a generic folder for every subject until there is justification for a separate folder.

2. A current filing index or directory should be consulted prior to making a new file folder on any given subject for the following reasons:
a. There may already be a file folder for that subject, temporarily out of file. If you create a new one, then you will have duplicate (possibly incomplete) file folders. b. This will give you a review of the major categories within the existing index.

Thus, you’ll have a better chance of coming up with a folder title for your current needs rather than an off-the-cuff title, which may be difficult to recall at a later date.
c. When reviewing the index, you may find an existing folder that may be close enough to the subject you are creating a new file for, or, upon slight modification, could accommodate those documents currently included plus the new material.

3. There are also filing considerations that must be made regarding future records destruction, such as: separation of records by retention periods, and annual breaks in records.
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97 FILE MANAGEMENT
Purpose: To provide guidelines for creation of one "official" file for a given subject/case/event to facilitate future research, public record requests, subpoena response and litigation support.

Policy: All City files are to have a designated "lead" department or "Department of Record" i.e., the department most closely related to the subject matter. This department is responsible for closing the file for submittal to the City Clerk’s Record Center after ensuring that the following steps have been taken:

1. The file is closed according to the department’s procedures incorporating city-wide procedures re: purging duplicates, working notes, confidential information.

2. The category of file is identified on the approved Retention Schedule for that department.

3. The files are closed and sent to the Records Center on a regular basis (at least annually).

4. If the file is deemed permanent according to the Retention Schedule, it may be stored on media available to the department such as optical disk.

The paper file will be destroyed unless otherwise specified. A duplicate copy will be prepared as requested.

FILES MAINTENANCE
Purpose: To establish a procedure for the proper filing and maintenance of City records.

Policy: Files must be maintained properly to be effective administration tools and to make records available to the public as well as staff.

Procedure: Each Department is responsible for the proper location of active files. This will reduce the volume by eliminating the number of duplicate copies generated; reduce the number of copies prepared; increase accessibility of records; conserve file space; and minimize the need for Records Specialists, equipment and supplies.

Files Plan: There is no single type of active file plan that will meet the needs of all departments. When developing a file plan, the specific needs and conditions of the department must be considered, the files plan tailored to meet those needs and conditions.
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CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: MICHAEL REID, City Manager
SUBJECT: APPROVE an agreement to provide City Attorney legal services for the City of Fowler with the law firm Burke, Williams & Sorensen LLP

EXECUTIVE SUMMARY
Approval of this Agreement for Professional Legal Services with Burke, Williams & Sorensen LLP will provide for the continued City Attorney legal services necessary for effective governance and operation of City services.

BACKGROUND
Lozano Smith has provided legal services as City Attorney under contract with the City for more than 30 years. Before the most recent three-year contract with Lozano Smith ended on June 30, 2025, the City Council directed staff to begin the Request for Proposals (RFP) process to seek proposals for City Attorney legal services. In the meantime, a new legal services contract was approved with Lozano Smith in June to continue providing legal services as City Attorney until the RFP selection process was completed.

An RFP was developed and reviewed on June 16, 2025, by attorney John Lavra, Longyear, Lavra, & Cahill, LLP. Mr. Lavra is an attorney who represents member cities in various matters through the Central San Joaquin Valley Risk Management Authority, and Fowler is a member city. This review process was selected to avoid Lozano Smith playing a role in reviewing or preparing the RFP so Lozano Smith could submit a proposal if desired. The RFP was publicly issued on June 30, 2025, with a closing date of July 25, 2025. Upon closing, the City received four responsive RFP proposals for legal services. These proposals were provided to City Council for their consideration. At the direction of a majority of the City Council, three firms were selected to move forward in the selection process for interviews.

On October 6, 2025, at a regular meeting of City Council, interviews were conducted during the closed session of three law firms including Aleshire & Wynder LLP; Burke, Williams & Sorensen LLP; and Griswold, LaSalle, Cobb, Dowed & Gin LLP. On October 27, 2025, at a special meeting of the Fowler City Council, second interviews were conducted with the three law firms.

At the conclusion of these interviews, a majority of Council directed Staff to begin negotiation of City Attorney legal services agreement with Burke, Williams & Sorensen LLP. The proposed agreement was reviewed by Lozano Smith as to form, and staff is satisfied with the contracts terms and rates for services and recommends approval to the City Council. 160
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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, City Attorney services are necessary to assist in implementing the General Plan goals, policies, and action items.

FISCAL IMPACT
Sufficient funds for City Attorney legal services are included in the adopted Fiscal Year 2025/26 budget.

PROCUREMENT PROCESS
Procuring professional legal services is authorized.

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

Attachments
- Legal Services Agreement
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CITY OF FOWLER

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Burke, Williams & Sorensen, LLP ("Vendor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on December 2, 2025 ("Effective Date").

RECITALS
A. City desires to engage the services of a qualified vendor to provide City Attorney Legal Services ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Vendor is engaged in the business of providing these Services and hereby warrants and represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.

C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.

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

AGREEMENT

1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.

2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.

3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on the Effective Date and shall terminate on November 30, 2032, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.

4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement as follows: Billing invoices will be sent out to the City each month invoicing charges for the prior month. Fees for our services are charged in increments of 1/10th of an hour. The bills provide a specific description of the work performed by all attorneys, the time actually spent on the work item, and the billing rate of the attorney.

These bills also contain itemized descriptions of any out-of-pocket expenses incurred during the prior month.

The billing invoices will be inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Vendor is engaged in an 162
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independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business. Vendor is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.

6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.

7. [Reserved]

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

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

10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.

Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.

11. [Reserved]

12. [Reserved]

13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During 163
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the performance of the Services, Vendor shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

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

16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.

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

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

20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a 164
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business license from City and pay the applicable business license fee to City during the term of this Agreement.

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

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.

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

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

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

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Vendor in the County of Fresno, California. Vendor shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County. 165
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28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

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

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

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

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

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

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

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

BURKE, WILLIAMS & SORENSEN, LLP CITY OF FOWLER
__________________________
John J. Welch Michael Ried
Managing Partner City Manager
Date: Date:
444 South Flower Street, 40th Floor 128 South 5th Street Los Angeles, CA 90071 Fowler, CA 93625
(213) 236-0600 (559) 834-3113
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EXHIBIT A

SCOPE OF SERVICES

CITY ATTORNEY LEGAL SERVICES
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City Attorney Services to the
City of Fowler
City Attorney
Roy C. Santos
Burke, Williams & Sorensen, LLP
1999 Harrison Street, Suite 1650
Oakland, California 94612
p: 510.273.8780
e: [email protected]
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City Attorney Legal Service
Scope of City Attorney Legal Services
Our Firm represents over 200 public agencies as City Attorney, General Counsel, or special counsel in all manner of advisory, transactional, and litigation matters. Our attorneys have experience in virtually every field of public law. For Fowler, this means that should the City wish to consult an expert in a particular area of public law, we are able to provide the expertise and experience needed on nearly any topic that may arise, including:
▪ Brown Act Issues ▪ Trial and Appellate Litigation
▪ Public Records Act Issues ▪ Tort Liability
▪ Conflicts of Interest ▪ Franchises and Utilities
▪ Election Contests, Recalls and Initiatives ▪ Stormwater, NPDES and Clean Water Act ▪ First Amendment Issues ▪ Public Finance and Taxation
▪ Cannabis ▪ Asset Foreclosure Mitigation Fee Act
▪ Real Estate and Development ▪ Telecommunications
▪ Land Use Planning and Zoning ▪ Solid Waste Franchising ▪ CEQA and Environmental Law ▪ Water and Water Quality
▪ Endangered Species ▪ Stormwater and Urban Runoff Permitting ▪ Condemnation and Eminent Domain ▪ Water Law and Public Trust ▪ Code Enforcement and Receivership ▪ Labor Negotiations ▪ Housing and HCD compliance matters ▪ Personnel Matters ▪ Housing Element Law ▪ Police and Section 1983 Civil Rights Claims ▪ Rent Control ▪ Grievances
▪ Economic Development ▪ Meyers-Milias-Brown Act
▪ Sustainability and Green Building ▪ Title VII
▪ Development Agreements ▪ CalPERS (PERL, PEPRA, PEMHCA) ▪ Growth Management ▪ Disciplinary Hearings
▪ Annexation and Incorporation – LAFCO
Proceedings
▪ Public Safety Officers Procedural Bill of
Rights
▪ Historic Preservation ▪ California FEHA
▪ Public Works and Contracts ▪ ADA Matters
▪ Joint Powers Authorities
▪ AB 1600 Fees
▪ Workers’ Compensation and Employee
Benefits
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Litigation
Burke handles jury trials, court trials, administrative hearings, arbitrations, mediations, and appeals in federal court, State court, and before various administrative bodies. We have litigated appeals in the 9th Circuit Court of Appeals, California Supreme Court, and State Courts of Appeal.

We regularly work with public joint powers insurance authorities (CJPIA, PARSAC, PORAC, REMIF, ABAG, etc.), as well as private insurers, and are experienced in handling claims consistent with claim administration requirements. We strive to provide regular and effective communication with our clients and their insurers. In many cases, our advisory attorneys are also litigators, positioning them to advise the City on best practices, as well as approaches to avoid litigation and creative settlement approaches. If all of this fails, and it is not possible to avoid a lawsuit, we will help you win it.

Drawing on the experience and expertise of our lawyers spanning many decades, Burke is capable of handling nearly all of a public entity's potential tort and other litigation needs. Having both public law and litigation acumen “under one roof” affords Burke the opportunity to tailor its litigation services to better meet the particular needs of its municipal clients and promotes more effective litigation management. Defense of municipal clients often entails detailed knowledge of statutory immunities, pre-litigation notice requirements, the Skelly process, Pitchess motions, and other circumstances unique to public entity litigation. Burke’s vast experience in these areas enables it to draw upon prior work product to provide more efficient and successful solutions for its clients statewide.

Fee Collections, Cost Recovery, and Rate Setting
Burke has a robust municipal finance practice. Our attorneys have advised on the establishment of new revenue measures and addressed implementation challenges and protests regarding authorized expenditures, including rates (water, sewer, solid waste); fees (development impact, water capacity, in-lieu, other services); reimbursement agreements for privately funded infrastructure; assessments (providing advice regarding characterizing services as providing a special or general benefit for: maintenance and improvement, landscape and lighting, parking, economic development); and taxes (sales, parcel, Community Facilities Districts, utility user, business license, pre-Prop 13 taxes and assessments). We regularly review rate and fee studies to assist agencies with the adoption of water, sewer and solid waste service charges and various impact and regulatory fees. We routinely advise public agencies on tax and fee matters, including compliance with Propositions 218 and 26, the requirements of the Mitigation Fee Act, adoption of rates and impact fees, allocation of sales and use taxes, negotiation and drafting of tax sharing agreements, and the formation of assessment districts.

In addition to our advisory work, we also have extensive litigation experience. Burke attorneys have defended clients against lawsuits challenging the legality and/or application of business 170
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license taxes, transient occupancy taxes, Mello Roos special taxes, utility user’s taxes, and various rates and impact fees. In a recent case (Kessner), we successfully defended three cities against a complex class action challenging the fire protection component of water rates under Proposition 218, which was brought against over 80 public agency defendants and could have impacted over $100 million in annual water rate revenues. We have represented public agencies in multiple lawsuits challenging the constitutionality of previously adopted fees, rates, and taxes, and in administrative proceedings before the State Board of Equalization regarding cities’ rights to local sales and use taxes under the Bradley Burns Uniform Local Sales and Use Tax Law.

Land Use and Planning
Burke attorneys regularly represent public agencies throughout California in connection with real estate matters including land use, entitlement, zoning and permitting matters; due diligence, title and survey review; negotiation and drafting of retail and commercial leases, licenses, easement agreements, exclusive negotiating agreements, purchase and sale agreements, ground leases, statutory development agreements, and disposition and development agreements; and matters relating to hazardous materials/Brownfields remediation, the federal contracting/BRAC process, condemnation, and public contracting and construction. Burke attorneys offer a broad range of knowledge and experience that enables us to effectively negotiate, and document all forms of real estate transactions, and to protect and enforce our clients’ interests in litigation when called upon.

We provide legal counsel to public agencies and private clients in connection with:
▪ Leasing and ground leasing of facilities, equipment and property; ▪ Tidelands and Public Trust issues;
▪ Acquisitions and sales of developed property, including office buildings, shopping centers, apartments, and industrial parks;
▪ Purchases and sales of unimproved land for subdivision and development; ▪ Statutory development agreements, density bonus agreements, and DIF fee deferral agreements;
▪ Public Private Partnership arrangements;
▪ Asset management, including loan administration, property management, and landlord/tenant matters;
▪ Allocation of environmental risks (asbestos, underground storage tanks, and soil and groundwater contamination) in acquisitions, sales, and leasing transactions; ▪ Leases, including residential, office, industrial, and retail space; ▪ Financing;
▪ CC&Rs, reciprocal easement agreements, and other documentation for condominium, planned unit development, and air-space subdivisions;
▪ Title insurance, title review, and due diligence; and ▪ Water and refuse franchising Agreements.
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Burke attorneys have also advised successor agencies and oversight boards, including matters ranging from review and approval of recognized obligation payment schedules by the successor agency and oversight board to the dissolution of the successor agency once its activities are completed.

CEQA/NEPA
Burke attorneys regularly advise and represent public agencies throughout California in connection with real estate development matters including CEQA compliance, land use, entitlement, zoning and permitting matters, and California’s increasingly stringent and complex housing development laws. Burke attorneys offer a broad range of knowledge and experience that enables us to effectively function as key and integral members of the City’s team of staff and other consultants. We roll up our sleeves and pitch in where needed to achieve the City’s legal and policy objectives.

Burke’s CEQA and land use attorneys have substantial experience advising our clients on the development of general plans, specific plans, and zoning codes, and litigating challenges thereto.

Burke’s team often works on master plan approvals for large campus-like areas (including for Pixar’s Emeryville campus, VMWare’s Palo Alto campus, Kaiser’s San Francisco campuses, and the Santa Clara City Place project) and for infrastructure projects such as water supply or power grid projects. In so doing, we strive to help create a CEQA envelope and land use entitlement package that will serve long term needs, structured creatively with sufficient flexibility to address evolving markets, service needs, and technologies.

As to CEQA compliance, Burke regularly assists public agencies with advice on, and the preparation and defense of environmental documents prepared pursuant to CEQA. Even when representing private entities, our lawyers often become trusted advisors to all parties in the CEQA process because of our cooperative and straight-forward approach to the issues and the depth of our expertise. Our team deals with CEQA issues on a daily basis and provides regular legal advice, opinions, and comments regarding all aspects of the process, including strategy and adequacy of documents.

Throughout the administrative project consideration process, our CEQA/NEPA attorneys keep in mind the possibility of litigation and build the administrative record with that as a possibility, ensuring that all necessary documents are put before the decision-maker to ensure the best possible record to support the client’s position on a project. Unlike many other firms who have separate CEQA transactional attorneys and litigation attorneys that work in silos and don’t communicate effectively, Burke’s CEQA lawyers work together and collaborate as a team at both the administrative approval and advice level and in ensuing litigation, we find this distinguishes us from the field and prepares us to be well poised for seamless and cost effective litigation.

Burke’s attorneys have served as counsel to petitioners, respondents, real parties in interest and amicus parties in CEQA litigation, including some of the higher impact CEQA decisions. At both the trial and appellate court levels, we have successfully defended CEQA determinations made by our public agency clients or the public agencies that granted our private clients’ entitlements.

We are well prepared at all court levels to quickly address and fend off injunctive relief and stay requests and pride ourselves on developing complete litigation plans and then successfully implementing them through strategic law and motion practice and persuasive merits briefing and 172
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oral argument. Finally, recognizing that sometimes settlement is the best option for the client, we have frequently negotiated agreements to resolve lawsuits (sometimes even before the litigation is filed) without the need for trial or to avoid appeals.

Labor and Employment
Burke has extensive expertise in all aspects of employment litigation, representing clients in both federal and state courts, administrative and governmental agency proceedings, arbitrations, and appeals. We also represent employers in disciplinary, grievance, and benefit proceedings.

In litigated cases, we take a hands-on approach by personally investigating the underlying alleged incidents, interviewing key personnel, developing the key chronology, and ensuring all relevant evidence is preserved, as well as developing a comprehensive litigation strategy to minimize legal costs while providing an aggressive defense of our clients. Our familiarity with each of our public agency clients’ needs and operations, including their organizational structure and governance, assists in formulating overall defense strategies, allowing us to provide focused and effective support. Our approach to the litigation process narrows risk, eliminating issues and entire actions through targeted and effective motions and tactics.

Burke has extensive experience with all aspects of labor and employment matters for a variety of public sector agencies. Burke is well-known for the preventive advice it provides to employers in California’s complex employment environment. We regularly draft, audit, and update personnel rules, as well as advise clients on employment related documents, policies and procedures that reinforce an employer’s expectations and guidelines to ensure it is in compliance with the myriad applicable state and federal laws, including among others:
▪ Fair Employment & Housing Act
▪ Title VII
▪ Wage and hour laws and regulations
▪ Americans with Disabilities Act
▪ Age Discrimination in Employment Act
▪ Family and Medical Leave Act
▪ California Family Rights Act
▪ Constitutional and statutory privacy
requirements
▪ False claims
▪ First Amendment retaliation
▪ Retaliation
▪ Substance abuse and testing
▪ Occupational Safety and Health Act
▪ Workplace violence
▪ Whistleblowing
▪ Conflicts of interest
▪ Grievance procedures
▪ Employee discipline and due process
▪ The Equal Pay Act
▪ Compensation and benefits
Our experience includes claims alleging gender, race, age, sexual orientation, pregnancy, religion and disability discrimination, unlawful harassment under federal and state law, violations of equal pay laws, violations of constitutional and civil rights, defamation, retaliation, ADA compliance, wage and hour litigation, and all federal and state laws governing employer-employee relations. 173
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Contracts and Franchises
Public contract law has always been a major focus of our practice. Burke attorneys have been involved in all phases of public and private construction projects, both locally and throughout the country. In this context, we routinely assist our public agency clients in drafting and negotiating public works contracts and public bidding documents. Our attorneys have substantial experience in public works contracts including advice and consultation on preparation of bid documents, review and analysis of bids, evaluation of bid protests, construction management issues, surety issues, liquidated damages, stop notices, change orders, extra work and delay claims, and trial.

A number of the firm's attorneys have particular expertise with the California Public Contract Code and federal and local government contracting procedures. We have appeared before all levels of state and federal courts, as well as numerous administrative tribunals and the Boards of Contract Appeals. We participate in professional organizations concerned with the vitality and continued success as well as the operation of the procurement process.

Our team has great depth in public transactions, public contract work, franchising, and development. While Burke features a specialized team of professionals wholly dedicated to public contract and construction work, our general practitioners deal with municipal contracting on a daily basis. Our experience includes drafting and negotiation of Memorandums of Understanding, Exclusive Right to Negotiate Agreements, letters of intent, leases, purchase and sale agreements, statutory development agreements, loan agreements, agreements for other financial incentives, and franchise agreements. We also assist with all phases of property acquisition and due diligence, including options, purchase and sale agreements, reversionary interests, deeds, escrow instructions, and special instructions. Finally, our team excels in structuring transactions with multiple parties and multiple sources of funding. The firm currently represents numerous cities and other public entities in these capacities and has assisted in successfully completing projects such as affordable housing projects and tourist-oriented retail development such as aquatic centers.

Public Records Act, Brown Act, and Elections Code
Public Records Act
We have extensive experience advising public agencies regarding compliance with the Public Records Act and in assisting with responses to Public Records Act requests. Our attorneys advise clients on the best practices for dealing with everything from routine to complex and voluminous requests. They are frequent speakers on this topic and have presented training seminars using facts from real cases to educate participants about the timing of responses and production of records, realistically evaluating potential exemptions and privileges, standards for production and organizing the production of records, and strategies to deal with problematic or serial requesters.

Brown Act
Burke attorneys work closely with clients in the preparation of agendas and agenda packets, including reviewing agenda descriptions for open and closed session items and preparing and reviewing agenda reports prepared by staff. We regularly participate in governing board meetings and have substantial experience in advising public clients on meeting procedures, including compliance with the Brown Act and procedural rules including Robert's Rules of Order and similar 174
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parliamentary systems. Members of the firm serve on the Brown Act Committee for the League of California Cities and have been editors and contributors to the Municipal Law Handbook chapter covering the Brown Act.

Elections Code
Elections law work is ever more important in California, with the recent spate of challenges to the at-large election process being a key issue for many cities. Our attorneys have dealt with these challenges and the redistricting that sometimes follows them, but our experience goes well beyond this contemporary issue. Our attorneys have drafted ballot summaries for initiatives and referenda, advised city clerks on procedural matters before and during elections, assisted in transitioning cities and districts from elections at large to by district elections, and litigated election challenges.

APPROACH TO LEGAL SERVICES
Role of the City Attorney
The City Attorney is selected by, reports to, and serves at the pleasure of the City Council. The job of the City Attorney is to limit the City’s exposure to liability to the extent possible, to advocate for the City, to represent the City in negotiations and litigation, to keep abreast of legal issues that could affect the City, and to use creativity and sound legal reasoning to solve problems and aid the City Council in achieving its goals. As your City Attorney, we do not make policy. While legal advice can help to inform the Council’s policy making, we understand that our role is to advise on your decisions, to provide options, and to implement your direction.

Although the City Attorney is responsible to the City Council, they must also work closely with the City Manager and Department Heads to implement the Council’s policies and to provide a range of legal advice directly to the City Manager and City staff. We will provide this service in a costeffective manner by coordinating with the City Council and City Manager to prioritize the City’s legal service needs, to give honest appraisals of both the cost of services and the likelihood of success, and to respond efficiently to unanticipated events.

As City Attorney, Roy Santos will be the primary contact for all assignments and will be responsible for all work product prepared by Burke for the City to ensure timeliness of response and delivery of work product. The City Attorney can also keep both the City Council and City Manger apprised of pending projects and deliver dates either in writing or orally depending on the City’s direction. As the relationship between the City and Burke develops over time, we anticipate that City department heads will begin to contact other Burke attorneys directly; this will be acceptable but Roy will be copied on all emails and memoranda sent by Burke attorneys to the City so that he can inform the City Council and City Manager of any legal activities being undertaken on the City’s behalf.
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Working Relationship
The City Attorney will be responsible for conducting and managing all legal services for the City.

We will work with the City Council, City Manager, and City staff to determine the most efficient working relationship to meet Suisun City’s needs in a timely and responsive manner.

Our services are client-specific, not “one size fits all.” From the outset of our representation, we listen carefully to each client’s issues and tailor an appropriate solution. We believe responsiveness to clients’ needs and open communication are the foundation of a successful attorney-client relationship. We are problem solvers in the performance of all aspects of our work and we strive to achieve our clients’ goals simply and creatively.

We are technologically sophisticated, and are adept at using modern forms of communication to reduce costs. Specifically, when possible, we will participate by teleconference or video conference to attend routine staff meetings and strategy sessions. We work closely with the councils and department heads to identify meetings where our presence is needed and those where we can participate by phone/video conference.

We attempt to give our clients realistic, pragmatic advice, not just tell them what the law is. We describe alternatives, analyze the risks and benefits for each alternative, and discuss the steps necessary for each alternative when appropriate to do so. When possible, we make affirmative recommendations or try to describe the factors that would favor one alternative over another.

When we do not know the answer to a question, we say so.

Our team's general approach would be as follows:
▪ Learn your customary way of working, so that we complement the work done by staff and elected and appointed officials.
▪ Build upon existing forms and practices, avoiding reinvention unless it will lead to increased efficiency.
▪ Take advantage of the fact that we represent, as general or special counsel, many public agencies and can spread the cost of preparing memoranda on new cases and legislation over many clients.
▪ Take advantage of Burke’s experienced lawyers who are efficient in their areas of practice, such as public contracting and employment law.
▪ Use standard forms, adapted for your particular style and preferences, to expedite document review and electronic document drafts.
▪ Limit written memoranda to cases where they are requested. ▪ Avoid litigation when possible and when it is not, develop a strategy for the entire case at the outset, in consultation with the Council and applicable staff. ▪ Respond promptly.
▪ Offer realistic, pragmatic advice, including alternatives and related risk/benefit analyses when appropriate, and when possible, make affirmative recommendations or try to describe the factors that would favor one alternative over another. 176
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▪ When applicable laws might restrict one proposed path of achieving a certain policy goal, we endeavor to find creative, legally valid alternative paths to achieve the desired goal.

To the extent that workflow or other questions arise, Roy will promptly address them to ensure that we provide the best service possible within the City’s budget and consistent with your organizational goals and applicable law.

While we will readily conform our style to the City’s desires and needs, our preferred style of working with the City Manager and other staff members is collaborative, as described above. We use our time with them to understand what their challenges are and to provide explanations as well as direction and answers. We try to keep abreast of their workloads and assignments, and to provide them with the necessary legal tools, as well as advice, in exchange.

We consider it vital that our clients understand that we do not make policy choices and instead reserve that to the City Council and City Manager. Once a decision is made to pursue a particular path, we work hard to reach the desired end while ensuring a legally defensible path. When applicable laws might restrict one proposed path of achieving a certain policy goal, we endeavor to find creative, legally valid alternative paths to achieve the desired goal.

We appreciate having the opportunity to respond to questions from individual Council members outside of meetings as well as at meetings. We try to avoid surprising the Council with our legal advice, and we prefer when possible, to have advance notice of issues that may arise, so that our advice will be based on a complete understanding of relevant facts.

Keeping the City Informed About the Status of Ongoing Litigation We keep our clients informed of pending litigation matters that we are handling by sending monthly or quarterly litigation status reports, at the City’s preference. These reports will provide the City Council and City Manager with a summary of all existing litigation, the status of each matter, and the legal fees and costs incurred to date in defending the matter. At the discretion of the City Council, we are also willing to engage in regular verbal briefings on either a one-on-one basis or in agendized closed session meetings so that City Council Members can ask questions and discuss policy issues important to the City. To the extent that litigation is handled by other firms or attorneys, we will oversee those matters and coordinate similar reports and briefings by those firms or attorneys. Similarly, we will oversee matters handled by the City’s risk management pool and ensure that timely updates are provided.

Response Times
The City Council and City Manager will have access to Roy and other necessary team members at all times. Other Burke attorneys working for the City will be overseen by Roy but will coordinate directly with the City Manager and appropriate staff to ensure prompt responses to communications. If Roy will not be available for multiple days due to illness or planned vacation, then he will notify the City Manager and Council as early as possible and identify Marc or another attorney as the point of contact.

We believe one of the most important services we provide is responsiveness. To that end, Roy has a proven track record of being available and responsive to the firm’s clients. This means 177
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almost immediate responses to routine questions, and where more analysis, research and review is required, Roy will keep staff and the City Council aware of our timelines for a response. Our goal is to respond to the City’s needs in a way that is efficient but also provides an excellent work product.

Tracking and Managing Legal Costs
Managing legal service costs and providing cost containment measures is a topic Burke’s attorneys are well acquainted with. The best process begins with a realistic assessment of the City’s legal service needs as compared to its fiscal capacity to absorb planned and unplanned legal service costs. The City Attorney should be actively involved with the City Manager and staff in determining the legal service needs and setting a realistic budget along with cost containment mechanisms to constrain fees.

We believe in regular reporting of legal service costs to the City Manager and City Council when requested. Toward this end, should the City request it, we can prepare a monthly budget to actual report showing billings to date versus a proration of the annual legal service budget for the year, broken down by legal use type (e.g. general municipal, litigation, code enforcement, personnel, etc. formatted based upon your preferred metrics). We also report the hours expended and reimbursable costs to provide the most transparent view of the legal service costs available. If requested, we would be happy to work with the City Manager on a plan of legal services management that identifies feasible and practical procedures that can be implemented by City staff and the City Attorney to improve the efficiency of legal services for the City.

Legal Developments and Issues of Concern
Our firm regularly reviews new and pending legislation and California cases that may impact local governments and sends email reports highlighting legal issues of concern to our clients. In addition, we provide training sessions relating to ethics and conflicts of interest, the Brown Act, and other matters of particular interest to the City Council. When special issues of concern arise, we provide clear and concise written memoranda to assist the City in understanding relevant issues, risks, and alternatives.

The firm’s various practice groups also generate timely updates on emerging trends and issues, as well as recent important case decisions. They can be found on our website at https://www.bwslaw.com/insights/.

Coordinating Work
Each municipality has its own preferences as to how its attorney should work with the City Council, City Manager, and other staff. We will work with the City to understand and adhere to the City’s preferences. Roy’s style at public meetings is tailored to the preference of the Mayor and Council.

He can monitor meetings until called upon to answer a question or until a possible problem emerges, such as a Brown Act issue that requires intervention to legally protect the City, or he can signal to the Mayor that he has something to contribute to the discussion that may be useful.

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Delivery of legal services will be provided in the manner that works best for the City.

Communication will always be the most important aspect of that delivery. Roy will initiate preliminary discussions with the City Manager to address topics such as who can assign work, what are the expectations for the work product, and what is the preferred method of delivering the work product. Managing expectations is also critical, in terms of deadlines, scope of the assignment, and use of resources. If a question can be answered on the spot, it will be. If more research or analysis is warranted, Roy and other Burke attorneys would have discussions with the City Manager and/or Department Heads about the necessity or appropriateness of such additional work. And if work is done at the behest of City staff other than the City Manager or Department Heads, the appropriate Department Head can be copied on all communication to make sure everyone is on the same page about what is needed by the City and what is being done by the City Attorney’s office.

Risk Management Services
For all our cities where we serve as City Attorney, we work with the city’s insurance carriers to verify that our clients are adequately insuring against encountered risks. Additionally, we have substantial experience working with those carriers should a coverage dispute occur and making sure that covered claims are in fact covered. Likewise, we routinely assist our clients with verifying that required insurance certificates from third parties are adequately prepared, protecting our clients from any potential claims.

Experience in Public Contracting, Eminent Domain, and Litigation Public Works and Public Transactions
Our experience in public works and transactions includes drafting and negotiating Memorandums of Understanding, Exclusive Right to Negotiate Agreements, letters of intent, leases, purchase and sale agreements, statutory development agreements, loan agreements, and special purchase agreements. We also assist with the creation of corporations, limited liability corporations, partnerships, and joint ventures, and all phases of property acquisition and due diligence, including options, purchase and sale agreements, reversionary interests, deeds, escrow instructions, and special instructions. We regularly advise on structuring transactions with multiple parties and multiple sources of funding.

We also work with clients to prepare and review public works contract documents, including scopes of work, bid forms, and contract procedures as well as prevailing wage requirements.

Burke attorneys have experience handling all aspects of bid protests and award disputes including issues of responsiveness, responsibility, mistake, subcontractor listing requirements, and other related issues.

Eminent Domain
Burke is proud to have one of the largest Eminent Domain/Inverse Condemnation practice groups in California. These attorneys have substantial experience, both substantively and procedurally, and have represented public entities in acquiring virtually all types of properties, involving both full take and partial takes. Our Eminent Domain legal team, which consists of 15 attorneys throughout 7 offices, regularly helps public entities use eminent domain authority effectively and 179
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responsibly to build public projects. From project planning to public hearings, and from negotiation to trial and appeal, we help keep the process on track and minimize public entities’ financial risks.

We work with our public entity clients to negotiate resolution of cases efficiently and economically, and to use eminent domain only as a last resort. We understand our clients’ concern over potential negative public sentiment regarding eminent domain. When cases cannot be resolved through settlement efforts, we help educate our clients regarding the process and have an outstanding record of success using the court process to achieve our clients’ objectives. This includes obtaining pre-condemnation rights of entry, obtaining pre-judgment orders for possession, resolving “right to take” objections by demur or bench trials, and resolving valuation issues through jury trials. Burke’s team has worked on property acquisitions governed by both State and Federal laws and rules applicable in condemnation proceedings.

Burke’s Eminent Domain attorneys have litigated eminent domain and/or inverse condemnation matters throughout the State, including in Alameda, Calaveras, El Dorado, Los Angeles, Mendocino, Monterey, Orange, Placer, Riverside, San Benito, San Bernardino, San Diego, San Mateo, Santa Clara, Santa Cruz, and Ventura Counties. If an eminent domain action is filed on behalf of a client, our Eminent Domain team handles every aspect of the litigation, including the drafting of pleadings, undertaking discovery, obtaining prejudgment orders of possession and, where necessary, taking the matters through trial and appeal. We routinely and effectively use legal issues motions pursuant to Section 1260.040(a) of the Code of Civil Procedure to narrow the issues and drive eminent domain litigation towards settlement instead of trial. We also have substantial experience in preventing and, when necessary, successfully litigating right-to-take challenges. Burke regularly defends public agencies against inverse condemnation claims brought by property owners and businesses claiming damages stemming from, among other things, the construction of nearby public projects, the temporary/permanent re-routing of traffic and the expiration of temporary construction easements when the project is not yet complete.

In addition to litigating eminent domain actions, Burke’s attorneys routinely draft transactional documents necessary for the acquisition of real and personal property, including purchase and sale agreements, possession and use agreements, rights of entry, land swaps, options, reversionary interests, deeds, leases, and other real estate transactional documents. The firm’s Eminent Domain attorneys are well-versed in assisting clients with issues arising under the Uniform Relocation Act and California’s Relocation Assistance Act, CEQA, and complicated land use issues. Burke’s attorneys have also provided advice and assisted with the disposition of excess/surplus remnant parcels at the end of a project.

Litigation
Burke handles jury trials, court trials, administrative hearings, arbitrations, mediations, and appeals in federal court, State court, and before various administrative bodies. We have litigated appeals in the 9th Circuit Court of Appeals, California Supreme Court, and State Courts of Appeal.

When a case goes to trial, we work with attorneys throughout our firm to build the best team, with the most relevant experience in the issues of the case. And when a case should be settled – we advise the client as early as possible, and work with them to involve all stakeholders. We keep abreast of legal developments regarding procedural and substantive issues of litigation, share information amongst ourselves and with our clients and, to the extent possible, build collaborative relationships with opposing counsel.
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We regularly work with public joint powers insurance authorities (CJPIA, PARSAC, PORAC, REMIF, ABAG, etc.), as well as private insurers, and are experienced in handling claims consistent with claim administration requirements. We strive to provide regular and effective communication with our clients and their insurers. In many cases, our transactional attorneys are also litigators, positioning them to advise the client on best practices, as well as approaches to avoid litigation and creative settlement approaches. If all of this fails, and it is not possible to avoid a lawsuit, we will help you win it.

Evaluating the Use of Outside Counsel
Because Burke is a full-service law firm, we use our own attorneys when we have the expertise, and will recommend outside counsel when we do not, or when a particular firm is better suited to handle a matter. In determining when to bring in other Burke attorneys to assist in projects, Roy will work with the City to ensure the best fit. Roy will supervise the work to ensure value and efficiency. If the City prefers to utilize outside counsel for certain specialty work, Roy has ample experience working with and managing outside counsel. Roy will work with the City and coordinate representation in whatever manner works best for the City.

Professional Development and Training
The firm ensures that each of its attorneys completes the continuing education requirements of the California State Bar, as well as receiving two hours of harassment prevention training every two years as required pursuant to AB 1825. Beyond these minimum requirements, we encourage and provide funding for each attorney to obtain additional professional development or specialization to best serve the firm's clients. Each of our general counsel attorneys participates in or conducts Ethics Training (AB 1234) for public officials.

Each year, the bulk of the attorneys in our Public Law Practice Group attend various conferences (League of California Cities Conference, California Contract Cities Association Conference, etc.).

Beyond mere attendance, Burke lawyers regularly present on matters related to municipalities. In fact, at the upcoming League of Cities City Attorneys Spring Conference, six Burke attorneys are presenting. Burke brings experts and access to the table to serve the City of Fowler.

In-Service Training
Burke attorneys are able to provide training to the City both regularly and as needed in any area that City officials and staff need. Training is usually at significantly reduced cost because the time to prepare is often split among many clients. Some of training topics include:
▪ New Councilmember/Commissioner
Training
▪ Presiding Officer (Meeting Chair and Vice
Chair) Training
▪ Focused Trainings on the Brown Act,
Conflicts of Interest, or Public Records
Act
▪ AB 1234 Training
▪ Commission Roles and Responsibilities
▪ Public Records Act
▪ Public Document Retention and Destruction
▪ Living with CEQA
▪ Compliance with Leaves of Absence Laws
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▪ Basic Contract Drafting and
Administration
▪ Prevention of Sexual Harassment
▪ Compliance with Federal and State
Disability Laws
▪ Handling Public Contract Bid Disputes
▪ Basics of Code Enforcement
▪ Addressing Workplace Violence
▪ How to Be a Hearing Officer
▪ Making Project Findings and Avoiding
Writs
▪ FLSA Compliance
▪ Discrimination Training
▪ Public Employee Retirement Benefits
▪ Social Media: Policies and Best Practices
▪ Local Public Employee Discipline,
Discharge, and Procedure: Avoiding Costly
Mistakes
▪ How to Conduct Performance
Evaluations
We offer training programs focused on your needs. In addition, we keep abreast of new legislation and judicial opinions and provide training as needed when there are developments in the law that impact the City. Burke publishes the widely circulated Legal Trends, an annual publication that summarizes the key developments in labor and employment law, especially designed for employers in the public sector. Legal Trends has been distributed for over 20 years at CALPELRA.

Burke also produces a newsletter, free of charge, and distributes it to our clients on a regular basis as new relevant laws are enacted or new judicial decisions impacting public agencies are handed down.

Monthly Status Reports | Types of Reports
Each city is unique in the desired level of reporting requested from the City Attorney. If desired, Burke can provide whatever reporting system or mechanism that the Council requests. Typically Burke attorneys provide monthly or quarterly reports to the City Council in various levels of detail, tailored to each Council.
▪ Monthly Report: This report provides the Council, City Manager, and Department Heads with a summary of all existing litigation, the status of each matter, and the legal fees and costs incurred to date in defending or prosecuting the matter. The report can also include certain projects that the City Attorney has been tasked with reviewing or analyzing. ▪ Project Status Reports: It is our practice to provide periodic oral and/or e-mail work status reports to the City Manager and appropriate Department Heads on a project-byproject basis. Oftentimes, these types of reports can be provided orally at weekly staff meetings or one-on-ones with the City Manager.
▪ Quarterly Reports: A Quarterly Report provides a summary of the major projects the City Attorney’s office has been working on during the quarter as well as a snapshot of where we are for the quarter in terms of cost and fees relative to the budget. The Quarterly Report can also include a summary of existing litigation.
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Transmittal of Requests
We can accommodate any method of work transmittal requested by the City. We prefer requests in writing (by e-mail) in which a response timeframe is provided. We recommend the following procedures, but will work with you to tailor work flow to meet your needs:
▪ Work from the Full Council: When we receive work from the full Council, the direction is reflected in the Clerk’s minutes. We then discuss it the following day with the City Manager and estimate the amount of time and expense. We provide periodic e-mail reports to the City Manager and Council if the work will take longer than the next Council meeting to complete.
▪ Work from Individual Council Members: Typically Councils have policies that allow individual members to inquire about legal issues and conflict issues of the City Attorney, provided the amount of work required is limited. If the amount of work will require more than three to five hours of work, we generally request authorization from the full Council.

Any response is provided to the full Council.
▪ Work from the City Manager: Requests for work by the City Manager may be provided either orally or in writing. We prefer for them to be in writing, but when time does not allow, we receive them orally and then confirm the project by means of a written e-mail.

Generally, if the project takes more than three to five hours to complete, we will provide notice to the City Manager and request direction as to how to proceed. ▪ Work from Department Heads: Receipt of work from department heads is handled in the same fashion as receipt of work from the City Manager, with the exception that we copy the City Manager on all written (e-mail) communications with the department head. ▪ Work from Other Employees: Before we accept work from Fowler employees other than Department Heads, we ask that it be cleared by the Department Head and/or City Manager. If it is cleared, then we handle the receipt of work in the same fashion as receipt of work from the Department Head, with the exception that we copy the Department Head and/or City Manager on all written (e-mail) communications with the assigned staff person.

INSURANCE
Burke maintains a comprehensive insurance program with high limits through carriers which are rated A or A+ by A. M. Best rating service. The General Liability Policy provides primary limits of $1 Million per Occurrence, including Personal Injury, followed by a $10 Million Umbrella Policy limit. Where indemnification is required, the firm’s policy includes contractual liability, blanket additional insured pro-visions, primary and non-contributory wording, and severability of interests.

As the firm owns no automobiles, liability coverage is written to include hired or non-owned autos which may be used by the firm or its employees.

The Lawyers Professional Indemnity program provides no less than $5 Million in coverage for each claim and no less than $10 Million in the aggregate for all claims made during the policy period in connection with acts by or on behalf of the firm; subject to the policy’s terms, conditions, exclusions and limitations.
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Legal Services Hourly Rates
General Legal Services Hourly Rates
We propose the following rates for General Legal Services:

Staffing Hourly Rate
Partners $295
Associates $265
Law Clerks / Paralegals $165
General Services are routine, customary legal services for normal operations of the City and include the following:
▪ Public Meetings, attendance and preparation for City Council, District Board and Planning Commission meetings. Other public meetings as requested, for example, the Parks and Community Services Development Commission;
▪ Office hours and attendance at executive team meetings and other staff meetings as requested;
▪ Contracts
o Preparation and review of standard form service contracts and purchase documents o Review of standard public works contracts
o Provide advice re insurance coverage matters
o Provide other standard forms and templates;
▪ Document Review. Review, approve, prepare ordinances, resolutions, staff reports and other general legal documents required by the City;
▪ General City Support items;
o Routine real property acquisitions, easements, and dedications o Tort and contract claims and liability exposure
o Legal opinions (except as related to bond or public financing) o Communication with press
o Brown Act compliance
o Public Records Act compliance and assistance responding to requests o Subpoena response
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o Political Reform Act / Conflict of Interest Laws compliance o Procedural issues and due process
o Intergovernmental relations
o Joint powers authority issues and relations
o Maintenance of Municipal Code;
▪ Routine Land Use and Zoning Issues
o Legal research, review and recommendation
o Interpretation of General Plan/Zoning Code language
o Assistance with Specific Plans
o Preparation and Review of Subdivision Improvement Agreements o Assistance with interpretation of Telecommunications laws; ▪ Legislation. Monitor and provide updates on pending and current legislation and court decisions;
▪ Other. Perform such other legal duties as may be required by the City Council or City Manager (except for Special Legal Services matters described below); ▪ Research. Perform research and interpret laws, court decisions and other legal authorities; ▪ Trainings. Provide standard and routine trainings to City Council and City Staff (includes trainings and presentations already prepared by Burke for public organizations (e.g., League of California Cities); and
▪ Code Enforcement/City Prosecutor Services involving litigation. 185
Section 10, Item A
City Attorney Legal Service
Special Legal Services Hourly Rates
We propose the following rates for Special Legal Services:

Staffing Hourly Rate
Partners $325
Associates $285
Law Clerks / Paralegals $165
Special Legal Services to include those legal services of a non-routine nature or a routine task that, due to its complexity, requires additional analysis and research. Special Services include the following:
▪ ADA claims and suits, interactive process and reasonable accommodations; ▪ Adult business and other first amendment protected business regulation; ▪ Affordable Housing;
▪ Assessment district, Improvement district and Community Facilities district issues; ▪ Complex economic development agreement, post-redevelopment incentive districts and programs;
▪ Complex Environmental matters;
▪ Complex public construction projects, bid disputes, protests, and suits; ▪ Election disputes, including initiatives, recall, referendums, districting, election challenges, and qualification issues;
▪ Eminent Domain;
▪ Formal administrative hearings (e.g. license or permit revocation hearings); ▪ Fees, charges and taxes (Mitigation Fee Act, Prop 218); ▪ Franchising;
▪ Litigation. Tort liability (e.g., dangerous condition cases, personal injury cases, etc.), personnel litigation, writs, and other specialty litigation matters such as complex code enforcement litigation, land use, and CEQA writs;
▪ Matters that are complex, novel or unusual;
▪ Non-routine or complex land use and development matters including general plan 186
Section 10, Item A
City Attorney Legal Service
updates, Williamson Act Issues, annexations, development agreements, Non-routine environmental matters (CEQA, NEPA, Endangered Species); ▪ Personnel matters
o Personnel advisory matters
o Review of practices and procedures
o Disciplinary procedures
o Grievances
o Arbitrations
o Employee medical issues
o FLSA, FMLA, ADA, and HIPPA issues
o Revision or drafting personnel contracts
o Revision or drafting personnel rules and policies;
▪ Pitchess Motions;
▪ Prevailing wage disputes and bid protests;
▪ Solid Waste franchising and regulatory issues;
▪ Toxic substances matters (CERCLA, RCRA); and
▪ Water rights and water quality issues.
187
Section 10, Item A
City Attorney Legal Service
Reimbursable Legal Services Hourly Rates
Reimbursable Legal Services are any legal services provided to or at the request of the City, for which the City may obtain reimbursement from a third party (e.g. from the applicant for a development project), from a state, federal, or local grant or program, or services provided to a City utility or rate-based enterprise. We propose the following rates for Reimbursable Legal Services:

Staffing Hourly Rate
Partners $450
Associates $375
Remaining Within Budget
Managing legal service costs and providing cost containment measures is a topic Burke’s attorneys are well acquainted with. The best process begins with a realistic assessment of the City’s legal service needs as compared to its fiscal capacity to absorb planned and unplanned legal service costs. The City Attorney should be actively involved with the City Manager and City staff in determining legal service needs and setting a realistic budget along with cost containment mechanisms to constrain cost creep. Part of Roy’s strategy is to direct work to the most qualified attorney ensuring timely, competent responses to legal issues. Having the most qualified attorney handle assignments shortens time spent while keeping the highest level of service Fowler expects. We can prepare budget reports that reflect actual billing to date versus a proration of the annual legal service budget for the year, broken down by legal use type (e.g., general municipal, litigation, code enforcement, personnel, etc.—formatted based upon your preferred metrics). We also report the hours expended and reimbursable costs to provide the most transparent view of legal service costs available. If requested, we are happy to work with the City Manager on a plan of legal services management that identifies feasible and practical procedures that can be implemented by City staff and the City Attorney’s Office to improve the efficiency of legal services for the City.

Billing Format and Procedure
Bills are sent out each month invoicing charges for the prior month. Fees for our services are charged in increments of 1/10th of an hour. The bills provide a specific description of the work performed by all attorneys, the time actually spent on the work item, and the billing rate of the attorney. These bills also contain itemized descriptions of any out-of-pocket expenses incurred during the prior month.

Reimbursements
We routinely charge our clients for our direct out-of-pocket expenses and costs incurred in performing the services. These costs and expenses commonly include such items as reproduction of documents, facsimile, mileage reimbursement for travel at the IRS approved rate, and other costs reasonably and necessarily incurred in performing services for the City. We do not charge 188
Section 10, Item A
City Attorney Legal Service
a service fee or overhead for cost reimbursement items. We also do not charge for computer or word processing time. Reimbursement amounts may be adjusted annually.

Expense Rate
In-house reproduction charges
black and white 20¢ per page
color $1 per page
Mileage 70¢ per mile (or current IRS rate)
All other costs reasonably and
necessarily incurred in performing
services for the City at cost
In-Service Training Rates
Burke will provide AB 1234 and Ethics training at no charge. Our standard hourly rate would apply for additional training.

Adjustments
The rates for City Attorney legal services shall be in effect until June 30, 2026. Thereafter, rates will be increased annually on July 1st by the greater of the increase in the average Consumer Price Index for all consumer goods for the previous four quarters within the applicable metropolitan statistical area or $10.00 per hour, unless otherwise negotiated as a part of the City’s budget adoption process. Further, such adjustments will be rounded up to the nearest $10.00.

Locations
Los Angeles
Inland Empire
Marin County
Oakland
Orange County
Palm Desert
San Diego
San Francisco
Silicon Valley
Ventura County
189
Section 10, Item A
021023tg 7

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City. a. Minimum Limits of Insurance. Vendor shall maintain the following types of insurance with limits no less than specified:
(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Vendor maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Services performed pursuant to this Agreement, the Vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it. 190
Section 10, Item A
021023tg 8
(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Vendor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Vendor to City under this Agreement. 191
Section 10, Item A
021023tg 9

EXHIBIT C

CERTIFICATE OF INSURANCE
192
Section 10, Item A
Stanton and Associates Inc.

ISU Stanton & Associates
3625 Thousand Oaks Blvd #292
Westlake Village CA 91362
Kasey Litz
(805) 413-1498 (805) 435-3737
[email protected]
Burke, Williams & Sorensen, LLP
444 S. Flower St., 40th Floor
Los Angeles CA 90071
HARTFORD FIRE INSURANCE CO. 19682
Trumbull Ins. Co. 27120
Hartford Casualty Ins Co 29424
Sentinel Insurance Company Ltd 11000
25-26 City
A 72UUNBD3RBC 08/01/2025 08/01/2026
1,000,000
300,000
10,000
1,000,000
2,000,000
2,000,000
B 72UENCG7716 08/01/2025 08/01/2026
1,000,000
C
10,000
72XHUBF3DCB 08/01/2025 08/01/2026
10,000,000
10,000,000
D 72WEAB2915 08/01/2025 08/01/2026 1,000,000
1,000,000
1,000,000
The City of Fowler the City, its officers, officials, employees, agents and volunteers are hereby named as additional insured. Hartford CGL policy form HG0001 includes Additional Insured status, Primary and Non-Contributory wording, and Waiver of Subrogation where required by written contracts.

IH 0303 - 30 Day NOC applies
CG2026 – Additional Insured – Designated Person or Organization WC 990394 – 30-Day Notice of Cancellation to Certificate Holders WC040306 – WC Waiver of Subrogation
City of Fowler
128 S 5th St
Fowler CA 93625

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
193
Section 10, Item A

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: MICHAEL REID, City Manager
SUBJECT: APPROVE the City of Fowler official response to the Fresno County Civil Grand Jury Report

EXECUTIVE SUMMARY
The 2024-2025 Fresno County Civil Grand Jury issued a report entitled “How is the City of Fowler addressing Water Contamination?” This report lists six findings and six recommendations as a result of their investigation. Approval of this item will provide the City’s official response to the Grand Jury Report as required by Penal Code section 933.

BACKGROUND
The Fresno County Civil Grand Jury is a constitutionally mandated judicial body charged to investigate civil matters but not criminal matters. The grand jury’s responsibilities include investigating issues regarding county government and public agencies funded by the government and issuing reports and recommendations when appropriate. The grand jury is also mandated by law to respond to citizens’ complaint letters and to inquire into the condition and management of public detention facilities within the county.

In 2025, a citizen complaint was received by the Fresno County Civil Grand Jury regarding the City of Fowler’s handling of the contaminants found in the City’s drinking water. The complaint mentioned specifically that nothing was being done by the City of Fowler to address the issue.

Based on this complaint, the Fresno County Grand Jury initiated an investigation which involved interviews with several members of City staff and review of many City records and reports. The culmination of this investigation resulted in a report being issued by the Fresno County Civil Grand Jury entitled “How is the City of Fowler addressing Water Contamination?” The Fresno County Grand Jury found that the City of Fowler’s Public Works, Water Department is working diligently and collaboratively with other City of Fowler entities to meet the water needs of a growing community and has been making great improvements in its operations over the last year. The Grand Jury’s report confirms the positive direction of the Department and the appropriate management and operation of the City’s municipal water system. The Grand Jury made six findings and offered six recommendations, such as the development of written procedures and checklists and improvements to its website which could help the City of Fowler Public Works, Water Department become an even more efficient operation in the future and transparent to the community.
194
Section 10, Item B
City staff agrees with each of the six findings in the Grand Jury report and has implemented, or is in the process of implementing, each of the six recommendations made by the Fresno County Grand Jury. Accordingly, Staff recommends the City Council approve the official response to the Grand Jury as attached to this report. If approved, the response will be signed by the Mayor and sent to the Presiding Judge of the Fresno County Superior Court in accordance with applicable law.

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
The proposed response to the Fresno County Grand Jury is consistent with the following General Plan goals and policies:

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

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

FISCAL IMPACT
The response to the Grand Jury would result in further compliance with state regulations and best practices. The recommendations of the Grand Jury report have been, or will be, absorbed into the Council approved FY 2026 budget for Public Works.

PROCUREMENT PROCESS
This item is a staff response to the Fresno County Grand Jury which did not involve any procurement process.

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

Attachments
- Fresno County Grand Jury Report 4: “How is the City of Fowler addressing Water Contamination?”
- City of Fowler Response to 2024-2025 Fresno County Grand Jury Report 195
Section 10, Item B
How is the City of Fowler addressing
Water Contamination?
Fresno County
Civil Grand Jury
196
Section 10, Item B
City of Fowler Water

SUMMARY
A citizen complaint was received by the Fresno County Civil Grand Jury regarding the City of Fowler’s handling of the contaminants found in their drinking water. The complaint mentioned nothing was being done by the City of Fowler to address the issue. The Grand Jury found that the City’s water was not meeting a drinking water standard implemented by the California State Water Resources Control Board in 2018. However, the Grand Jury also found the City of Fowler has been trying to address the issue since 2018, when the water samples did not meet the new standard. The City of Fowler has faced several challenges getting a new water filtration system installed. The biggest challenge was the lack of funds to pay for the new system.

It took several years for a lawsuit filed by the City of Fowler against several businesses who put 1,2,3-Trichloropropane into pesticides used by farms that led to the standard not being met. This lawsuit started in 2018 and was settled in early 2021 for $5 million. Unfortunately all the funds were not received at once. An initial settlement payment was made and then three other payments followed over the next few years with the last payment being received in January 2024. Once the City of Fowler had the funds, work began to get the drinking water filtration system installed. The new filtration system should be completed and up and running by the first quarter of 2026. It is expected the new filtration system will make the City of Fowler’s drinking water fully compliant with the California State Water Resources Control Board standards.

The City of Fowler’s Public Works, Water Department is working diligently and collaboratively with other City of Fowler entities to meet the water needs of a growing community and has been making great improvements in its operations over the last year. The positive direction of the Department was clear throughout the many interviews conducted by the Grand Jury. The Grand Jury made a few recommendations such as the development of written procedures and checklists and improvements to its website which could help the City of Fowler Public Works, Water Department become an even more efficient operation in the future and transparent to the community.
2024 - 2025 Fresno County Civil Grand Jury
2 197
Section 10, Item B
City of Fowler Water

GLOSSARY
AWWA - American Water Works Association
CA-MCL - Maximum Contaminant Level
CRWA - California Rural Water Association
GAC - Granular Activated Carbon
OEHHA - Office of Environmental Health Hazard Assessment PHG - Public Health Goal
SWRCB - State Water Resources Control Board
TCP - 1,2,3-trichloropropane

BACKGROUND
In 2018, Senate Bill (SB) 1422 was codified as part of the California Safe Drinking Water Act. SB 1422 required the California State Water Resources Control Board (SWRCB) to adopt a definition of microplastics by July 2020 and to develop a standard methodology for the detection of microplastics in drinking water by July 2021. This was impactful on the City of Fowler (City) due to the presence of 1,2,3-trichloropropane (TCP) in the drinking water. TCP is considered a microplastic.

TCP is a regulated chemical in California with an established State Maximum Contaminant Level (CA-MCL) in drinking water of 0.005 µg/L, or 5 parts per trillion (ppt).

TCP is a chlorinated hydrocarbon with high chemical stability. TCP began to be used in pesticides in the 1950s. California farms and agribusiness did not know the ramifications of using pesticide products containing TCP. The TCP was seeping through the soil and contaminating the groundwater. Pesticides containing TCP continued being used until the 1980s. TCP sinks lower in the aquifer, slowly migrating and being transported by groundwater. 2024 - 2025 Fresno County Civil Grand Jury
3 198
Section 10, Item B
City of Fowler Water
In addition, it breaks down slowly, making it a persistent contaminant in groundwater. The City was not the only city impacted by the use of TCP.

The California Environmental Protection Agency has classified TCP as likely to be carcinogenic to humans. Based on SWRCB data from 2007 to 2017, 395 active and standby public water supply wells (of 5,863 wells tested, 412 detections) had at least one detection above the CA-MCL. Most detections above the CA-MCL occurred in Kern (110), Fresno (64) and Los Angeles County (51) (TCP Fact Sheet)
1 . Thus, the City found itself along with many other
entities in violation of the standards. The City’s Water Department provides potable water services to approximately 2,100 customers. There are currently six (6) active wells used by the City. One (1) well, Well #7, was found to have exceeded the TCP CA-MCL.

The level of TCP in public water systems required monitoring and reporting to the SWRCB, starting in January 2018. The notification level was established at 0.005 µg/L in 1999.

Analytical methods to meet the notification level were established in 2002. Based on detections of TCP in California’s groundwater, the Office of Environmental Health Hazard Assessment (OEHHA) established a 0.0007 µg/L Public Health Goal (PHG) for TCP in 20092. In July 2017, the SWRCB, Division of Drinking Water adopted the CA-MCL for TCP at 0.005 µg/L. The CA-MCL and PHG for drinking water are based on potential cancer risk.

In 2018, affected Fowler residents were notified via mail that their drinking water tests results had shown that there was a higher amount of TCP than the SWRCB allows. The results showed the system exceeded the standard, or maximum contaminant level (CA-MCL), for TCP.

The standard for TCP is 0.000005 mg/L (milligrams per liter) which is equivalent to 0.005 µg/L (micrograms per liter). The average level of TCP over the last year was 0.000006 mg/L OR

0.006 µg/L.

For clarification, 0.001 µg/L equals 1 nanogram per liter. Micrograms per liter (μg/L) 2https://oehha.ca.gov/water/public-health-goal/final-public-health-goal-123-trichloropropane-dri nking-water
1 https://www.waterboards.ca.gov/gama/docs/coc_tcp123.pdf 2024 - 2025 Fresno County Civil Grand Jury
4 199
Section 10, Item B
City of Fowler Water
equals parts per billion (ppb). Nanograms per liter (ng/L) equals parts per trillion (ppt). If there are 1 trillion grains of sand and 6 grains of that sand were red, that is the amount of TCP detected in the water, with the standard allowing only 5 red grains of sand per trillion. The City missed meeting the new limit, albeit slightly. In 2018, the City filed a lawsuit against the Shell Oil Company, the Dow Chemical Company and various other TCP-related businesses seeking to recover the costs associated with restoring the drinking water supply well.

Quarterly water samples are collected by the City Water Department operators and are sent to an accredited third-party laboratory to perform the compliance monitoring test. The testing results are sent from the laboratory directly to the SWRCB where the results are posted on their website (Water Quality Sampling Results)
3 and are available to the public. The
SWRCB granted the City an extension to complete the installation of the needed treatment facilities for Well #7.

The City’s water system is supplied by six (6) groundwater wells feeding into a single pressure zone. That pressure zone consists of the entire City’s water distribution system.

Cycling between these wells is necessary to provide adequate exercising of the wells and to meet water demand in various parts of the City. Well #7, the affected well, is producing slightly over twenty-five percent (25%) of the water for the City. Taking Well #7 off-line without a new source of water would compromise the City’s ability to provide adequate water to meet the needs of its consumers and for fire protection needs.

The system does not utilize any water storage tanks other than small hydropneumatic tanks located at each well site. An elevated water storage tank is still present but has been decommissioned and is not in use.

The SWRCB sampling protocol for TCP requires that the City sample each water source (well), not the distribution system. Therefore, it is possible that TCP levels in the distribution 3 https://sdwis.waterboards.ca.gov/PDWW/JSP/WSamplingResultsByStoret.jsp?SystemNumber=1010006&tinwsys_is_ number=879&FacilityID=008&WSFNumber=17623&SamplingPointID=008&SystemName=CITY+OF+FOWLER&Sam plingPointName=WELL+07&Analyte=&ChemicalName=&begin_date=&end_date=&mDWW= 2024 - 2025 Fresno County Civil Grand Jury
5 200
Section 10, Item B
City of Fowler Water
system may not be as high as at Well #7 in much of the system due to blending of water from each of the wells as they come on by demand throughout the entire system. There is currently no sample data from the distribution system to substantiate that blending in the system has lowered levels of TCP below the CA-MCL.

METHODOLOGY
The Grand Jury conducted interviews with employees of the City Public Works Department including the Water Department regarding the methods and standard procedures of the Public Works Department. In addition, the Grand Jury reviewed the various training programs available and required of the Water Department staff.

Interviews were also conducted with members of the City management. Inquiries were made regarding well locations, maintenance, construction, as well as financial information for the water system. The Grand Jury also examined the publicly-available web pages of both the City and the SWRCB for various water testing related information.

To fully understand the information being investigated, the Grand Jury also interviewed personnel from the SWRCB.

DISCUSSION
The Annual Water Quality Report (Annual-Water-Quality-Report-2023.pdf) 4 released by
the City gives citizens “a snapshot of the last year’s water quality.” This yearly report has been showing the TCP levels in violation every year since 2019. It also showed for multiple years that a filtering system was being planned or designed, but it had yet to be installed. The Grand Jury found there were several challenges the City faced since it exceeded the TCP CA-MCL. Due to the high cost associated with installing a new filtration system to capture the TCP, the City could not afford to install the Granular Activated Carbon (GAC) filtration system without some funding help. The City had to wait until the lawsuit with the Dow Chemical Company and others was settled to see what funds they would have available to install the filtration system. 4 https://fowlercity.org/wp-content/uploads/2024/06/Annual-Water-Quality-Report-2023.pdf 2024 - 2025 Fresno County Civil Grand Jury
6 201
Section 10, Item B
City of Fowler Water
The lawsuit was settled in early 2021. Once the City knew they would have the funds available, the planning began for the installation of the filtration system. Unfortunately the design engineers were approximately 60% complete with the design phase when it was discovered the City did not own the additional property needed for the GAC. Acquiring the property delayed the project. It wasn’t until March 2023 when an agreement to acquire the property was completed.

The filtration system should address the TCP CA-MCL violation issued by the SWRCB and bring the City’s water system into compliance with the TCP below the 0.005 µg/L limit in the future. The Well #7 TCP treatment funding source is primarily from the TCP litigation settlement in 2021 in the amount of $5 million. The City is building a new well and has secured the funding for construction.

The Grand Jury reviewed current and future training needs for the employees working at water wells and water testing and treatment sites. While a training program seems to exist for the water operators, the program has not been disseminated to the operators. All operators should have written procedures and/or checklists for the tasks they perform. This is important for several reasons including: safety, efficiency, training, productivity and succession planning.

A simple checklist could help eliminate the possibility of the quarterly water samples not being submitted on time. There were instances of the quarterly samples being submitted late to the SWRCB. It should be noted that the City pays for the training of employees, as well as offering new training to current employees requiring training to further their certifications for their position.

The City will need to plan for on-going maintenance of the filtration system. This will include periodic testing of the treated water to determine when the filtration media is spent and no longer removing TCP, disposal of the spent media, replacement of the media and all associated costs. The City recently increased its water rates on July 1, 2024 incorporating a 5% annual increase each year thereafter for a five (5) year period (City-of-Fowler-Water-Rate-Study-FY-2023-2024.pdf)
5 . The water rate study showed that since
2015, the City’s Water Department operating costs had increased and the operating costs were 5 https://fowlercity.org/wp-content/uploads/2024/03/City-of-Fowler-Water-Rate-Study-FY-2023-2024.pdf 2024 - 2025 Fresno County Civil Grand Jury
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then exceeding the revenues. While the operating and maintenance costs associated with managing the GAC are not fully known at this time, the City should work with other entities who have installed GAC filtration to determine the additional costs associated with the system. To ensure the water customers are not surprised by possible additional increases to their water rates due to the GAC, the City should provide periodic reporting and transparency about the costs once the GAC is up and running.

When reviewing the City’s Public Works Water website
(https://fowlercity.org/public-works/water/), the Grand Jury found the documents scattered throughout the page make it hard to find certain reports. The website could be more user friendly and organized to allow citizens to easily find links and data. Putting the links to useful water quality informational sites such as the 2024 Lead Service Inventory Public Transparency Dashboard (120Water - Public Water System Service Lines) 6 or the SWRCB SAFER dashboard
(SAFER Dashboard | California State Water Resources Control Board) 7 in one section, the
annual reports in another section, the water rates in another section, etc. would be helpful. Also, with the significant upcoming capital improvement projects, including the filtration system in the works now, the City may want to consider providing periodic (quarterly) updates on the capital improvement progress. The Redwood City’s Public Works Water (Water | City of Redwood City)
8 webpage is an example of a simple organized web page. A user-friendly website that citizens can navigate and understand easily helps provide a positive interaction and enhance transparency.

CONCLUSIONS
The Fresno County Civil Grand Jury found the City of Fowler to be addressing the water contamination issue. The City initially addressed the issue quickly however, with no funding to fix the issue, the City could do little until the lawsuit was settled and the needed settlement funds were received. The City has received the funds and will hopefully have a reduction in their TCP levels below the limit, preventing future violations by the City of 8 https://www.redwoodcity.org/residents/water
7 https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/saferdashboard.html 6 https://pws-ptd.120wateraudit.com/fowlerca
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Fowler on their Annual Water Quality reports
In addition, it should be noted that the City of Fowler's Public Works, Water Department has made significant improvements in its processes over the past year. The team continues to do their best with the resources available.

FINDINGS
F1. Not all City of Fowler Public Works, Water Department operators knew written procedures and/or checklists existed for their day to day operation tasks as the procedures were recently developed for the department by the new Public Works Director.

F2. The City of Fowler’s water reports are submitted occasionally late to SWRCB due to the absence of the report deadline checklists to remind users.

F3. The City of Fowler Public Works, Water Department website information is not organized in a user friendly, searchable format and is outdated, with the most recent reports not being added in a timely period.

F4. A maintenance and budget plan for the ongoing operation of the soon to be installed GAC filtration system in the City of Fowler has not been developed.

F5. While only one of the City of Fowler’s six wells is above the CA-MCL for TCP, all wells, including the TCP contaminated well, must be utilized to satisfy consumer demands and fire protection requirements.

F6. The City of Fowler has been aware of elevated TCP levels in Well #7 since 2018; however, funding to mitigate TCP contamination was delayed because of litigation. 2024 - 2025 Fresno County Civil Grand Jury
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RECOMMENDATIONS
R1. Training for all Public Works, Water Department operators, including written procedures and/or checklists, should be disseminated and implemented for ease of access, continuity and succession planning by the City of Fowler’s Public Works Director by March 31, 2026. (F1)
R2. The City of Fowler’s Public Works Director should develop a process and or procedure to ensure required water board reports are completed and returned on time to the California State Water Resources Board by October 31, 2025. (F2) R3. The City of Fowler Public Works, Water Department webpage should be improved making it more user friendly, accessible and straightforward to easily find all water information and important links to enhance transparency by the City of Fowler’s Public Works Director by March 31, 2026. (F3)
R4. A maintenance and budget plan for the ongoing operation of the soon to be installed GAC filtration system should be developed by the City of Fowler’s Public Works Director by March 31, 2026. (F4)
R5. The City of Fowler Public Works, Water Department should proactively develop plans to increase water system capacity and fire protection needs through new well development, distribution interconnectivity and above ground storage facilities that would assist in providing potable water to Fowler citizens if TCP contamination extends to another City of Fowler water well by March 31, 2026. (F5, F6)
R6. The City of Fowler Public Works, Water Department should identify and establish a water sampling location(s) within the distribution system (apart from well sources mandated by SWRCB) and use the location(s) to begin compiling water quality data from quarterly water samples by September 30, 2025. (F5)
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REQUIRED RESPONSES
Pursuant to California Penal Code section 933 and 933.05, each entity or individual named below must respond to the enumerated Findings and Recommendations within specific statutory guidelines.

Responses to Findings shall be either:
● The respondent agrees with the finding; or
● The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore.

Responses to Recommendations shall be one of the following:
● The recommendation has been implemented, with a summary regarding the implemented action; or
● The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation; or
● The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency where applicable. This time frame shall not exceed six months from the date of the publication of the Grand Jury report; or
● The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.

Required response within 90 days:

City of Fowler City Council (F1 - F6) (R1 - R6)

INVITED RESPONSES
City of Fowler Director of Public Works and Public Utilities (F1 - F6) (R1 - R6) 2024 - 2025 Fresno County Civil Grand Jury
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Responses are to be sent to:

The Honorable Judge Houry A. Sanderson
Fresno County Superior Court
1100 Van Ness Avenue
Fresno, CA 93724-0002

WORKS CITED
California State Water Resources Control Board website, Home Page | California State Water Resources Control Board or https://www.waterboards.ca.gov/ California State Water Resources Control Board website - SAFER Dashboard | California State Water Resources Control Board or
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/saferdashboard.ht ml
California State Water Resources Control Board website -Frequently Asked Questions:

Per-and Poly-fluoroalkyl Substances (PFAS) Water Monitoring or https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/pfos_a nd_pfoa/pfas%20faq_final.pdf
California State Water Resources Control Board website, Water Quality Sampling Results or
https://sdwis.waterboards.ca.gov/PDWW/JSP/WSamplingResultsByStoret.jsp?SystemNu mber=1010006&tinwsys_is_number=879&FacilityID=008&WSFNumber=17623&Samp lingPointID=008&SystemName=CITY+OF+FOWLER&SamplingPointName=WELL+0 7&Analyte=&ChemicalName=&begin_date=&end_date=&mDWW=#
CITY OF FOWLER VS THE DOW CHEMICAL COMPANY ET AL | Court Records - UniCourt or
https://unicourt.com/case/ca-sfc-city-of-fowler-vs-the-dow-chemical-company-et-al-5222 25 California State Water Resources Control Board website -1,2,3,-Trichloropropane (1,2,3 - TCP) | California State Water Quality Control Board or
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/123TCP.html 2024 - 2025 Fresno County Civil Grand Jury
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California State Water Resources Control Board website - Resolution Adopting a Policy Handbook Establishing a Standard Method of Testing and Reporting of Microplastics in Drinking Water or
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/micropl astics/rs2022-0032.pdf
California State Office of Environmental Health Hazard Assessment website -https://oehha.ca.gov/water/public-health-goal/final-public-health-goal-123-trichloroprop ane-drinking-water
City of Fowler TCP Report 4th Quarter 2024 - TCP-Report-4th-Quarter-2024.pdf or https://fowlercity.org/wp-content/uploads/2024/12/TCP-Report-4th-Quarter-2024.pdf California State Water Resources Control Board website - TCP Fact Sheet or https://www.waterboards.ca.gov/gama/docs/coc_tcp123.pdf California State Water Resources Control Board website - 123tcp_map_5ppt.pdf or https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/123-tcp /123tcp_map_5ppt.pdf
2021 City of Fowler Water Model Report - FCC-Agenda-05042021.pdf or https://fowlercity.org/wp-content/uploads/2021/04/FCC-Agenda-05042021.pdf Redwood City Water website - Water | City of Redwood City or https://www.redwoodcity.org/residents/water
California Senate Bill 1422: The Safe Drinking Water Act for Microplastics or https://www.clearwaterinnovation.org/post/california-senate-bill-1422-the-safe-drinkingwater-act-for-microplastics City of Fowler Water Rate Resolution - Water-Rate-Resolution-No-2727.pdf or https://fowlercity.org/wp-content/uploads/2025/02/Water-Rate-Resolution-No-2727.pdf 2024 - 2025 Fresno County Civil Grand Jury
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DISCLAIMER
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

You can help create a report like this. Go to Civil Grand Jury | Superior Court of California | County of Fresno and apply to be a member of the Civil Grand Jury. (https://www.fresno.courts.ca.gov/divisions/jury-service/civil-grand-jury) 2024 - 2025 Fresno County Civil Grand Jury
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CITY OF FOWLER
Official Response to the Fresno County Civil Grand Jury Report No. 4 (2024–25) “How is the City of Fowler Addressing Water Contamination?” Submitted to:

The Honorable Houry A. Sanderson
Presiding Judge, Fresno County Superior Court
1100 Van Ness Avenues
Fresno, CA 93721
Submitted by:

City of Fowler
128 S. 5th Street
Fowler, CA 93625
Date: December 2, 2025
Findings and Responses
Finding F1
Finding: Not all City of Fowler Public Works/Water Department operators knew written procedures and/or checklists existed for their daily operational tasks.

Response: The City agrees with this finding. Since early 2024, the Public Works & Utilities Department has developed and begun implementing written standard operating procedures (SOPs). Full dissemination and staff training will be completed by March 31, 2026.

Finding F2
Finding: Water reports are occasionally submitted late to the SWRCB due to the absence of deadline checklists.

Response: The City agrees with this finding. The City has developed a compliance calendar and reporting matrix for SWRCB submittals. This was implemented on October 31, 2025. 210
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Finding F3
Finding: The City’s Public Works/Water Department webpage is outdated and not userfriendly.

Response: The City agrees with this finding. A new city website was launched in September 2025. The portion of that website dedicated to Public Works/Water Department is currently being developed with full implementation targeted for March 31, 2026.

Finding F4
Finding: A maintenance and budget plan for the upcoming Granulated Activated Charcoal (GAC) filtration system has not yet been developed.

Response: The City agrees with this finding. The GAC facility is currently under construction with an anticipated completion date of early spring, 2026. Recommendation and Response R4 outlines budgeting for GAC operations and maintenance.

Finding F5
Finding: While only one of the City’s six wells is above the CA-MCL for TCP, all wells must be utilized to meet consumer and fire protection demand.

Response: The City agrees with this finding. The City’s water system operates in a single pressure zone. Wells are rotated to ensure flow and compliance.

Finding F6
Finding: The City has been aware of elevated TCP levels in Well #7 since 2018, but mitigation funding was delayed due to litigation.

Response: The City agrees with this finding. The City filed suit in 2018 and received the final settlement payment in January 2024. These funds were allocated to GAC construction and operation to provide appropriate mitigation and TCP treatment to reduce TCP levels below the CA-MCL for TCP.

Recommendations and Responses
Recommendation R1
Recommendation: Training for all Public Works/Water Department operators should be implemented by March 31, 2026.

Response: The recommendation will be implemented. Training modules will be developed and completed by March 31, 2026.

Recommendation R2
Recommendation: Develop a process to ensure timely SWRCB report submissions by October 31, 2025.
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Response: The recommendation has been implemented. A digital reporting tracker was implemented and active by October 31, 2025.

Recommendation R3
Recommendation: Improve the Public Works/Water webpage for transparency by March 31, 2026.

Response: The recommendation will be implemented. Webpage restructuring will be completed by March 31, 2026.

Recommendation R4
Recommendation: Develop a maintenance and budget plan for the GAC filtration system by March 31, 2026.

Response: The recommendation will be implemented. Preliminary operations and maintenance schedules and cost estimates have been prepared and will be included in the FY 2025-26 budget by March 31, 2026.

Recommendation R5
Recommendation: Develop plans to increase water system capacity and fire protection through new wells and storage.

Response: The recommendation will be implemented. Well 9 construction is in progress, with completion anticipated by April 2026. The City’s Water Master Plan will be updated in 2026 to include storage feasibility.

Recommendation R6
Recommendation: Establish additional distribution system sampling locations by September 30, 2025.

Response: The recommendation will be implemented. Staff will identify representative sampling points and expand monitoring beginning in 2026.

Summary Statement
The City of Fowler appreciates the Grand Jury’s acknowledgment of progress since 2018 and concurs that transparency, procedural documentation, and infrastructure planning will strengthen public confidence. The city is committed to ensuring safe, compliant, and sustainable drinking water for all residents.
______________ _____________
Juan Mejia, Mayor
City of Fowler
__________________ _________
Eric M. Rocha
Director of Public Works & Public Utilities
City of Fowler
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CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: DAWN E. MARPLE, City Planner
SUBJECT: AUTHORIZE the City Manager to amend the agreement with County of Fresno for the implementation of the Community Development Block Grant (CDBG) Program for the year 24-25 for the Fowler Panzak Park ADA Improvements Project funds

EXECUTIVE SUMMARY
This action would authorize the City Manager to execute an amendment to Agreement No. 25- 468 (Agreement) between the County of Fresno and the City of Fowler for the use of CDBG funds for the Fowler Panzak Park ADA Improvements Project. The original Agreement was approved by City Council on August 5, 2025. The City of Fowler entered into Agreement 25- 468 with the County of Fresno on September 9, 2025.

BACKGROUND
At the April 16, 2024, City Council meeting, the Council directed staff to allocate approximately 66% of the Program Income funds toward ADA improvements in the downtown core.

Subsequently, at the November 18, 2024, meeting, Council authorized staff to proceed with ADA improvements in and around Panzak Park and along Merced Street, utilizing the entirety of the City’s CDBG Program Income and the County’s CDBG pool allocation for this project.

On September 9, 2025, the County and the City entered into Agreement 25-468 ("Agreement"), in which $766,000 in CDBG funds were made available to the City for the Fowler Panzak Park Improvement Project. The City is in need of an additional $212,408 in CDBG funding to complete the Project and reduce local financial contribution. The County can provide that additional amount $212,408 in CDBG funds needed for the Project from the City’s 2025-2026 allocation as approved by the County of Fresno Board of Supervisors on August 5, 2025. The County and City agree to amend the Agreement as follows:

On Page 1, Lines 14-18, will be amended to read: the City has estimated that the total cost of the Project is $1,121,781, and the City has committed local funds to the Project in the amount of $143,373 and requested the sum of $978,408 from the County's allocation of CDBG funds to complete the Project. The County can provide $978,408 in CDBG funds needed for the Project from City-generated CDBG program income and from the City’s 2025-2026 allocation.

The proposed funding summary for the Project on Page 2, Lines 27 and 28, is amended to read:
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CDBG $978,408
Local Financial Contribution $143,373
Total $1,121,781

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

ENVIRONMENTAL REVIEW
CEQA
The improvements associated with the project would be exempt from further environmental analysis pursuant to California Environmental Quality Act Section 15302 (Replacement or Reconstruction) and 15303 (New Construction or Conversion of Small Structures). The improvements would result in the repair and replacement of existing facilities, with other minor public infrastructure improvements also being added to the existing park and its surrounding area. None of the improvements would result in the expansion of the use, nor would they result in any potential to significantly impact the environment. Should the project be approved, a Notice of Exemption would be filed with Fresno County and posted on the State Clearinghouse website.

NEPA
As a federally funded project, compliance with the National Environmental Policy Act (NEPA) is required. Fresno County is administering this CDBG funded project and will prepare the NEPA analysis and findings.

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

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

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

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

Policy OS-2
The City shall develop and maintain an open space network that provides both passive and active recreation opportunities.

Policy OS-17
The City shall use a broad range of funding and economic development tools to ensure high quality development, maintenance, and programming of the City parks, trails, and recreation system.

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

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

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

FISCAL IMPACT
CDBG Urban County Allocation, CDBG Program Income, and Measure C local funds will be used for this project.

PROCUREMENT PROCESS
This is an amendment to the agreement between the City and the County and no procurement process is needed.

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

Attachment:

Original Agreement between County of Fresno and City of Fowler Amendment I to Agreement 25-468
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28 AGREEMENT
THIS AGREEMENT (“Agreement”) is made this ______ day of ___________, 2025 (“Effective Date”), by and between the County of Fresno, a political subdivision of the State of California ("County"), and the City of Fowler ("City").

WITNESSETH
WHEREAS, the County has been designated as the sponsoring agency to administer and implement the Community Development Block Grant (“CDBG”) Program activities for the County, and its participating cities, in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California; and WHEREAS, CDBG funding has been made available to the County for housing and community development activities; and
WHEREAS, the City has submitted the Fowler Panzak Park ADA Improvements Project No. 24231 (“Project”) for CDBG funding; and
WHEREAS, the City has estimated that the total cost of the Project is $1,121,781, and the City has committed local funds to the Project in the amount of $355,781, and needs $766,000 in CDBG funding to complete the Project; and
WHEREAS, the County can provide $766,000 in CDBG funds needed for the Project from City-generated CDBG program income; and
WHEREAS, the Project is consistent with the objectives of the Fresno County Consolidated Plans, including the 2024-2025 Annual Action Plan and 2025-2026 Annual Action Plan.

NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the City and County agree as follows:

I. PROJECT DESCRIPTION, LOCATION AND BUDGET
A. The Project consists of accessibility improvements within an existing park, reconstructing sidewalk, curb, and gutter around the perimeter of the park, the addition of sidewalk for accessibility within the park, reconstruction of ADA curb ramps to meet current ADA standards, modification of on-street parking to provide new ADA stalls with ramps, and installation of a rubberized tile system beneath existing playground equipment. The Project is located in the 25-0813
9 th September
Agreement No. 25-468
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28 existing Fowler Panzak Park on the North East corner of 2nd and Merced Streets in the City of Fowler.

B. The Project site is owned by the City.

C. The work to be funded with CDBG funds is as follows:

1. Obtain all necessary permits.

2. Perform all necessary design engineering, including, but not limited to, surveying; testing; preparation of plans, specifications, and cost estimates, bid documents and a cost or price analysis; review of bids and recommendation for award.

3. Prepare and advertise Project bid notices and award construction contracts including, but not limited to, the printing of bid documents; publishing of notices; and preparation of bid summary.

4. Perform all construction engineering including, but not limited to, shop drawing review and approval; contract change order preparation; surveying; staking; inspection; soil testing; materials testing; preparation of "as-built" drawings; labor compliance; and contract administration.

5. Provide related eligible improvements.

D. The Project budget is estimated by the City as follows:

Construction $1,022,781
Design & Construction Engineering 97,000
Contingency, Permits & Misc. 2,000
Total $1,121,781
E. Notwithstanding the City’s estimates described in the above-described Project budget, payments for the Project from CDBG funds shall be limited to the City’s actual costs expended by the City, and in any event shall not exceed the total amount of $766,000. In the event CDBG funds are not sufficient, the City shall complete the Project using its own funds.

F. The proposed funding for the Project shall be provided from the following sources:

CDBG $766,000
Local Financial Contribution 355,781
Total $1,121,781
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28 G. Prior to any proposed changes that may occur which would modify the scope of the Project, the City shall submit a written request to the County. The City shall send its written request to:

Community Development Grants
County of Fresno
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
If the Director of the County Department of Public Works and Planning (“Director”) determines the modified Project is still eligible under the Federal CDBG regulations, then the Director has the authority to modify the scope, so long as the modifications do not change the fundamental nature of the Project. The Director shall specify in a letter to the City that such modifications to the scope of the Project are authorized, and if the City may proceed.

II. OBLIGATIONS OF THE COUNTY
A. The County shall reimburse the City up to, but not more than, $766,000 in CDBG funds for the Project for the City’s performance of its obligations under this Agreement. All funds shall be paid to the City in accordance with Section V-A of this Agreement.

B. The County shall review, within thirty (30) calendar days of receipt from the City, the engineer selection process description and summary of the analysis, as prepared by the City, to verify that a competitive process was conducted in accordance with U.S. Department of Housing and Urban Development (HUD) procurement standards. If such conditions have been met, the Department of Public Works and Planning, Community Development Division (Division) shall specify in a letter to the City that these conditions have been met, and that the engineering contract can be awarded.

C. The County shall review, within thirty (30) calendar days of receipt from the City, the design plans and specifications for the Project, as prepared by the City, for compliance with Federal regulations, and the total Project cost estimate, to determine whether sufficient funds are available to complete the Project. If such conditions have been met, the Division shall specify in a letter to the City that these conditions have been met and that the Project can be advertised.

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28 an approval letter from the Division.

D. The County shall also review, within twenty-one (21) calendar days of receipt from the City, the name of the low bidder, and cost or price analysis of the low bid proposal prepared by the City, to determine whether the contractor will be reasonably compensated in accordance with Federal requirements, and to verify the contractor is bonded, and has not been disbarred or suspended from participating in Federal projects. If such conditions have been met, the Division shall specify in a letter to the City that these conditions have been met, and that the contract can be awarded. If such conditions have not been met, the Project will not move forward unless the City receives an approval letter from the Division.

E. The County shall attend the pre-construction meeting between the City and the contractor to discuss labor compliance requirements for the Project, Project monitoring, and to inform the City and contractor that the County will conduct field reviews to determine whether labor compliance and other conditions of the construction contract are being met.

F. The County shall conduct periodic inspections of the Project, as may be required, in the determination of the County, that the intended use and group of beneficiaries of the Project, as identified by the City in the application, have not changed. Upon completion of the Project, but prior to the City’s acceptance of the Project, the County shall conduct a final inspection of the Project. If such conditions have been met, the Division shall specify in a letter to the City that the conditions of this Section have been met. If such conditions have not been met, the Project will not move forward unless the City receives an approval letter from the Division.

G. Notwithstanding anything to the contrary in this Section II or Section III of this Agreement, the County’s determinations and actions under this Section II and Section III of this Agreement are solely for the benefit of the County, as the provider of the CDBG funding stated herein, and do not relieve the City of its obligations, or lessen the City’s obligations, under this Agreement.

III. OBLIGATIONS OF THE CITY
A. The City shall provide any and all sums of money in excess of $766,000 which may be necessary to complete the Project. For the purposes of awarding the construction 219
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28 of the Project within the Agreement amount, the bid documents may include any proposed additive or deduct alternatives.

B. The City shall perform, or cause to be performed, all engineering work required for the Project.

C. In selecting an engineer to perform any engineering work required for the Project, the City shall go through a competitive process in accordance with Chapter 4.10 of the Ordinance Code of Fresno County, and HUD procurement standards. Prior to selection of the engineer, the City shall prepare a written description of the process, perform a cost or price analysis, and submit the process description and summary of the analysis to the Division for review. The City shall obtain a letter from the Division specifying that the conditions of this Section have been met.

D. The City shall specify in agreements with its consultants that all engineering work funded with CDBG funds shall become the property of the City upon payment by the City for the cost of such engineering work.

E. The City shall furnish evidence to the satisfaction of the Division, prior to the County’s authorization to advertise for bids, that it has free and clear title to all parcels of real property on which Project improvements will be located, with any liens or encumbrances noted, and/or that it has obtained or can obtain all necessary easements, rights-of-way, licenses, permits, and State and local approvals required for the completion of the Project.

F. Upon completion of the design engineering, the City shall submit the plans and specifications to the Division. The County shall ensure Federal CDBG requirements have been adhered to, and review cost estimates to, ensure sufficient funds are available. The City shall obtain a letter from the Division specifying these conditions have been met, and that the City is approved to advertise for bids to construct the Project.

G. The City shall advertise for bids, and shall award the construction contract to the lowest responsible bidder. At least ten (10) calendar days prior to the bid opening, the City shall notify the County of the date, time, and location of the bid opening.

H. Within seven (7) calendar days following the bid opening, the City shall 220
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28 furnish the Division with the name of the low bidder, and cost or price analysis of the low bid proposal prepared by the City, so that the County may verify with the Labor Relations and Equal Opportunity Division of the HUD Area Office that the low bidder is bonded and has not been debarred or suspended from participating in Federal projects, and that the contractor will be reasonably compensated in accordance with Federal requirements. The City shall obtain a letter from the County specifying these conditions have been met, and that the City is approved to award the Project for construction.

I. The City shall conduct a pre-construction meeting with the contractor, and shall notify the County Community Development Division at least ten (10) calendar days prior to the meeting, so a representative of the County may attend to discuss CDBG labor compliance requirements for the Project.

J. The City shall require the contractor, and all subcontractors, to submit labor compliance documentation, including Certified Payroll, in the manner specified by the County’s Labor Compliance Officer, including the use of electronic systems such as LCPtracker.

K. Prior to the construction start date, the City shall give written notice thereof, to the Division, to include a copy of the executed contract between the City and the Contractor and the Notice to Proceed.

L. Proposed construction contract change orders shall not proceed until prior written approval has been given by the County. Request for approval of a change order(s) shall include a narrative description of the work, a cost or price analysis in accordance with HUD requirements, a map depicting the location of the work addressed with the requested change order, and a written certification from the City that the approval of the change order is consistent with the final construction cost estimate approved by the County. In addition, the City shall certify that the change order is within the scope of the Project and is necessary to complete the Project.

M. The City shall send its written description of the engineer selection process, cost or price analyses, design plans, specifications, name of low bidder and low bid proposal, public notices, and all written correspondence to:
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28 Community Development Grants
County of Fresno
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
N. The City shall comply with the mitigation measures, conditions and notes identified in Environmental Assessment No. CD24231 (the “Assessment”). A copy of the Assessment shall be provided to the City.

O. Upon completion of the Project, the City shall notify the Division, so a representative of the Division may perform an inspection of the Project to confirm that it was completed in accordance with the scope of work approved and authorized pursuant to this executed Agreement.

P. Upon approval of Project completion by the County, the City shall provide the Division with a resolution of acceptance, or similar documentation, demonstrating that the Project was completed in accordance with the scope of work approved and authorized pursuant to this executed Agreement, and any approved subsequent amendments thereto and/or change orders, and that the City has accepted the Project. Prior to the final request for payment, the City shall also provide the County with a copy of the recorded Notice of Completion (NOC), a written summary of all Project work completed with CDBG and other funds, and documentation to demonstrate compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended.

Q. During the contract period, the City shall complete and submit annually each June 1, and upon completion of the Project, a Project Outcome Measurement Report (POM) form, a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The POM shall contain the following information for the County’s Federal reporting purposes to the U.S.

Department of Housing and Urban Development (HUD):

1. Total number of households/persons assisted.

2. Number of total households/persons assisted that:
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28 a. Now have new access to this type of public facility or infrastructure improvement.
b. Now have improved access to this type of public facility or infrastructure improvement.
c. Now are served by a public facility or infrastructure that is no longer substandard.

R. The City shall be responsible for maintenance of the Project after construction is completed, and shall perform such maintenance from non-CDBG resources.

S. The City must inform the County in writing of any program income generated by the expenditure of CDBG funds. Any program income generated as a result of the Project must be paid to the County. For purposes of this Agreement, program income is defined as proceeds from the disposition of CDBG-acquired real property, and principal and interest on CDBG loans. If the City contributed financially to the improvement Project, the City may retain a share of the program income in proportion to the City’s contribution to the Project, after the City has provided a written accounting acceptable to the County.

T. The City must obtain prior written approval from the County before making any modification or change in the use of any real property improved, in whole or in part, using CDBG funds in excess of $25,000. The City shall provide affected citizens with notice of, and opportunity to comment on, any proposed change to the use of real property improved with CDBG funds. If any real property improved with CDBG funds is sold and/or is utilized by the City for a use which does not qualify under the CDBG Program, the City shall reimburse the County in an amount equal to the current fair market value for the property, less any proportional share thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for five years after the Project is completed in HUD’s Integrated Disbursement and Information System (IDIS). In the event the CDBG program is closed out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

U. The City acknowledges that the County may periodically inspect the Project 223
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28 to ensure the property is being used as described in this Agreement. The City agrees to provide any necessary information to the County to carry out such inspections. Furthermore, the City agrees to take corrective action if the County determines that modifications to the use and location of the Project have resulted in a violation of the Federal CDBG regulations.

IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
A. The City shall, and shall cause its consultants, contractors, and subcontractors to, comply with all applicable State and Federal laws and regulations governing the Project.

B. The City must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 et. seq., and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The City shall ensure that all plans and specifications include requirements that all construction materials subject to BABA are noted as such.

C. Whenever the City uses the services of a contractor, the City shall require that the contractor comply with all Federal, State, and local laws, ordinances, regulations, and Charter of the County of Fresno provisions applicable in the performance of their work.

D. This Project is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Accordingly, the City shall require the prime contractor to complete and submit documentation prior to award of the construction contract, and upon Project completion, that compliance with the requirements of Section 3 of the Housing and Urban Development Act of 1968 clause have been met.

E. Non-Discrimination: The City agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 are still 224
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28 applicable.

F. Because the City is receiving at least $100,000 for this Project from the County's CDBG Program under this Agreement, the City shall complete and submit to the Division a "Certification of Payments to Influence Federal Transactions" form and a "Standard Form LLL - Disclosure of Lobbying Activities" form. Likewise, before the City awards a contract using at least $100,000 of such CDBG funds, the City shall require the consultant and/or contractor and all their sub-consultants and/or subcontractors to complete and submit these two (2) forms described herein to both the City and the County.

G. Records Retention: The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of four (4) years from the date of the submission of the County's consolidated annual performance and evaluation report to HUD in which the activities assisted under this Agreement are reported on for the final time. If there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited, and that have started before the expiration of the four-year record retention period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2), 570.506).

V. PAYMENT FOR THE PROJECT
A. At monthly intervals, the City shall submit a written request to the County for payment of specified costs incurred in the performance of this Agreement. The request for the County to make such a payment shall be in accordance with the exemplar Project Pay Request Form, attached as Exhibit 2, and incorporated by this reference. The request shall also be accompanied by a written certification from the City that the request for payment is consistent with the amount of work that has been completed, and that the work is in accordance with the contract documents and this Agreement. The request for payment shall also be accompanied by documentation acceptable to the County, such as invoices, or vouchers for services or materials purchased, contractor's costs, or other costs chargeable to the Project. After appropriate review and inspection, the County shall make payment from CDBG funds provided in this Agreement for 225
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28 all eligible costs specified herein up to the maximum amount payable under Section I.

B. Any savings realized in the final cost of the Project, due to Project cost and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce the amount of this Project paid for with CDBG funds, and shall be credited to the City's CDBG allocation. If the City is required to provide any funds toward the Project, any cost savings shall be first used to reimburse the City for its contribution in excess of the total amount provided by this Agreement.

C. Payment for advertising and award shall be based on the actual costs of printing and noticing.

D. The County shall not be bound by any agreement between the City and its agents.

E. Upon the completion of the Project, the City shall submit to the Division a written request for final payment of costs, which shall provide a detailed description of the Project pay items and costs. The County shall not be obligated to make any payments under this Agreement if the request for payment is submitted by the City more than sixty (60) calendar days after the NOC has been filed with the County Recorder's Office. An extension to the sixty (60) calendar day period may be granted by the Director prior to the deadline if the City can demonstrate just cause for the delay.

F. The County may withhold reimbursement of the final payment request made by the City until a final POM, recorded NOC, and written summary of all Project work completed with CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified in Sections III-P and IV-D, have been submitted to the County.

G. All requests for payment and supporting documentation shall be sent to:

Business Manager
County of Fresno
Department of Public Works and Planning
Financial Services Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
[email protected] (if submitted by email) H. The City shall establish accounting and bookkeeping procedures in 226
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28 accordance with standard accounting and bookkeeping practices, including, but not limited to, employee timecards, payrolls, and other records of all transactions to be paid with CDBG funds in accordance with the performance of this Agreement. All records and accounts shall be available for inspection by the County, the State of California, if applicable, the Comptroller General of the United States, and HUD or any of their duly authorized representatives, at all reasonable times, for a period of at least five (5) years following final payment under this Agreement, or the closure of all other pending matters, whichever is later. The City shall certify accounts when required or requested by the County.

I. The City, as a sub-recipient of Federal financial assistance, is required to comply with the provisions of the Single Audit Act Amendments of 1996 (31 U.S.C. Sections 7501 et seq.). Whenever the City expends and/or receives CDBG funds from the County for the Project, a copy of any audit performed by the City in accordance with said Act shall be forwarded to the County Community Development Grants Program Manager within nine (9) months of the end of any City fiscal year in which funds were expended and/or received for the Project. Failure to perform the requisite audit functions as required by this paragraph may result in the County performing any necessary audit tasks, or, at the County's option, the County contracting with a public accountant to perform the audit. All audit costs related to the City's failure to perform the requisite audit are the sole responsibility of the City, and such audit work costs incurred by the County shall be billed to the City, as determined by County’s Auditor-Controller/Treasurer-Tax Collector. In the event the City is only required to perform an audit under the provisions of the Act because the City is receiving CDBG funds, the County may perform, or cause to be performed, the required audit to determine whether funds provided through this Agreement have been expended in accordance with applicable laws and regulations. Any audit-related costs incurred by the County under this provision shall be charged to the County CDBG Program. The City agrees to take prompt and appropriate corrective action on any instance of material non-compliance with applicable laws and regulations.

J. The City shall send a copy of the audit to:
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28 Community Development Grants
County of Fresno
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
VI. INDEMNIFICATION
The City shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the City, or any third party that arise from or relate to the performance or failure to perform by the City (or any of its officers, agents, subcontractors, or employees) under this Agreement. The County may conduct or participate in its own defense without affecting the City’s obligation to indemnify and hold harmless or defend the County. The provisions of this Section VI shall survive the expiration or termination of this Agreement.

VII. TIME OF PERFORMANCE
A. The following schedule shall commence on the date this Agreement is executed by the County:

1. Complete Design Engineering and Submit to the County for Review – September 12, 2025

2. Complete County Review and Approval of Plans – October 14, 2025

3. Begin Advertising for Bids – November 7, 2025

4. Award Contract – December 16, 2025
B. The Project shall be completed, and NOC shall be filed with the Fresno County Recorder's Office, no later than March 20, 2026.

C. The final POM Report, written summary of all work completed, documentation demonstrating compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and request for final payment shall be submitted to the County no later than May 20, 2026.

D. The City shall give immediate written notification to the Division of any 228
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28 events that occur which may affect the above time schedule and completion date and the time schedule specified in the contract documents, or any event that may have significant impact upon the Project or affect the attainment of the Project's objectives. The Director is authorized to adjust the above schedule if, in the Director's judgment, any delay is beyond the control of the parties involved.

E. Time is of the essence in the City’s performance of this Agreement.

VIII. BREACH OF AGREEMENT
In the event the City fails to comply with any of the terms of this Agreement, the County may, at its option, deem the City's failure a material breach of this Agreement, and utilize any remedies permitted by law that the County deems appropriate. Should the County deem a breach of this Agreement material, the County shall immediately be relieved of its obligations to make further payment as provided herein. Termination of this Agreement due to breach shall not, in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of law or equity, including the recovery of damages. In addition to the termination of the Agreement by the County due to a material breach of this Agreement by the Subrecipient, the County may also terminate this Agreement for convenience, in accordance with state and federal law.

IX. TERMINATION OF PROJECT
A. If the City wishes to cancel the Project covered by this Agreement, the City shall submit a request in writing to the Division explaining just cause for the request. The County is authorized to approve such a request if it determines there is just cause for the Project’s cancellation.

B. If the City’s request to cancel the Project covered by this Agreement is approved by the County, the City shall promptly reimburse to the County the amount of all CDBG funds provided to the City for the Project. The reimbursed amount of funds shall be credited back to the City’s CDBG allocation.

X. VENUE; GOVERNING LAW
Venue for any action arising out of or relating to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties, and all interpretation and 229
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28 performance of this Agreement shall be governed in all respects by the laws of the State of California.

XI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the County with respect to the subject matter hereof, and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement.

XII. NO THIRD-PARTY BENEFICIARIES
This Agreement does not and is not intended to create any rights or obligations for any persons or entity except the parties. This Agreement is solely for the benefit of the County and the City and HUD, and there are no [other] intended third party beneficiaries of this Agreement.

XIII. AUTHORIZED SIGNATURES
The City represents and warrants to the County that:

A. The City is duly authorized and empowered to sign and perform its obligations under this Agreement.

B. The individual signing this Agreement on behalf of the City is duly authorized to do so and his or her signature on this Agreement legally binds the City to the terms of this Agreement.

XIV. ELECTRONIC SIGNATURES
The parties agree that this Agreement may be executed by electronic signature as provided in this section.

A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.

B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement 230
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28 for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.

C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).

D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.

E. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.
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1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth on 2 page one of this Agreement.
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9 CITY OF FOWLER
By ~
M: a~ ity Manager
Date: --~_ -_"S_-~ZS~--------
10 ATTEST:
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25 APPROVED AS TO LEGAL FORM:
~ t -&--
&tyAttorney
FUND NO: 0001
SUBCLASS NO: 10000
ORG NO: 7205
ACCOUNT NO: 7885
PROJECT NO: N24231
ACTIVITY CODE: 7219
JA:DI

COUNTY OF FRESNO
~~~he Board of Supervisors of the
County of Fresno
Date: q- q-;;?Oti?5'
ATTEST:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:-----'~-------
Deputy
REMIT TO:

City of Fowler
Attn: Michael Reid , City Manager
128 S 5th Street.

Fowler, CA 93291
Telephone: (559) 834-3113
26 27
28 \\Pacific\pwp\7205ComDev\- Agendas-Agreements\2025\0909 Fowler Panzak Park ADA Imps, 24231_AGT.docx July 10, 2025
17 232
Section 10 , Item D
Exhibit 1
County of Fresno
Project Outcome Measurement Report
18 Project #: 24231 Project Name: Fowler Panzak Park ADA Improvements The County of Fresno is required to submit information annually on each project funded with Community Development Block Grant (CDBG) funds, per U.S. Department of Housing and Urban Development (HUD) guidelines. As a recipient of CDBG funds from the County, the County requests that you provide the following information:

1. Years Reported: __________________ through ___________________

2. Enter the number of persons assisted that:
a. Now have new access to this type of public facility or infrastructure improvement: _______ or N/A
(New access to a public facility or infrastructure is when the facility did not previously exist and is provided for the first time.)
b. Now have improved access to this type of public facility or infrastructure improvement: _______ or N/A
(Improved access to a public facility or infrastructure is when the facility or infrastructure is improved or expanded, enabling the grantee to expand the number of people or type of service the facility provides.) c. Are served by this public facility or infrastructure improvement that is no longer substandard: _______ or N/A
(A public facility or infrastructure is no longer substandard when the CDBG funds were used to meet a quality standard, or measurably improve the quality of the facility or infrastructure.) (Note: The numbers of persons entered in a, b, and c, above, must add up to the total number of persons entered in question 3.)

3. Total number of persons assisted: _______

4. Please describe the accomplishments made on this project in the past year (i.e. construction progress). If the project is complete, please describe the overall accomplishments made on the project.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Form Completed By: _____________________________________________________ 233
Section 10 , Item D
Exhibit 2
19 Project Pay Request
Date
Business Manager
County of Fresno
Department of Public Works and Planning
Financial Services Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
Subject: Request for Payment, CDBG Project No. _________ <City Name>
<Project Title>
In accordance with the executed Agreement for the above-referenced project, the <City Name> is requesting payment of $_______ for project costs.

The City certifies that this request for payment is consistent with the amount of work that has been completed to date, performed in accordance with the construction contract documents and the executed Agreement, and as evidenced by the enclosed invoices and supporting documents.

Payee Invoice# Amount
Sincerely,
<City Manager>
<City Name>
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28 AMENDMENT I TO AGREEMENT
THIS AMENDMENT I TO AGREEMENT, (“Amendment I”), is made this ____ day of ______________, 2026 (“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the State of California ("County"), and the City of Fowler ("City").

WITNESSETH
WHEREAS, the County has been designated as the sponsoring agency to administer and implement the Community Development Block Grant (CDBG) Program activities of the County, and its participating cities, in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California; and WHEREAS, on September 9, 2025, the County and the City entered into Agreement 25- 468 ("Agreement"), whereby $766,000 in CDBG funds were made available to the City for the Fowler Panzak Park Improvement, Project No. 24231 ("Project"); and WHEREAS, the City is in need of $212,408 in CDBG funding to complete the Project and reduce local financial contribution; and
WHEREAS, the County can provide $212,408 in CDBG funds needed for the Project from the City’s 2025-2026 allocation as approved by the Board on August 5, 2025.

NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the County and City agree to amend the Agreement as follows:

1. Page 1, Lines 14-18, is amended to read:
“WHEREAS, the City has estimated that the total cost of the Project is $1,121,781, and the City has committed local funds to the Project in the amount of $143,373, and requested the sum of $978,408 from the County's allocation of CDBG funds to complete the Project; and WHEREAS, the County can provide $978,408 in CDBG funds needed for the Project from City-generated CDBG program income and from the City’s 2025-2026 allocation; and”

2. The proposed funding summary for the Project on Page 2, Lines 27 and 28, is amended to read:
"CDBG $978,408
Local Financial Contribution $143,373
Total $1,121,781"
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28 3. That the dollar figure set forth on Page 2, Line 23; Page 3, Line 13; and Page 4, Line 27, is amended in each such place to read "$978,408".

County and City agree that this Amendment I is sufficient to amend the Agreement, and that upon execution of this Amendment I, the Agreement and this Amendment I together shall be considered the Agreement.

The Agreement, as hereby amended, is ratified and continued. All remaining provisions, terms, covenants, conditions, and promises contained in the Agreement shall remain in full force and effect.
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28 IN WITNESS WHEREOF, the parties have executed this Amendment I as of the day and year first hereinabove written.

CITY OF FOWLER COUNTY OF FRESNO
BY: ______________________________ BY:________________________________ Michael Reid, City Manager Garry Bredefeld, Chairman of the Board of Supervisors of the
County of Fresno
Date: _____________________________ Date: ___________________________ ATTEST:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
BY:______________________________
Deputy
REMIT TO:

FUND NO: 0001
SUBCLASS NO: 10000 City of Fowler
ORG NO: 7205 Attn: Michael Reid, City Manager
ACCOUNT NO: 7885 128 S 5th Street.

PROJECT NO: N24231 Fowler, CA 93291
ACTIVITY CODE: 7219 Telephone: (559) 834-3113
JA:DI
G:\7205ComDev\~Agendas-Agreements\2026\0106 Amend I to Fowler Panzak Park Improvements, 24231 AGT.docx October 27, 2025
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Section 10 , Item D

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: December 2, 2025
FROM: Wyatt Czeshinski, Assistant City Planner
SUBJECT: APPROVE Resolution No. 2816:
i. FINDING that Planning Project No. 24-27 is
consistent with the City’s General Plan and General
Plan Environmental Impact Report, and is therefore
exempt from environmental review pursuant to CEQA
Guidelines section 15183, and;
ii. APPROVING Planning Project No. 24-27, subject to
conditions of approval.

EXECUTIVE SUMMARY
Planning Project No. 24-27 (“Project”) proposes a new commercial development that would include a convenience store with a quick serve restaurant (“QSR”), drive through, and a liquor license, a fueling area associated with the convenience store, and a commercial retail tenant space. The proposed liquor license and drive through are permitted with the approval of a conditional use permit (“CUP”). A lot line adjustment (“LLA”) would also be completed as a part of the Project, if the CUP is approved.

BACKGROUND
Paul Archer of Archer Engineering, on behalf of Baleegh Muharram and Dawood Hotar (“Applicant[s]”), has proposed to construct an approximately 6,045 square foot (“sqft”) commercial development, including an approximately 4,545 sqft convenience store with a QSR, an approximately 1,500 sqft commercial tenant space, and a fueling area with six (6) double sided fuel pumps and an approximately 2,592 sqft fuel canopy. The QSR within the convenience store would include the operation of a drive-through that wraps around the proposed building. Additionally, the Project is requesting approval of a Type 20 alcohol license (Off-Sale Beer and Wine). The Project has been proposed on Assessor’s Parcel Numbers (APNs) 343-350-45 & -46, located at the northwest corner of S. Fowler Avenue and W. Fresno Street (see Attachments 1 and 2) (“Project site”). The Project site is approximately 1.11 acres in size, is zoned C-1 (Neighborhood Commercial), and is designated NC (Neighborhood Commercial), by the City of Fowler General Plan. The Project site is currently vacant.

The Project was considered by the Planning Commission at their regular meeting on November 6, 2025, where the Planning Commission voted to deny the Project based on traffic 238
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and safety concerns. The Applicant submitted a timely appeal of the Planning Commission’s decision and as a result, the City Council may approve, deny, or modify the decision of the Planning Commission pursuant to Fowler Zoning Ordinance section 9.30.090, subdivision (F).

Consideration of the item by the City Council is considered a de novo (new) hearing and the Planning Commission’s decision shall serve as a recommendation to the City Council.

ANALYSIS
Conditional Use Permit
The Project is proposing operational pieces that require the approval of a CUP. Within the C-1 zone district alcohol sales and drive-throughs are all allowed with the approval of a CUP.

Alcohol Sales
While the Project would result in the sale of alcohol, if approved, the use would not be considered a “liquor store”. By definition, the Fowler Zoning Ordinance (“FZO”) defines a “liquor store” as, “Establishments that primarily sell alcoholic beverages, including beer, wine, or liquor, to the public for profit. Liquor stores may include other minor incidental sales” (FZO §

9.240.130).

The alcohol sales proposed by the Project would constitute an incidental use of the development and would not be the primary operating feature of the convenience store.

Currently, the census tract that the Project is located in is allowed five (5) “Off-Sale” (Type 20 and Type 21) alcohol licenses, with six (6) active licenses existing. The addition of an additional license to the census tract would contribute to the oversaturation of the census tract. (See Bus. & Prof. Code § 23817.5.) As a result, the City Council must approve a finding of public convenience or necessity in order for the California Department of Alcohol Beverage Control to issue a new Type 20 license for the Project. (See Bus. & Prof. Code § 23817.7.) Should the City Council vote to approve the CUP allowing alcohol sales within the proposed convenience store, the Council would also be required to make a finding of Public Convenience or Necessity in accordance with FZO section 9.205.040. Lastly, the Project site is not located within 600 feet of a church, school, daycare center, or public park in accordance with FZO section 9.205.050.

Drive-through
The Project proposes the operation of a QSR within the convenience store. The QSR would operate a drive-through that would wrap around the proposed building, with one drive-through window proposed.

Tobacco Sales
The convenience store proposes selling tobacco products as a part of its operations. Should the Project be approved, the business owner of the convenience store will be required to submit a tobacco retailer license application to the City Manager for review and approval in accordance with Fowler Municipal Code Section 5-20.01 et. seq.

Site Plan
In order for Planning Project No. 24-27 to be considered for approval, a site plan is required to be submitted for review by staff. A site plan was submitted as a part of the Project application, depicting the proposed development and use of the site by the Applicant. As described above, 239
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the Project would result in the construction of a new commercial development of approximately 6,045 sqft, including an approximately 4,545 sqft convenience store with a QSR, an approximately 1,500 sqft commercial tenant space, a fueling area with six (6) double sided fuel pumps, and an approximately 2,592 sqft fuel canopy. The Project is also conditioned to add site improvements such as landscaping, parking, and other public infrastructure improvements.

Operations
The Applicant proposes operating hours of 5:00 a.m. to 11:00 p.m., seven (7) days a week for the convenience store, and the fuel pumps would be operational 24 hours a day, 7 days a week. As discussed above, the convenience store would include alcohol and tobacco sales in addition to the drive-through QSR.

Traffic
A traffic study was prepared for the Project indicating a need for transportation facilities to be improved within the vicinity of the Project site (see Attachment 8). The existing conditions of intersections that could be affected by the Project are provided below, referenced as “Table I” from the traffic study. Below, “Table V” indicates the effects that the Project would have on the existing traffic conditions of affected intersections on the opening day of the Project. 240
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As demonstrated by the two tables above, the Project will directly result in the failure of two of the studied intersections on opening day of the Project. The two intersections that would experience failure include the intersection of State Route 99 Southbound Off Ramp and W.

Merced Street, and the intersection of State Route 99 Northbound Ramps and W. Merced Street. The existing Level of Service (“LOS”) levels for the intersections at the Northbound and Southbound ramps are currently D/B and D/C, respectively, during am/pm peak hours. LOS is judged on a scale from A-F, with A being considered generally the best and most efficient LOS, and F being the worst. Generally, an intersection experiencing LOS levels at E and F are considered failing and could pose a threat to the public’s safety. The City’s General Plan Policy MOB-5 specifically encourages LOS "C" throughout the local circulation network. It only permits LOS “D” during peak hours at intersections of major streets, at State Route 99 interchanges where additional improvements are not feasible.

Existing conditions at the subject intersections plus the completion of the Project results in LOS levels of F/C and F/E at the two aforementioned intersections, respectively. This demonstrates that the Project will worsen both intersections to a level of failure without improvements.

Additionally, the traffic study analyzed the cumulative effect of projects in process, plus the Project’s impacts to affected intersections. “Table IX” below shows the cumulative projects and the anticipated LOS for the study intersections in 2046, without the addition of the Project.

Below, “Table X” provides the cumulative effects of projects in process, plus the Project, and the anticipated LOS for the study intersections, indicating that the Project will contribute the future failure of the intersection at W. Fresno Street and S. Fowler Avenue. Without the Project, this intersection has a LOS of D/D in 2046, however when considering the inclusion of the Project, the intersection LOS level in 2046 worsens to D/E. 241
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With the immediate failure of two intersections connected to State Route 99, and the eventual failure of a third intersection at W. Fresno Street and S. Fowler Avenue, the traffic study identifies the need for improvements to be constructed in order to maintain safe circulation throughout the studied intersections. According to “Table XII” of the traffic study, the Project’s fair share contribution towards future roadway improvements is 39.63% at the intersection of State Route 99 Southbound Off Ramp and W. Merced Street; 35.07% at the intersection of State Route 99 Northbound Ramps and W. Merced Street; and 9.49% at the intersection of W.

Fresno Street and S. Fowler Avenue.
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The traffic study provides recommended improvements for each of the three intersections that result in failure as a result of the Project. For the two intersections connected to State Route 99 that would experience a failure on the opening day of the Project, the traffic study recommends the installation of traffic signals or the construction of roundabouts for both intersections. The LOS level for the two intersections under traffic signalization would be D/C and B/B, respectively.

However, while signalization would be more cost effective than roundabouts in the short term and would alleviate the immediate failure of the two intersections, City staff and Caltrans do not see this as a long-term solution. These two intersections are located within the Caltrans right of way and any improvements or modifications would require Caltrans oversight and approval. In discussions with Caltrans, the agency has indicated that they view roundabouts as the only true sustainable solution for the two intersections (see Attachment 9). As a result, Caltrans could be unwilling to approve the installation of traffic signals at the two intersections.

If traffic signals were to be installed and as traffic counts continue to increase on the west side of the City as development occurs, roundabouts may still ultimately be required to maintain a LOS consistent with the City’s General Plan. Installation of roundabouts at the two intersections would improve LOS to B/A and A/A, respectively.

As such, staff believe that the proposed roundabouts provide not only the most efficient and safe circulation through the two intersections, as presented by the traffic study, but the roundabouts also serve as the most effective use of City funds if any are contributed to the buildout of this infrastructure. City staff, Caltrans, and the Applicant have discussed the installation of “quick-build” roundabouts to serve the Project on opening day, rather than the full buildout of the two roundabouts prior to opening day of the Project.

A quick-build roundabout would involve the use of non-permanent infrastructure to place a roundabout in the subject intersections. City staff and Caltrans are supportive of the utilization of quick-build roundabouts at the two intersections with the requirement for the full buildout of roundabouts to be the ultimate improvement at the intersections. The Project has therefore been conditioned to construct two quick-build roundabouts at the two intersections to the satisfaction of the City and Caltrans. (See Ex. “A” to Res. No. 726, Condition of Approval, No.

53.)
The Project is required to contribute its fair share cost for the construction of two full buildout roundabouts, with the funds from the Project’s contribution being utilized toward the construction of two quick-build roundabouts by the Applicant. (See Ex. “A” to Res. No. 726, 243
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Condition of Approval, No. 54.) Any required capital above the Applicant’s fair share contribution to construct the two quick-build roundabouts would be initially funded by the Applicant and reimbursed in accordance with a fair share reimbursement agreement with the City. (See Ex. “A” to Res. No. 726, Condition of Approval, No. 56.) The City may also approve the use of transportation impact fee dollars to contribute to the costs associated with the required improvements in excess of the Applicant’s fair share contributions. However, any such contribution would be required to be considered and approved by the City Council in the future.

Additionally, because the intersection of W. Fresno Street and S. Fowler Avenue would not fail as a result of the Project’s traffic contributions at opening day of the Project, but further into the future, the Project would be required to pay its fair share cost for the required improvements to this intersection. The traffic study recommends the addition of an eastbound turn lane and the modification of the left-right lane to a “trap” left-turn lane. The Applicant’s fair share amount for these improvements would also be included in the fair share agreement between the Applicant and City.

Parking & Loading
The Project proposes 21 total parking stalls, with one (1) ADA stall being provided (20 total parking spaces are required). Additionally, one loading zone area is provided on site (one [1] required).

Landscaping
The Applicant will be required to submit a landscaping plan to ensure compliance with State water efficient landscaping requirements and the Fowler Zoning Ordinance. Review and approval of the submitted landscape plan and related irrigation plans are required prior to building permit issuance. Standard conditions in regard to landscaping have been imposed on the Project and are contained within the conditions of approval.

Public Infrastructure
The Project would be required to construct or make improvements to existing public infrastructure, such as sidewalk, curb, and gutter, to meet current City standards (as applicable). Two (2) drive approaches are proposed along S. Fowler Avenue, with one drive approach proposed along W. Fresno Street. The southernmost drive approach proposed along S. Fowler Avenue is required to be a right-in, right-out drive approach. Additionally, the existing drive approach along W. Fresno Street would be deconstructed and replaced with curb, gutter, and sidewalk built to City standards. The Project would also construct a new trash enclosure to City standards and underground the existing overhead electrical wires located on the southern portion of the Project site. Any sewer connections would be subject to the requirements of the Selma-Kingsburg-Fowler County Sanitation District. Drainage from the Project site would be required to flow into an existing City storm drain basin or be retained on-site.

Lot Line Adjustment
Pursuant to Fowler Subdivision Ordinance Section 107, subdivision (2)(H), the Planning Commission shall consider an LLA between two (2) or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. 244
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Due to the Project’s proposed improvements occurring over parcel lines (fuel canopy structure), the Project is required to complete an LLA to merge the two (2) parcels into one (1). An exhibit showing the proposed LLA is attached hereto as Attachment 10.

The Planning Commission voted to deny the entirety of Planning Project No. 24-27 at its November 6, 2025, meeting. As a result, the City Council must consider whether to approve the proposed LLA. Since the LLA would take land from an adjoining parcel and add it to another parcel, and because the LLA would not result in a greater number of parcel than originally existed, staff recommends that the City Council approve the proposed LLA.

Appeal
Within the 10-day appeal period following the Planning Commission’s decision, the City received an appeal letter from the Applicant on November 12, 2025 (see Attachment 7). A summary of the appeal letter is provided below.

The Applicant’s appeal is made on the basis of four points, summarized below:
 Denial of the Project was made for reasons not associated with the scope of the CUP request.
 Denial of the Project was based on public concerns of the Project which would be allowed to be approved by right.
 The Planning Commission denied the proposed LLA, which is required for the project whether the operational components requiring a CUP are approved or not. Should the Project be denied the components of the operation requiring the CUP, approval of the LLA by the Planning Commission would still be required.  Concerns of the Planning Commission in regard to traffic were mitigated by conditions of approval placed on the Project. The Planning Commission’s concerns also emphasized the aesthetics of the required roundabouts, rather than the effectiveness of their deployment.

Staff recommend that the City Council deny the Planning Commission’s recommendation, and approve Planning Project No. 24-27 as originally conditioned and recommended by staff.

Conditional Use Permit Findings (FZO § 9.35.070)
Prior to approving an application for a Conditional Use Permit, the City Council shall make all of the following findings:

1. That the proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable specific plan.

The proposed Project would result in the construction of a commercial development that would meet the development standards in the underlying C-1 (Neighborhood Commercial) zone district. The Project is also consistent with the site’s General Plan land use designation of NC (Neighborhood Commercial). The Project, as conditioned, would not conflict with the General Plan or any applicable specific plan. 245
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2. That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the Zoning Ordinance.

As conditioned, the Project meets all applicable requirements for yards, spaces, walls, fences, parking, loading, and landscaping. The Project site is adequate in size and shape to accommodate the proposed use.

3. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use, consistent with the mobility goals of the City.

As is discussed in detail throughout the “Traffic” subsection of this staff report, the Project results in the immediate failure of the intersection of State Route 99 Southbound Off Ramp and W. Merced Street, and the intersection of State Route 99 Northbound Ramps and W. Merced Street on opening day of the Project. The Project also contributes to the future failure of the intersection of W. Fresno Street and S. Fowler Avenue. In order to maintain safe and efficient traffic levels within the vicinity of the Project site and the intersections studied as a part of the Project’s traffic study, transportation infrastructure improvements have been conditioned on the Project, including the construction of two (2) quick-build roundabouts and the payment of fair share costs to the future infrastructure improvements at the intersection of W. Fresno Street and S. Fowler Avenue. (See Ex. “A” to Res. No. 726, Conditions of Approval, Nos. 53-55.)
In order for the improvements to be constructed, the Applicant has been conditioned to enter into a fair share reimbursement agreement with the City for the Applicant to be reimbursed for any costs associated with the required improvements in excess of the Applicant’s fair share percentage for each of the three intersections where a fair share contribution is required. (See Ex. “A” to Res. No. 726, Condition of Approval, No. 56.) The requirement for the construction of two quick-build roundabouts, rather than traffic signalization, is a result of coordination with Caltrans and is the position of both Caltrans and City staff that roundabouts are the most sustainable and cost effective means for addressing circulation issues in the long term.

Without the improvements as conditioned, the Project would be in conflict with the City’s General Plan (Policy MOB-5) and would put the City’s residents at potential risk due to unsafe traffic conditions resulting from lengthy queuing lengths on the southbound and northbound off ramps of State Route 99 onto W. Merced Street. Imposition of the conditions related to transportation infrastructure improvements are necessary to protect not only those utilizing the subject intersections to enter and leave the City via State Route 99, but also those residents of the City circulating from the portion of the City on the west side of State Route 99 to the eastern side of State Route 99, including trips to each of the City’s existing schools on the eastern side of the City. With the improvements as conditioned, the Project is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use, consistent with the mobility goals of the City.

4. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof.
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The Project would operate a use that is allowed within the underlying C-1 (Neighborhood Commercial) zone district. Additionally, the Project has been conditioned in order to ensure that significant adverse effects on abutting properties and their respective use(s) do not occur. Conditions of approval are based upon the City’s Zoning Ordinance, City standards, and are imposed to protect the health, safety, and general welfare of the public.

5. That the conditions stated in the resolution are deemed necessary to protect the public health, safety, and general welfare.

The Project has been appropriately conditioned in order to protect the public’s health, safety, and general welfare. Conditions of approval for the Project are contained as Exhibit “A” of the attached Resolution No. 726. All appropriate findings for the approval of the CUP could not be made without the conditions of approval imposed on the Project and attached to Resolution No. 726 as Exhibit “A”.

Public Convenience or Necessity Findings (FZO § 9.205.040) Prior to making a determination that an additional Type 20 alcohol license should be approved, the following findings must be made:

A. The proposed use is consistent with the General Plan and the Fowler Zoning Ordinance.

The sale of alcohol within a convenience store is an allowed use, with approval of a CUP, in the C-1 zone district, where the Project site is located. The C-1 zone district is consistent with the Project site’s Neighborhood Commercial General Plan land use designation. As a result, the use is consistent with both the General Plan and the FZO.

B. The proposed use is compatible with the nature, condition, and character of adjacent land uses.

The proposed use is allowed with the approval of a CUP in the C-1 zone district. Similar establishments exist within 1,000 feet of the Project site. While the Project site abuts residential land uses, an existing block wall separates the residential land uses from the commercial property that this Project would be developed upon. Additionally, the C-1 zone district is intended to provide neighborhood serving commercial uses in proximity to residential uses. As a result, the proposed use is compatible with the nature, condition, and character of the adjacent land uses.

C. The proposed use would not have an adverse effect on adjacent land uses.

The proposed use would be established consistent with the development standards of the C-1 zone district and is conditioned to prevent any adverse effects on adjacent land uses.

D. The proposed use would not result in an excessive number of similar establishments in close proximity.
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Of the (6) existing Off-Sale licenses existing in the census tract, five (5) are located within the City of Fowler. Four (4) of those five (5) existing licenses within the City are located on the east side of State Route 99, while one (1) is located on the west side of State Route 99. Limited commercially zoned property exists on the west side of State Route 99 in comparison to the existing residential development. While the Project would add another Off-Sale alcohol license approximately 1,000 feet from the existing license on the western side of the City, it would not result in an excessive amount of similar establishments in this area of the City.

E. The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals, or welfare.

One (1) of the five (5) Off-Sale alcohol licenses existing within the City limits is located on the west side of State Route 99. An additional Type 20 alcohol license on the western side of State Route 99 would not impair the integrity or character of the zone district, nor would it be detrimental to the public’s health, safety or general welfare, as conditioned.

F. Notice of hearing, if applicable, shall be given to all owners of property in the same manner as required by the related permit.

Property owners within 300 feet of the Project site and within 300 feet of the conceptual roundabout locations were sent notices of the Project via U.S. Mail on November 21, 2025, notifying them of the potential for a use involving alcohol sales to be approved.

PUBLIC NOTICE
A Notice of Public Hearing was published in The Business Journal on November 21, 2025, which is at least ten (10) days prior to the public hearing. Notice of the December 2, 2025, public hearing was also sent via U.S. Mail to property owners within 300 feet of the proposed Project on November 21, 2025. Additionally, property owners within 300 feet of the conceptual roundabout locations were sent notices of the public hearing via U.S. Mail on November 21, 2025, notifying them of the Project.
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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”].) This Project qualifies as a project under CEQA because it involves the issuance of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines section 15378, subdivision (a)(3).

The second step is to determine whether the project is subject to or exempt from CEQA. The Project would result in the construction of a new commercial development on a site that is planned and zoned for such uses. The Project aligns with the site’s NC (Neighborhood Commercial) General Plan land use designation and is consistent with the City’s General Plan Environmental Impact Report (“EIR”) under California Environmental Quality Act Guidelines section 15183.

To assess any project-specific effects of the Project, an air quality analysis was run for the Project, indicating that during operations, the Project is expected to result in a generation of 2,780 Metric Tons of Carbon Dioxide Equivalent annually (see Attachment 11). This exceeds the applicable threshold of 1,100 Metric Tons of Carbon Dioxide Equivalent per year. The City, in its General Plan Environmental Impact Report (“EIR”), adopted mitigation measures aimed at reducing potentially significant effects from the generation of greenhouse gasses. As a result, the Project could be considered consistent with the General Plan EIR if it complies with these mitigation measures. Accordingly, these mitigation measures have been made a condition of approval for the Project.

Additionally, in order to confirm that the Project would not result in a noise impact to the surrounding neighborhood, an acoustical analysis was performed (see Attachment 12). The analysis found that no significant impact would be created from development of the Project as proposed.

The City’s General Plan EIR considers the buildout of land uses identified within the General Plan. However, it did not analyze the development of infrastructure improvements such as those conditioned to be constructed as a part of the Project (i.e., the quick-build roundabouts).

The construction of the conditioned infrastructure would not result in any significant environmental impacts as the areas that would undergo these improvements are largely already developed. During construction of these improvements, circulation and emergency access may be impacted, alternate routes would be identified, and detours would be identified.

Impacts would not rise to the level that would be considered significant in nature.

Accordingly, staff recommend that the City Council find that the Project is absolved from further environmental analysis, pursuant to CEQA Guidelines section 15183. If the Project is approved, a Notice of Determination for the Project will be filed with the County Clerk and the State Clearinghouse.

GENERAL PLAN CONSISTENCY
This action (as specifically conditioned) is consistent with the following General Plan goals and policies:
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General Plan Goal LU-1
Growth occurs logically and efficiently.

General Plan Goal LU-3
Thriving commercial centers are located throughout the City.

General Plan Policy LU-1
Development shall occur in accordance with the planned land uses as shown on Figure 4-1:

Land Use Diagram.

General Plan Policy LU-19
Support neighborhood-serving commercial uses located near residential development with strong connectivity through walkable infrastructure.

General Plan Policy CDES-6
Require site plan review for all multifamily, commercial, and industrial development, to ensure consistency with all applicable development standards. Require project design to respond to site features.

General Plan Policy CDES-15
Locate parking areas within commercial projects in a manner that promotes pedestrian activity, connectivity, and amenities. Commercial loading areas and passenger drop-off and pick-up areas should also be considered in commercial site design.

General Plan Policy CDES-20
A minimum of 10% of the total surface area of all commercial developments shall be landscaped.

General Plan Policy OS-20
Require the planting of shade trees with substantial canopies within private development.

General Plan Policy OS-25
Trees shall be planted within parking lots such that a minimum of 50% of the paved area is shaded by tree canopies within 10 years of planting.

General Plan Goal MOB-3
Goods movement throughout the planning area is efficient and safe.

General Plan Goal MOB-4
The circulation system is adequately maintained.

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-5
Encourage a Level of Service (LOS) "C" throughout the local circulation network. LOS “D” may be allowed during peak hours at intersections of major streets, at State Route 99 interchanges, and along street segments where additional improvements are not feasible. LOS “D” may also be allowed along streets with the potential for a high level of pedestrian and bicyclist activity. 250
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LOS “E” may be permitted during peak hour use of certain road intersections and segments where pedestrian and bicycle activity is prioritized.

General Plan Policy MOB-13
Coordinate with Caltrans, Fresno Council of Governments (COG), Fresno County Rural Transit Agency (FCRTA), and other responsible agencies to identify the need for additional mobility infrastructure and/or services along major commuter travel corridors.

General Plan Policy MOB-20
Encourage the efficient movement of goods.

General Plan Policy MOB-21
Facilitate goods movement and delivery through internal site design of commercial and industrial areas.

General Plan Policy ED-5
Discourage passive land uses, underutilization of land, and vacant structures on available commercial sites.

FISCAL IMPACT
The Project would result in the collection of development impact fees in accordance with the most current development impact fee schedule at the time that the Project application was received by the City. Additionally, the Project would require the construction of off-site improvements in the form of two quick-build roundabouts along W. Merced Street on each side of State Route 99. While the Project would contribute its fair share of the cost towards the construction of those two roundabouts, the City may choose to contribute traffic impact funds towards the completion of both roundabouts. Any contribution of funds to the completion of this infrastructure would have to be considered by the City Council subsequent to the approval of the Project. The Project will be conditioned to enter into a fair share reimbursement agreement with the City for the required infrastructure improvements.

PROCUREMENT PROCESS
Approval of the Project does not require any City procurement.

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

Attachments
- Attachment 1: Regional Vicinity Map
- Attachment 2: Aerial Map
- Attachment 3: General Plan Land Use Map
- Attachment 4: Zoning Map
- Attachment 5: Plan Set
- Attachment 6: Operational Statement
- Attachment 7: Applicant Appeal Letter
- Attachment 8: Traffic Study
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- Attachment 9: Caltrans Comment Letter
- Attachment 10: Lot Line Adjustment Exhibits
- Attachment 11: CalEEMod Output Files
- Attachment 12: Acoustical Analysis
- Attachment 13: Resolution No. 2816
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Attachment 1: Regional Vicinity Map
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Attachment 2: Aerial Map
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Attachment 3: General Plan Lan Use Map
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Attachment 4: Zoning Map
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Attachment 5: Plan Set
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Fowler Ave and Fresno St Convenience Store and Gas Station Operational Statement
Business Overview
Our gas station and convenience store aim to provide high-quality fuel and a wide range of essential products to travelers and the local community. We are committed to delivering exceptional customer service, maintaining a safe and clean environment, and ensuring that our facilities operate efficiently and profitably.

Hours of Operation
The gas station will operate 24/7 to accommodate drivers at all hours. The convenience store will be open from 5:00 AM to 11:00 PM daily, with a focus on peak traffic times for maximum convenience to customers.

Convenience Store Operations
• The store will offer a variety of products, including snacks, beverages, tobacco products, automotive supplies, and basic groceries.
• Inventory will be managed using a point-of-sale (POS) system for real-time tracking and to ensure that popular items are always in stock.
• Regular promotions will be run to encourage sales, including combo deals on fuel and store products.
• We will maintain high standards of cleanliness, with regular sanitation of the store, particularly in high-touch areas.

Staffing and Management
• The convenience store will have 2-3 employees on shift during operational hours, ensuring customer assistance and restocking duties are handled efficiently. • Management will oversee day-to-day operations, monitor inventory levels, handle customer complaints, and ensure compliance with local and state regulations. 260
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Attachment 6: Operational Statement
November 12, 2025
Attn: Director of Community & Economic Development
City of Fowler
128 S. 5th Street
Fowler, California 93625
Re: Notice of Appeal – Planning Commission Action on Resolution No. 726 Planning Commission Meeting Date: November 6, 2025
Application/File No.: Planning Project No. 24-27
Appellant: Paul Archer of Archer Engineering, on behalf of Baleegh Muharram and Dawood Hotar
Mr. Flood,
Pursuant to Fowler Municipal Code Section 9.30.090(C), I hereby appeal the Planning Commission’s decision on the above-referenced project to the City Council of the City of Fowler.

This appeal is being submitted within ten (10) calendar days of the Planning Commission’s action, together with the applicable fees of $630 (appeal fee) and $300 (public noticing cost).

Specific Condition, Standard, or Action Being Appealed
Denial of Resolution No. 726 and all applicable Findings and Conditions.

Basis for Appeal

1. Denial Contrary to Staff Recommendation and Conditional Use Permit Scope The Planning Commission denied the Conditional Use Permit (CUP) for the drivethrough and sale of alcohol, despite staff’s recommendation for approval. The CUP was specifically for these operational elements; the underlying gas station/convenience store use is permitted by right on the property. The Commission’s denial was based on general opposition to a gas station, not the CUP-specific issues, which is outside the intended scope of review under Fowler Municipal Code § 9.35.070.

2. Public Testimony Misfocused on General Project Features Comments from the public during the hearing expressed opposition to the project as a whole — including traffic, the presence of a gas station, and general concerns about oversaturation of commercial uses. However, these concerns do not apply to the CUP, which only governs the drive-through and alcohol sales. The Planning Commission appears to have conflated general opposition with the CUP review, giving the appearance 261
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Attachment 7: Applicant Appeal Letter
of denying elements that are otherwise permitted by right. This is clear, as further conversation between members of the public and the applicant reflects this misunderstanding.

3. Lot Line Adjustment Denial Was Unwarranted
The Planning Commission denied the required Lot Line Adjustment (LLA) as part of their action. While an LLA is subject to discretionary review to ensure compliance with the Subdivision Ordinance, the denial in this case appears to have been driven by general opposition to the overall project rather than any legitimate issue with the adjustment itself. The LLA is necessary to merge the two parcels to accommodate the approved development, and there were no technical or regulatory grounds cited that would justify denying it.

4. Traffic and Operational Concerns Already Mitigated in Staff Conditions Traffic impacts and operational issues cited by the Commission were addressed in staff’s recommended conditions, including fair-share contributions to infrastructure improvements (roundabouts, lane modifications). The Commission’s denial appears to ignore these mitigations, despite them adequately addressing mobility and public safety concerns consistent with General Plan Policies MOB-5 and MOB-13.

The Planning Commissioners seemed to emphasize how a roundabout would look or be used, rather than the general traffic impacts created by the project. However, this mitigation strategy was not initiated by the applicant, but rather Caltrans and the City of Fowler.

Summary of Appeal Grounds
The appeal is based on the following key points:
• The Planning Commission denied the CUP and LLA for reasons outside the scope of the CUP review.
• Public opposition was misdirected at project elements already allowed by right. • Staff conditions sufficiently mitigate traffic and operational impacts. • Denying the LLA is procedurally unfair and unnecessary.

Requested Action
That the City Council accept the appeal and approve Resolution No. 726.

Sincerely,
Paul Archer
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Revised Traffic Impact Analysis Report
July 11, 2025
Fowler Commercial
Located on the Northwest Corner of
Fowler Avenue and Fresno Street
In the City of Fowler, California
Prepared for
Archer Engineering
15927 Cusano Plaza
Bakersfield, CA 93314
Project No. 042-004
Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103
Fresno, CA 93710
Phone: (559) 570-8991
www.JLBtraffic.com 263
Section 10, Item E Attachment 8: Traffic Study
Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Phone: (559) 570-8991
www.JLBtraffic.com
Traffic Engineering, Transportation Planning, & Parking Solutions Z:\01 Projects\042 Fowler\042-004 Fowler Fresno TIA\Report\R20250711 Fowler Commercial TIA Report.docx Revised Traffic Impact Analysis Report
For Fowler Commercial located on the Northwest Corner of Fowler Avenue and Fresno Street
In the City of Fowler, California
July 11, 2025
This Traffic Impact Analysis Report has been prepared under the direction of a licensed Traffic Engineer. The licensed Traffic Engineer attests to the technical information contained therein and has judged the qualifications of any technical specialists providing engineering data from which recommendations, conclusions and decisions are based.

Prepared by:
_________________________________
Jose Luis Benavides, PE, TE
President
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Table of Contents
Introduction and Summary ..................................................................................................................... 1 Introduction ................................................................................................................................................. 1 Summary ...................................................................................................................................................... 1 Existing Traffic Conditions........................................................................................................................ 1 Existing plus Project Traffic Conditions.................................................................................................... 1 Near Term plus Project Traffic Conditions............................................................................................... 2 Cumulative Year 2046 No Project Traffic Conditions............................................................................... 2 Cumulative Year 2046 plus Project Traffic Conditions............................................................................. 2 Queuing Analysis...................................................................................................................................... 2 Project’s Equitable Fair Share .................................................................................................................. 2 Scope of Work ........................................................................................................................................ 3 Study Facilities ............................................................................................................................................. 3 Study Intersections .................................................................................................................................. 3 Study Scenarios............................................................................................................................................ 4 Existing Traffic Conditions........................................................................................................................ 4 Existing plus Project Traffic Conditions.................................................................................................... 4 Near Term plus Project Traffic Conditions............................................................................................... 4 Cumulative Year 2046 No Project Traffic Conditions............................................................................... 4 Cumulative Year 2046 plus Project Traffic Conditions............................................................................. 4 LOS Methodology ................................................................................................................................... 5 LOS Thresholds ....................................................................................................................................... 5 Operational Analysis Assumptions and Defaults ..................................................................................... 6 Existing Traffic Conditions....................................................................................................................... 7 Roadway Network........................................................................................................................................ 7 Traffic Signal Warrants................................................................................................................................. 8 Results of Existing Level of Service Analysis................................................................................................. 8 Existing plus Project Traffic Conditions.................................................................................................. 11 Project Description..................................................................................................................................... 11 Project Access ............................................................................................................................................ 11 Trip Generation.......................................................................................................................................... 11 Trip Distribution ......................................................................................................................................... 12 Bikeways..................................................................................................................................................... 13 265
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Walkways................................................................................................................................................... 13 Transit ........................................................................................................................................................ 13 Roadway Network...................................................................................................................................... 14 Traffic Signal Warrants............................................................................................................................... 14 Results of Existing plus Project Level of Service Analysis........................................................................... 14 Near Term plus Project Traffic Conditions............................................................................................... 21 Description of Near Term Projects............................................................................................................. 21 Roadway Network...................................................................................................................................... 21 Traffic Signal Warrants............................................................................................................................... 21 Results of Near Term plus Project Level of Service Analysis...................................................................... 22 Cumulative Year 2046 No Project Traffic Conditions.............................................................................. 26 Description of 2046 Cumulative Projects................................................................................................... 26 Roadway Network...................................................................................................................................... 26 Traffic Signal Warrants............................................................................................................................... 26 Results of Cumulative Year 2046 No Project Level of Service Analysis ..................................................... 27 Cumulative Year 2046 plus Project Traffic Conditions............................................................................ 31 Roadway Network...................................................................................................................................... 31 Traffic Signal Warrants............................................................................................................................... 31 Results of Cumulative Year 2046 plus Project Level of Service Analysis ................................................... 31 Queuing Analysis .................................................................................................................................. 35 Project’s Pro-Rata Fair Share of Future Transportation Improvements.................................................. 38 Conclusions and Recommendations...................................................................................................... 40 Existing Traffic Conditions...................................................................................................................... 40 Existing plus Project Traffic Conditions.................................................................................................. 40 Near Term plus Project Traffic Conditions............................................................................................. 41 Cumulative Year 2046 No Project Traffic Conditions............................................................................. 42 Cumulative Year 2046 plus Project Traffic Conditions........................................................................... 43 Queuing Analysis.................................................................................................................................... 44 Project’s Equitable Fair Share ................................................................................................................ 44 Study Participants................................................................................................................................. 45 References............................................................................................................................................ 46 266
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List of Figures Figure 1: Vicinity Map ............................................................................................................................................ 9 Figure 2: Existing - Traffic Volumes, Geometrics and Controls............................................................................... 10 Figure 3: Project Site Plan..................................................................................................................................... 16 Figure 4: Project Only Trips (Before Pass-By) ........................................................................................................ 17 Figure 5: Pass-By Reductions................................................................................................................................ 18 Figure 6: Project Only Trips (After Pass-By)........................................................................................................... 19 Figure 7: Existing plus Project - Traffic Volumes, Geometrics and Controls............................................................ 20 Figure 8: Near Term Projects' Trip Assignment...................................................................................................... 24 Figure 9: Near Term plus Project - Traffic Volumes, Geometrics and Controls........................................................ 25 Figure 10: 2046 Cumulative Projects' Trip Assignment .......................................................................................... 29 Figure 11: Cumulative Year 2046 No Project - Traffic Volumes, Geometrics and Controls....................................... 30 Figure 12: Cumulative Year 2046 plus Project - Traffic Volumes, Geometrics and Controls..................................... 34 List of Tables Table I: Existing Intersection LOS Results................................................................................................................ 8 Table II: Project Trip Generation (Before Pass-By)................................................................................................. 12 Table III: Pass-By Reductions................................................................................................................................ 12 Table IV: Net Project Trip Generation (After Pass-By)............................................................................................ 12 Table V: Existing plus Project Intersection LOS Results.......................................................................................... 15 Table VI: Near Term Projects’ Trip Generation...................................................................................................... 21 Table VII: Near Term plus Project Intersection LOS Results ................................................................................... 23 Table VIII: 2046 Cumulative Projects’ Trip Generation .......................................................................................... 26 Table IX: Cumulative Year 2046 No Project Intersection LOS Results..................................................................... 28 Table X: Cumulative Year 2046 plus Project Intersection LOS Results.................................................................... 33 Table XI: Queuing Analysis................................................................................................................................... 36 Table XII: Project’s Fair Share of Future Roadway Improvements.......................................................................... 39 List of Appendices Appendix A: Scope of Work
Appendix B: Traffic Counts
Appendix C: Traffic Modeling
Appendix D: Methodology
Appendix E: Existing Traffic Conditions
Appendix F: Existing plus Project Traffic Conditions
Appendix G: Near Term plus Project Traffic Conditions
Appendix H: Cumulative Year 2046 No Project Traffic Conditions Appendix I: Cumulative Year 2046 plus Project Traffic Conditions Appendix J: Traffic Signal Warrants
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Introduction and Summary
Introduction
This Report describes a Traffic Impact Analysis (TIA) prepared by JLB Traffic Engineering, Inc. (JLB) for the Fowler Commercial (Project) located on the northwest corner of Fowler Avenue at Fresno Street in the City of Fowler. The Project proposes to construct a 4,545 square-foot convenience market with 12 fueling positions and a 1,500 square-foot restaurant. Based on data provided to JLB, the proposed Project is consistent with the City of Fowler 2040 General Plan. Figure 1 shows the location of the proposed Project site relative to the surrounding roadway network.

The purpose of the TIA is to evaluate the potential on-site and off-site traffic impacts, identify short-term and long-term roadway and circulation needs, determine potential roadway improvement measures and identify any critical traffic issues that should be addressed in the on-going planning process. The TIA primarily focused on evaluating traffic conditions at study intersections that may potentially be impacted by the proposed Project. The Scope of Work was prepared via consultation with City of Fowler, Caltrans and County of Fresno staff.

Summary
The potential traffic impacts of the proposed Project were evaluated in accordance with the standards set forth by the Level of Service (LOS) policies of the City of Fowler, County of Fresno and Caltrans.

Existing Traffic Conditions
• At present, all study intersections operate at an acceptable LOS during both peak periods.

Existing plus Project Traffic Conditions
• JLB analyzed the location of the existing and proposed roadways and access points relative to those in the vicinity of the Project site. A review of the existing and proposed roadways and access points indicates that they are located at points that minimize traffic operational impacts to existing and future roadway networks.
• Prior to pass-by reductions, the proposed Project is estimated to generate approximately 3,762 daily trips, 389 AM peak hour trips and 323 PM peak hour trips. • Pass-by reductions are estimated to reduce the trip generation by 563 daily trips, 58 AM peak hour trips and 48 PM peak hour trips.
• The net new trip generation, after pass-by reductions, is estimated to be 3,199 daily trips, 331 AM peak hour trips and 275 PM peak hour trips.
• It is recommended that the Project retain the existing Class II bikeway along its frontage to Fowler Avenue.
• It is recommended that the Project retain the existing pedestrian sidewalks along its frontages to Fowler Avenue and Fresno Street.
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• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during both peak periods. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements. Additional details as to the recommended improvements for these intersections are presented later in this Report.

Near Term plus Project Traffic Conditions
• The total trip generation for the Near Term Projects is 3,782 daily trips, 281 AM peak hour trips and 377 PM peak hour trips.
• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during both peak periods. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements. Additional details as to the recommended improvements for these intersections are presented later in this Report.

Cumulative Year 2046 No Project Traffic Conditions
• The total trip generation for the 2046 Cumulative Projects is 9,685 daily trips, 719 AM peak hour trips and 966 PM peak hour trips.
• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during both peak periods. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements. Additional details as to the recommended improvements for these intersections are presented later in this Report.

Cumulative Year 2046 plus Project Traffic Conditions
• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street, State Route 99 Northbound Ramps at Merced Street and Fowler Avenue at Fresno Street are projected to exceed their LOS threshold during both peak periods. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements. Additional details as to the recommended improvements for these intersections are presented later in this Report.

Queuing Analysis
• It is recommended that the City consider left-turn and right-turn lane storage lengths as indicated in the Queuing Analysis.

Project’s Equitable Fair Share
• It is recommended that the Project contribute its equitable Fair Share for those future improvements which are not covered by an existing impact fee program or grant funds. 269
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Scope of Work
The TIA focuses on evaluating traffic conditions at study intersections that may potentially be impacted by the proposed Project. On February 12, 2025, a Draft Scope of Work for the preparation of a TIA for this Project was provided to the City of Fowler, County of Fresno and Caltrans staff for their review and comment.

On March 5, 2025, the County of Fresno replied to the Draft Scope of Work stating that they had no comments. On March 5, 2025, Caltrans replied to the Draft Scope of Work stating that they had no comments. On March 17, 2025, the City of Fowler requested that the TIA include the intersection of Golden State Boulevard at Merced Street and a Cumulative Year 2046 No Project scenario.

Based on comments received, this TIA includes the intersection of Golden State Boulevard at Merced Street and a Cumulative Year 2046 No Project scenario. The Draft Scope of Work and the comments received from the lead agency and responsible agencies are included in Appendix A.

Study Facilities
The existing intersection peak hour turning movement counts were conducted at the study intersections in February 2025 and March 2025, while schools in the vicinity of the Project site were in session. The intersection turning movement counts include pedestrian and bicycle volumes. The traffic counts for the existing study intersections are contained in Appendix B. The existing intersection turning movement volumes, intersection geometrics and traffic controls are illustrated in Figure 2.

Study Intersections

1. State Route 99 Southbound Off-Ramp / Merced Street

2. State Route 99 Northbound Ramps / Merced Street

3. Golden State Boulevard / Merced Street

4. Fowler Avenue / Fresno Street

5. Fowler Avenue / State Route 99 Southbound On-Ramp
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Study Scenarios
Existing Traffic Conditions
This scenario evaluates the Existing Traffic Conditions based on existing traffic volumes and roadway conditions from traffic counts and field surveys conducted in February 2025 and March 2025.

Existing plus Project Traffic Conditions
This scenario evaluates total traffic volumes and roadway conditions based on the Existing plus Project Traffic Conditions. The Existing plus Project traffic volumes were obtained by adding the Project Only Trips to the Existing Traffic Conditions scenario. The Project Only Trips to the study facilities were developed based on existing travel patterns, the Fresno Council of Governments (Fresno COG) Project Select Zone, the existing roadway network, data provided by the developer, knowledge of the study area, engineering judgment, existing residential densities and the City of Fowler 2040 General Plan Circulation Element in the vicinity of the Project site. The Fresno COG ABM plots are contained in Appendix C.

Near Term plus Project Traffic Conditions
This scenario evaluates total traffic volumes and roadway conditions based on the Near Term plus Project Traffic Conditions. The Near Term plus Project traffic volumes were obtained by adding the Near Term related trips to the Existing plus Project Traffic Conditions scenario.

Cumulative Year 2046 No Project Traffic Conditions
This scenario evaluates total traffic volumes and roadway conditions based on the Cumulative Year 2046 No Project Traffic Conditions. The Cumulative Year 2046 No Project traffic volumes were obtained by using a combination of the Fresno COG activity-based model (ABM) (Base Year 2019 and Cumulative Year 2046) and existing traffic counts. Under this scenario, the increment method, as recommended by the Model Steering Committee was utilized to determine the Cumulative Year 2046 No Project traffic volumes. This increment was interpolated to account for a base year of 2025. The Fresno COG ABM plots are contained in Appendix C.

Cumulative Year 2046 plus Project Traffic Conditions
This scenario evaluates total traffic volumes and roadway conditions based on the Cumulative Year 2046 plus Project Traffic Conditions. The Cumulative Year 2046 plus Project traffic volumes were obtained by adding the Project Only Trips to the Cumulative Year 2046 No Project Traffic Conditions scenario. The Project Only Trips to the study facilities were developed based on existing travel patterns, the Fresno Council of Governments (Fresno COG) Project Select Zone, the existing roadway network, data provided by the developer, knowledge of the study area, engineering judgment, existing residential densities and the City of Fowler 2040 General Plan Circulation Element in the vicinity of the Project site. The Fresno COG ABM plots are contained in Appendix C.
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LOS Methodology
LOS is a qualitative index of the performance of an element of the transportation system. LOS is a rating scale running from “A” to “F”, with “A” indicating no congestion of any kind and “F” indicating unacceptable congestion and delays. LOS in this study describes the operating conditions for signalized and unsignalized intersections.

The Highway Capacity Manual (HCM) 7th Edition is the standard reference published by the Transportation Research Board and contains the specific criteria and methods to be used in assessing LOS. Synchro software was used to define LOS in this study. Details regarding these calculations are included in Appendix D.

While LOS is no longer the criteria of significance for traffic impacts in the state of California, the City of Fowler continues to apply congestion-related conditions or requirements for land development projects through planning approval processes outside of CEQA guidelines in order to continue the implementation of City of Fowler 2040 General Plan policies.

LOS Thresholds
The City of Fowler 2040 General Plan has established LOS C as the acceptable level of traffic congestion on most intersections and road segments for minor collectors, collectors, arterials, major arterials and highways within the City of Fowler. Per the City of Fowler 2040 General Plan, LOS D may be acceptable during the peak hours at intersections of major streets, State Route 99 interchanges and along street segments where additional improvements are not feasible. In this TIA, intersections of major streets with State Route 99 interchanges utilize the LOS threshold for State Route 99 in this area. Furthermore, LOS D may also be allowed along streets with the potential for a high level of pedestrian and bicyclist activity.

LOS E may be permitted during peak hour use of certain road intersections and segments where pedestrian and bicycle activity is prioritized. Therefore, the City of Fowler LOS C and D thresholds, as appropriate, are used to evaluate the potential significance of LOS impacts to study facilities within the City of Fowler Sphere of Influence (SOI).

The Fresno County General Plan has established LOS C as the acceptable level of traffic congestion on all county roads and streets that fall entirely outside the Sphere of Influence (SOI) of a City. (Fresno County, 2024). For those areas that fall within the SOI of a City, the LOS threshold of the city is used in this Report.

LOS C is used to evaluate the potential LOS impacts to Fresno County intersections and segments that fall outside the City of Fowler SOI. In this case, all study intersections fall within the City of Fowler or Caltrans SOI.

Caltrans no longer considers delay as a significant impact to the environment for land use projects and plans. According to Caltrans’ VMT Focused Transportation Impact Study Guidelines dated May 2020, Caltrans review of land use projects and plans is focused on a VMT metric consistent with CEQA. In this TIA, the study intersections of State Route 99 Southbound Off-Ramp at Merced Street, State Route 99 Northbound Ramps at Merced Street and State Route 99 Southbound On-Ramp at Fowler Avenue fall within Caltrans SOI. According to the Transportation Concept Report (TCR) for State Route 99, the concept LOS at this segment of State Route 99 is LOS D.
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Operational Analysis Assumptions and Defaults
The following operational analysis values, assumptions and defaults were used in this study to ensure a consistent analysis of LOS among the various scenarios. • The intersection of Golden State Boulevard at Merced Street utilizes Signal Timing Plans provided by the City of Fowler.
• Any recommended traffic signals utilized the following assumptions:
o Yellow time consistent with the California Manual on Uniform Traffic Control Devices (CA MUTCD) based on approach speeds with a minimum of 3.5 seconds (Caltrans, 2021) o All-red clearance intervals of 1.0 second for all phases o Walk intervals of 7.0 seconds
o Flashing Don’t Walk based on 3.5 feet/second walking speed with yellow plus all-red clearance subtracted
• The number of observed pedestrians at existing intersections was utilized under all study scenarios • A 3 percent HVF, or the existing HVF if higher, was utilized under all study scenarios • An average of 10 pedestrian calls per hour at signalized study intersections • The observed Peak Hour Factor (PHF) is utilized in the Existing, Existing plus Project and Near Term plus Project Traffic Conditions scenarios.
• Under the Cumulative Year 2046 No Project and Cumulative Year 2046 plus Project Traffic Conditions scenarios, a PHF of 0.92 is utilized during both peak periods. 273
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Existing Traffic Conditions
Roadway Network
The Project site and surrounding study area are illustrated in Figure 1. Important roadways serving the Project are discussed below.

Fowler Avenue is an existing north-south two-lane undivided adjacent to the proposed Project site. Fowler Avenue extends though the City of Fowler planning area north to the City of Fresno and south to the census-designated place of Laton. Within the City of Fowler planning area, Fowler Avenue is a two-lane undivided collector between Lincoln Avenue and Adams Avenue and a two-lane undivided arterial between Merced Street and Parlier Avenue.

Sumner Avenue is an existing east-west two-lane undivided collector in the vicinity of the proposed Project site. Sumner Avenue is a two-lane undivided collector between Kenneth Avenue and Fowler Avenue and a two-lane undivided local roadway between 5th Street and Christopher Court.

Fresno Street is an existing northeast-southwest (diagonal) collector adjacent to the proposed Project Site.

Fresno Street is a two-lane undivided collector between Stanford Avenue and Fowler Avenue, a two-lane undivided local roadway between 10th Street and 5th Street with a break at Golden State Boulevard and a two-lane undivided collector between 5th Street and 2nd Street. In this TIA, Fresno Street is considered an east-west roadway at the intersection of Fowler Avenue at Fowler Avenue.

Merced Street is an existing northeast-southwest (diagonal) collector in the vicinity of the proposed Project Site. Merced Street is a two-lane collector between Fowler Avenue and Adams Avenue. In this TIA, Merced Street is considered an east-west roadway at the intersections of State Route 99 Southbound OffRamp at Merced Street and State Route 99 Northbound Ramps at Merced Street.

Golden State Boulevard is an existing northwest-southeast (diagonal) expressway in the vicinity of the proposed Project. Golden State Boulevard is a four-lane expressway through the City of Fowler. In this TIA, Golden State Boulevard is considered a north-south roadway.

State Route 99 is an existing six-lane freeway in the vicinity of the proposed Project. State Route 99 traverses the County of Fresno and through the City of Fowler in a northwest-southeast direction and serves as the principal connection to various metropolitan areas within the Central San Joaquin Valley. The Caltrans TCR for State Route 99 classifies State Route 99 between State Route 43 and the Fresno County border as a freeway. According to the TCR for State Route 99, the threshold for this segment of State Route 99 is LOS D.
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Traffic Signal Warrants
The CA MUTCD indicates that an engineering study of traffic conditions, pedestrian characteristics and physical features of an intersection shall be conducted to determine whether installation of traffic signal controls are justified. The CA MUTCD provides a total of nine (9) warrants to evaluate the need for traffic signal controls. These warrants include 1) Eight-Hour Vehicular Volume, 2) Four-Hour Vehicular Volume, 3) Peak Hour, 4) Pedestrian Volume, 5) School Crossing, 6) Coordinated Signal System, 7) Crash Experience, 8) Roadway Network and 9) Intersection Near a Grade Crossing. Signalization of an intersection may be appropriate if one or more of the signal warrants is satisfied. However, the CA MUTCD also states that “[t]he satisfaction of a signal warrant or warrants shall not in itself require the installation of a traffic control signal” (Caltrans, 2021).

If traffic signal warrants are satisfied when a LOS threshold impact is identified at an unsignalized intersection, then installation of a traffic signal control may serve as an improvement measure. For instances where traffic signal warrants are satisfied, a traffic signal control is not considered to be the default improvement measure. Prior to assuming that an intersection will be signalized, an attempt is made to improve the intersection approach lane geometrics in order to improve its LOS while maintaining the existing intersection controls. If the additional lanes did not result in acceptable LOS at the intersection, then in those cases implementation of a traffic signal control would be considered.

Warrant 3 was prepared for the unsignalized intersections under the Existing Traffic Conditions scenario.

These warrants are contained in Appendix J. At present, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street satisfy Warrant 3 during both peak periods. Based on the operational analysis and engineering judgement, it is not recommended that any of the unsignalized study intersections be signalized.

Results of Existing Level of Service Analysis
Figure 2 illustrates the Existing Traffic Conditions traffic volumes, intersection geometrics and traffic controls. LOS worksheets for the Existing Traffic Conditions scenario are provided in Appendix E. Table I presents a summary of the Existing peak hour LOS at the study intersections.

At present, all study intersections operate at an acceptable LOS during both peak periods.

Table I: Existing Intersection LOS Results
ID Intersection Intersection Control
AM (7 - 9)
Peak Hour
PM (4 - 6)
Peak Hour
Average
Delay
(sec/veh)
LOS
Average
Delay
(sec/veh)
LOS
1 State Route 99 Southbound Off-Ramp / Merced Street All-Way Stop 25.6 D 14.7 B 2 State Route 99 Northbound Ramps / Merced Street Two-Way Stop 25.5 D 21.1 C 3 Golden State Boulevard Street / Merced Street Traffic Signal 19.0 B 18.5 B 4 Fresno Street / Fowler Avenue Two-Way Stop 14.5 B 14.2 B 5 Fowler Avenue / State Route 99 Southbound On-Ramp Two-Way Stop 10.4 B 10.4 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. 275
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042-004 - 04/21/2025 - DC
N
Not To Scale
LEGEND
# = STUDY INTERSECTION

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

ADAMS AVE

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
5 PHONE:(559) 570-8991, EMAIL: [email protected], www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704
Fowler Commercial TIA - City of Fowler
Existing - Traffic Volumes, Geometrics and Controls
Figure 2
042-004 - 05.16.2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
226(118)
29(41)
216(230)
104(152)
7(19)
333(217)
15(36)95(118)209(163)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
179(143)
567(355)
302(342)
154(217)
23(44)
2(1)
143(90) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St
108(46)
10(11)
2(4)
246(187)
47(68)265(371) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
93(139)
173(242)
252(190)
30(21)
SR 99 SB On-Ramp Fowler Ave
3 Golden State Blvd &
Merced Ave
45(24)
325(219)
127(107)
18(23)
288(216)
13(9)
103(100)301(183)
22(25)
70(41)130(292)8(15) Golden State Blvd
Merced Ave
LEGEND
# = STUDY INTERSECTION
= STOP SIGN
XX = AM PEAK HOUR TRIPS
(XX) = PM PEAK HOUR TRIPS
= TRAFFIC SIGNAL
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Existing plus Project Traffic Conditions
Project Description
The Project proposes to construct a 4,545 square-foot convenience market with 12 fueling positions and a 1,500 square-foot restaurant on the northwest corner of Fowler Avenue at Fresno Street in the City of Fowler. Based on data provided to JLB, the proposed Project is consistent with the City of Fowler 2040 General Plan. Figure 3 illustrates the latest Project Site Plan.

Project Access
Based on the latest Project Site Plan, access to and from the Project site will predominantly be from three (3) access points. The Project proposes to have two (2) access points along the west side of Fowler Avenue approximately 140 feet and 340 feet north of Fresno Street. The Project proposes to have one (1) access point along the south side of Fresno Street approximately 65’ feet west of Fowler Avenue. All access points are proposed to have full access.

JLB analyzed the location of the existing and proposed roadways and access points relative to those in the vicinity of the Project site. A review of the existing and proposed roadways and access points indicates that they are located at points that minimize traffic operational impacts to existing and future roadway networks. The Project Site Plan can be found in Figure 3.

Trip Generation
The trip generation rates for the proposed Project were obtained from the 11th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table II presents the trip generation for the proposed Project with trip generation rates for Fast-Food Restaurant without DriveThrough Window (933) and Convenience Store/Gas Station – GFA (4-5.5 k.s.f.) (945). Pass-by Reductions methodologies are consistent with Caltrans’ Guide to Preparation of Traffic Impact Studies. Absent significant consultation and empirical data which is project specific, Caltrans caps pass-by percentages at 15 percent. Prior to pass-by reductions, the proposed Project is estimated to generate approximately 3,762 daily trips, 389 AM peak hour trips and 323 PM peak hour trips. Table III presents the trip generation reductions as a result of pass-by trips. Pass-by reductions are estimated to reduce the trip generation by 563 daily trips, 58 AM peak hour trips and 48 PM peak hour trips. Table IV presents the net new trip generation after the reductions from pass-by trips. The net new trip generation, after pass-by reductions, is estimated to be 3,199 daily trips, 331 AM peak hour trips and 275 PM peak hour trips. 278
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Table II: Project Trip Generation (Before Pass-By)
Land Use (ITE Code) Size Unit
Daily AM (7-9) Peak Hour PM (4-6) Peak Hour
Rate Total Trip
Rate
In Out
In Out Total Trip
Rate
In Out
In Out Total
% %
Fast-Food Restaurant without
Drive-Through Window (933) 1.500 k.s.f. 450.49 676 43.18 58 42 38 27 65 33.21 50 50 25 25 50 Convenience Store/Gas Station
– GFA (4-5.5 k.s.f.) (945) 12 f.p. 257.13 3,086 27.04 50 50 162 162 324 22.76 50 50 137 136 273 Total Project Trips 3,762 200 189 389 162 161 323
Notes: k.s.f. = Thousand Square Feet
f.p. = Fueling Positions
Table III: Pass-By Reductions
Land Use (ITE Code)
Daily AM (7-9) Peak Hour PM (4-6) Peak Hour
Total In Out Total In Out Total
Fast-Food Restaurant without
Drive-Through Window (933) -101 -5 -5 -10 -4 -4 -8
Convenience Store/Gas Station
– GFA (4-5.5 k.s.f.) (945) -462 -24 -24 -48 -20 -20 -40 Pass-By Trips -563 -29 -29 -58 -24 -24 -48
Table IV: Net Project Trip Generation (After Pass-By)
Land Use (ITE Code)
Daily AM (7-9) Peak Hour PM (4-6) Peak Hour
Total In Out Total In Out Total
Proposed Project 3,762 200 189 389 162 161 323
Pass-By Reductions -563 -29 -29 -58 -24 -24 -48
Net Project Trips 3,199 171 160 331 138 137 275
Trip Distribution
The trip distribution assumptions were developed based on existing travel patterns, the Fresno COG Project Select Zone, the existing roadway network, engineering judgment, data provided by the developer, knowledge of the study area, existing residential and commercial densities and the City of Fowler 2040 General Plan Circulation Element in the vicinity of the Project site. The Project’s trip generation data was input into the Fresno COG Activity Based Model (ABM) in order to conduct a Project‐specific Traffic Analysis Zone (TAZ) analysis using the Fresno COG ABM (Cumulative Year 2046). The Fresno COG Project Select Zone results are contained in Appendix C. Figure 4 illustrates the Project Only Trips (Before Pass-By) at the study intersections. Figure 5 illustrates the Pass-By Reductions at the study intersections. Figure 6 illustrates the Project Only Trips (After Pass-By) at the study intersections. 279
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Bikeways
Currently, Class II bikeways exist in the vicinity of the Project along portions of Sumner Avenue, South Avenue, Sunnyside Avenue and Fowler Avenue. The Fowler Bike, Pedestrian, and Trails Master Plan recommends that Class I and Class IV bikeways be implemented adjacent to and in the vicinity of the Project Site (City of Fowler, 2023). In the vicinity of the Project Site, Class I bikeways are planned along potions of Golden State Boulevard, Sumner Avenue and Fresno Street. Class II bikeways are planned along portions of Merced Street. Class IV bikeways are planned along portions of Sumner Avenue, South Avenue and Fowler Avenue. Adjacent to the Project Site, a Class IV bikeway is planned along Fowler Avenue and a Class I bikeway along Fresno Street. Therefore, it is recommended that the Project retain the existing Class II bikeway along its frontage to Fowler Avenue.

Walkways
The Fowler Bike, Pedestrian, and Trails Master Plan classifies pedestrian facilities as either sidewalk or Class I Bike Paths, which allow for exclusive use of bicyclists and pedestrians. Adjacent to the Project site, sidewalks currently exist along Fowler Avenue and Fresno Street. In the vicinity of the Project site, sidewalks exist along portions of Sumner Avenue, Fresno Street, Fowler Avenue and Merced Street. It is recommended that the Project retain the existing pedestrian sidewalks along its frontages to Fowler Avenue and Fresno Street.

Transit
Fresno County Rural Transit Agency (FCRTA) is the transit operator in the County of Fresno. At present, there are two (2) Transit Routes that serve the City of Fowler. These include Kingsburg-Reedley Inter-City Transit and Southeast Inter-City Transit. Kingsburg-Reedley Transit runs in the vicinity of the proposed Project via Golden State Boulevard. This route provides a direct connection to the cities of Kingsburg, Fowler, Selma, Parlier and Reedley. The closest stop is located a walking distance of approximately 0.5 miles east of the proposed Project near the Adventist Health Clinic. Southeast Transit runs in the vicinity of the proposed Project via Golden State Boulevard. This Route provides a direct connection to the cities of Kingsburg, Fowler, Selma and Fresno. The closest stop is located a walking distance of approximately 0.5 miles east of the proposed Project near the Adventist Health Clinic.

Kings Area Rural Transit (KART) is the transit operator in the County of Kings. KART Route 17 runs in the vicinity of the proposed Project via Golden State Boulevard. This Route provides a direct connection to the Hanford Transfer Center, Selma Kaiser Hospital, Fowler Children’s Hospital, Fresno Fulton Mall, Fresno Community Center, Fresno Veteran’s Hospital and Selma Kaiser Hospital. The closest stop is located a walking distance of approximately 0.5 miles east of the proposed Project near the Adventist Health Clinic.

Retention of the existing and expansion of future transit routes is dependent on transit ridership demand and available funding.
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Roadway Network
The Existing plus Project Traffic Conditions scenario assumes that the Existing Traffic Conditions roadway geometrics and traffic controls will remain in place with the exception of the Project and its driveways.

Figure 7 illustrates the assumed intersection geometrics and traffic controls for these intersections under this scenario.

Traffic Signal Warrants
Warrant 3 was prepared for the unsignalized intersections under the Existing plus Project Traffic Conditions scenario. These warrants are found in Appendix J. Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to satisfy Warrant 3 during both peak periods. Based on the traffic signal warrants, operational analysis and engineering judgement, the signalization or implementation of a roundabout can be considered for the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street. It is understood that Caltrans requires the preparation if Intersection Safety and Operational Assessment Process (ISOAP) before it determines the intersection control strategy. The ISOAP is a more in depth study which needs to initially include a screening and Initial assessment followed by a detailed analysis of the viable strategies. An ISOAP includes the preparation of preliminary design plans and construction cost estimates, and as such, is beyond the scope of work for this TIA. Therefore, this TIA analyzes the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street with improvements as traffic signals and roundabouts without preliminary design plans and construction cost estimates.

Results of Existing plus Project Level of Service Analysis Figure 7 illustrates the Existing plus Project traffic volumes, intersection geometrics and traffic controls.

LOS worksheets for the Existing plus Project Traffic Conditions scenario are provided in Appendix F. Table V presents a summary of the Existing plus Project peak hour LOS at the study intersections.

Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during one or both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

1. State Route 99 Southbound Off-Ramp / Merced Street
o Traffic Signal Option
 Convert the westbound left-turn lane to a trap left-turn lane;  Add a northbound right-tun lane;
 Add a southbound left-turn lane;
 Modify the southbound left-through-right lane to a through-right lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
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o Roundabout Option
 Construct a single-lane roundabout. Roundabout layouts for this scenario are depicted in Appendix F.

Constraints for the improvements to study facilities 1 and 2 include the existing structure, existing utilities and planned bikeways. The recommended improvements can fit within existing right-of-way with the aid of design exceptions, specifically along Merced Street. Design exceptions may need to include lane widths, shoulder widths and repositioning of the planned bikeway to take place between the bridge columns and abutment.

Furthermore, a trap left-turn lane is a lane that appears as a through lane in nature, but forces the driver to make a left-turn at the upstream intersection.

Table V: Existing plus Project Intersection LOS Results ID Intersection Intersection Control
AM (7 - 9)
Peak Hour
PM (4 - 6)
Peak Hour
Average
Delay
(sec/veh)
LOS
Average
Delay
(sec/veh)
LOS
1 State Route 99 Southbound Off-Ramp / Merced Street
All-Way Stop 90.1 F 22.0 C
Traffic Signal (Improved) 40.3 D 24.6 C
Roundabout (Improved) 9.1 A 7.0 A
2 State Route 99 Northbound Ramps / Merced Street
Two-Way Stop 135.6 F 40.0 E
Traffic Signal (Improved) 16.0 B 16.3 B
Roundabout (Improved) 12.8 B 9.7 A
3 Golden State Boulevard Street / Merced Street Traffic Signal 20.8 C 19.4 B 4 Fresno Street / Fowler Avenue Two-Way Stop 15.5 C 15.1 C 5 Fowler Avenue / State Route 99 Southbound On-Ramp Two-Way Stop 10.6 B 10.8 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. 282
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Fowler Commercial TIA - City of Fowler
Project Site Plan
Figure 3
12" DISP 2 DISP 4 DISP 1 DISP 3 DISP 5 DISP 6 FRESNO ST FOWLER AVE XX = AM PEAK HOUR TRIPS
(XX) = PM PEAK HOUR TRIPS
N
Not To Scale
LEGEND
# = STUDY INTERSECTION 60(42) 119(85)
Driveway A Fowler Ave
Driveway A
Fowler Ave & A 89(74) 3(6)
15(12)
38(32) 119(85) 15(12)
Driveway B Fowler Ave
Driveway B
Fowler Ave & B 16(17)
31(25)
7(13)
76(63) 1(6) 28(23)
Fresno St
Driveway C
Driveway C
Fresno St & C
2(4)
9(12)
A
B
C
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LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
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Fowler Commercial TIA - City of Fowler
Project Only Trips (Before Pass-By)
Figure 4
042-004 - 05/16/2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
9(8)
110(71)
7(10)
120(96)
60(48)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
45(46)
75(50)
75(57)
35(14) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St
13(11)
15(12)
2(4)
10(19)
46(37) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
32(36)
29(13)
12(23)
SR 99 SB On-Ramp Fowler Ave
LEGEND
3 Golden State Blvd &
Merced Ave
24(8)
18(23)
33(16)
33(23)
20(12)
21(20) Golden State Blvd
Merced Ave
# = STUDY INTERSECTION
XX
(XX)
= AM PROJECT ONLY TRIPS
= PM PROJECT ONLY TRIPS
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N
Not To Scale
LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
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Pass-By Reductions
Figure 5
042-004 - 04/21/2025 - DC
1 SR 99 SB Off-Ramp &
Merced Ave
-2(-2)
-16(-13) -5(-4)
-6(-5)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
-2(-2)
-3(-2)
-16(-13) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St -5(-4)
-24(-20) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
-18(-15)
-6(-5)
-5(-4)
SR 99 SB On-Ramp Fowler Ave
LEGEND
3 Golden State Blvd &
Merced Ave
-1(0)
-1(-1)
-1(-1)
-8(-6)
-4(-2)
-4(-5) Golden State Blvd
Merced Ave
# = STUDY INTERSECTION
XX
(XX)
= AM PROJECT ONLY TRIPS
= PM PROJECT ONLY TRIPS
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N
Not To Scale
LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
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Project Only Trips (After Pass-By)
Figure 6
042-004 - 05/19/2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
7(6)
94(58)
7(10)
115(92)
54(43)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
43(44)
72(48)
59(44)
35(14) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St
13(11)
15(12)
2(4)
5(15)
22(17) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
14(21)
23(8)
7(19)
SR 99 SB On-Ramp Fowler Ave
LEGEND
3 Golden State Blvd &
Merced Ave
23(8)
17(22)
32(15)
25(17)
16(10)
17(15) Golden State Blvd
Merced Ave
# = STUDY INTERSECTION
XX
(XX)
= AM PROJECT ONLY TRIPS
= PM PROJECT ONLY TRIPS
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N
Not To Scale
LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
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Fowler Commercial TIA - City of Fowler
Existing plus Project - Traffic Volumes, Geometrics and Controls Figure 7
042-004 - 05/16/2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
226(118)
36(47)
310(288)
104(152)
14(29)
448(309)
15(36)149(161)209(163)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
222(187)
639(403)
361(386)
154(217)
58(58)
2(1)
143(90) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St
121(57)
25(23)
4(8)
251(202)
47(68)287(388) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
107(160)
196(250)
259(209)
30(21)
SR 99 SB On-Ramp Fowler Ave
3 Golden State Blvd &
Merced Ave
68(32)
342(241)
159(122)
18(23)
313(233)
13(9)
119(110)301(183)
22(25)
87(56)130(292)8(15) Golden State Blvd
Merced Ave
LEGEND
# = STUDY INTERSECTION
= STOP SIGN
XX = AM PEAK HOUR TRIPS
(XX) = PM PEAK HOUR TRIPS
= TRAFFIC SIGNAL
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Near Term plus Project Traffic Conditions
Description of Near Term Projects
Near Term Projects are approved and/or known Projects that are either under construction, built but not fully occupied, are not built but have final site development review (SDR) approval or for which the lead agency or responsible agencies have knowledge of. The City of Fowler, County of Fresno and Caltrans staff were consulted during the preparation of this Report regarding approved and/or known projects that could potentially impact the study intersections. Furthermore, JLB staff conducted a reconnaissance of the surrounding area to confirm the Near Term Projects. Therefore, the Near Term Projects listed in Table VI were approved, near approval, or in the pipeline within the proximity of the proposed Project. Projects C and D have not been approved by the City of Fowler at the time of this analysis. However, the projects have been submitted and are under review with City Staff. Both have the potential to have a significant effect on the roadway network and therefore were included in the Near Term analysis.

The trip generation listed in Table VI is that which is anticipated to be added to the roadway network by the Near Term Projects between the time of the preparation of this Report and five years after buildout of the proposed Project. As shown in Table VI, the total trip generation for the Near Term Projects is 3,782 daily trips, 281 AM peak hour trips and 377 PM peak hour trips. Figure 8 illustrates the location of the Near Term Projects and their combined trip assignment to the study intersections under this scenario.

Table VI: Near Term Projects’ Trip Generation
Near Term
Project ID
Near Term
Project Name
Daily
Trips
AM
Peak Hour
PM
Peak Hour
A Tract 6274 (portion of)¹ 170 13 17
B Tract 6405 (portion of)¹ 321 24 32
C Tract 6501² 971 72 97
D Fowler at South (Phase 1)² 2,320 172 231
Total Near Term Project Trips 3,782 281 377
Note: 1 = Trip Generation prepared by JLB Traffic Engineering, Inc. based on readily available information 2 = Trip Generation based on JLB Traffic Engineering, Inc. Traffic Impact Analysis Report Roadway Network
The Near Term plus Project Traffic Conditions scenario assumes that the Existing plus Project Traffic Conditions roadway geometrics and traffic controls will remain in place. Figure 9 illustrates the assumed intersection geometrics and traffic controls for these intersections under this scenario.

Traffic Signal Warrants
Warrant 3 was prepared for the unsignalized intersections under the Near Term plus Project Traffic Conditions scenario. These warrants are found in Appendix J. Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street, State Route 99 Northbound Ramps at Merced Street, Fowler Avenue at Fresno Street and Fowler Avenue at State Route 99 Southbound On-Ramp are projected to satisfy Warrant 3 during one or both peak periods. Based on the traffic signal warrants, operational analysis and engineering judgement, the signalization or implementation of a roundabout can 288
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be considered for the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street. It is understood that Caltrans requires the preparation if Intersection Safety and Operational Assessment Process (ISOAP) before it determines the intersection control strategy. The ISOAP is a more in depth study which needs to initially include a screening and Initial assessment followed by a detailed analysis of the viable strategies. An ISOAP includes the preparation of preliminary design plans and construction cost estimates, and as such, is beyond the scope of work for this TIA. Therefore, this TIA analyzes the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street with improvements as traffic signals and roundabouts without preliminary design plans and construction cost estimates.

Results of Near Term plus Project Level of Service Analysis Figure 9 illustrates the Near Term plus Project traffic volumes, intersection geometrics and traffic controls.

LOS worksheets for the Near Term plus Project Traffic Conditions scenario are provided in Appendix G.

Table VII presents a summary of the Near Term plus Project intersection LOS.

Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

1. State Route 99 Southbound Off-Ramp / Merced Street
o Traffic Signal Option
 Add a second eastbound through lane with a receiving lane on the east leg;  Convert the westbound left-turn lane to a trap left-turn lane;  Add a northbound right-tun lane;
 Add a southbound left-turn lane;
 Modify the southbound left-through-right lane to a through-right lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
o Roundabout Option
 Construct a single-lane roundabout. Roundabout layouts for this scenario are depicted in Appendix G.
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Furthermore, a trap left-turn lane is a lane that appears as a through lane in nature, but forces the driver to make a left-turn at the upstream intersection.

Table VII: Near Term plus Project Intersection LOS Results ID Intersection Intersection Control
AM (7 - 9)
Peak Hour
PM (4 - 6)
Peak Hour
Average
Delay
(sec/veh)
LOS
Average
Delay
(sec/veh)
LOS
1 State Route 99 Southbound Off-Ramp / Merced Street
All-Way Stop 143.5 F 47.2 E
Traffic Signal (Improved) 37.7 D 28.0 C
Roundabout (Improved) 10.9 B 8.1 A
2 State Route 99 Northbound Ramps / Merced Street
Two-Way Stop 300.6 F 83.8 F
Traffic Signal (Improved) 19.3 B 21.1 C
Roundabout (Improved) 17.2 C 11.2 B
3 Golden State Boulevard Street / Merced Street Traffic Signal 22.3 C 19.6 B 4 Fresno Street / Fowler Avenue Two-Way Stop 18.5 C 18.8 C 5 Fowler Avenue / State Route 99 Southbound On-Ramp Two-Way Stop 11.6 B 11.5 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. 290
Section 10, Item E
N
Not To Scale
LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
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Near Term Projects' Trip Assignment
Figure 8
042-004 - 05/16/2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
14(6)
3(2)
11(33)
5(14)96(63)
1(4)21(80)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
62(48)
48(21)
15(44)
1(3) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St 96(63)
35(115) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
3(2)
32(113)
96(63)
8(9)
SR 99 SB On-Ramp Fowler Ave
LEGEND
3 Golden State Blvd &
Merced Ave
6(6)
34(16)
10(3)
10(25)
4(7)
1(11) Golden State Blvd
Merced Ave
# = STUDY INTERSECTION
XX
(XX)
= AM NEAR TERM TRIPS
= PM NEAR TERM TRIPS
A
C
B
D
X = NEAR TERM PROJECT LOCATION
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LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

As shown in Table VIII, the total trip generation for the 2046 Cumulative Projects is 9,685 daily trips, 719 AM peak hour trips and 966 PM peak hour trips. Figure 10 illustrates the location of the 2046 Near Term Projects and their combined trip assignment to the study intersections under this scenario.

Table VIII: 2046 Cumulative Projects’ Trip Generation
Cumulative
Term
Project ID
Cumulative Term
Project Name
Daily
Trips
AM
Peak Hour
PM
Peak Hour
A Tract 6274 (portion of)¹ 170 13 17
B Tract 6405 (portion of)¹ 321 24 32
C Tract 6501² 971 72 97
D Fowler at South² 8,223 610 820
Total Near Term Project Trips 9,685 719 966
Note: 1 = Trip Generation prepared by JLB Traffic Engineering, Inc. based on readily available information 2 = Trip Generation based on JLB Traffic Engineering, Inc. Traffic Impact Analysis Report Roadway Network
The Cumulative Year 2046 No Project Traffic Conditions scenario assumes that the Existing Traffic Conditions roadway geometrics and traffic controls will remain in place. Figure 11 illustrates the assumed intersection geometrics and traffic controls for these intersections under this scenario.

Traffic Signal Warrants
Warrant 3 was prepared for the unsignalized intersections under the Cumulative Year 2046 No Project Traffic Conditions scenario. These warrants are contained in Appendix J. Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street, State Route 99 Northbound Ramps at Merced Street, Fowler Avenue at Fresno Street and Fowler Avenue at State Route 99 Southbound On-Ramp are projected to satisfy Warrant 3 during one or both peak periods. Based on the traffic signal warrants, operational analysis and engineering judgement, the signalization or implementation of a roundabout can be considered for the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street. It is understood that Caltrans requires the preparation if Intersection ISOAP before it determines the intersection control strategy. The ISOAP is a more in depth study which needs to initially include a screening and Initial assessment followed by a detailed analysis of the viable strategies. An ISOAP includes the preparation of preliminary design plans and construction cost estimates, and as such, is beyond the scope of work for this TIA. Therefore, this TIA analyzes the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street with improvements as traffic signals and roundabouts without preliminary design plans and construction cost estimates. 293
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Results of Cumulative Year 2046 No Project Level of Service Analysis Figure 11 illustrates the Cumulative Year 2046 No Project turning movement volumes, intersection geometrics and traffic controls. LOS worksheets for the Cumulative Year 2046 No Project Traffic Conditions scenario are provided in Appendix H. Table IX presents a summary of the Cumulative Year 2046 No Project peak hour LOS at the study intersections.

Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

1. State Route 99 Southbound Off-Ramp / Merced Street
o Traffic Signal Option
 Add a second eastbound through lane with a receiving lane on the east leg;  Convert the westbound left-turn lane to a trap left-turn lane;  Add a northbound right-tun lane;
 Add a southbound left-turn lane;
 Modify the southbound left-through-right lane to a through-right lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
o Roundabout Option
 Construct a single-lane roundabout with two receiving lanes on the east leg. Roundabout layouts for this scenario are depicted in Appendix H.

Roundabout layouts for this scenario are depicted in Appendix H. 294
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Constraints for the improvements to study facilities 1 and 2 include the existing structure, existing utilities and planned bikeways. The recommended improvements can fit within existing right-of-way with the aid of design exceptions, specifically along Merced Street. Design exceptions may need to include lane widths, shoulder widths and repositioning of the planned bikeway to take place between the bridge columns and abutment.

Furthermore, a trap left-turn lane is a lane that appears as a through lane in nature, but forces the driver to make a left-turn at the upstream intersection.

Table IX: Cumulative Year 2046 No Project Intersection LOS Results ID Intersection Intersection Control
AM (7 - 9)
Peak Hour
PM (4 - 6)
Peak Hour
Average
Delay
(sec/veh)
LOS
Average
Delay
(sec/veh)
LOS
1 State Route 99 Southbound Off-Ramp / Merced Street
All-Way Stop 135.6 F 95.6 F
Traffic Signal (Improved) 32.1 C 36.2 D
Roundabout (Improved) 11.2 B 9.9 A
2 State Route 99 Northbound Ramps / Merced Street
Two-Way Stop 145.7 F 87.2 F
Traffic Signal (Improved) 23.8 C 30.6 C
Roundabout (Improved) 8.3 A 9.1 A
3 Golden State Boulevard Street / Merced Street Traffic Signal 48.1 D 27.6 C 4 Fresno Street / Fowler Avenue Two-Way Stop 25.9 D 30.1 D 5 Fowler Avenue / State Route 99 Southbound On-Ramp Two-Way Stop 16.1 C 13.9 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. 295
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Not To Scale
LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
5 PHONE:(559) 570-8991, EMAIL: [email protected], www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704
Fowler Commercial TIA - City of Fowler
2046 Cumulative Projects' Trip Assignment
Figure 10
042-004 - 05/19/2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
14(6)
3(2)
27(83)
5(14)296(203)
1(4)73(274)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
202(162)
108(47)
31(94)
1(3) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St 296(203)
103(359) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
3(2)
100(357)
296(203)
14(13)
SR 99 SB On-Ramp Fowler Ave
LEGEND
3 Golden State Blvd &
Merced Ave
17(12)
78(32)
11(5)
20(51)
5(19)
5(29) Golden State Blvd
Merced Ave
# = STUDY INTERSECTION
XX
(XX)
= AM NEAR TERM TRIPS
= PM NEAR TERM TRIPS
X = NEAR TERM PROJECT LOCATION
A
C
B
D
296
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N
Not To Scale
LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
5 PHONE:(559) 570-8991, EMAIL: [email protected], www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704
042-004 - 05/19/2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
240(124)
32(43)
246(313)
109(166)
7(19)
629(420)
16(40)168(392)209(163)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
381(305)
675(402)
333(436)
154(217)
25(47)
2(1)
187(124) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St
108(46)
20(12)
2(4)
542(390)
47(68)368(730) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
133(186)
273(599)
548(393)
44(34)
SR 99 SB On-Ramp Fowler Ave
3 Golden State Blvd &
Merced Ave
69(36)
403(251)
142(118)
20(27)
308(267)
20(16)
111(120)
1412(660)
30(27)
80(75)335(1030)13(22) Golden State Blvd
Merced Ave
LEGEND
# = STUDY INTERSECTION
= STOP SIGN
XX = AM PEAK HOUR TRIPS
(XX) = PM PEAK HOUR TRIPS
= TRAFFIC SIGNAL
Fowler Commercial TIA - City of Fowler
Cumulative Year 2046 No Project - Traffic Volumes, Geometrics and Controls Figure 11
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Cumulative Year 2046 plus Project Traffic Conditions
Roadway Network
The Cumulative Year 2046 plus Project Traffic Conditions scenario assumes that the Cumulative Year 2046 No Project Traffic Conditions roadway geometrics and traffic controls will remain in place with the exception of the Project and its driveways. Figure 12 illustrates the assumed intersection geometrics and traffic controls for these intersections under this scenario.

Traffic Signal Warrants
Warrant 3 was prepared for the unsignalized intersections under the Cumulative Year 2046 plus Project Traffic Conditions scenario. These warrants are contained in Appendix J. Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street, State Route 99 Northbound Ramps at Merced Street, Fowler Avenue at Fresno Street and Fowler Avenue at State Route 99 Southbound On-Ramp are projected to satisfy Warrant 3 during both peak periods. Based on the traffic signal warrants, operational analysis and engineering judgement, the signalization or implementation of a roundabout can be considered for the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street. It is understood that Caltrans requires the preparation if Intersection ISOAP before it determines the intersection control strategy. The ISOAP is a more in depth study which needs to initially include a screening and Initial assessment followed by a detailed analysis of the viable strategies. An ISOAP includes the preparation of preliminary design plans and construction cost estimates, and as such, is beyond the scope of work for this TIA. Therefore, this TIA analyzes the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street with improvements as traffic signals and roundabouts without preliminary design plans and construction cost estimates.

Results of Cumulative Year 2046 plus Project Level of Service Analysis Figure 12 illustrates the Cumulative Year 2046 plus Project turning movement volumes, intersection geometrics and traffic controls. LOS worksheets for the Cumulative Year 2046 plus Project Traffic Conditions scenario are provided in Appendix I. Table X presents a summary of the Cumulative Year 2046 plus Project peak hour LOS at the study intersections.

Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street, State Route 99 Northbound Ramps at Merced Street and Fowler Avenue at Fresno Street are projected to exceed their LOS threshold during one or both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

It should be noted that the traffic signal improvement Synchro Report shows the northbound direction of State Route 99 Southbound Off-Ramp at Merced Street with a left-through-right lane instead of a left-right lane. This is due to a limitation in the Synchro software which does not output a delay for an approach when coded as a left-right lane LOS output for a four-legged signalized intersection. 298
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1. State Route 99 Southbound Off-Ramp / Merced Street
o Traffic Signal Option
 Add a second eastbound through lane with a receiving lane on the east leg;  Convert the westbound left-turn lane to a trap left-turn lane;  Add a northbound right-tun lane;
 Add a southbound left-turn lane;
 Modify the southbound left-through-right lane to a through-right lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
o Roundabout Option
 Construct a single-lane roundabout with two receiving lanes on the east leg. Roundabout layouts for this scenario are depicted in Appendix I.

Roundabout layouts for this scenario are depicted in Appendix I.

4. Fowler Avenue at Fresno Street
o Add an eastbound right-turn lane; and
o Modify the eastbound left-right lane to a trap left-turn lane.

Furthermore, a trap left-turn lane is a lane that appears as a through lane in nature, but forces the driver to make a left-turn at the upstream intersection.
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Table X: Cumulative Year 2046 plus Project Intersection LOS Results ID Intersection Intersection Control
AM (7 - 9)
Peak Hour
PM (4 - 6)
Peak Hour
Average
Delay
(sec/veh)
LOS
Average
Delay
(sec/veh)
LOS
1 State Route 99 Southbound Off-Ramp / Merced Street
All-Way Stop 246.8 F 150.8 F
Traffic Signal (Improved) 47.3 D 49.2 D
Roundabout (Improved) 17.0 C 12.2 B
2 State Route 99 Northbound Ramps / Merced Street
Two-Way Stop 973.4 F 345.6 F
Traffic Signal (Improved) 35.9 D 42.5 D
Roundabout (Improved) 9.7 A 10.7 B
3 Golden State Boulevard Street / Merced Street Traffic Signal 54.6 D 33.9 C 4 Fresno Street / Fowler Avenue
Two-Way Stop 29.9 D 35.5 E
Two-Way Stop (Improved) 26.2 D 30.9 D
5 Fowler Avenue / State Route 99 Southbound On-Ramp Two-Way Stop 16.9 C 14.9 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. 300
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Not To Scale
LEGEND

FRESNO ST

SOUTH AVE FOWLER AVE
99 GOLDEN STATE BLVD UPRR
1 2
3 MERCED ST

SUMNER AVE STANFORD AVE
PROJECT SITE 4
5 PHONE:(559) 570-8991, EMAIL: [email protected], www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704
042-004 - 05/19/2025 - DCC
1 SR 99 SB Off-Ramp &
Merced Ave
240(124)
39(49)
340(371)
109(166)
14(29)
744(512)
16(40)222(435)209(163)
SR 99 Off-Ramp Fowler Ave
Merced Ave
2 SR 99 NB Ramps &
Merced Ave
424(349)
747(450)
392(480)
154(217)
60(61)
2(1)
187(124) SR 99 NB Ramps
Merced Ave
4 Fowler Ave &
Fresno St
121(57)
35(24)
4(8)
547(405)
47(68)390(747) Fowler Ave
Fresno St
5 Fowler Ave &
SR 99 SB On-Ramp &
147(207)
296(607)
555(412)
44(34)
SR 99 SB On-Ramp Fowler Ave
3 Golden State Blvd &
Merced Ave
92(44)
420(273)
174(133)
20(27)
333(284)
20(16)
127(130)
1412(660)
30(27)
97(90)335(1030)13(22) Golden State Blvd
Merced Ave
LEGEND
# = STUDY INTERSECTION
= STOP SIGN
XX = AM PEAK HOUR TRIPS
(XX) = PM PEAK HOUR TRIPS
= TRAFFIC SIGNAL
Fowler Commercial TIA - City of Fowler
Cumulative Year 2046 plus Project - Traffic Volumes, Geometrics and Controls Figure 12
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Queuing Analysis
Table XI provides a queue length summary for left-turn and right-turn lanes at the study intersections under all study scenarios. The queuing analyses for the study intersections are contained in the LOS worksheets for the respective scenarios. Appendix D contains the methodologies used to evaluate these intersections. Queuing analyses were completed using SimTraffic output information. Synchro provides both 50th and 95th percentile maximum queue lengths (in feet). According to the Synchro manual, “the 50th percentile maximum queue is the maximum back of queue on a typical cycle and the 95th percentile queue is the maximum back of queue with 95th percentile volumes” (Cubic ITS, Inc., 2023). The queues shown on Table XI are the 95th percentile queue lengths for the respective lane movements.

The California Highway Design Manual (CA HDM) provides guidance for determining deceleration lengths for the left-turn and right-turn lanes based on design speeds. According to the CA HDM, tapers for rightturn lanes are “usually unnecessary since main line traffic need not be shifted laterally to provide space for the right-turn lane. If, in some rare instances, a lateral shift were needed, the approach taper would use the same formula as for a left-turn lane” (Caltrans, 2021). Therefore, a bay taper length pursuant to the CA HDM would need to be added, as necessary, to the recommended storage lengths presented in Table XI.

The storage capacity for the Cumulative Year 2046 plus Project Traffic Conditions shall be based on the SimTraffic output files and engineering judgement. The values in bold presented in Table XI are the projected queue lengths that will likely need to be accommodated by the cumulative year 2046. At the remaining approaches of the study intersections, the existing storage capacity will be sufficient to accommodate the maximum queue.
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Table XI: Queuing Analysis
ID Intersection Existing Queue Storage Length (ft.) Existing Existing plus Project
Near Term
plus Project
Cumulative
Year 2046
No Project
Cumulative
Year 2046
plus Project

AM PM AM PM AM PM AM PM AM PM
1 State Route 99
Southbound
Off-Ramp
/
Merced Street
(Traffic Signal)
Southbound Left * * * 207 126 214 136 183 302 223 434
Southbound Left-Through-Right >500 151 148 * * * * * * * * Southbound Through-Right * * * 151 171 185 207 188 470 262 719 Northbound Left-Right >500 258 69 97 96 144 88 126 145 245 208 Northbound Right * * * 131 89 155 87 159 102 209 145
Eastbound Through * * * * * 117 75 95 63 125 87
Eastbound Through-Right >500 171 66 270 144 260 134 137 137 237 115 Westbound Left 100 110 91 283 236 269 249 211 290 306 297 Westbound Through >200 69 63 124 116 96 135 114 143 115 143 1 State Route 99
Southbound
Off-Ramp
/
Merced Street
(Roundabout)
Southbound Through-Right * * * 149 130 131 193 98 439 205 1666 Northbound Left-Right * * * 141 87 357 82 863 80 1063 119 Eastbound Through-Right * * * 86 60 131 70 130 73 201 118 Westbound Left-Through * * * 21 44 43 46 18 64 35 59
2 State Route 99
Northbound Ramps
/
Merced Street
(Signalized)
Northbound Left-Through-Right >500 93 73 161 93 156 118 108 158 213 182 Eastbound Left 100 81 69 182 150 225 184 238 255 292 296 Eastbound Through >200 37 0 205 103 234 112 173 125 217 118 Westbound Through-Right >200 17 15 284 270 319 361 429 715 546 529 2 State Route 99
Northbound Ramps
/
Merced Street
(Roundabout)
Northbound Left-Through-Right * * * 75 61 129 67 57 50 74 64 Eastbound Left * * * * * * * 213 71 169 90
Eastbound Left-Through * * * 15 42 191 25 * * * *
Eastbound Through * * * * * * * 212 63 203 68
Westbound Through-Right * * * 194 167 223 474 168 377 384 492 3 Merced Street
/
Golden State
Boulevard
Southbound Left 140 28 45 23 47 37 49 34 91 42 161
Southbound Through >500 78 100 73 103 72 107 150 311 148 324 Southbound Through >500 50 86 48 98 46 81 145 308 136 326 Southbound Right 60 54 52 55 53 59 52 70 166 69 196
Northbound Left 230 99 116 130 112 146 143 288 146 328 144 Northbound Through >500 105 76 122 89 133 76 455 188 575 230 Northbound Through >500 70 62 83 43 88 63 465 179 551 232 Northbound Right 70 38 28 38 46 43 36 89 47 137 45
Eastbound Left 140 66 82 132 50 161 117 185 115 235 157 Eastbound Through-Right >500 248 183 333 191 345 248 496 249 674 347 Westbound Left 60 62 36 47 60 54 53 82 89 72 88
Westbound Through-Right >500 173 150 173 159 222 167 306 260 316 251 Note: * = Does not exist or is not projected to exist
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Table XI: Queuing Analysis (Continued)
ID Intersection Existing Queue Storage Length (ft.) Existing Existing plus Project
Near Term
plus Project
Cumulative
Year 2046
No Project
Cumulative
Year 2046
plus Project

AM PM AM PM AM AM PM AM PM AM
4 Fowler Avenue
/
Fresno Street
Southbound Through-Right >500 0 14 7 19 0 20 0 35 0 8
Northbound Left 75 0 18 10 18 0 18 14 16 0 0
Northbound Through >100 0 10 * * 0 0 0 17 0 21
Eastbound Left-Right >300 86 68 69 73 104 67 104 88 * * Eastbound Left * * * * * * * * * 140 90
Eastbound Right * * * * * * * * * 53 71
5 Fowler Avenue
/
State Route 99
Southbound
On-Ramp
Eastbound Through >100 0 0 0 0 0 0 0 0 0 0
Eastbound Right >100 0 0 0 0 0 0 0 0 0 0
Northbound Left >500 82 63 73 68 101 71 172 101 205 102 Northbound Right 100 0 0 0 0 47 0 87 0 72 0
Note: * = Does not exist or is not projected to exist
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Project’s Pro-Rata Fair Share of Future Transportation Improvements The Project’s fair share percentage impact to the study intersections for which the Project has no direct impacts, and for which future improvements are not covered by an existing impact fee program, is provided in Table XII. The Project’s fair share percentage impacts were calculated using the Caltrans prorata fair share formula. The Project’s pro-rata fair shares were calculated utilizing the Existing, Project Only Trips and Cumulative Year 2046 plus Project volumes. Figure 2 illustrates the Existing traffic volumes, Figure 6 illustrates the Project Only Trips (After Pass-By) and Figure 12 illustrates the Cumulative Year 2046 plus Project traffic volumes. The critical peak was determined for each intersection independently.

The critical peak period for the study intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street was determined to be during the AM peak period. The critical peak period for the study intersection of Fowler Avenue at Fresno Street was determined to be during the PM peak period. Therefore, the respective critical peak traffic volumes are utilized to determine the Project’s pro-rata fair share for each intersection.

It is recommended that the Project contribute its equitable fair share as listed in Table XII for the improvements necessary to return the intersection to an acceptable LOS. However, fair share contributions should only be made for those facilities or portion thereof not funded by the responsible agencies roadway impact fee program(s) or grant funding, as appropriate. For those improvements not presently covered by local and regional roadway impact fee programs or grant funding, it is recommended that the Project contribute its equitable fair share. Payment of the Project’s equitable fair share in addition to the local and regional impact fee programs would satisfy the Project’s traffic cumulative traffic impacts.

It should be noted that the formula used for fair share impacts places the burden for future roadway improvements solely on future development. As a result, the fair share percentages are often significantly larger than the project’s percentage of traffic to any of the study facilities. In certain cases, the project’s fair share impact in terms of percentage or construction cost will be considerably high while utilizing this fair share formula. As such, it is recommended that the City and Caltrans consider allowing Projects to pay a straight line fair share which is simply the project trips divided by cumulative year trips. Furthermore, the overall construction cost may need to be partially covered by the lead agency or responsible agencies when such improvements are of regional significance.

This study does not provide construction costs for the recommended future year improvement measures; therefore, if the recommended improvement measures are implemented, it is recommended that the Project work with Caltrans, County of Fresno and the City of Fowler to develop the estimated construction cost and subsequently the equitable fair share contribution. 305
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Table XII: Project’s Fair Share of Future Roadway Improvements ID Intersection Existing Traffic
Volumes
Cumulative Year 2046
plus Project Traffic
Volumes
Project
Only Trips
Project's Fair
Share (%)
1 State Route 99 Southbound
Off-Ramp / Merced Street 1,234 1,933 277 39.63%
2 State Route 99 Northbound
Ramps / Merced Street 1,370 1,966 209 35.07%
4 Fowler Avenue /
Fresno Street 687 1,309 59 9.49%
Note: Project Fair Share = ((Project Only Trips) / (Cumulative Year 2046 plus Project Traffic Volumes – Existing Traffic Volumes)) x 100 306
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Conclusions and Recommendations
Conclusions and recommendations regarding the proposed Project are presented below.

Existing Traffic Conditions
• At present, all study intersections operate at an acceptable LOS during both peak periods.

Existing plus Project Traffic Conditions
• JLB analyzed the location of the existing and proposed roadways and access points relative to those in the vicinity of the Project site. A review of the existing and proposed roadways and access points indicates that they are located at points that minimize traffic operational impacts to existing and future roadway networks.
• Prior to pass-by reductions, the proposed Project is estimated to generate approximately 3,762 daily trips, 389 AM peak hour trips and 323 PM peak hour trips. • Pass-by reductions are estimated to reduce the trip generation by 563 daily trips, 58 AM peak hour trips and 48 PM peak hour trips.
• The net new trip generation, after pass-by reductions, is estimated to be 3,199 daily trips, 331 AM peak hour trips and 275 PM peak hour trips.
• It is recommended that the Project retain the existing Class II bikeway along its frontage to Fowler Avenue.
• It is recommended that the Project retain the existing pedestrian sidewalks along its frontages to Fowler Avenue and Fresno Street.
• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during one or both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

1. State Route 99 Southbound Off-Ramp / Merced Street
o Traffic Signal Option
 Convert the westbound left-turn lane to a trap left-turn lane;  Add a northbound right-tun lane;
 Add a southbound left-turn lane;
 Modify the southbound left-through-right lane to a through-right lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
o Roundabout Option
 Construct a single-lane roundabout. Roundabout layouts for this scenario are depicted in Appendix F.
307
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Near Term plus Project Traffic Conditions
• The total trip generation for the Near Term Projects is 3,782 daily trips, 281 AM peak hour trips and 377 PM peak hour trips.
• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

Cumulative Year 2046 No Project Traffic Conditions
• The total trip generation for the 2046 Cumulative Projects is 9,685 daily trips, 719 AM peak hour trips and 966 PM peak hour trips.
• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street and State Route 99 Northbound Ramps at Merced Street are projected to exceed their LOS threshold during both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

1. State Route 99 Southbound Off-Ramp / Merced Street
o Traffic Signal Option
 Add a second eastbound through lane with a receiving lane on the east leg;  Convert the westbound left-turn lane to a trap left-turn lane;  Add a northbound right-tun lane;
 Add a southbound left-turn lane;
 Modify the southbound left-through-right lane to a through-right lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
o Roundabout Option
 Construct a single-lane roundabout with two receiving lanes on the east leg. Roundabout layouts for this scenario are depicted in Appendix H.

2. State Route 99 Northbound Ramps / Merced Street
o Traffic Signal Option
 Convert the eastbound left-turn lane to a trap left-turn lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
o Roundabout Option
 Construct a roundabout that has a single-lane approach on the northbound and westbound approaches and a trap left-turn lane and through lane on the eastbound approach. Roundabout layouts for this scenario are depicted in Appendix H. • Constraints for the improvements to study facilities 1 and 2 include the existing structure, existing utilities and planned bikeways. The recommended improvements can fit within existing right-of-way with the aid of design exceptions, specifically along Merced Street. Design exceptions may need to include lane widths, shoulder widths and repositioning of the planned bikeway to take place between the bridge columns and abutment.
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[email protected]
516 W. Shaw Ave., Ste. 103
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Fowler Commercial – City of Fowler
Traffic Impact Analysis Report
July 11, 2025
Cumulative Year 2046 plus Project Traffic Conditions
• Under this scenario, the intersections of State Route 99 Southbound Off-Ramp at Merced Street, State Route 99 Northbound Ramps at Merced Street and Fowler Avenue at Fresno Street are projected to exceed their LOS threshold during one or both peak periods. As a result, improvements options are provided for these intersections. It is recommended that the Project should only be responsible for payment of its fair share towards the chosen improvements presented below.

1. State Route 99 Southbound Off-Ramp / Merced Street
o Traffic Signal Option
 Add a second eastbound through lane with a receiving lane on the east leg;  Convert the westbound left-turn lane to a trap left-turn lane;  Add a northbound right-tun lane;
 Add a southbound left-turn lane;
 Modify the southbound left-through-right lane to a through-right lane; and  Signalize the intersection with protected left-turn phasing in the east-west direction and split phasing in the north-south direction.
o Roundabout Option
 Construct a single-lane roundabout with two receiving lanes on the east leg. Roundabout layouts for this scenario are depicted in Appendix I.

4. Fowler Avenue at Fresno Street
o Add an eastbound right-turn lane; and
o Modify the eastbound left-right lane to a trap left-turn lane. • Constraints for the improvements to study facilities 1 and 2 include the existing structure, existing utilities and planned bikeways. The recommended improvements can fit within existing right-of-way with the aid of design exceptions, specifically along Merced Street. Design exceptions may need to include lane widths, shoulder widths and repositioning of the planned bikeway to take place between the bridge columns and abutment.
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[email protected]
516 W. Shaw Ave., Ste. 103
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Fowler Commercial – City of Fowler
Traffic Impact Analysis Report
July 11, 2025
Queuing Analysis
• It is recommended that the City consider left-turn and right-turn lane storage lengths as indicated in the Queuing Analysis.

Jose Luis Benavides, PE, TE Project Manager
Matthew Arndt, EIT Project Engineer – Traffic Operations Christian Sanchez, EIT Project Engineer – Design
Adrian Benavides Engineer II
Derian Cervantes Engineer I
Diana Cortes Engineering Aide
Arjun Dhillon Engineering Aide
Dennis Wynn Sr. Engineering Technician
Persons Consulted:

Paul Archer Archer Engineering
David Padilla Caltrans, D6
Elizabeth Yelton Caltrans, D6
Hector Luna County of Fresno
Brody Hines County of Fresno
Eric Rocha City of Fowler
Soo Ho Park, PE, TE City of Fowler
Matt Hamilton, PE City of Fowler
Dawn Marple City of Fowler
Mike Aronson Kittelson & Associates, Inc.
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[email protected]
516 W. Shaw Ave., Ste. 103
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Fowler Commercial – City of Fowler
Traffic Impact Analysis Report
July 11, 2025
References
Caltrans. 2019. "Highway Design Manual". Sacramento: State of California.

Caltrans. 2020. “Vehicle Miles Traveled-Focused Transportation Impact Study Guide”. Sacramento: State of California.

Caltrans. 2021. "California Manual on Uniform Traffic Control Devices". Sacramento: State of California.

City of Fowler. 2023. "2040 General Plan". Fowler: City of Fowler.

City of Fowler. 2024. "Bicycle, Pedestrian & Trails Master Plan". Fowler: City of Fowler.

City of Fowler. 2025. "Traffic Impact Analysis Guidelines". Fowler: City of Fowler.

County of Fresno. 2000. "Fresno County General Plan". Fresno: Fresno County.

County of Fresno. 2014. "Guidelines for The Preparation of Traffic Impact Studies Within the County of Fresno". Fresno: County of Fresno.

Cubic ITS, Inc. 2019. “Synchro Studio 11 User Guide”. Sugar Land: Trafficware, LLC.

Institute of Transportation Engineers. 2021. "Trip Generation Manual 11th Edition". Washington: Institute of Transportation Engineers.

Transportation Research Board. 2016. "Highway Capacity Manual". Washington: The National Academy of Sciences.
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February 12, 2025
Soo Ho Park
City of Fowler – Department of Public Works
128 S. 5th Street
Fowler, CA 93625
Via Email Only: [email protected]
Subject: Proposed Scope of Work for the Preparation of a Traffic Impact Analysis for the Convenience Market & Gasoline Station at the Northwest Corner of Fowler Avenue and Fresno Street in the City of Fowler (JLB Project 043- 004)
Dear Mr. Park,
JLB Traffic Engineering, Inc. (JLB) hereby submits this Draft Scope of Work for the preparation of a Traffic Impact Analysis (TIA) for the proposed Convenience Market & Gasoline Station (Project) in the City of Fowler. The Project proposes to construct a 4,545 square feet convenience market with 12 fueling positions and a 1,500 square feet restaurant. Based on information provided to JLB, the proposed Project is consistent with the City of Fowler General Plan. An aerial of the Project vicinity and Project Site Plan are shown in Exhibits A and B, respectively.

The purpose of the TIA is to evaluate the potential on-site and off-site traffic impacts, identify shortterm roadway and circulation needs, determine potential mitigation measures and identify any critical traffic issues that should be addressed in the on-going planning process. To evaluate the on-site and offsite traffic impacts of the proposed Project, JLB proposes the following Scope of Work.

Scope of Work
• JLB will obtain recent (less than 12 months) or schedule conduct new traffic counts at the study facility(ies) when schools in the vicinity are in session. These counts will include pedestrians and vehicles.
• JLB will request a Fresno Council of Governments (Fresno COG) traffic forecast model run for the Project (Select Zone Analysis) which will include the Project and the streets to be analyzed. The Fresno COG traffic forecasting model will be used to forecast traffic volumes for the Base Year and Cumulative Year 2046 scenarios.
• JLB will perform a site visit to observe existing traffic conditions, especially during the AM and PM peak hours. Existing roadway conditions including speed limits, lane geometrics, turn prohibitions and traffic controls will be verified.
• JLB will evaluate on-site circulation and provide recommendations as necessary to improve circulation to and within the Project site.
• JLB will qualitatively analyze existing and planned transit routes in the vicinity of the Project. • JLB will qualitatively analyze existing and planned walkways in the vicinity of the Project. • JLB will qualitatively analyze existing and planned bikeways in the vicinity of the Project. 315
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Mr. Soo Ho Park – City of Fowler
Fowler Convenience Market - Draft Scope of Work
February 12, 2025
• JLB will prepare CA MUTCD Warrant 3 “Peak Hour” for unsignalized study intersections under all study scenarios.
• JLB will forecast trip distribution based on turn count information and knowledge of the existing and planned circulation network in the vicinity of the Project. • JLB will evaluate existing and forecasted levels of service (LOS) at the study intersection(s). JLB will use HCM 7th Edition or HCM 2000 methodologies (as appropriate) within Synchro to perform this analysis for the AM and PM peak hours. JLB will identify the causes of poor LOS.

Study Scenarios

1. Existing Traffic Conditions with needed improvements (if any);

2. Existing plus Project Traffic Conditions with proposed improvements (if any);

3. Near Term plus Project Traffic Conditions with proposed improvements (if any); and

4. Cumulative Year 2046 plus Project Traffic Conditions with proposed improvements (if any).

Weekday peak hours to be analyzed (Tuesday, Wednesday or Thursday only)

1. 7 - 9 AM peak hour

2. 4 - 6 PM peak hour
Study Intersections

1. Merced Avenue at SR 99 SB off-ramp

2. Merced Avenue at SR 99 NB ramps

3. Fresno Street at Fowler Avenue

4. SR 99 SB On-Ramp at Fowler Avenue
Queuing analysis is included in the proposed Scope of Work for the study intersection(s) listed above under all study scenarios. This analysis will be utilized to recommend minimum storage lengths for leftturn and right-turn lanes at all study intersections.

Study Segments

1. None
Project Only Trip Assignment to State Facilities

1. None
Project Trip Generation
Trip generation rates for the proposed Project land use were obtained from the 11th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table I presents the trip generation, prior to pass-by reductions, for the proposed Project with trip generation rates for a 4,545 square feet convenience market with 12 fueling positions and a 1,500 square feet restaurant. Pass-by Reductions methodologies are consistent with Caltrans’ Guide to Preparation of Traffic Impact Studies.

Absent consultation with Caltrans, Caltrans generally caps pass-by percentages at 15 percent. At buildout, prior to pass-by reductions, the proposed Project is estimated to generate approximately 3,762 daily trips, 389 AM peak hour trips and 323 PM peak hour trips. Table II presents the trip generation reductions as a result of pass-by trips. Pass-by reductions are estimated to reduce the trip generation by 563 daily trips, 59 AM peak hour trips and 49 PM peak hour trips. Table III presents the net new trip generation after the reductions from pass-by trips. The net new trip generation, after passby reductions, is estimated to be 3,199 daily trips, 330 AM peak hour trips and 274 PM peak hour trips. 316
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516 W. Shaw Ave., Ste. 103
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Mr. Soo Ho Park – City of Fowler
Fowler Convenience Market - Draft Scope of Work
February 12, 2025
Table I: Project Trip Generation before Pass-by
Land Use (ITE Code) Size Unit
Daily AM (7-9) Peak Hour PM (4-6) Peak Hour
Rate Total Trip
Rate
In Out
In Out Total Trip
Rate
In Out
In Out Total
% %
Fast-Food Restaurant without DriveThrough Window (933) 1.500 k.s.f 450.49 676 43.18 58 42 38 27 65 33.21 50 50 25 25 50 Convenience Store/Gas Station - GFA
(4-5.5K) (945) 12 f.p. 257.13 3,086 27.04 50 50 162 162 324 22.76 50 50 137 136 273 Total Project Trips 3,762 200 189 389 162 161 323
Note: k.s.f. = Thousand Square Feet
f.p. = Fueling Positions
Table II: Pass-By Reductions
Land Use (ITE Code) Size Unit
Daily AM Peak Hour PM Peak Hour
Total In Out Total In Out Total
Fast-Food Restaurant without
Drive-Through Window (933) 1.500 k.s.f. -101 -6 -4 -10 -4 -4 -8 Convenience Store/Gas Station -
GFA (4-5.5K) (945) 12 f.p. -462 -25 -24 -49 -21 -20 -41 Total Trips -563 -31 -28 -59 -25 -24 -49
Note: AM and PM Peak pass-by trips are calculated using ITE Trip Generation Handbook methodologies with 15% cap Land Use 945 uses a cap that is half the pass-by rate listed in the ITE Trip Generation Handbook Table III: Net New Trip Generation
Land Use (ITE Code)
Daily AM Peak Hour PM Peak Hour
Total In Out Total In Out Total
Proposed Project 3,762 200 189 389 162 161 323
Pass-By Reductions -563 -31 -28 -59 -25 -24 -49
Net New Project Trips 3,199 169 161 330 137 137 274
Access to the Project
Initially, access to and from the Project site is proposed from three (3) access points. Two (2) access points are located along the west side of Fowler Avenue and one access point (1) is located along the north side of Fresno Street. All access points are proposed to allow full access. 317
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516 W. Shaw Ave., Ste. 103
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Mr. Soo Ho Park – City of Fowler
Fowler Convenience Market - Draft Scope of Work
February 12, 2025
The Scope of Work is based on our understanding of this Project and our experience with similar TIA Reports. We kindly ask that the City of Fowler (lead agency) and all responsible agencies submit any comments by March 5, 2025. If you have any questions or require additional information, please contact me by phone at (559) 317-6245, or via email at [email protected].

Sincerely,
Javier Rios,
JLB Traffic Engineering, Inc.
cc: Jose Luis Benavides, JLB Traffic Engineering, Inc.

Matthew Arndt, JLB Traffic Engineering, Inc.

Eric Rocha, City of Fowler
Hector Luna, County of Fresno
David Padilla, Caltrans
Z:\01 Projects\042 Fowler\042-004 Fowler Fresno TIA\Draft Scope of Work\L20250212 Draft Scope of Work (042-004).docx 318
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[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 P a g e | 5
(559) 570-8991
Mr. Soo Ho Park – City of Fowler
Fowler Convenience Market - Draft Scope of Work
February 12, 2025
Exhibit A – Project Site Aerial
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[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 P a g e | 6
(559) 570-8991
Mr. Soo Ho Park – City of Fowler
Fowler Convenience Market - Draft Scope of Work
February 12, 2025
Exhibit B – Project Site Plan
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1 Matt Arndt
From: Matt Hamilton <[email protected]>
Sent: Monday, March 17, 2025 2:38 PM
To: Matt Arndt
Cc: Paul Archer; [email protected]; Soo Ho Park; Jose Benavides Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work The two comments concerned the inclusion of Merced Street at Golden State Boulevard, and the inclusion of 2046 without Project. No additional comments.

Sincerely,
Matt Hamilton, PE
Senior Engineer

PROVOST & PRITCHARD CONSULTING GROUP
400 E Main St, Ste 300, Visalia, CA 93291
Office: (559) 636-1166
Mobile: (559) 679-9258
www.provostandpritchard.com | LinkedIn

CONFIDENTIALITY NOTE
This communication and any accompanying attachment(s) are privileged and confidential. The information is intended for the use of the individual or entity so named. If you are not the intended recipient, then be aware that any disclosure, copying, distribution or use of this communication and any accompanying attachments (or the information contained in it) is prohibited.

If you have received this communication in error, please immediately delete it and notify the sender at the return e-mail address or by telephone at (559) 449-2700. Thank you.

From: Matt Arndt <[email protected]>
Sent: Monday, March 17, 2025 2:25 PM
To: Matt Hamilton <[email protected]>
Cc: Paul Archer <[email protected]>; [email protected]; Soo Ho Park <[email protected]>; JOSE BENAVIDES - [email protected] <[email protected]> Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Hello Matt,
Just wanted to follow up on this topic after a phone call with Paul Archer. It is my understanding that with the inclusion of the intersection of Merced Street at Golden States Boulevard in the TIA, the comments on the Draft Scope of Work have been finalized. Is my understanding correct? Please, let me know. Feel free to give me a call if there is any confusion.

Sincerely,
Matthew Arndt
Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) You don't often get email from [email protected]. Learn why this is important 321
Section 10, Item E
2 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Office: (559) 570-8991
Direct: (559) 317-6243
Cell: (559) 360-1886
www.JLBtraffic.com
From: Matt Hamilton <[email protected]>
Sent: Thursday, March 6, 2025 5:21 PM
To: Jose Benavides <[email protected]>
Cc: Matt Arndt <[email protected]>; Javier Rios <[email protected]>; Paul Archer <[email protected]>; [email protected]; HLuna <[email protected]>; Padilla, Dave@DOT <[email protected]>; Soo Ho Park <[email protected]>
Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Jose –
My first comment was not an implication concerning the project’s General Plan consistency. Including Future Year with and without Project is consistent with the City’s TIA guidelines, available online at Resolution-No-2763.pdf.

Given the high volume of traffic generated, we anticipate enough would come to and from the community that the City’s threshold of over 50 peak-hour vehicles would be met. At the very least, the intersection of Merced Street at Golden State Boulevard is one that should be analyzed. My suggestion to provide a trip distribution was intended to allow you to justify the list you provided.

Sincerely,
Matt Hamilton, PE

PROVOST & PRITCHARD CONSULTING GROUP
400 East Main Street, Suite 300, Visalia, CA 93291
OƯice: (559) 636-1166 | Cell: (559) 679-9258
Email: [email protected] | Website: provostandpritchard.com From: Jose Benavides <[email protected]>
Sent: Thursday, March 6, 2025 4:36 PM
To: Matt Hamilton <[email protected]>
Cc: Matt Arndt <[email protected]>; Javier Rios <[email protected]>; Paul Archer <[email protected]>; [email protected]; HLuna <[email protected]>; Padilla, Dave@DOT <[email protected]>; Soo Ho Park <[email protected]>
Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Good afternoon Matt,
Yesterday we received comments from the County of Fresno and Caltrans. The County of Fresno has approved the Draft Scope of Work as presented. Caltrans asked that each of the Existing plus Project Scenario be analyzed as the roads and traffic controls exist today and if any improvements are needed that we analyze those separately.

What Caltrans is asking for is the process we follow and as such there is no change to the scope of work either.

Please see their respective comments for your records.

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Section 10, Item E
3 Sincerely,
Jose Luis Benavides, P.E., T.E.

We had been informed that this project was consistent with the City’s General Plan and that is why we were not proposing to include a Cumulative Year No Project Scenario. Is the City implying that the Project is not consistent with the City’s General Plan? If the Project is consistent with the City’s General Plan, what would be the purpose of a Cumulative Year No Project scenario specially with LOS is no longer a CEQA threshold? Traffic to and from a Convenience Market and Gasoline Stations is heavily driven bypass by traffic and we do believe that a large percentage of the users of this facility will come through pass-by traffic, from State Route 99, but do understand that some will also come from the community. Based on your response is the City indicating that the list of study intersections will not be finalized until the Project’s select zone from the Fresno COG model is completed?
Sincerely,
Jose Luis Benavides, P.E., T.E.

President
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4 Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Direct: (559) 317-6249
Main: (559) 570-8991
Cell: (559) 694-6000
Fax: (559) 317-6854
www.JLBtraffic.com
From: Javier Rios <[email protected]>
Sent: Tuesday, March 4, 2025 4:41 PM
To: Jose Benavides <[email protected]>; Matt Arndt <[email protected]> Subject: FW: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work FYI,
Received this response on the TIA Draft Scope of Work for the Fowler Convenience Market & Gasoline Station this afternoon.

Study Scenarios
Near Term shall include Approved Projects
 2046 without Project should be included.

Study Intersections
 Based on the City’s TIA Guidelines, I expect additional intersections would be necessary. This seems to assume all the traffic would travel to and from SR 99. Provide conceptual trip distribution to support this assumption.

Please let me know if you have any questions.

Sincerely,
Matt Hamilton, PE

PROVOST & PRITCHARD CONSULTING GROUP
400 East Main Street, Suite 300, Visalia, CA 93291
OƯice: (559) 636-1166 | Cell: (559) 679-9258
Email: [email protected] | Website: provostandpritchard.com From: Javier Rios <[email protected]>
Sent: Wednesday, February 12, 2025 5:46 PM
To: Soo Ho Park <[email protected]>
Cc: [email protected] <[email protected]>; [email protected] <[email protected]>; Padilla, Dave@DOT <[email protected]>; JOSE BENAVIDES - [email protected] <[email protected]>; Matt Arndt <[email protected]> Subject: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Good afternoon,
Attached to this email is the Draft Scope of Work for the preparation of a Traffic Impact Analysis for the Convenience Market & Gasoline Station TIA. This Project is located on the northwest corner of Fowler Avenue and Fresno Street in the City of Fowler.

We kindly ask that you take a moment to review and comment on the proposed Draft Scope of Work. If you have any questions or require additional information, please contact me by phone at (559)317-6245 or by responding to this email. We appreciate your time and attention to this matter and look forward to hearing from you soon.

You don't often get email from [email protected]. Learn why this is important 325
Section 10, Item E
6 Sincerely,
Javier Rios,
Engineer I/II
Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Direct: (559) 317-6245
Office: (559) 570-8991
www.JLBtraffic.com
326
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1 Matt Arndt
From: Padilla, Dave@DOT <[email protected]>
Sent: Wednesday, March 5, 2025 3:54 PM
To: Matt Arndt; Yelton, Elizabeth@DOT
Cc: Jose Benavides; [email protected]
Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Hi MaƩ,
Yes, perfect. Thank you for the quick response. We have no further concerns.

Thank you,
David Padilla, Branch Chief
Caltrans District 6
Office of MulƟmodal TransportaƟon Planning
Local Development Review Branch
Mobile 559-905-9371
Web www.dot.ca.gov | Email [email protected]
1352 W. Olive Avenue|Fresno, CA 93728
InsƟtute of TransportaƟon Engineers Member
From: Matt Arndt <[email protected]>
Sent: Wednesday, March 5, 2025 3:52 PM
To: Padilla, Dave@DOT <[email protected]>; Yelton, Elizabeth@DOT <[email protected]> Cc: Jose Benavides <[email protected]>; [email protected] Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work EXTERNAL EMAIL. Links/attachments may not be safe.

Hello Dave,
A level of service output will be provided for each intersecƟon under the ExisƟng plus Project scenario with and without improvements. Please let me know if this answers your quesƟons.

Sincerely,
Matthew Arndt
Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
327
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2 Office: (559) 570-8991
Direct: (559) 317-6243
Cell: (559) 360-1886
www.JLBtraffic.com
From: Padilla, Dave@DOT <[email protected]>
Sent: Wednesday, March 5, 2025 3:45 PM
To: Matt Arndt <[email protected]>; [email protected] Cc: Jose Benavides <[email protected]>; Yelton, Elizabeth@DOT <[email protected]> Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Hello MaƩ,
I apologize for the oversight on this review.

In reviewing the Scope of Work (SOW) under the study scenarios, will you be presenƟng the ExisƟng plus Project Traffic condiƟons without improvements to idenƟfy any potenƟal deficiencies? We would like this to be a standalone scenario.

Other than that, we have no further comments.

Elizabeth, please take the lead on this review. I do not believe this is in our database, and at this Ɵme, there is no need to route it.

Thank you,
David Padilla, Branch Chief
Caltrans District 6
Office of MulƟmodal TransportaƟon Planning
Local Development Review Branch
Mobile 559-905-9371
Web www.dot.ca.gov | Email [email protected]
1352 W. Olive Avenue|Fresno, CA 93728
InsƟtute of TransportaƟon Engineers Member
From: Matt Arndt <[email protected]>
Sent: Wednesday, March 5, 2025 2:52 PM
To: Padilla, Dave@DOT <[email protected]>; [email protected] Cc: Jose Benavides <[email protected]>
Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work EXTERNAL EMAIL. Links/attachments may not be safe.

Hello,
Following up to see if you had Ɵme to review this DraŌ Scope of Work. Let me know if you have any quesƟons or comments.

Sincerely,
Matthew Arndt
328
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3 Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Office: (559) 570-8991
Direct: (559) 317-6243
Cell: (559) 360-1886
www.JLBtraffic.com
From: Jose Benavides <[email protected]>
Sent: Thursday, February 27, 2025 4:29 PM
To: [email protected]; Padilla, Dave@DOT <[email protected]>; [email protected]; [email protected]
Cc: Matt Arndt <[email protected]>; Javier Rios <[email protected]> Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Good afternoon all,
We are following up to inquire on the status of your agencies review of the proposed scope of work for the preparation of a TraƯic Impact Analysis for this project in the City of Fowler. Can each one of you provide us with an update on the review progress so that we can have an idea as to when we can expect feedback from each agency?
Thank you for your help on this review.

Sincerely,
Jose Luis Benavides, P.E., T.E.

President
Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Direct: (559) 317-6249
Main: (559) 570-8991
Cell: (559) 694-6000
Fax: (559) 317-6854
www.JLBtraffic.com
329
Section 10, Item E
4 From: Javier Rios <[email protected]>
Sent: Wednesday, February 12, 2025 5:47 PM
To: [email protected]
Cc: [email protected]; [email protected]; Padilla, Dave@DOT <[email protected]>; Jose Benavides <[email protected]>; Matt Arndt <[email protected]> Subject: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Good aŌernoon,
AƩached to this email is the DraŌ Scope of Work for the preparaƟon of a Traffic Impact Analysis for the Convenience Market & Gasoline StaƟon TIA. This Project is located on the northwest corner of Fowler Avenue and Fresno Street in the City of Fowler.

We kindly ask that you take a moment to review and comment on the proposed DraŌ Scope of Work. If you have any quesƟons or require addiƟonal informaƟon, please contact me by phone at (559)317-6245 or by responding to this email. We appreciate your Ɵme and aƩenƟon to this maƩer and look forward to hearing from you soon.

Sincerely,
Javier Rios,
Engineer I/II
Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Direct: (559) 317-6245
Office: (559) 570-8991
www.JLBtraffic.com
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1 Matt Arndt
From: Luna, Hector <[email protected]>
Sent: Wednesday, March 5, 2025 4:05 PM
To: Matt Arndt; Padilla, Dave@DOT
Cc: Jose Benavides; Hines, Brody
Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work No comment
Regards,
Hector E. Luna| Senior Planner
Department of Public Works and Planning |
Water and Natural Resources Division
2220 Tulare St. 6th Floor Fresno, CA 93721
Main OƯice: (559) 600-4292 | Direct: (559) 600-9672
Email: [email protected]
Your input matters! Customer Service Survey
From: Matt Arndt <[email protected]>
Sent: Wednesday, March 5, 2025 2:52 PM
To: Padilla, Dave@DOT <[email protected]>; Luna, Hector <[email protected]> Cc: Jose Benavides <[email protected]>
Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Hello,
Following up to see if you had Ɵme to review this DraŌ Scope of Work. Let me know if you have any quesƟons or comments.

Sincerely,
Matthew Arndt
Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Office: (559) 570-8991
Direct: (559) 317-6243
Cell: (559) 360-1886
www.JLBtraffic.com
331
Section 10, Item E
2 From: Jose Benavides <[email protected]>
Sent: Thursday, February 27, 2025 4:29 PM
To: [email protected]; Padilla, Dave@DOT <[email protected]>; [email protected]; [email protected]
Cc: Matt Arndt <[email protected]>; Javier Rios <[email protected]> Subject: RE: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Good afternoon all,
We are following up to inquire on the status of your agencies review of the proposed scope of work for the preparation of a TraƯic Impact Analysis for this project in the City of Fowler. Can each one of you provide us with an update on the review progress so that we can have an idea as to when we can expect feedback from each agency?
Thank you for your help on this review.

Sincerely,
Jose Luis Benavides, P.E., T.E.

President
Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103
Fresno, CA 93704
Direct: (559) 317-6249
Main: (559) 570-8991
Cell: (559) 694-6000
Fax: (559) 317-6854
www.JLBtraffic.com
From: Javier Rios <[email protected]>
Sent: Wednesday, February 12, 2025 5:47 PM
To: [email protected]
Cc: [email protected]; [email protected]; Padilla, Dave@DOT <[email protected]>; Jose Benavides <[email protected]>; Matt Arndt <[email protected]> Subject: Fowler Convenience Market & Gasoline Station TIA Draft Scope of Work Good aŌernoon,
AƩached to this email is the DraŌ Scope of Work for the preparaƟon of a Traffic Impact Analysis for the Convenience Market & Gasoline StaƟon TIA. This Project is located on the northwest corner of Fowler Avenue and Fresno Street in the City of Fowler.
332
Section 10, Item E
3 We kindly ask that you take a moment to review and comment on the proposed DraŌ Scope of Work. If you have any quesƟons or require addiƟonal informaƟon, please contact me by phone at (559)317-6245 or by responding to this email. We appreciate your Ɵme and aƩenƟon to this maƩer and look forward to hearing from you soon.

JLB Traffic Engineering, Inc.
800-975-6938 Phone/Fax 516 W. Shaw Ave, Suite 103
www.metrotrafficdata.com Fresno, CA 93704

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:00 AM - 7:15 AM 0 1 0 49 2 0 39 23 9 3 0 0 28 15 0 0 25 8 0 0 7:15 AM - 7:30 AM 0 2 0 62 3 0 38 30 8 6 0 0 33 12 0 0 36 9 0 4 7:30 AM - 7:45 AM 0 4 0 88 6 0 58 26 7 1 0 0 44 10 4 0 38 18 0 5 7:45 AM - 8:00 AM 0 1 0 85 2 0 54 24 1 3 0 0 59 8 3 0 52 15 0 3 8:00 AM - 8:15 AM 0 1 0 82 0 0 45 17 5 8 0 0 65 3 2 0 56 21 0 2 8:15 AM - 8:30 AM 0 1 0 78 2 0 52 28 2 8 0 0 58 8 0 0 70 50 0 1 8:30 AM - 8:45 AM 0 1 0 35 1 0 41 18 5 4 0 0 19 8 1 0 47 33 0 5 8:45 AM - 9:00 AM 0 1 0 36 0 0 30 16 5 3 0 0 22 10 1 0 34 10 0 4 TOTAL 0 12 0 515 16 0 357 182 42 36 0 0 328 74 11 0 358 164 0 24 Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 4:00 PM - 4:15 PM 0 6 0 56 3 0 43 24 7 1 0 0 42 2 0 0 67 37 0 0 4:15 PM - 4:30 PM 0 7 0 53 2 0 41 39 13 3 0 0 28 9 0 0 51 39 0 0 4:30 PM - 4:45 PM 0 4 0 62 2 0 30 23 10 1 0 0 20 17 2 0 59 39 0 4 4:45 PM - 5:00 PM 0 2 0 46 0 0 49 32 6 1 0 0 28 13 0 0 53 37 0 0 5:00 PM - 5:15 PM 0 2 0 45 1 0 28 22 7 3 0 0 25 10 1 0 66 33 0 1 5:15 PM - 5:30 PM 0 0 0 53 0 0 53 31 7 3 0 0 31 8 0 0 47 36 0 0 5:30 PM - 5:45 PM 0 0 0 51 0 0 50 40 11 5 0 0 21 8 2 0 61 32 0 1 5:45 PM - 6:00 PM 0 1 0 55 1 0 42 29 12 2 0 0 31 6 0 0 47 34 0 2 TOTAL 0 22 0 421 9 0 336 240 73 19 0 0 226 73 5 0 451 287 0 8 PEAK HOUR U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:30 AM - 8:30 AM 0 7 0 333 10 0 209 95 15 20 0 0 226 29 9 0 216 104 0 11 4:00 PM - 5:00 PM 0 19 0 217 7 0 163 118 36 6 0 0 118 41 2 0 230 152 0 4 PHF Trucks PHF
AM 0.889 4.1% PM 36 118 163 0 0.852
PM 0.963 1.7% AM 15 95 209 0 0.876
PHF 0.903 0.938
AM PM
0 0 0 0
0 0 104 152
118 226 216 230
41 29 0 0
PM AM
PHF

0.667 0.918 PHF

0.924 0 7 0 333 AM

0.894 0 19 0 217 PM
Turning Movement Report
SR 99 SB Off-Ramp / Merced Avenue
Fresno
Tuesday, February 25, 2025 Clear

36.6263
-119.6848

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Fowler City CouncilDecember 2, 2025

Fowler City Council
December 2, 2025