ORDINANCE NO. 2026-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER REPEALING AND REPLACING CHAPTER 20 RELATING TO THE REGULATION OF TOBACCO
RETAILERS
WHEREAS, the City of Fowler Municipal Code currently provides some regulatory guidance for the operation of Tobacco Retailers within the City Limits; and WHEREAS, these regulations should be updated from time to time, and therefore the City has proposed a repeal of the current regulations, to be replaced with the updated text; and WHEREAS, at a regular meeting on Tuesday, April 21, 2026, at 6:00pm, the Fowler City Council conducted a public hearing to consider the text amendment proposed under Ordinance No. 2026-05; and
WHEREAS, notice of said public hearing was published in the Friday, April 10, 2026 edition of The Business Journal, posted at City Hall and the City’s website; and WHEREAS, the City Council, has reviewed and considered the staff report, and all evidence presented at the City Council’s regular meeting on April 21, 2026, including oral and written public testimony on the project, and which is herein incorporated by this reference, regarding recommending approval of Ordinance No. 2026-05 as described herein (“Administrative Record”).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the text amendment proposed under Ordinance No. 2026-05 is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to the “common sense” exemption under CEQA Guidelines section 15061, subdivision (b)(3).
SECTION 2. The text amendment proposed under Ordinance No. 2026-05 is consistent with the City’s General Plan and protects the public health, safety, and general welfare of residents in the City of Fowler.
SECTION 3. Chapter 20, Tobacco Retailers, of Title 5 is hereby repealed and is to be replaced in the Fowler Municipal Code, in the same place and label, as Chapter 20, Tobacco Retailers, in Title 5 of the Fowler Municipal Code, to read as follows:
5-20.01 Findings.
The City Council finds and determines that:
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(a) State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Penal Code 308). (b) State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under eighteen (18) years of age (Business & Professions Code 22956) and provides procedures for using persons under eighteen (18) years of age to conduct onsite compliance checks of tobacco retailers (Business & Professions Code 22952). (c) State law requires that tobacco retailers post a conspicuous notice at each point of sale, stating that selling tobacco products to anyone under eighteen (18) years of age is illegal (Business & Professions Code 22952, Penal Code 308).
(d) State law prohibits the sale or display of cigarettes through a self-service display and prohibits public access to cigarettes without the assistance of a clerk (Business & Professions Code 22962).
(e) State law prohibits the sale of bidis (hand rolled filterless cigarettes imported primarily from India and Southeast Asian countries) except at those businesses that prohibit the presence of minors (Penal Code 308.1). (f) State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than twenty (20) and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than six-tenths of an ounce of tobacco (Penal Code 308.3).
(g) State law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees (Education Code 48901(a)).
(h) Eighty-eight (88) percent of adults who have ever smoked tried their first cigarette by the age of eighteen (18), and the average age at which smokers try their first cigarette is fourteen and one-half (14½). (i) The City of Fowler has a substantial interest in promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and in protecting children from being lured into illegal activity through the misconduct of adults.
(j) California courts in Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of local jurisdictions to regulate business activity in order to discourage violations of law.
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(k) State law authorizes local tobacco retailer licensing laws to provide for the suspension or revocation of the local tobacco retailer license for any violation of a State tobacco control law (Business & Professions Code 22971.3). (l) A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the city to regulate the operation of lawful businesses to discourage violations of Federal, State, and local tobaccorelated laws. 5-20.02 Purpose.
The purpose of this chapter is to encourage responsible tobacco retailing and to discourage violations of all tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco product to minors, but not to expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the penalty provided for violations. 5-20.03 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction.
“Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. “Cannabis Product” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. “Cannabis Retailer” means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 et seq., as that section may be amended from time to time.
“Child-Resistant Packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. 545
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“Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand.
“Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.
"City Manager" means the City Manager of the City of Fowler or his or her designee.
“Compliance checks” means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this chapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
“Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
“Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes, but is not limited to, delivery by licensees or third parties by any means, including curbside pick-up, pick-up locker, or via shipment by a common carrier. "Department" means the Fowler Police Department.
“Displayed Price” means the price displayed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale.
"Drug paraphernalia" shall have the definition set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug 546
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Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Flavored Tobacco Product” means any tobacco product that imparts:
(1) a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.
(2) a cooling or numbing sensation distinguishable by an ordinary consumer either prior to or during the consumption of such tobacco product. “Full Retail Price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.
“Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo. “Loosies” means the sell of tobacco products outside of or in less quantities of the original and duly regulated packaging in which the product was meant and approved to be sold.
“Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.
“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
“Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
“Presumptive Flavored Tobacco Product” means any communication by, or on behalf of, the manufacturer or retailer of a tobacco product that indicates that the product imparts: a taste or smell other than the taste or smell of tobacco; or a cooling or numbing sensation, constitutes presumptive evidence of a violation of this section. 547
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Presumptive evidence may include but is not limited to the use of terms such as “cool,” “chill,” “ice,” “fresh,” “arctic,” or “frost” to describe the product. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or shares ultimate control over the day-to-day operations of a business.
“Recreation Facility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.
“Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. "Self-service display" means the open display of tobacco products in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device. "Tobacco product" means:
(a) Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little cigars, pipe tobacco, chewing tobacco, snuff; and
(b) Any electronic smoking device that delivers nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah. (c) Any component, part, or accessory, or any other item designed or marketed for the smoking, preparation, storing, or consumption of (a) or (b), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes (d) But does not mean or include any drug, product, device, or combination thereof that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such approved purpose. "Tobacco retailer" means any person who sells, offers for sale, or exchanges or offers to exchange, for any form of consideration, tobacco, tobacco products, or who 548
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distributes free or low cost samples of tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.
"Tobacco retailing" shall mean selling, offering for sale, exchanging, or offering to exchange for any form of consideration tobacco, tobacco products without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. “Youth-Oriented Facility” means a parcel in the City that is occupied by:
(1) a private or public kindergarten, elementary, middle, junior high, or high school;
(2) a library open to the public;
(3) a playground open to the public;
(4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;
(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes;
(6) a park open to the public or to all the residents of a private community; (7) a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]];
5-20.04 Tobacco retailer license required.
(a) It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which that activity is to occur.
(b) A tobacco retailer or proprietor without a valid tobacco retailer license, including, without limitation, a person whose license has been revoked:
(1) Shall keep all tobacco products out of public view. The public display of tobacco products in violation of this provision shall constitute tobacco retailing without a license and shall be subject to the penalties provided herein. (2) Shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
(c) Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the license. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law. 549
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5-20.05 Limits on tobacco retailer licenses.
(a) No license will be issued to authorize tobacco retailing at other than a fixed location.
No license will be issued for itinerant tobacco retailing or tobacco retailing from moveable place.
(b) LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10.
(c) PHARMACIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.
(d) PROXIMITY TO YOUTH-ORIENTED FACILITIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a youth-oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located.
(e) PROXIMITY TO OTHER TOBACCO RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a tobacco retailer location already licensed pursuant to this chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located. (f) PROXIMITY TO CANNABIS RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer is located.
(g) POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows:
(1) The total number of tobacco retailer licenses within the city shall be limited to one for each [ 2,500 ] inhabitants of the city.
(2) For the purposes of this subsection, the total population of the city shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. (3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1).
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5-20.06 Application procedure.
(a) All applications for a license shall be submitted to the City Manager in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. All applications shall be submitted on a form supplied by the City Manager and shall contain the following information:
(1) The name, address, and telephone number of each proprietor; (2) The business name, address, and telephone number of the fixed location for which a license is sought;
(3) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years; (4) Whether or not any proprietor has previously been issued a license in another jurisdiction pursuant to a local ordinance similar to this chapter that is, or was at any time, revoked and, if so, the date of revocation; (5) Whether or not any proceedings are pending against a proprietor or his or her agents or employees for violating any local, State, or Federal tobacco control law in the City or any other jurisdiction;
(6) A statement signed by each proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought; and (7) Such other information as the City Manager deems necessary for the administration or enforcement of this chapter.
(8) The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter.
(9) Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products. (10) A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this chapter. (11) Such other information as the City Manager deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.
(b) An applicant or licensed tobacco retailer shall inform the City Manager in writing of any change in any information required to be submitted in order to apply for a tobacco retailer's license within ten (10) business days of a change. 551
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(c) Applications submitted pursuant to this section shall be deemed public records under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.
(d) A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section 5.20-16 of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law. 5-20.07 Issuance and renewal of license.
(a) Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this chapter, the City Manager may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary:
(b) The City Manager may deny an application for a tobacco retailer’s license based on any of the following:
(1) The application is incomplete or inaccurate. Intentionally supplying inaccurate or false information shall be a violation of this chapter; (2) The application seeks authorization for tobacco retailing at an address that appears on a license that has been revoked, or is subject to revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City Manager with clear and convincing evidence demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction;
(3) The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a licensed to be issued;
(4) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued;
(5) The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law; or (6) Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this chapter and other laws relating to the sale of tobacco products.
(c) A license shall be issued on a calendar year basis as follows: First-year licenses issued after September 1st shall be valid until December 31st of the succeeding year and automatically expire at that time unless sooner revoked. First-year licenses issued prior to September 1st shall be valid until December 31st of that 552
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year and automatically expire at that time unless sooner revoked. Licenses may be renewed prior to expiration by submitting an application for renewal to the City Manager prior to December 1st but no earlier than November 1st. The renewal application shall be accompanied by the applicable license fee and the applicant shall follow all of the procedures and provide all of the information required by Section 5-20.06. A license that has been revoked, or is subject to revocation proceedings, shall not be renewed.
(d) Where the City Manager does not approve a license or renewal of a license, the City Manager shall notify the applicant of the specific grounds for the denial in writing. The notice of denial shall be served personally or by mail not later than five (5) working days after the date of the denial. If by mail, the notice shall be placed in a sealed envelope, with postage paid, and shall be addressed to the applicant at the address as it appears on the application. The giving of notice shall be deemed complete at the time of deposit of the notice in the mail or at the time of personal service. Personal service to a corporation may be made by delivery of the notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action. 5-20.08 Display of license.
Each license shall be prominently displayed in a publicly visible location at the licensed premises.
5-20.09 License fee.
The fee to issue or to renew a tobacco retailer's license shall be established by resolution of the City Council. The fee may be calculated so as to recover the total cost of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the total program. All fees shall be used to fund the program.
Fees are non-refundable except as may be required by law. 5-20.10 Expiration of license.
A tobacco retailer's license that is not timely renewed shall expire at the end of its term and the proprietor must submit a new application pursuant to Section 5-20.06. To reinstate a license that has expired, or to renew a license not timely renewed, the proprietor must:
(a) Submit the license fee plus a reinstatement fee of fifteen (15) percent of the license fee; and
(b) Submit a signed affidavit affirming that the proprietor:
(1) Has not sold and will not sell any tobacco product after the license expiration date and before the license is renewed; and
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(2) Following the proprietor's last act of tobacco retailing has waited the appropriate ineligibility period established for tobacco retailing without a license before seeking renewal of the license.
5-20.11 Licenses nontransferable.
(a) A tobacco retailer's license may not be transferred from one person to another or from one location to another. Any attempt to do so shall constitute a violation of this chapter. Whenever a tobacco retailing location has a change in proprietors, a new tobacco retailer's license is required.
(b) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new Proprietor; and (2) The new proprietor provides the City Manager with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm's length transaction.
5-20.12 Retailer prohibitions.
(a) No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.
(b) No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government-issued photographic identification that the recipient is at least 21 years of age. (c) No person who is younger than the minimum age established by State law for the purchase or possession of tobacco products shall engage in tobacco retailing. (d) It shall be a violation of a tobacco retailer's license for a licensee, or the licensee’s agents or employees, to violate any provision of this chapter or any other local, State, or Federal law applicable to the sale of tobacco products . (e) Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter.
(f) It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.
RESUMPTIVE FLAVORED TOBACCO PRODUCT. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a cooling or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product.
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This includes but is not limited to public statements that a product has a minty or cooling effect, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” or “frost.”
(g) No proprietor shall sell or offer to sell any flavored tobacco product or tobacco product:
(1) By means of any type of vending machine.
(2) By means of loosies.
(3) By means of self-service display. All tobacco products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public.
(4) By means of delivery sales. The delivery sale of tobacco products is prohibited in the City. All sales of tobacco products will be conducted inperson in the licensed location. It is a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the City. 5-20.12.5 Tobacco Product Pricing and Packaging
(a) Packaging and labeling. No tobacco retailer will sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.
(b) Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.
(c) Distribution of tobacco product samples or promotional items. It is unlawful for any person to distribute free or nominally-priced tobacco products. (d) Prohibition of tobacco product coupons and discounts. No tobacco retailer will:
(1) honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price; (2) sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or
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(3) provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.
(e) Minimum package size for cigarettes, little cigars, and cigars. No tobacco retailer will sell:
(1) any cigarette unless sold in a package of at least [ 20 ] cigarettes; or (2) any little cigar unless it is sold in a package of at least [ 20 ] little cigars; or (3) any cigar unless it is sold in a package of at least [ 6 ] cigars; provided, however, that this subsection will not apply to a cigar that has a price of at least [ $8.00 ] per cigar, including all applicable taxes and fees. (f) Minimum prices for cigarettes, little cigars, and cigars. No tobacco retailer will sell:
(1) Cigarettes at a displayed price that is less than [ $15.00 ] per package of 20 cigarettes, plus $1.75 for every additional cigarette, including all applicable taxes and fees; or
(2) Little cigars at a displayed price that is less than [ $15.00 ] per package of little cigars, plus $1.75 for every additional little cigar, including all applicable taxes and fees; or
(3) Cigars at a displayed price that is less [ $8.00 ] per cigar, including all applicable taxes and fees. Cigars sold in packages no less than [ 6 ] per pack will be sold not less than [ $40.00 ] per pack, plus $1.75 for every additional cigar, including all applicable taxes and fees ; or
The minimum prices established in this section will be adjusted annually by the City Manager in proportion with the Consumer Price Index, using a system established by the City Manager. The City Manager will recommend to the City Council a minimum price for any tobacco product not otherwise listed herein or that may enter the consumer market hereafter. (g) Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.
5-20.13 Compliance monitoring.
(a) Compliance with this chapter shall be monitored by the Fowler Police Department.
Any peace officer may enforce the provisions of this chapter. In addition, the City may designate additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by City staff or designated persons during regular business hours.
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(b) The City shall inspect each tobacco retailer at least [ 3 ] times per 12 month period to ensure compliance with this chapter.
(c) Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing, including compliance with this chapter.
(d) The City will conduct at least [ one ] compliance check per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products. (d) The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when the youth decoy is participating in a compliance check which is supervised by a peace officer of the City or participating in a compliance check funded directly or indirectly by any State or local agency, organization, or Department.
5-20.14 Violations.
(a) Failure to Obtain Tobacco Retailer's License. In addition to any other penalty authorized by law, if the City Manager or any court of competent jurisdiction determines after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the following penalties shall apply:
(1) After a first violation at a location within any five-year period, all proprietors shall pay an administrative fine of five hundred dollars ($500.00) and no license may be issued for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction) until sixty (60) days have passed from the date of the violation.
(2) After a second violation at a location within any five-year period, all proprietors shall pay an administrative fine of seven hundred fifty dollars ($750.00) and no license may be issued for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction) until ninety (90) days have passed from the date of the violation.
(3) After a third violation at a location within any five-year period, all proprietors shall pay an administrative fine of one thousand dollars ($1,000.00) and no license may be issued for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction) until one year has passed from the date of the violation.
(4) After a fourth or subsequent violation at a location within any five-year period, all proprietors shall pay an administrative fine of one thousand dollars 557
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($1,000.00) and no license may be issued for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction) until five (5) years have passed from the date of the violation. (b) Other Violations. In addition to any other penalty authorized by law, if the City Manager or any court of competent jurisdiction determines after notice and an opportunity to be heard, that a licensee, or any of the licensee's agents or employees, have violated any of the requirements, conditions, or prohibitions of this chapter, or if the licensee has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any requirements, conditions, or prohibitions of this chapter, the following penalties shall apply:
(1) After a first violation at a location within any five-year period, the license shall be revoked, and no new license shall be issued for the location, for a period of sixty (60) days from the date of the revocation and all proprietors shall pay an administrative fine of five hundred dollars ($500.00).
(2) After a second violation at a location within any five-year period, the license shall be revoked, and no new license shall be issued for the location, for a period of ninety (90) days from the date of the revocation and all proprietors shall pay an administrative fine of seven hundred fifty dollars ($750.00). (3) After a third violation at a location within any five-year period, the license shall be revoked, and no new license shall be issued for the location, for a period of one year from the date of the revocation and all proprietors shall pay an administrative fine of one thousand dollars ($1,000.00). (4) After a fourth or subsequent violation at a location within any five-year period, the license shall be revoked, and no new license shall be issued for the location, for a period of five (5) years from the date of the revocation and all proprietors shall pay an administrative fine of one thousand dollars ($1,000.00).
(c) Stipulation in Lieu of Penalties. Notwithstanding the foregoing penalties, for a first violation within any five-year period, the City Manager may enter into a stipulation with the tobacco retailer for a lesser period of delayed license issuance or suspension provided the tobacco retailer agrees to the following:
(1) To immediately obtain a license if one has not been issued. (2) To forego a hearing.
(3) To pay the required administrative fines.
(4) To an admission that the violation occurred and that the violation will be considered in determining the penalty for any future violation. (5) Such other terms as the City Manager deems reasonable.
The stipulation shall be a public record. The stipulation shall not be available for second and subsequent violations within any five-year period. 558
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5-20.15 Notice, appeal and hearing procedures.
The following procedures shall apply to the denial or revocation of a license or the imposition of penalties for violations of this chapter:
(a) Notice of Denial or Violation. A notice of denial or a notice of violation and of intent to suspend or revoke a license or impose a fine shall be personally served on or sent by certified mail to the person or persons subject to the revocation or fine. The address supplied pursuant to a tobacco retailer license application shall be deemed an appropriate address to provide such notice to any proprietor listed on the application. The notice shall state the basis of the City Manager's determinations and include an advisement of the right to request a hearing to contest the suspension, revocation, or the fine. Any request for a hearing must be in writing and must be received by the City Manager within ten (10) calendar days of personal service of the notice on the person or persons subject to a revocation or a fine or within fifteen (15) calendar days if the person or persons subject to a revocation or a fine are served by mail.
Penalties shall be stayed pending any hearing.
(b) License Revocation and Imposition of Fine. If no request for a hearing is timely received, the City Manager's denial of the application for license or determination on the violation and the imposition of a revocation or a fine shall be final.
Revocation shall be effective as of the date specified in the notice, and payment of any fine shall be made within thirty (30) calendar days of written demand made in the manner specified above for a notice of violation. If the fine is not paid within that time, the fine may be collected along with a late payment penalty of fifteen (15) percent. In the event that a judicial action is necessary to compel payment of the fine and late penalty, the person or persons subject to the fine shall also be liable for the costs of the suit and attorneys' fees incurred by the City in collecting the fine. (c) Notice of Hearing. If a hearing is requested pursuant to subsection (a) of this section, the City Manager shall provide written notice within forty-five (45) calendar days of its receipt of the hearing request to the person or persons subject to a revocation or a fine of the date, time, and place of the hearing in the manner specified above for a notice of violation. The hearing officer shall be the City Manager or his/her designee. At the hearing, the hearing officer shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this chapter, and any other relevant information. The hearing is informal in nature and need not be conducted according to technical rules relating to evidence and witnesses. (d) Hearing Decision. The hearing officer shall render a written decision and findings within twenty (20) working days of the hearing. Copies of the decision and findings shall be provided to the person or persons subject to the denial, revocation or fine in the manner specified above for a notice of violation. (e) Finality of the Hearing Officer's Decision. The decision of the hearing officer shall be the final decision of the City.
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Any sustained penalties that were stayed during the pendency of the hearing shall be immediately imposed, unless the due date has not yet passed. (f) Appeal to Superior Court of Limited Jurisdiction. Within twenty (20) days after personal service of the hearing officer's decision and findings or within twenty-five (25) days if served by mail, any person subject to a denial, revocation or a fine may seek review of the hearing officer's decision and findings by the superior court of limited jurisdiction. A copy of the notice of appeal to the superior court shall be timely served in person or by first class mail upon the City Manager by the contestant. The appeal shall be heard de novo except that the contents of the City's file in the case shall be received in evidence. A copy of the City's records of the notices of the violation and of the hearing officer's decision and findings shall be admitted into evidence as prima facie evidence of the facts stated therein. 5-20.16 Revocation of license issued in error.
A tobacco retailer's license shall be revoked if the City Manager finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license existed at the time application was made, or at any time before the license was issued.
The revocation shall be without prejudice to the filing of a new application for a license. 5-20.17 Controlled substances and drug paraphernalia.
It shall be a violation of this chapter for any licensee or any of the licensee's agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia, as defined in Section 11364.5 of the Health and Safety Code, such as, for example, California Health and Safety Code Section 11364.7, except that a violation of Federal law relating to the use of medical marijuana shall not be a violation of this chapter if the conduct at issue is authorized pursuant to California Health and Safety Code Sections 11362.7 et seq., and not otherwise prohibited by City ordinance.
5-20.18 Enforcement and Additional Remedies.
(a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity including the provisions of the Fowler Municipal Code.
(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.
(c) Violations of this chapter are hereby declared to be public nuisances. (d) Violations of this chapter are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.
(e) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person 560
Section 10 , Item C
shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(f) Violations of this chapter are subject to a civil action brought by the [ city attorney ], punishable by a civil fine not less than [ $250 ] and not exceeding [ $1,000 ] per violation.
(g) Violations of this chapter may, in the discretion of the [ city attorney ], be prosecuted as infractions or misdemeanors when the interests of justice so require. (h) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the [ city attorney ], including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (i) Tobacco products offered for sale in violation of this chapter are subject to seizure by the City Manager or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this chapter. The decision by the City Manager may be appealed pursuant to the procedures set forth in Section 5-20.15. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
(j) For the purposes of the civil remedies provided in this chapter:
(1) Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter; and
(2) Each individual tobacco product that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter. (k) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer, and any related remedies will be pursued against the proprietor. 5-20.18.5 Exceptions
(a) Nothing in this chapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.
(b) Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing. 561
Section 10 , Item C
5.20.19 Business license requirements.
Nothing in this chapter is intended to waive any requirements for obtaining City business licenses as they pertain to the operation of retail outlets. 562
Section 10 , Item C
5-20.20 Severability.
It is the intent of the city council Fowler City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter, or its application to any other person or circumstance. The city council of Fowler City hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
****************************************************************************** SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council of the City of Fowler hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney. * * * * * * * * * *
The foregoing ordinance was introduced at a regular meeting of the City Council held on the 21st day of April 2026, and was adopted at a regular meeting of said Council held on the ____ day of ____, 2026, by the following vote:
AYES:
563
Section 10 , Item C
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Roy Santos, City Attorney
564
Section 10 , Item C
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: Tuesday April 21, 2026
FROM: NANCY BANDA, Finance Director & Treasurer
SUBJECT: RECEIVE AND FILE the Cash and Investment Report for the Third Quarter ending March 31, 2025; Fourth Quarter ending June 30, 2025; First Quarter ending September 30, 2025; Second Quarter ending December 31, 2025; Third Quarter ending March 31, 2026.
EXECUTIVE SUMMARY
The City earned $513,478.76 of interest income in the third and fourth quarters of Fiscal Year 2024-25. In Fiscal Year 2025-2026, the City earned $680,658.32 in the first through third quarters.
BACKGROUND
The Cash and Investment Report provides a detailed financial summary of the City’s cash and investments. Cash balances are invested in United Security Bank, Local Area Investment Fund (LAIF), California Asset Management Program (CAMP) Joint Powers Authority Pool, and California Cooperative Liquid Assets Securities System (California CLASS).
To ensure proper internal controls a dual approval procedure is required for any withdrawals or transfers from these accounts.
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
Interest income on City investments supports the implementation of the entire General Plan including its goals, policies, and action items.
FISCAL IMPACT
Interest earned is allocated monthly for CAMP, CLASS, and United Security Bank. As for LAIF, the interest earned is allocated on a quarterly basis. Journal entries will be processed on a quarterly basis.
PROCUREMENT PROCESS
565
Section 10, Item D
There is no procurement associated with this action.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Cash & Investment Report Third Quarter ending March 31, 2025 - Cash & Investment Report Fourth Quarter ending June 30, 2025 - Cash & Investment Report First Quarter ending September 30, 2025 - Cash & Investment Report Second Quarter ending December 31, 2025 - Cash & Investment Report Third Quarter ending March 31, 2026 566
Section 10, Item D
567
Section 10, Item D
568
Section 10, Item D
569
Section 10, Item D
570
Section 10, Item D
571
Section 10, Item D
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: Tuesday, April 21, 2026
FROM: NANCY BANDA, Finance Director/Treasurer
SUBJECT: CONSIDER: Approval of Resolution No. 2829 the submission of a loan application and securing a loan with the Rural Community Assistance Corporation.
EXECUTIVE SUMMARY
With the construction of the Fowler Police Department and Senior Center Project, staff is recommending submitting a loan application for an amount not exceeding $10,000,000.
BACKGROUND
Rural Community Assistance Corporation (“RCAC”) administers a program called Community Facilities Relending Loan Program that is a public/private partnership between U.S.
Department of Agriculture Rural Development and Rural Community Assistance Corporation to make low-interest rate loans with public bodies to provide essential community facilities.
This program allows entities to apply for loan financing for essential community facilities such as Public Safety and Public Facilities services. Staff are recommending the City of Fowler (“City”) applying for loan financing for the Fowler Police Department and Senior Center Project.
This program will allow the City to maintain cash for emergencies and operations.
Furthermore, the City will be spreading the cost over time while being able to contribute to other state and federal grant projects that may require a local match.
RCAC Community Facilities Relending Loan Program has a maximum per loan of $6,000,000 with exceptions for larger amounts possible. The term may be up to thirty (30) years, but Staff is recommending seven (7) years for a $10,000,000. Rates are 5% with possible 1% write down for first three years with a 1.125% loan fee and $300 document fee.
PUBLIC NOTICE
This item 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. 572
Section 10, Item E
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Goal PF-8
Provide City departments with adequate office and building space for employee workspace and equipment storage.
General Plan Policy PF-10
Form proactive community partnerships that develop responsible ownership for public safety in Fowler, inform the public in how they can improve their personal safety; use a preventative approach that is issue-oriented; support innovative approaches to problem-solving; establish mutual trust and communication among Police Services staff and the community; and provide positive role models and values through activities in the neighborhoods and community as a whole.
FISCAL IMPACT
$11,362,800 total estimated cost of loan with interest ($1,250,000) and fees (112,800). The loan payments will be paid through Measure N – Fund 201.
PROCUREMENT PROCESS
Loan financing through RCAC offers the most reasonable interest rate when compared to United Security Bank and other financial institutions. RCAC administers funding provided by the United States Department of Agriculture and operates in accordance with applicable federal requirements.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2829
573
Section 10, Item E
RESOLUTION NO. 2829
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
SUBMISSION OF A LOAN APPLICATION AND SECURING A LOAN WITH THE
RURAL COMMUNITY ASSISTANCE CORPORATION
WHEREAS, the City of Fowler (“City”) is a local government established under the laws of the State of California and empowered to own property, borrow money and give security for loans; and
WHEREAS, Rural Community Assistance Corporation (“RCAC”) is authorized to make loans for housing, environmental infrastructure and community facilities for low-income people; and
WHEREAS, the City wishes to obtain from RCAC a loan for the development of the Fowler Police Department and Senior Center Project located at 100 N 3rd Street, Fowler, CA in the County of Fresno; and
WHEREAS, if the loan is approved, the City is hereby authorized to incur indebtedness in an amount not to exceed $10,000,000.00 and to enter into a loan agreement with RCAC for the purposes set forth in the loan application and approved by RCAC. It may give a promissory note and execute security and other instruments required by RCAC to evidence and secure the indebtedness; and
WHEREAS, the City authorizes the City Manager or Finance Director/Treasurer to execute in the name of the Corporation, only that documentation required by RCAC for the disbursement of funds during the term of the loan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler hereby approves the submission of a loan application, the incurring of indebtedness, the execution of a loan agreement and any amendments thereto, a promissory note and any other documents necessary to secure a loan form Rural Community Assistance Corporation.
PASSED, APPROVED AND ADOPTED this 21ST day of April 2026, at a regular meeting of the Fowler City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Juan Mejia, Mayor
574
Section 10, Item E
ATTEST:
____________________________
Angela Vasquez, City Clerk
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Burke, Williams & Sorensen, LLP
575
Section 10, Item E
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: April 21, 2026
FROM: SOO HO PARK, City Engineer
SUBJECT: Actions pertaining to Tract 6405:
i. CONSIDER: Approval of Resolution No. 2830 to accept
the public improvements related to Tract 6405 upon
receipt of the maintenance bond required by the
subdivision agreement.
ii. CONSIDER: Directing the City Engineer to file the notice of completion and release the bonds associated with
Tract 6405
EXECUTIVE SUMMARY
Consider accepting the public improvements constructed as part of Tract 6405 and begin the one-year warranty period of the public improvements upon filing of the Notice of Completion.
BACKGROUND
The Final Map for Tract 6405, accepted by the City Council on September 5, 2023 dedicated public street right-of-way to the City for the purposes of providing public utilities and access to the lots.
The City currently holds a performance, labor, and material bond securities for Final Map No. 6405. These securities are held throughout construction to give the City a means to complete the public improvements should the developer fail to do so for any reason. These public improvements have since been completed and have been approved by the City Engineer. It is now appropriate for the City to formally accept the completion of work and release the developer’s construction bonds.
The project was completed and constructed in accordance with the plans and specifications to the satisfaction of the City Engineer. The one-year warranty period will begin upon the filing of the Notice of Completion, which will follow the Council’s acceptance of the project.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
576
Section 10, Item F
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
This action is consistent with:
General Plan Goal PF-1
Fowler provides reliable public facilities, utilities, and community services that meet the needs of the existing community and planned growth.
General Plan Policy PF-3
Ensure that land divisions and developments are approved only when a project's improvements, dedications, and fees fully cover incremental costs to the City and other agencies. Such improvements and infrastructure include parks, major streets, traffic signals, streetlights, drainage systems, sewer, water, fire, police, schools, and other related facilities.
FISCAL IMPACT
There will be ongoing maintenance and renewal costs for the completed improvements. These will be offset by the landscape and storm drain maintenance district No. 1 assessments. There will be no direct impact on the General Fund.
PROCUREMENT PROCESS
No procurement is associated with this action.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Resolution No. 2830
577
Section 10, Item F
RESOLUTION NO. 2830
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER
TO APPROVE AND ACCEPT THE PUBLIC IMPROVEMENTS CONSTRUCTED FOR TRACT NO. 6405 AND TO AUTHORIZE THE CITY ENGINEER TO RELEASE THE BOND
SECURITIES AND FILE A NOTICE OF COMPLETION
WHEREAS, Revised Vesting Tentative Subdivision Map No. 5952 was approved by the City Council with Resolution 2428 on May 7, 2019; and
WHEREAS, the Final Tract Map No. 5952 proposing to develop the first phase of the Revised Vesting Tentative Subdivision Map No. 5952 was approved by the City Council with Resolution 2526 on November 2, 2021;
WHEREAS, the Final Tract Map No. 6405 proposing to develop the remainder of the Revised Vesting Tentative Subdivision Map No. 5952 was approved by the City Council with Resolution 2674 on September 5, 2023;
WHEREAS, all work within the public right-of-way and all street improvements required by the conditions of approval of the Tract 6405 have been completed by the Owner in accordance with the City of Fowler Standard Drawings, City of Fowler Standard Specifications, the State of California Department of Transportation Standard Specifications, and the approved construction plans as stipulated in the Subdivision Agreements for the tract, and
WHEREAS, all such construction has been approved by the City Engineer and satisfactorily tested by approved testing laboratories; and
WHEREAS, Performance, Labor, and Materials bond securities were furnished to the City in accordance with the Subdivision Agreements for the tract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that:
1. The public improvements constructed for Tract No. 6405 are hereby approved and accepted, and authorization is given to the City Engineer to release the bond securities for said improvements in accordance with the provisions of Government Code section 66499.7.
2. The City Engineer is hereby authorized to file a Notice of Completion for this project with the Fresno County Recorder’s Office.
578
Section 10, Item E
PASSED, APPROVED AND ADOPTED this 21st day of April 2026, 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
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Burke, Williams & Sorensen, LLP
579
Section 10, Item E