00 AGENDA APRIL 20, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA93625  FOWLER CITY COUNCIL MEETING  This meeting will be conducted pursuant to the previsions of Paragraph 11 of the Governor's Executive Order N-25-20 which suspends certain requirements of the Ralph M. Brown Act, and as ar response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number listed below will provide access to the City Council meeting via teleconference. Please note: when joining the meeting you will be asked your name which will be used to identify  you during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference to have his/her/their phone set on "mute" to eliminate background noise or other interference from 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  telephonic participation.  the City's website at www.fowlercly.org. Meeting called to order Roll call  1. 2. 3.  Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.) 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    4.  Communications  Approve Proclamation "Day of Remembrance of the Armenian  Genocide". - Councilmember Karnig Kazarian  5.  Staff Reports  A) City Planner's Report B) City Manager's Report  COVID-19 Update  C) Public Works Director's Report  1) Approval of Resolution No. 2499, a Resolution of the City of Fowler Approving Agreements with Sitelogiq, Inc. and Advanced Lighting Services, Inc. for energy conservation improvements pursuant to Government Code Section 4217.10, et. seq. (Item to be Continued to  May 4, 2021 City Council Meeting)"  D) Finance Department Report E) Police Department Report Fire Department Report  F)  1)  Approval of Resolution No. 2500, a Resolution of the City Council of the City of Fowler approving a ease-purchase agreement with Leasing 2, Inc. for the purchase of two new fire engines for $726,835.68.  6. 7.  City Attorney's Report  Consent Calendar Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa Councilmember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa a Councilmember objects to an item, then it should be removed and acted upon as a  separate item. A)  Ratification of Warrants - April 20, 2021 City Council Meeting - April 6, 2021  B) Approve Minutes of the City Council Special Meeting - April 6, 2021, and  2    8.  Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro-Tem Rodriquez Councimember Kazarian Councimember Mejia Councimember Parra Adjournment  9.  Next Ordinance No. 2021-02  Next Resolution No. 2501  CERTIFICATION: 1 Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify  that the foregoing agenda was posted for public review on Friday, April 16, 2021.  Qngw Naws  Angela Vasquez Deputy City Clerk  3    CITY OF FOWLER  Office of Councilmember Karnig Kazarian  roolamation  WHEREAS, the City of Fowler stands united with human rights advocates, historians, and people of good conscience from around the world: in reaffirming and mourning over1.51 million innocent Armenian men, women, and children who perished from 1915 to 1923 in the mass and WHEREAS, 2021 marks the 106th anniversary since thel beginning of the Armenian Genocide, which continues to be actively denied by the' Turkish government and its proxies; and WHEREAS, Turkey's 's active denial has shifted to active support of recent genocidal acts by Azerbaijan against civilians in the Artsakh Republic, an area thati is historically and ethnically WHEREAS, this revictimization has opened deep-seated wounds from the Armenian Genocide WHEREAS, we musts spread the importance of tolerance, justice, and respect tol bring an end to WHEREAS, the City of Fowler encourages all people toa acknowledge and honor today as a historic reminder of the remarkable courage, resilience, and perseverance oft the Armenians and NOW/THEREFORE, I, David Cardenas, Mayor of the City of Fowler dol hereby proclaim that  systematic execution perpetrated by the Ottoman Empire; and  Armenian; and  and: must not serve as just another chapter in this story of hate; and  the perpetration of hate;and  their sufferings.  this City recognizes April 24, 2021, as:  DAYOF KEMEMBRANCE OF THE. ARMENIAN GENOCIDE  David Cardenas, Mayor    FOWLER EMCOUREE1  Consent Regular Item Workshop Closed Session Public Hearing ITEM: NO: 5F-1  1908  REPORT TO THE CITY COUNCIL  April 20, 2021 FROM: SUBJECT  Manuel Lopez, Fire Chief  Approve Resolution No. 2500 approving a Lease-Purchase Agreement with Leasing 2, Inc. to  purchase two new Fire Engines in the amount of $726,835.68.  RECOMMENDATION  Staff reçommends approval of Resolution No. 2500, which approves the Lease-Purchase Agreement between the City and Leasing 2, Inc., to finance the purchase of two new fire engines for a total cost  of $726,835.68. BACKGROUND  On March 2, 2021, Council gave staff direction to proceed with the purchase of two new Fire engines, ap patrol engine and a Type 2 Engine. The City has been approved for a lease-purchase financing arrangement to purchase one Rosenbauer Mini Pumper and one Rosenbauer Type 2 Engine. The cost of the two fire engines is $610,419.55. The engines will be purchased from Burton's Fire and the lease-purchase agreement will be with Leasing 2, Inc. The financing is 3.0% interest with a ten-year term. The City will make a total of nine annual lease payments of $80,759.52 beginning in April 2023, with the final payment in April 2031, for a total purchase price of $726,835.68. Following the last These new fire engines will assist with responding to the increase in service calls and help maintain current ISO levels with the upcoming ISO audits in the future. These new engines will also allow the Fire Department to have sufficient engines to respond to requests for aid in the County and elsewhere in the State for wildland fires. Having the ability to assist with out of area wildland fires will allow the City to receive reimbursement from the State for such assistance. The Type 2 Engine will be  payment, the City will own the engines for no additional cost.    delivered 220 days from purchase and the Mini Pumper will be delivered 310 days from the purchase  date.  FISCAL IMPACT  The annual lease payments of $80,759.52 begin in April 2023 and end in April 2031. The annual payments will be budgeted each fiscal year and paid with a combination of Fire Department general fund, Fire protection and suppression facilities and equipment development impact fees, and the  Utility Users Tax. Attachments: Resolution No. 2500 Lease-Purchase Agreement    RESOLUTION NO. 2500  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING A LEASE-PURCHASE AGREEMENT WITH LEASING2, INC. FOR' THE PURCHASE OF TWO NEW: FIRE ENGINES FOR $726,835.68  WHEREAS, the City of Fowler ("City") desires to purchase two new fire engines for the Fire Department and has obtained pricing and financing terms for the lease-purchase of one Rosenbauer  Mini Pumper and one Rosenbauer Type 2 Engine ("Fire Engines"); and  WHEREAS, the City has received financing approval from Leasing 2, Inc. to purchase the Fire Engines for $610,419.55, with a lease-purchase arrangement at 3.0% interest and nine annual lease payments of $80,759.52 beginning in April 2023 and ending with a final payment in April 2031, fora a total of $726,835.68, as more fully set forth in the Lease-Purchase Agreement dated April 20, 2021  ("'Lease-Purchase Agreement") attached hereto and incorporated by reference; and  WHEREAS, sufficient funding for the annual lease payments is projected to be available for WHEREAS, the City Council has received and reviewed the Lease-Purchase Agreement and considered all relevant information presented by City staff and the public during the City Council meeting held on April 20, 2021 and has determined it is in the best interests of the City to approve the NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES AS  the term of the Lease-Purchase Agreement; and  Lease-Purchase Agreement to purchase the Fire Engines.  FOLLOWS: 1. 2.  The Lease-Purchase Agreement dated April 20, 2021, between the City of Fowler and Leasing The City Manager is authorized to sign the Lease-Purchase Agreement and such other documents as may be necessary to completely implement the purchase of the Fire Engines referenced  2, Inc., with the total ofall payments equal to $726,835.68 is hereby approved.  herein and the intent oft this Resolution.  The foregoing resolution of the City of Fowler was duly and regularly adopted by the City Council ofthe City of Fowler at a regular meeting held on April 20, 2021, by the following vote:  AYES: NAYS: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk  1    LEASE-PURCHASE AGREEMENT  LESSEE: City of Fowler 128 S. 5th Street Fowler, CA 93625 Dated as of April 20, 2021 WITNESSETH:  LESSOR: Leasing 2, Inc. 1720 West Cass Street Tampa, FL 33606-1230  This Lease-Purchase Agreement (the" "Agreement") dated as ofA April 20, 2021 by and between Leasing 2, Inc. ("Lessor). and City ofFowler ("Lessee"). ab body corporate and politic WHEREAS, Lessor desires tol lease the Equipment. as hereinafter defined. tol Lessee, and Lessee desires tok leaset the Equipment from! Lessor, subjectt to thet terms ando conditions ofa and  duly organizeda ande existing under thei laws oft the State of California ("State").  fort thep purposes setforthi int this Agreement,: and ARTICLEI DEFINITIONS terms hereof. Payment Schedule. ofLessor.  WHEREAS, Lessee is authorized undert the Constitution: andi laws of the State to enteri intot this Agreement fort thep purposes setf forth! herein; NOW, THEREFORE, for andi in consideration oft thep premises hereinafter contained, the parties hereby agree asf follows: Section1.01 The following terms willl have ther meanings indicated below unless thec context clearly requires otherwise: Equipment" means thep property describedi in Exhibit Da and which is thes subject oft this Agreement. "Lease Term" means the Original Term: and all Renewal Terms provided fori in this Agreement under Section4 4.01.  'Agreement" means this Lease-Purchase Agreement, including the Exhibits attached hereto, ast the same may bes supplemented ora amended from time tot time in açcordance Commencement: Date" ist thec date whent thet term oft this/ Agreement begins and! Lessee's obligation to pay renta accrues, which shall be thec commencement dates shown ont the Lessee" means thee entity whichi is describedi in thef firstp paragraph oft this Agreement andy whichi is leasingt the Equipment from Lessor undert thep provisions of this Agreement. "Lessor" means ()Leasing 2,1 Inc., actinga as Lessork hereunder; (i)a anys survivingr resulting ort transfereec corporation; and (ii)e except wheret thec contextr requires otherwise, any "Original Term" means thep period from the Commencement: Date until thee end ofthef fiscal year oft Lesseei in effect at the Commencement: Date. "Purchase Price" means the amounti indicated withr respect to any date after paymento ofa allF Rental Payments (defined below) due throughs such date, alla ass setf forthi in Exhibit E hereto, or "Renewal Terms" means ther renewalt terms oft this Agreement as provided fari in/ Article! MVoft this Agreement, each having ac duration ofoney year anda a term co-extensive witht thel Lessee's fiscal year, except the! last of sucha automatic renewalt terms which shalle end ont thec due date oft the! lastF Rental Payments setf forthi inE Exhibit Etot this Agreement. "Rental Payments" means the basic rental payments payable by Lessee pursuant tot the provisions oft this Agreement during the Lease Term, payable inc consideration oft use the Equipment duringt the then current portion oft thel Lease Term. Rental Payments shall bep payable by Lessee tot thel Lessor or its assignee int the amounts "Vendor" meanst ther manufacturer ofti the Equipmenta as wella as! thea agents or dealers oft ther manufacturert fromy whom Lessee has purchased ori is purchasing theE Section2.01 Lessee represents. covenants: and warrants, fort thet benefit ofLessora andi its assignees. asf follows: (a) Lesseei isap public body. corporate and politic, duly organizeda ande existing under the Constitution: and! laws oft the State. (b) Lessee willo do or causet to bec done allt things necessary top preserve andk keepi int fullf force ande effecti its existence as at body, corporate and politic. (c) Lesseei is authorized under the Constitution and! laws oft the Statet toe enter intot thisA Agreement andt thet transaction contemplated hereby. and! top perform all ofits obligations hereunder. (d) Lessee has been duly authorized to execute and deliver this Agreement under thet terms and provisions oft the resolution ofit its governing body, attached hereto as Exhibit A, othera appropriate official approval, andfurther represents, covenants: andy warrants thata allr requirements havet been met, and procedures have occurredi inc ordert toe ensuret thee enforceability or by oft this Agreement, and Lessee has complied withs suchp public bidding requirements as may be applicablet to thisA Agreement andt thea acquisition! by Lessee oft the Lessee shallo causet tobe executeda and delivered tol Lessor and opinion ofi its counsel substantially! int thef form attached hereto as ExhibitE B. (e) Duringt the term oft this Agreement, the Equipment will be used! by Lessee only fort the purpose ofp performing one or more essential governmental or proprietary functions of Lessee consistent witht the permissible: scope ofl Lessee's authority andv willr noth be usedi inat trade or business ofa any person or entity othert thant the! Lessee. () Duringt the periodt this Agreementi isi inf force, Lessee wil annually provide Lessor with sucho currentf financial statements, budgets, proof ofa appropriationt fore otherf financiali information relating tot thec decision of Lesseet to continue this Agreement as may be reasonably requested by! Lessor or its assignee. (g) The Equipment willh have a usefull lifei int thel hands oft theL Lessee thati is substantiallyi ine excess of the Original Term anda allF Renewa!" Terms. (n)T TheE Equipmentis. and duringt thep periodt this Agreementisi inf force wil remain, personal property andy whens subjected tou useb byt thet Lessee undert this Agreement. willr noti bec ort become () Lessees shall noty voluntarily ori involuntarily create, incur, assume or suffert toe exista anyl lien. secunty interesto or other encumbrance or attachment ofa any) kind whatsoever on, (K) Lessee shallr noto change thel location oft theE Equipment without giving prior written notice oft the proposed newl location to thel Lessor: and provided that Lessees shall obtain ando deliver toLessor any! landlord waivers reasonably requested by Lessor so as top protect! Lessor's right. title andi interesti ina andt to the Equipment and! Lessor's to exercise its remedies (m) Lessee willt taker noa actiont thatv wil cause thei interestp portion of any Rental Payment tob becomei includablei in gross income of ther recipientf forp purposes off federali income taxation under the Code, and Lessee willt take, andy willo causei its officers, employees anda agentst tot take, alla affirmative: action legally within itsp powert to prevent such interestf from being includable ing gross income forp purposes off federali income taxation under Section 103(a) oft the United States internal Revenue Code of1 1986 as amended (the" Code"). Lessee represents andy warrants that thel Leasei is tok bet treated as and obligation ofay political subdivision ofas state within ther meaning of Section 103(c)(1)oft the Code. (n) Lessee is ands shail remaini in compliance with alll laws, rules, regulations and orders applicable tol Lessee, including U.S. economic: andt trade sanctions, and anti-corruption, anti- Section 3.01 Lessor! hereby demises. leases andi letst to Lessee, and Lessee rents, leases and! hires from Lessor, the Equipment, in accordance witht the provisions of thisA Section BLSidim.e. The Original Term oft this Agreement shall commence on the Commencement Date ands shall terminate ont the! last day of Lessee's fiscal yeart then ine effect Lessee may renew this Agreement beyond the expiration oft the Original Term, or beyond the expiration of any Renewal Term theni in fiscal years providedi in ExhibitE E oft this Agreement by appropriating suficientf funds tor makes scheduled Rental Payments fort thee ensuing fiscal (each a' "Renewal Terms and conditions during any Renewal Term shall bet thes same as thet terms ando conditions duringt the Original Term, exceptt thatt the Rental Payments year shall be asp (a) The expiration oft the Original Term or any Renewal Term of this/ Agreement and the non-renewal of this Agreement in the event of non-a appropriation of funds (b) The exercisel byt Lessee of the option top purchase the Equipment before expiration oft this Agreement granted undert the provisions afA Articles IXC or> Xioft thisA Agreement;  with the ExhibitE assigriee(s)  Supplemental Exhibit El hereto, ast thec case mayk be.  Lessee to ARTICLEII  the right of and att the Equipment  times during! thel Lease Term, as setf forthi in Exhibit E oft this Agreement.  COVENANTS OF LESSEE  hereunder. Equipment fiscal or such ensuingf yeard  fixtures. orwithr respect to the Equipment. tot  alfecting with  () Lessee shallr notg give up possession or control oft the Equipment.  regard theE Equipment. The Equipment shall not beu used outside oft the United States without Lessor's priors written consent. () Lessee shalir nota alter orr modifyt the Equipmenti ina any manner whichy would reduce they value ort ther marketablity! thereof.  ability  bribery, anti-money! laundenng: anda anti-terrorism laws. ARTICLEHI LEASE OF EQUIPMENT have andt tot holdf fort thel Lease Term. ARTICLEIV LEASE TERM additionali Eoft this Agreement. 6.07;  Agreement, to tot ther number effect, up of in Term"). Exhibit providedi to Section pursuant  Section 4.02. Termination ofLease Term. Thel Lease" Term will terminate upon thee earliest of any of thef followinge events: (C) Adefaultt by! Lessee andl Lessor's election tot terminate this Agreement under Article Xilt; or (d) Payment by Lessee ofall Rental Payments authorized orr requiredt to bey paid! byl Lessee! hereundert throught thef fulil leaset term.    Section 4.03. Return of Equipment on] Termination. Upon expiration ore earlier termination of the Original Term or any Renewal Term under any provision of this Lessee does note exercise its option to purchase the Equipment granted under thep provisions ofA Articles Xor) Xloft this Agreement, Lessee  when to Lessor  to deliver Agreement the atat time ther  hereby  packaged ord otherwise preparedi ina ar manner suitable fors shipment byt truck or rail common carriert toal location specified by Lessor. Alle expenses agreest resulting from Equipment return of Section 5.01. Provided that no default or event ofd default shall have occurred hereunder, Lessor hereby covenants that duringt the! Lease Term Lessor will noti interfere with Lessee's Lessor shall! havet ther righta ata all reasonablet times during business hours toe enteri into and upont thep property ofL Lesseet fort thep purpose ofi inspecting the Equipment. Section 6.01. Rental Payments to Constitute a Current Expense ofLessee. Lessor and Lessee understand andi intend thatt the obligation oft Lessee top pay! Rental Payments shall constitute a current expense of Lessee and shal! noti in any way be construed to be a debt ofi Lessee in contravention of any applicable constitutional or Section 6.02. Paymento ofRental Payments. During the Original Term and during each Renewal Term elected by Lessee, Lessee shall pay Rental Payments, set forth in Exhibit El hereto. Rental Payments shal! bei ind consideration forl Lessee's use of the Equipment duringt the assignment applicabley yeari in whichs suchp assignee. payments thea are amounts due. Thef and Rental ont thec dates amounts setf forthi in Exhibit E areb based ont the! Equipment Costtob bep paid! byl Lessor beingt thea amounts setf forthi inE ExhibitE. Lessors shall have noo obligationt toy payo or disburse Payment greatert thant thes amounts setf forth ast theE Equipment Cost. Lessee shallr nota amend any purchase contract, purchase order, ora anyo other agreement thaty would! thec costo of the Equipment: above setf forthi in Exhibit E ast the Equipment Costy without thep prior written consent ofL Lessor. Int thee eventt thatt thea actual cost oft the havet thee effect is ofir increasing thea amount setf forthi in Exhibit E, Lessees shall bes solely responsible fora and hereby agrees to promptly pays suche excess tot the vendor (s). provided thatt Lesseer Equipmenti greater than finance such excess, which Lessor may, ini itss sole discretion electt to do or declinet toc do. Lessee shall indemnify and! hold Lessor harmless from and ande expenses resultingf from orn relatingt to anyi increasei int the Equipment Cost. fLessor, inits sole discretion, elects tof finance such excess the amounto againsta of eachi instaliment costs increasedt top providet thes samey yieldt tol Lessor as wouldt have been obtainedifthe: actual cost! had beent thes same ast thes stated Equipment Cost. Ins suche event, Lessee shall att ofr rent wilit be Section6.03. Interest and Principal Components Ap portion ofe each Rental Paymentisp paida as, and represents payment of, interest, and theb balance ofe each Rental Paymenti is and represents payment ofp principal. Exhibit El hereto sets forth thei interest component andt thep principal component ofe each Rental Payment the! Lease Term. Section 6.04. Additional Interest in the Eventt the Interestis Taxable Lessee acknowledges that Lessor's yield with respect tot this Agreement duringt is dependent upon thet amounto Rental Payment being excluded from Lessor'si income pursuant to the Code. Accordingly, ifat any time, as a result ofa determination that Lessee has breached fulla ar covenant contained! herein. or as ar resulto ofa any changeir int the Code. any paymento of eithert thei interest component or thep principal component of any Rental Paymenti representation the or counsel for the Lessor, subject to or affected by any income, preference. excess profits, minimum or other federal tax, Lessee shall pay. as additional interest. an is. amount int opinion which of necessary top provide tol Lessor thes same neti income as Lessorv would have received butf fors suche event. Lessor's calculations of such additionali interest shallt bet Section6.05. Rental Payments to be Unconditional During the Original Term and during each Renewal Term elected by Lessee, the obligations of Lessee to make Rental Payments required under this Article Via and others sections hereof and top perform and observe thec covenants anda agreements contained herein shall! in alle events, except as expressly provided under this Agreement. Notwithstanding any dispute between Lessee andl Lessor. any Vendor or any other person, bea absolute Lessee and unconditional Rental Payments when due ands shall notv withhold any! Renta! Payments pending finai resolution ofs such dispute, nor shall Lessee assert any right ofs set-off ord counterclaim agrees top pay all obligation ton makes suchp payments whenr required undert this Agreement. Lessee's obligation to makef Rental Payments during the Original Term or thet then current Renewal Terme against its Section 6.06 Continuation of Lease Term by Lessee. Lessee intends, subject to the provisions of Section 6. 07. to continue the Lease Term Renewall Terms hereunder. Lesseer reasonably! believes thatlegally availablef fundsi ina ana amounts sufficient to make allF Rentall Payments duringt the throught Term Original. ande each oft the! and allt the Terms can be obtained. The officer of Lessee responsible for budget preparation: shall do all things! lawfully within his/her power to obtain and Original maintain funds from which Renewal Rental Payments may ber made, includingr making provision for such payments tot the extent necessaryi in eacha annual budget submitted and adopted in accordance of State law, toh have: such portion of the budgeta approved, andt to exhaust all available reviews anda appeaisi int the events such portion oft thet budgeti is nota approved. with applicable provisions foregoing. the decision whether orr nott to budget anda appropriate funds is within the discretion of Lessee's governing body. Section 6.07. Termination by Nonappropnation Int the event Lessee does not appropriate sufficientf funds for the payment oft the Rental Payments scheduled to be occurring Renewal Term, thent Lessee may terminate this Agreement att thee end oft thet then current Original Term or Renewal Term, and! Lessee shall not oft the Rental Payments provided fori int this Agreement beyondt the end oft thet then current Original orF Renewal Term. Lessee agrees to deliver notice tot bec Lessor obligated ofs such tor makep termination payment Section6.08. Late Charges. Ifany Rental Paymenti is notp paidi infullt tol Lessor withinf fifteen (15) days aftert the payment first beçame due and ana additional onet time! late charge equalt to five (5%) percent or, ifless ther maximum rate peritted byl law, ofe eachs such amountp past due along with the Rental Rental Paymentr remains unpaid beyond 45 days afteritf first became duea andp payable. orifLessor hase elected toe exercise any remedies followinga ane evento or default. interests Payment. shalla accrue Ifany onp past due amounts atther rate of1 1% per month ort thel highest ratea allowed! byl law, whicheveri is less. Partial payments byl Lessee shall bea appliedf firsttot thea accruedi interest Section 6.09. Prepayment. Lessee shall! havet ther rightt to prepay principal components of Rental Payments in whole on any date setf forth in Exhibit E Section 7.01.Tite tot the Equipment. Duringt thet term of this Agreement, title tot the Equipment and any and alla additions. repairs, replacements or modifications: shail vesti ini Lessee, subject tot the rights of Lessor under this Agreement. In the event of default as set forth in Section 13.01 or nonappropriation as set forth in Section 6.07, titie to Section 7.02. Security Interest To secure the payment of all Lessee's obligations under this agreement, Lessee grants to Lessor a security interest constituting a first lien Equipment and on alla additions, attachments. accessions: and substitutions thereto, and ona any proceeds therefrom. Lessee hereby authorizes Lessor top prepare andf files suchf ont the statements, any amendments thereto and other such documents to establish and maintain Lessor's valid first lien and perfected security interest. Lessee receipt of copies oft thef financing statements prepared by Lessor and! hereby confirms thea accuracy of thei information contained therein. Lessee further agrees hereby to execute acknowledges sucha the documents, includinga affidavits, notices ands similari instruments, informs satisfactoryt toi Lessor, whicht Lessor deems necessary ora appropriate to establish andr maintaini its additional and upon assignment. thes security interest of any assignee ofLessor, int theE Equipment. ARTICLE Vili MAINTENANCE; MODIFICATION; TAXES; INSURANCE. AND OTHER CHARGES Section 8.01. Maintenance of Equipment! by Lessee. Lessee agreest thata ata allt times duringt thet Lease Term Lessee will, atLessee's own costa ande expense, maintain, theE Equipmenti ing goodr repair, workingo ordera ando condition, andt thati Lesseev willf fromt timet tot timer make or causet tob ber made allr necessary andp proper Lessor shall have nor responsibility! in anyo of these matters, orf fort ther making ofi improvements ora additions tot theE Equipment. Sections 8.02. Taxes. Other Governmental Chargesa and Utility Charges. In the event that the use. possession or acquisition oft the Equipment ist found tot be form (except fori income taxes of Lessor). Lessee will pay duringt the! Lease Term, ast thes same respectively come due, all taxes and governmental charges of subject kind tot whatsoever in any that may ata any time bel lawfully assessed orl levied against or with respectt to the Equipment and any equipment or other property acquired by Lessee in substitution any for, a replaçement of, oran modification, improvement ora addition tot the Equipment, asv wella as all gas, water, steam, electricity. heat, power, telephone, utility and other as incurredi renewal int or operation, maintenance. use, occupancy and upkeep oft the Equipment; providedt that, withr respectt to any governmental chargest that may lawfully bep paidi ini installments chargesi overa ap the years, Lessee shall be obligated top payo onlys suchi installments as have accrued duringt thet timet this/ Agreementi isi ine effect. Section8.03. Provisions Regarding! Insurance. Atit its own expense, Lessee shall cause casuaity, public liability and property damage insurancet to be carried and maintained, demonstrate tot thes satisfaction of Lessor that adequate self-insurance is provided withr respectt tot the Equipment, sufficient to protect theF Fulll Insurable) Value defined) oft the Equipment, and top protect Lessor from liability ina alle events. Alli insurance proceeds from casualty losses shail be payable ast hereinafter provided (ast that in termi this is hereinafter Lessee shall furnish tol Lessor certificates evidencing such coverage throughout thel Lease Term. Alternatively, Lessee may insure the Equipment under a blanket insurance Agreement. policies which cover not onlyt the Equipment but other properties. IfLesseei insures similar properties bys self-insurance: and upon approval byl Lessor, Lessee mayi insure the! Equipment policy or Anyi insurance policy pursuantt tot this Section 8.03 shall bes SO written or endorsed ast ton make losses. ifany. payable tol Lessee andl Lessor as their respectivei interests NetF Proceeds (as definedins Sections 9.01)0 oft thei insurancer requiredi int this Section 8.03s shall bea applieda as providedi inA Article! IXI hereof. Each insurance policy provided may forint appear. The 8.03s shalic contain a provision tot the efectt thatt thei insurance company shall noto cancelt thep policy or modifyi itr materially anda adversely to thei interesto of Lessor withoutf this Section  Equipment ont termination will be! bome byl Lessee. ARTICLEV ENJOYMENT OF EQUIPMENT quiet use ande enjoyment oft the Equipment. ARTICLEVI RENTAL PAYMENTS  limitations hereunder statutory! or from int exclusively any and any amount any! may loss, request damages, that! Lessor ther request paid as. ofe each is binding upon! Lesseei in payment of the elected Term the Notwithstanding: the the paid int next at Lessee shalli immediately pay to component thet then by paying applicable Equipment, shali financing securityi interest, preserve andk keep taxationi periodo of ors shall  requirements concering the creation ofi indebtedness byl Lessee.  all legallya availabie funds, ini lawful money oft the United States of America, exclusively tol Lessar or, int the evento ofa  by! Lessor, toit its  ofl Lessor execute ando deliver ana amendment reflecting thei increasei int thet Equipment Cost andt the Rental Payments.  the absence of manifeste error.  byL Lessee shall not bea abatedt througha accident oru unforeseen circumstances.  the  least 900 days prior tot thee endo of thet thend current Original orF Renewal Term.  Lessor  payable,  ofp past due Rental Payments andt thet balance tot ther remaining principal component ofp past due Rental Payments.  Purchase Price setf forthi inE Exhibit Eons such date. ARTICLE VII TITLE TOEQUIPMENT  immediately vesti in Lessor, and! Lessee will immediately: surrender possession oft the Equipment tol Lessor.  repairs, replacements andi renewals.  byn means ofa ana adequate insurancef fund.  Thet term" "Fulll Insurable Value" as used! herein shall meant the full replacement value oft the Equipment.  least:  noticet thereoft tol Lessora atle 30 daysi ina advance of such cancellation.  first giving written  2    Section 8.04. Advances. In the event Lessees shallf failt top perform any ofi its obligations hereunder Lessor may (buts shall beu under no obligation to)t take such action as toc cures suchf falure, including. without limitation, the advancement ofr money: anda alla amounts so advanced by Lessors shall become additional rentf fort thet then current may ber necessary Renewal Term, whicha amounts, together withi interest thereona att ther rate oft 12% pers annum, orifless then maximum rate permitted byl law. Lessee agrees to pay. Original Termo or damaged byf firec or other casualty or( (b)t titlet to, ort thet temporary use oft theE Equipmento ora any partt thereof or thee estate ofL Lessee or portiont Lessori in theE Equipment (inv whole thereof or inp part)o or is taken undert thee exercise oft thep power eminent domain! bya anyg governmental body orb bya any person, firmo or corporation acting under governmental: authority, Lessee ora any andi part Lessorv shal! be the Net Proceeds ofa anyi insurance claimo ore condemnation: awardt tol bea appliedt tot thep promptr replacement, repair, restoration, modification ori improvement oft theE Equipment. willo cause Forp purposes ofs Section 8.03a andt this Article IX, thet term' Net Proceeds": shall mean the amount remainingf fromt theg gross proceeds of anyi insurance claim or condemnation: Section 9.02. Insuliciency of Net Proceeds. Ifthe! Net Proceeds arei insufficient top payi int fullt thec cost of any repair, restoration, modification or hereof, Lessee shalle either (a) complete the work and paya any costi in excess oft the amount of Net Proceeds, and Lessee agreest thati ifby reason improvement ofa such referred insufficiency to in Section 9.01 Proceeds, Lessee shall makea any payments pursuant tot the provisions oft this Section 9.02. Lessee shall notb be entitedt to any reimbursement therefore any from entitledt to any diminution oft the amounts payable underA Article VIH hereof or (b)ifLesseei is notino defauit! hereunder, Lessee shail pay toL Lessor the amountoft thet Lessor then nors shalll Lesseet be Price, and, upons such payment, the Lease Terms shallt terminate and Lessor'si interesti int the Equipment shall terminate asp providedi in Article) Xid oft this Section 10.01. Disclaimero of Warranties. LESSOR MAKES! NOV WARRANTY ORF REPRESENTATION, EITHER EXPRESS ORI IMPLIED. AS TO1 THE VALUE, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. DESIGN, CONDITION, Lessor bel liablet for any incidental, indirect, special ord consequential damagei inc connection with ora arisingo outo oft thisA Agreement or the existence, furnishing, Section 10.02. VendorsWarantes Lessorh herebyi irrevocably: appoints Lesseei its agenta anda attomey-in-facte duringt thel Lease Term, sol longa as Lessee shallr notb bei in default? to assert fromt timet tot timev whatever claims and rights, including warranties ofthe Equipment, ifanyy which Lessorr may have: againstt the Vendor oft the Equipment. for the breach of such warranty. indemnification or representation shall be againstt the Vendor of the Equipment, and not against the Lessor, shall Lessee's soler remedy whatsoever ont the nghts ofL Lessor with respectt tot this Agreement, including the right to receivef full andt timely payments hereunder. Lessee expressly nor acknowiedges such matter thatl have Lessor any effect and! hasr made, nor representation orv warranties whatsoever ast tot the existence or availability ofs suchy warranties of the Vendor oft the Equipment. Section 1003. Usec of the Equipment. Lessee will noti install, use, operate or maintain the Equipmenti improperly. carelessly, in violation ofa any applicable lawo ori inar manner that contemplated byt this Agreement. Lessee shall provide all permits and licenses, ifa any. necessary fort thei installation and operation ofthe Equipment. Ina addition, Lessee contraryt to comply in all respects (including. without limitation, with respect to the use, maintenance. and operation ofe each item oft the Equipment) with alil laws oft thej jurisdictions agreest to operations involving anyi item of Equipmentr maye extend anda anyl legislative, executive, administrative orj judicial body exercising any power orj provided, however, that Lessee may contest in good faitht they validity or application of any such law or rulei ina any reasonable manner which jurisdiction does not. in reasonable Equipment: Lessor, adversely affect thee estate ofl Lessori ina andte to any oft thei items oft the Equipment or itsi interest orr rights under this Agreement. Section11.01 Att ther request of Lessee. Lessor's interesti int the Equipment anda additional Rental Payments wil bet terminated and this Agreement shall terminate: (a) Att the end ofti thef final Renewal Term, upon paymentb by! Lessee ofa all Renta! Payments scheduled ass setf forthi in ExhibitE E tot this Agreement; or (b) ifthe Lease Termi ist terminated, pursuant toA Article IXo oft this Agreement, int the event oft total damage, destruction or condemnation oft the Equipment: or (c) anyt time when! Lessee is not ons such datei ind default undert this Agreement, upon) payment by! Lessee of thet then applicable Purchase Pricet to Lessor.  ARTICLEI IX DAMAGE, DESTRUCTION AND CONDEMNATION: USE OF NET PROCEEDS ofthe! Net Proceeds remaining after such work has been completeds shall bep paidt tol Lessee. deducting alle expenses (including attorney's fees) incurredi in thec coliection ofs sucho claims ora award. Proceeds ine excess oft thet then applicable Purchase Price, ifa any, may ber retained by Lessee. ARTICLEX DISCLAIMER OF WARRANTIES; VENDOR'S WARRANTIES; USE OF EQUIPMENT  Section 9.01. Damage. Destruction and Condemnation. If prior tot thet termination oft the Lease Term (a)t the Equipment or any  thereof is destroyed  Any balance award after of the! Net applicable Purchase Agreement. The amounto oft the Net Inr no events shail functioning orl Lessee's use hereunder. makes. opinion oft the  ofa anyi item of Equipment.  overt thei items oft the in which its ther  ARTICLEXI OPTION TOF PURCHASE additional cost orp payment! by Lessee.  Upon thec  ofa any ofs such events, Lessor shal!, if requested by Lessee, deliver at Bilo of Sale ofi its remaining interesti int the Equipment to Lessee WHERE  "ASI IS.  IS" without  ARTICLEXI ASSIGNMENT, SUBLEASING, INDEMNIFICATION: MORTGAGING AND SELLING  Section 12.01. Assignment! by Lessor. This Agreement, and the rights of Lessor hereunder, may be assigned and reassigned in whole ori in part to one or more subassignees byl Lessor ata anyt time subsequent to its execution, withoutt ther necessity of obtaining thec consent of Lessee; provided, however, thatr nos such assignment assignees and shall bee effective unless and until () Lessee shall have received notice of the assignment or reassignment disclosing ther name and address of the assignee or orr reassignment the event thats such assignment is madet toa al bank ort trust company ast trustee for holders ofc certificates representing interests int this Agreement, such bank trust subassignee, and (i)in maintain, orc cause to ber maintained, a book-entry system by which ar record of names anda addresses ofs such! holders as of any particular timei is kept and agrees, ort company agrees to Lessee, tofurnishs suchi information toLessee. Uponr receipt of notice of assignment, Lessee agrees to) keepa a writtenr recordt thereof, andt to make allp int ther notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether ansing from at breach of this Agreement paymentst or otherwise) tot thea thati assignee Lesseer designated timet tot time have againstLessor, ort the assignee. Lessee agrees toe execute allc documents which may! ber reasonably requested byl Lessor ori its assignee to protect theiri interestsi mayf int from this Section 12.02. Nos Sale. Assignment or Subleasing! by Lessee. ThisA Agreement andt thei interest of Lesseei int the Equipmentr may not bes sold. Section 12.03. Lessee Negligence. Tot thee extent permitted byt the! laws and Constitution oft the State. Lessee shall protect and! hold! harmless Lessor from and againsta obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees any and anda alll liability, penalties andi interesta arising out ofor ast the result of the entering intot this Agreement, the ownership ofa any item oft the Equipment, thec ordering. acquisition, use, purchase, delivery, rejection, storage or return ofa anyi itemo oft the Equipment ora any accidenti inc connection witht the operation, use, condition, possession, storage or operation, return of condition, the Equipment resultingi in damage top property ori injuryt to or death of any person, tot thee extent that such liability, obligation. loss, claim ord damage arises outo byt ther negligent conduct of Lessee, its officers, employees or agents. The obligation ofLessee arising undert this paragraph shall continuei inf fullf force ande effectr oforisp notwithstanding proximately caused Section 13.01. Events of Default Defined. The followings shall be" "events of default" under this Agreement: andt thet terms" "event of defauit" and" default": shall mean, whenevert (a) Failure by! Lessee to pay any! Rental Payment ord other paymentr required to bep paid! hereunder att the time specified herein; and (b) Failure byl Lessee toc observe andp perform any covenant, condition or agreement onit its partt to bec observed or performed, othert than as referredt toir in Section 13.01 fora ap 300 days aftery written notiçe, specifying sucht failure and requesting thatit itber remedied as given toLessee! byl Lessor, uniess Lessor shall agreei inv toa ane extension (a). ofs sucht time penodo of tothee expiration, provided. however, #f thet failure statedi int ther notice cannot bec corrected within the applicable period, Lessor willr not unreasonably wnitingt withhold its ofsucht timei to corrective actioni isi institutedb byl Lessee withint thea applicable period andd diligently pursued untilt thec default is corrected. (c) Thef filing by Lessee ofa a voluntary petitioni ini bankruptcy, orf failure by! Lessee promptyt tol lift anye execution, gamishment, or attachment ofs such consequence as wouldi ability ofLesseet tocarryo oni its govemmentall function ora adjudication ofLessee as al bankrupto ora assignment! byl Lessee fort the! benefito of creditors. ort thee entry byl Lesseei into an impair the of composition with creditors, ort the approval by a court of competentj jurisdiction ofa a petition applicable to Lessee in any proceedings instituted under thep Thet foregoing provisions oft this Section 13.01 are subject to (i)t thep provisions of Section 6.07 hereof with respect tor nonappropriation; and (i)if reason of unablei inwhole ori inp partt to carry outi ils agreement onit itsp part herein contained, other thant the obligations ont thep parto of Lessee containedi in Article ifbyr Vir hereof, Lessee force majeure be Lessee is ind default duringt the continuance ofs such inability. Thet term" "forcer majeure" as used herein shallr mean, without! limitation, the following: acts of God; strikes, lockouts shallr or not! deemed relations disturbances; acts of public enemies; orders orr restraints ofa any kind oft the government oft the United States of America or the state wherein Lessee is located other or emplayee departments, agencies ord officials, ora anyo civil or miltary authority, insurrections; riots; landslides; earthquakes: fires; storms; droughts; floods; or Section 13.02. Remedies on Default. Whenever any evento of default referred toir in Section 13.01 hereof shall have happened and be continuing. explosions. Lessor shall have (a) Declare al Rental Payments due ort tot become due duringt the Original Term or Renewall Term theni ine effect to bei immediately due and payable. whereupon such Rental (D) Witho orv without terminating this Agreement, retake possession oft the Equipment: ands sell, lease or sublease the Equipment fort thea account ofl Lessee, and sale, lease or subleaset top payt thef followingi itemsi int thef following order, ()a all cost ande expenses ofL Lessorr relatingt to thei implementation ofremediesu undert apply this Agreement: the proceeds asf such provided herein; (i)t the applicable Purchase Price oft the Equipment and (ii)t theF Rental Payments due duringt the Original Term or Renewal Term theni in effect; (C) Takev whatever action undert the Uniform Commercial Code or under other! lawo ori ine equity as maya appearr necessary or desirablet toe enforce its as the ownero and or secured  upon request of the by! without expenses, anyi item of thef full they are prior consentt to an extension agreement provisions oft the Federal any oft their its ther right ati sole Payments of further creditor  Agreement. thep priorv written consent of Lessor.  ore encumbered! Lessee  assigned  paymentofa allo othero obligations undert this Agreement ort thet termination of thel Lease Term fora any reason  ARTICLE XII EVENTS OF DEFAULT AND REMEDIES usedi int this Agreement, any one or more oft thef tollowing events:  Bankruptcy: Statute, as amended. or under anys similar actsv which may hereafter bee enacted.  option without anyf further demand or notice, tot take one ora any combination of thef followingr remedial steps:  shallt bei immediately due andp payable; of the Equipment.  rights  3    Lessee further agreest that Lessees shall payt to Lessors suchf further amounts as may! bes sufficient ton reimburse Lessor fully fori its costs ande expenses asi incurred as ar result ofL Lessee's defaulti including, withoutl limitation, Lessor's costs ande expenses ine enforcing, ore endeavoring! toe enforce, itsr rights and remedies under theA Agreementori incident thereto, limitation andt tot thee extentr not prohibited by applicable! law, the Lessor's reasonable: attorney's fees and expenses fore enforcing Lessee's obligations hereunder. including Section 13.03. No Remedy Exclusive. Nor remedy herein conferred upon orr reserved toL Lessori isi intendedt tob bee exclusive ande every such remedy shall be cumulative ands shall bein addition to every other remedys give under thisA Agreement or now or hereafter existing atl law ori ine equity. No delay or omission toe exercise any right orp power shall impair any such right orp power ors shall be construed tot be a waiver hereof, but any such right andp power may be exercised from time to time and as accruing often as may any deemed Section14.01. Notices. Allr notices, certificates or other communications hereunder shall be sufficiently given ands shall! bec deemed given when delivered orn mailed by registered mail, Section 14.02. Binding Effect This Agreement: shalli inure tot thet benefit ofa ands sha!! beb binding upon Lessor and Lessee andt their respective successors and assigns. Section 14. 03. Severability. Int thee eventa any provision oft this Agreement shall be heldi invalid oru unenforceable by any court of competent jurisdiction, such shall noti Section 14.04. Amendments. The terms oft the Agreement shall not bev waived, altered, modified, supplemented ora amendedi in any manner whatsoever except written instrument Section 14.05. Executionino Counterparts This Agreement may bee executedi in several counterparts, each of which shall bea and original anda allo ofv which shall constitute but Section 14.06. Delayed Closing. Int thee evento ofac delayed closing. Lessors shall receive as additional compensation any amount that accrues between the Commencement! Date and the Section 14. 08. Captions. The captions or headings in this Agreement: aref ford convenience only ando dor not define, limit ord describe thes scope ori intent ofa any provisions ofs sections of this Section 14.09. Entire. Agreement. This Agreement and the executed Exhibits attached hereto constitute the entire agreement between Lessor and Lessee. No waiver, modification oF change oft terms oft this Agreement shall binde either party unlessi inv writings signed! byb both parties, and then such waiver, consent, modification or change shall bee consent. effective only in the specific instance and fort the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not specified herein. Section 14.10. Execution ofFacsimile Int thei interest oft time, each party agrees thate execution ofs signature pages oft this Agreement by Such party! followed! byt transmission ofs such pages byf acimieleesoperemal: will be! legally binding upons such party. After each party has executed andt transmitted: such signature each Section 14.11. Correctiono of Documents. Lessee agrees toe execute and deliver, or provide, as required byL Lessor, anys documents andi information, from time tot time, that may! be necessary fort the purpose of correcting anye errors or omissionsi int thisl Lease ort tor reflect thet true intent ofLessori int this transaction. Alls such documents andi information must be Section 14.12V WAIVER OF, JURYTRIAL Lessee and Lessor herebyi irrevocably waive any rightt to aj jury trial with respect to anyr matter arising under ori in connection witht this Lease Section 14.13. Performance Bonds. lfrequested! byl Lessort tof facilitate payments to vendors ina advance ofd delivery and acceptance, Lessee agrees to require the Equipment manufacturer, and all other contractors and/or subcontractors (collectively, "Contractors") with whom Lessee has contractedf fort the acquisition oft the Equipment, top provide performance! bond satisfactoryt tol Lessor conditioned upon the construction oft the Equipment as expeditiously as reasonably possiblef from the date ofe execution ofs such Lease conditioned upon delivery of possession of the Equipment to thel Lessee free and clear of alll liens ande encumbrances, except thes securityi interest grantedt tol Lessor under the! Lease- anda also Purchase Agreement. Each: suchb bond shall bei inaf form and with a suretya acceptable tol Lessora ands shall name Lessor asa ac dual obligee. Thel Lessees shall proceed promptly to pursue diligenty any remedies available againsta a Contractort thati isi in default under: any agreement relating tot the acquisition ando construction oft the Equipment: and/or against each surely on: any! bonds securing the performance ofs such Contractor's obligations with respectt tot the acquisition ando construction ofthe Equipment The! Lessee and! Lessor shall cause netp proceeds recovered byv way oft the foregoing tot bea applied, atLessor's option, to ()t thec completion of the Equipment. or (i)t the payment of allr rent payments then due plust the applicable Termination! Balance. Any balance ofr netp proceeds remaining after completion of Equipment construction orp payment oft thec outstanding balance owed under the thet then Section 14.14. Time isg oft the Essence. Lessor andl Lessee agree thatt timei is oft the essence of allp provisions ofe each Lease enteredi into undert this Agreement. Any terms and conditions of any purchase order or other document submitted by Lessee in connection with this Agreement which arei in addition to ori inconsistent witht the conditions oft this Agreement will not bet binding ont Lessor andv will nota apply to this Agreement. Lessee byt the signature below of its authorized representative acknowledges terms thatithas and IN WITNESS WHEREOF, Lessor has executed this Agreement ini its corporate name and byi its duly authorized officer, and Lessee has caused this Agreement to be executed in its corporate name and byit its duly authorized officer. Alloft the above occurred as of the date first written below, this Agreement shall beb binding on Lessee beginning ont the datei itis  without upon default be  expedient.  ARTICLE XIV MISCELLANEOUS  postage prepaid, tot the parties att their respective places ofb business. orr render unenforceable any other provision hereof. signed! byt thel Lessor: andt thel Lessee. samei instrument, Closing Date. Agreement.  holding by  invalidate onea and the  Section 14.07. ApplicableLaw. This Agreements shall be govemed by and construedi in accordance with thel laws oft the State of Califomia.  regarding this Agreement ort the equipment! leased hereunder. copies oft this Agreement and top promptly forward originals tot the otherp party hereto. anda agreet that any dispute shall bec determined byac courts sittingv withouta aj jury.  execute! hard  pages, party agrees to  satisfactory to Lessor.  Lease shall bep paid promptly toL Lessee.  applicable  read this Agreement, understands it, anda agrees tob be bound byi itst terms and conditions.  accepted ande executedt byl Lessor. LESSOR: Leasing 2, Inc. Execute: By: Title: Date: LESSEE: City of Fowler Execute: By: Title: Date:  Brad Meyers Presidemt  R4  4.16.21  Wilma Quan City Manager  4    ITEM  7A  6  df d0 o    oN  Nmmyiooto  & 888 88888 8 8888888888888888888888 888 8 d8 8888888888 000 00000 o 0000000000000000 000 o o 6606660000    0689768 NINc0O  3888888888888888888888 888 B88888888888888 88888888 000000000000000 000 0000000000 00000000    48  8888888 8 88 d8 - de 888 888 8 8 888 388888888888 8 8 888 0000000 o o o o 000 000 o o 000 000000000000 o o 000  3    408NDOM  38888888888 88888888 888888 8 888888888888 8 000000000000000000 00000000 000000 o 000000000000 o  naaaa  annaan    NNYG MNm  om  888 888888888888 8888888888888 8 d0 d0 d8 888 8 88888 8  000 000000000000  o 0 o 000 o 00000 o  303o303        ITEM  7B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING APRIL 6, 2021  Mayor Cardenas called the meeting to order at 6:02 p. m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, Parra  City Staff Present:  City Manager Quan, City Attorney Cross  PUBLIC PRESENTATIONS  Mr. Richard Wadda, of Station 48 Taproom, proposed purchasing the old fire station property. Per the City's request, Mr. Wadda had an engineering study done, an asbestos test, and a design study done for the interior and exterior of the building. Mr. Wadda stated the taproom will have a family environment and will be a great location for meetings and events. He also reported they have full funding for the revamping of the building and equipment. Plans for the second floor after iti is  renovated are affordable apartments. There were no other public presentations.  CLOSED SESSION  City Attorney Cross noted the Deputy City Clerk's posting of the agenda certification needs to be  updated to Thursday, April 1,2021.  The meeting adjourned to a closed session at 6:09 p.m. to discuss:  Pursuant to Government Code Section 54956.8 - Conference with Real Property  Negotiator  Property: Old Fire Station property at 127 S. 6th Street Negotiating Parties: Richard Wadda and Abdallah Qawadri Under Negotiation: Price and terms ofs sale or lease  Agency Negotiator: City Manager  Mayor Cardenas stated he owns real property within 1,000 feet oft the real property being discussed Mayor Cardenas left the closed session at 6:40 p.m. before the discussion of the real property  and would recuse himself from the discussion oft this item in closed session.  closed session item commenced. No reportable action taken.  Government Code Section 54957 Public Employees AppomtmenvEmpoymen: Title: Community Development Director  The Council, on a motion by Parra, seconded by Rodriguez, and approved 5-0, approved the City Manager's recommendation. to appoint Thomas Gaffery as the City's Community Development Director, and placement at Step E of the City's Salary Schedule (monthly salary of $9,315.03;  annual salary $111,780.36).    This item was discussed and considered first by the Council. The meeting reconvened to open session at 7:11 p.m.  ADJOURNMENT  Having no further business, the meeting adjourned at 7:10 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  April 6, 2021  Mayor Cardenas called the meeting to order at 7:11 p. m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, and Parra  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Fire ChiefLopez, City Planner Marple, City Engineer Peters, Deputy City Clerk Vasquez,  Rebecca Molina  PUBLIC PRESENTATIONS  Fowler resident, Steve Barela, expressed his concerns regarding City Hall and council chambers being closed to the public. Mayor Cardenas stated this is being looked into and will be addressed  soon. Mr. Barela also recommended a new sound system for council meetings.  COMMUNICATIONS Dr. Shankerman."  Proclamation "Recognizing United Health Center (UHC) for 50 Years of Service and Honoring UHC staff members: Justin Preas, David Phillips, Brian Petree were present to accept on behalf ofUnited Health Center. Mr. Peetre mentioned a large drive-thru vaccination event will be held,  Saturday, April 17,2021. STAFF REPORTS  Presentation of the Audit Report for the City of Fowler Zoning Code Update  City Planner Marple shared the audit report and audit report outlines with the council. Last year the city was awarded $160,000 from SB2 grant. Funds were used to purchase a new server, update permit tracking system, and to update zoning code. The last comprehensive zoning code update was done in 2009. The audit report serves as a road map and highlights areas needing Ms. Marple explained the updated zoning code would be consistent with the general plan policies that exist now and the general plan update. It would also be consistent with state and legislative updates; as well as improve the organization, streamline the permit process, and reflect the current city practice. The audit report addresses code usability and accessibility; the existing permitting process and administration of those processes; the different zone districts; general development regulations; specific use regulations; and compliance with state and federal Ms. Marple stated the recommendations are to establish the zone districts that are called out in the general plan, but not in the zone ordinance and make those consistent. Staff would also  improvement.  law as well as making it more user friendly.    review and amend the allowed use listing. Economic development elements will be incorporated into the ordinance as well. Staff is currently drafting the code and expects to have an administrative draft completed this summer, a public review draft in early fall, and brought back Ms. Marple reported the item was taken to the Planning Commission March meeting; they did have some concerns about the minor and major conditional use process as well as tiny home villages. Staffis looking into proposing a consistent zone district to be able to facilitate a smaller lot development. Currently our zoning code doesn't allow us to create a lot smaller than 5,000 sq. ft.; it's been difficult for staff to implement the general plan densities that are outlined. Staff is looking atj proposing in certain areas of the city allowing a consistent zone district to be able to facilitate a smaller lot development and getting higher density uses and meeting the general plan City Planner Marple reported staff has been contacting a list of stakeholders for interviews. Staff would like to learn what their experience has been navigating the existing zoning codes to be sure any challenges are addressed. Staffis meeting with developers as well to get their input. Mayor Cardenas asked the council ifthey had any questions for City Planner Marple in regard to her report. Councilmember Kazarian agreed this is long overdue and appreciates the work on the streamline process to be able to compete with our neighbors to the north. Councilmember Mejia inquired if the tiny homes would meet the higher density areas we're trying to fill. Ms. Marple stated as part of the general plan update there are some areas in the city that will have a higher density designation and we have to be able to facilitate that through the zoning ordinance. By creating a new zone district it will be easier to implement the general plan densities. The tiny home concept could be a way to facilitate those densities. Ms. Marple introduced her colleagues, Sarah Allinder and Wyatt Czeshinski, who are working on the project with her. Ms. Marple briefed the council regarding the CDBG program meeting with Fresno County on March 20, 2021. Staff is working with the county. Our annual allocation for the Fiscal Year 2021-22 was $51,438 which is combined with left over money from previous allocations for a total of $59,819. There is an available advancement of $48,000 as well. This money has helped pay for building the Panzak Park bathrooms. This will all help pay down the over-run. The remaining amount owed will be just under $100,000 using the advancement amount and  toc council for final adoption in December of this year.  densities.  available funding for this fiscal year. CITY ENGINEER'S REPORT  City Engineer Dave Peters reported bids were opened today for the Adams' Ave. project. Six bids were received. The low bid was $1.2 million from Don Berry Construction. Will bring back  soon to the council for consideration. CITY ATTORNEY'S REPORT  City Attorney Cross reported on the special meeting items. Pursuant to government code section  54957: public mployee-appointment, Community Development Director.    Councilmember Parra made a motion to approve; seconded by Mayor Pro-Tem Rodriguez. Approved unanimously 5 - 0. The council authorized City Manager to hire and appoint Thomas Gaffery as the new Community Development Director of the City of Fowler and authorized to begin at the E step in the city's salary schedule, which is approximately $117,000 annually with Mr. Cross also reported there was no action taken on the real property item regarding the old fire station property at 127S.6 6th Street. Direction was given to staff, but there was no action taken. City Attorney Cross noted the Deputy City Clerk's posting of the agenda certification needs to  a $500 per month car allowance consistent with other directors.  be updated to Thursday, April 1,2 2021. CITY MANAGER'S REPORT  City Manager Quan thanked the Council for their support in bringing in Mr. Gaffery as the Community Development Director. He will be working on items that need be rectified immediately, such as: impact fees, entitlement fees, and Provost & Pritchard's contract. Councilmember Kazarian noted the Community Development Director position is not a new Ms. Quan reported the Finance Director recruitment closed on March 26. We received over 25 applications; the current Finance Director and other internal staff reviewed the applications and chose 4 candidates to be interviewed on April 14. Ms. Quan would like to bring the final candidate(s) to Council in a closed session meeting on April 20. City Manager Quan also welcomed new Deputy City Clerk, Vasquez, as this is her first council meeting. City Manager Quan reported staff started holding quarterly meetings with Fowler Unified's Superintendent and Assistant Superintendent. Ms. Quan also reported staff met with CalTrans District 6 staff a few weeks ago and will continue to meet every other month; working with them for grant opportunities, freeway interchanges, and homelessness on the freeways.  position, but a vacant position.  COVID-19 Update  Ms. Quan reported the City is currently at 977 total positive cases. As of April 1, fifty years of age and older, vaccines are available. Beginning April 15, those 16 and older can get the Pfizer vaccine. We are working with the Fresno County Department of Health as they would like to have aj permanent vaccine site in Fowler. Staffis working on identifying potential sites.  PUBLIC WORKS REPORT  Public Works Director Dominguez reported unfortunately the City of Fowler wasn't chosen for the water smart program grant through the Bureau of Reclamation. Mr. Dominguez will continue tol look for other opportunities. Director Dominguez announced the parks were open on Easter weekend; families were enjoying themselves. Lastly, the sidewalk repair program is in full effect. The program was launched last summer and is relatively inexpensive; property owners provide the materials and the city provides the labor. Councilmember Kazarian inquired about    tree removal issues when repairing the sidewalks. Mr. Dominguez stated staff has an arborist  review any possible tree removal issues. FINANCE DIRECTOR'S REPORT  Approve a consultant services agreement with Price Paige & Company, Accountancy Corporation (Price Paige), to provide professional consulting services for the City of Approve Budget Amendment Resolution No. 2496 to appropriate $80,000 to Price Paige for the FY 2018-19 year-end close of the City of Fowler's financial records and assistance with City Manager Quan reported the city's financial statements have not been reconciled or audited since fiscal year 2018. We've left a lot on the table; most notable is the over $500,000 ofTDA monies at Fresno COG. The benefit of getting someone in to do our books right away is we get tor recoup that money very quickly which is a great return on investment. It will be $80,000 for Ar motion was made by Councilmember Parra to approve a consultant services agreement with Price Paige & Company Accountancy Corporation (Price Paige), to provide professional consulting services for the City of Fowler's Finance Department in an amount not to exceed $80,000, seconded by Mayor Pro-Tem Rodriguez. The motion carried by roll call vote: Ayes: Parra, Rodriguez, Cardenas, Kazarian, and Mejia. Noes: None. Abstain: None. Absent: None. A motion was made by Mayor Pro-Tem Rodriguez to approve Budget Amendment Resolution No. 2496 to appropriate $80,000 to Price Paige for the FY 2018-19 year-end close oft the City of Fowler's financial records and assistance with the preparation of the June 30, 2019 audit, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Rodriguez, Mejia, Cardenas, Kazarian, and Parra. Noes: None. Abstain: None. Absent: None.  Fowler's Finance Department in an amount not to exceed $80,000.  the preparation of the. June 30, 2019 audit.  FY 2018-19 and we anticipate the work will be done by the end ofl May 2021.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz announced a virtual business watch forum will take place for corporate businesses owners based on some concerning trends the department has been notified ofi recently. Civilian groups have been targeting corporate business owners with the hopes of trying to elicit a response from their employees to maybe ensue some civil litigation to that corporation. Chief Alcaraz reported these trends are not only increasing in our city, but all over the state. This forum will be used as an educational tool to maintain safety within the City of Fowler. Chief  Alcaraz will notify council when the date has been set.  FIRE DEPARTMENT REPORT  Fire Chief Lopez provided information on year to date call statistics and trainings. Councilmember Kazarian verified any calls related to COVID-19 would fall under the medical  category. ChiefL Lopez stated COVID-19 calls are on the down trend.    CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - April 6, 2021; B) Approve Minutes of the City Council Special Meeting March 16, 2021, and City Council Meeting = March 16, 2021; C) Approve Resolution No. 2497 Approving Final Tract Map No. 6188 and Subdivision Agreement for Tract No. 6188; D) Approve Resolution No. 2498, "A Resolution before the City Council of the City of Fowler County of Fresno, State of California Authorizing Application for and Receipt of] Regional Early Action Planning (REAP) Grand Program Funds" Mayor Cardenas inquired on the Fowler Ace Hardware finance charges. Chief Lopez explained the charges were split up into different departments for better tracking. ChiefLopez reported he Councilmember Kazarian made a motion to approve the consent calendar, seconded by Mayor Pro-Tem Rodriguez. The motion carried by roll call vote: Ayes: Kazarian, Rodriguez, Cardenas,  will look into this further.  Mejia, Parra. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Mayor Pro-Tem Rodriguez thanked the Rec Committee for the fantastic job they did organizing the Easter Egg Scavenger Hunt event; it was a huge success. It was well coordinated and well attended. The 16 participating organizations did a great job. Councilmember Mejia echoed Mayor Pro-Tem Rodriguez's comments. Councilmember Mejia went on to say the event was Councilmember Kazarian recommended staff consider looking into Zoom or another platform for council meetings for better audio/visual and easier access for public participation. City Manager Quan stated American Rescue Funds can possibly be used for this upgrade and will Councilmember Mejia reported he is working with Travis Feaver of Young Life and Chief Councilmember Parra also thanked the Rec Committee for the amazing Easter Egg Scavenger Hunt. He also announced on April 15, 2021 there will be a South San Joaquin Valley League of Cities meeting via Zoom at 6:00 p.m. to discuss the American Rescue Plan. All are welcome to participate. City Manager Quan will share the link with the rest of the council members. Mayor Cardenas reported he, City Manager Quan, Chief Alcaraz, and Coucilmember Parra met with Congressman David Valadao this morning. The Congressman came to visit to learn more about the city's needs. Staff expressed the areas needing assistance. It was a positive meeting. Mayor Cardenas complimented the Rec Committee, all of the volunteers, and Councilmember  over-due, well received, and much needed for our city.  look into this further.  Alcaraz to organize a graffiti clean-up community event. More details to come.  Mejia for the outstanding Easter Egg event as well.    ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 8:25 p.m.