FOWLER CITY COUNCIL MEETING AGENDA FEBRUARY 16, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  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 a 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#  Itisr 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 oft 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.fowlerciv.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 toi 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 oft the Council.  1    4. 5.  Communications Staff Reports  A) City Engineer's Report  1)  Second Reading of Ordinance No. 2021-01 Amending the Title of Chapter 2 of Title 7, and Adding Chapter 4 to Title 7 of the Fowler Municipal Code Pertaining to Requirements for Installation and  Relocation of Utility Facilities Underground  B) City Manager's Report  COVID-19 Update  C) Public Works Director's Report  Energy Conservation Project Update  Approve Request to Close Fresno Street and Walter Street for Fowler High Cross Country - February 17" and February 24+h  D) Finance Department Report E) Police Department Report F) Fire Department Report City Attorney's Report  6.  Consider and Approve City Manager Employment Agreement and Appoint  Wilma Quan as City Manager Effective March 1, 2021  7.  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 Councimember objects to an item, then it should be removed and acted upon as a  separate item.  A) Ratification of Warrants - February 16, 2021  B) Approve Minutes of the City Council Special Meetings February 2, 2021,  February 4, 2021 and City Council Meeting = February 2, 2021  2    8.  Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro-Tem Rodriquez Councimember Kazarian Councilmember Mejia Councilmember Parra Adjournment  9.  Next Ordinance No. 2021-02  Next Resolution No. 2491  CERTIFICATION: 1, Corina Burrola, Deputy City Clerk of the City of Fowler, California, hereby certify that  the foregoing agenda was posted for public review on Friday, February 12, 2021.  DA Abr  Corina Burrola Deputy City Clerk  3    ITEM  5A-1  ORDINANCE NO. 2021-01  AN ORDINANCE OF THE CITY OF FOWLER AMENDING THE TITLE OF CHAPTER2TO: TITLE 7, AND ADDING CHAPTER4TO TITLE70F' THE FOWLER MUNICIPAL CODE PERTAINING TO REQUIREMENTS FOR INSTALLATION AND  RELOCATION OF UTILITY FACILITIES UNDERGROUND  WHEREAS, above-ground and overhead electrical and communication facilities in the public right-of-way and on private property create public safety risks and adversely impact the  appearance and aesthetics ofthe City; and  WHEREAS, it is in the public interest to require electrical and communication facilities tobe located underground when and where reasonable, and for the City to adopt regulations governing the installation and relocation of such facilities in the public right-of-way and on  private property. follows:  NOW, THEREFORE, the City Council of the City of Fowler does hereby ordain as  Section 1. The title of Chapter 2 ofTitle 7 oft the Fowler Municipal Code is hereby amended  tor read as follows:  CHAPTER2-UNDERGROUND UTILITY DISTRICTS  Section 2. Chapter 4 is added to Title 7 of the Fowler Municipal Code to read in its entirety  as follows:  CHAPTER 4-1 REQUIREMENTS FOR UNDERGROUND UTILITIES  Sections: 7-4.01 7-4.02 7-4.03 7-4.04 7-4.05 7-4.06 7-4.07 7-4.08 7-4.09 7-4.10 7-4.11  Findings and Purpose. Undergrounding Requirements. Exempt Facilities. Cost of Undergrounding. Permits and Fees. Street Lighting. Site Screening. As-Built Drawings. Joint Trenches. Director Review. Severability.  7-4.01 - Findings and Purpose.  The City seeks to decrease above-ground and overhead utility facilities in the public right-of-way and on private property, and thereby improve public safety and the appearance and aesthetics of the City by requiring utility facilities to be installed and relocated underground. The purpose of    this Chapter is to establish minimum requirements and procedures for the underground installation and relocation of electrical and communication facilities within the City. Notwithstanding the provisions of Chapter 7-2, this Chapter shall apply to electrical and communication facilities, including but not limited to electric power, telephone,  telecommunication, and cable television facilities within the City limits.  7-402-Undergrounding Requirements. A. New Services and Facilities:  (1) All electrical service and communication service to a new commercial building shall be constructed underground including undergrounding of overhead utility lines across the (2) All electrical service and communication service to an existing commercial building shall (3) All electrical service and communication service to a new residential building exceeding two units shall be constructed underground including undergrounding of overhead utility (4) All electrical service and communication service to a new residential building having two units or fewer and accessory dwelling units shall be constructed underground where (5) All electrical service and communication service to a new residential building having two units or fewer and accessory dwelling units may be constructed aerially where existing  frontage of the subject property.  be constructed underground from the point of connection.  lines across the frontage oft the subject property.  existing surrounding services are underground.  surrounding services are aerial. B. Rebuilds, Replacements and Additions:  (1) All existing electrical service and communication service to a rebuilt residential building oftwo units or fewer where overhead service previously existed may remain overhead. (2) All existing electrical service and communication service to rebuilds or additions exceeding 50% of the original building area of existing commercial or residential facilities in excess of two units shall be constructed underground including overhead (3).All existing electrical service and communication service to rebuilds or additions of existing residential or commercial facilities not exceeding 50% of the original building area may be maintained overhead where existing surrounding services are overhead. Any new service must be placed underground from the point of connection in accordance with (4) A minor rebuild, replacement or relocation of existing overhead facilities that does not  utility transmission across the frontage oft the subject property.  subdivision B(2) of this Section.  alter the essential system configuration may be constructed overhead.  2    (5) When there is casualty damage to an overhead service system or other major service (6) Installation of additional conductors to provide one three-phase circuit is allowed on (7) Reconductoring for routine maintenance that does not constitute a major rebuild is allowed on existing overhead facilities. Routine maintenance is also allowed on existing facilities for pole replacements and replacement ofmiscellancous hardware.  outage, the facilities may be restored overhead.  existing overhead facilities.  C. Residential tract transformers:  (1) Electrical transformers within residential tracts, approved by the City, shall be placed No work permitted by this Section shall result in an increase in the number of utility poles, except an additional pole may be installed ifan existing pole that is suitable as a termination for underground installation from an overhead system that is intended to remain is not available  underground.  within 300 feet oft the closest property line oft the development site.  7-4.03- - Exempt Facilities.  The following facilities are exempt from the undergrounding requirements oft this Chapter: (a) Electric utility substations and switching facilities not located in the public right-of-way (b) Electric transmission systems ofa voltage ofl 115 kV or more (including poles and wires) (c) Telephone pedestals, cross connect terminals, repeaters, cable warning signs, and other (d) Municipal equipment, including but not limited to traffic control equipment and police  where site screening will be provided. and equivalent communication facilities. equivalent communication facilities. and fire vehicle detections systems. (e) Temporary services for construction.  (f) Replacement of existing overhead facilities due to damage by natural or manmade The Public Works Director shall decide ifa facility qualifies for an exemption under this Section,  causes.  and the Director's decision shall be determinative and final.  7-4.04- Cost of Undergrounding.  The cost of constructing new facilities underground or relocating existing overhead facilities underground shall be borne by the impacted utilities and/or the owners oft the real property to be served, as applicable, and shall include the cost of acquisition of any private property necessary  for such construction or relocation necessitated by the undergrounding work.  3    7-4.05. - Permits and Fees.  Except as otherwise provided in any existing franchise agreement with the impacted utility, an encroachment permit for underground construction shall be obtained from the City prior to  construction of facilities in the publicright-of-way.  7-4.06- - Street Lighting.  Street lighting facilities or systems in conformance with the applicable City standards shall be installed as an integral part of all underground projects constructed after the effective date of  this Chapter. 7-4.07 - Site Screening.  Where a permit for an underground project is required by this Chapter, plans for any above- ground facilities shall be submitted to the City for approval of site screening and setbacks prior  toi issuance of an encroachment permit. 7-4.08- As-Built Drawings.  A drawing of the completed underground utility facilities in a form acceptable to the City and conforming to generally accepted engineering practices shall be submitted to the Public Works Department within thirty (30) days of the completion of any underground project within the City. The encroachment permit shall remain open until the as-built drawings are submitted.  7-4.09 - Joint Trenches.  Where several utilities are planned or required in the same corridor, every effort shall be made  by the impacted utilities to use. joint trenches for such facilities.  7-4.10 - Director Review.  The Public Works Director has authority to review and authorize minor deviations to the requirements of this Chapter upon a determination that there is an undue hardship or extenuating circumstances justifying an exception. The Director's determination shall be final. The Director may, in his/her discretion, refer any particular review and authorization to the City Council for consideration, in which case the City Council's determination shall be final.  7-4.11 - Severability.  Ifany section, subsection, phrase, or clause of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections,  phrases, or clauses be declared invalid.  4    SECTION3. This Ordinance shall take effect thirty (30) days after its adoption.  SECTION4. 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. Ifa 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 days prior to the 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  2021, and was adopted at a regular meeting of said Council held on  2021, by the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  Jlwdocs0 002500630 orde 00785486.DOC  5    ITEM 6-  1908  TO: FROM:  Fowler City Council Scott Cross, City Attorney  SUBJECT: Consider and Approve City Manager Employment Agreement with  Wilma Quan, and Appoint Wilma Quan as City Manager effective March  1,2021 February 16, 2021  DATE:  ATTACHMENTS:  [Proposed] ( City Manager Employment Agreement - Wilma Quan  RECOMMENDATION  For the City Council to approve the proposed City Manager Employment Agreement with Wilma Quan, and appoint Wilma Quan as City Manager effective March 1,2021.  DISCUSSION  The City Council has been searching for a new City Manager for several months since City Manager Jeannie Davis announced in September 2020 that she would be retiring at the end of 2020. The recruitment process has concluded, and the City Council has The proposed Employment Agreement with Wilma Quan includes many of the typical terms and compensation included in similar City Manager agreements, including the most recent Fowler City Manager agreements. In particular, Ms. Quan will receive the  selected Ms. Quan to serve in the City Manager position.  following compensation and benefits:  Annual Salary of $157,107.96 (Step E of the City current salary schedule for City $5,000.00 performance bonus at the end of her first year of employment if  Manager);  approved by the City Council;    Vacation leave accrual pursuant to City policy but beginning at accrual rate of 20 Administrative leave accrual pursuant to City policy but with an initial allocation of 96 hours of leave upon hire (rather than the fiscal year prorated amount of 32 Health, dental, vision, and life insurance pursuant to City's existing Benefits Severance payment of 3 months of salary and continuation of health, dental, and vision coverage if the City Council decides to terminate the agreement without cause on or before 3/31/2022. Severance payment of 6 months of salary and continuation of health, dental, and vision coverage if the City Council decides to  days per year rather than 10 days per year;  hours);  $750 monthly automobile allowance; Resolution and policy; and  terminate the agreement without cause after 3/31/2022.  REASONS FOR RECOMMENDATION  Wilma Quan is a highly qualified candidate to be the new City Manager, and has been selected following a comprehensive statewide search conducted over the past several months. Ms. Quan brings relevant recent experience from her time serving as the City Manager of the City of Fresno over the past several years, and also brings knowledge  and expertise on many regional and local issues impacting the City.  ACTIONS FOLLOWING APPROVAL  The City Manager Employment Agreement will be signed by Ms. Quan and the Mayor, and Ms. Quan will begin work as the City Manager on Monday, March 1st.  2    CITY MANAGER EMPLOYMENT AGREEMENT  This City Manager Employment Agreement ("Agreement"): is entered into on February 16, 2021, by and between the City ofl Fowler, a municipal corporation ("City"), and Wilma Quan ("Quan"), with respect  to the following Recitals, which are a substantive part oft this Agreement:  RECITALS  A. City's former City Manager recently retired but has continued to serve as an interim City B. Quan desires to become the new City Manager and City desires to appoint Quan as the new  Manager while the City searched for a new City Manager. City Manager, subject to the terms ofthis Agreement.  AGREEMENT  NOW,THEREFORE, City and Quan agree as follows:  1.  Employment. City will employ Quan as the City Manager, effective March 1,2 2021, and  Quan will be an at-will employee serving at the pleasure ofthe City Council subject to the terms and conditions set forth herein. Quan'se employment with the City as City Manager is at the mutual consent of both Quan and the City, and there are no express or implied agreements contrary to the foregoing. Quan  shall be a full-time City Manager during her employment with the City.  2.  Term. This Agreement and Quan'se employment as City Manager shall continue until  terminated by either party, with or without cause, in accordance with the provisions ofthis Agreement, or  modified or amended by mutual written agreement ofboth parties.  3.  Salary. Quan shall be placed at Step E ($13,092.33 monthly salary) oft the current adopted  City Manager salary schedule. The City Council agrees to consider a modification to or elimination oft the City Manager salary schedule during the first year ofQuan's employment as City Manager, subject to appropriate scheduling for a duly authorized City Council meeting. Quan shall be eligible to receive an increase in salary and/or benefits or consideration ofa advancement on any subsequently adopted salary schedule on the basis of an annual performance evaluation as approved by the City Council. Quan is eligible tor receive a Five Thousand Dollar ($5,000.00) performance bonus payment, subject to City Council approval, following the performance evaluation in connection with Quan's first year as City Manager to be completed no later than March 31, 2022. Quan shall be entitled to cost ofliving adjustments as approved for all employee salary schedules ofthe City. Quan' s participation in any salary reductions or other cost saving measures during her employment with City shall be completely voluntary at Quan's sole discretion. Nothing herein shall be deemed to impair the City's authority to revise the City Manager's salary schedule. often as may be requested by the City Council or Quan. An initial performance evaluation shall be scheduled during the first three months of employment. It shall be Quan'sre responsibility to schedule any performance evaluations. Failure to evaluate shall have no effect on the rights, duties, and obligations oft the  4.  Performance Evaluations. Quan shall receive an annual performance evaluation, or more  parties herein. 5.  Residency. Quan need not be a resident oft the City of Fowler during her employment as City  Manager, but shall reside within no more than an average one (1) hour driving distance to. Fowler.  1    6.  Duties and Professional Conduct. Quan shall have the powers and shall perform the  functions and duties specified in applicable provisions oft the Fowler Municipal Code and applicable City administrative rules and policies for the City Manager. Quan shall also perform such additional duties as may be assigned by the City Council. Quan shall adhere tot the professional standards ofconduct as  prescribed by the International City/County Management Association (ICMA).  7.  Automobile Allowance. Quan shall, at her expense, provide an automobile for use in  carrying out her duties as City Manager, and in connection therewith. City shall pay Quan a monthly automobile allowance of Seven Hundred Fifty Dollars ($750.00) for Quan's use ofay personal vehicle for City business. Quan shall not be entitled to reimbursement for automobile use or mileage reimbursement for business travel. No documentation is required in order to receive this automobile allowance and Quan shall have the sole discretion regarding the expenditure ofthis allowance. Quan shall be solely responsible for all expense to use, maintain, operate, and insure the vehicles and automobiles used by Quan. This allowance is not considered additional compensation for the purposes ofPERS, but shall be taxable according to IRS and  Franchise Tax Board regulations.  8.  Health, Retirement, and Other Benefits. City shall provide Quan with the same health,  dental, life, and vision insurance coverage and benefits as are provided other executive management employees ofthe City, including the City paying the annual premium fora a $50,000.00 term life insurance policy covering Quan during her period of employment with the City as City Manager. Quan shall have the sole discretion in designating any beneficiary(ies) under such lifei insurance policy. Quan understands and acknowledges that all such health, dental, life, and vision insurance coverages are subject to change in the  future and may be modified from time to time.  9.  Vacation, Sick Leave,and Administrative Leave. Upon commencement of employment with  the City, Quan shall immediately begin accruing vacation leave at the same level as employees with ten (10) years ofo continuous employment with the City; such accrual rate being twenty (20) days per year. Such initial placement is for the limited purpose of determining Quan's vacation leave accrual rate only, and for no other purpose. Such annual accrual of vacation leave shall continue throughout Quan's employment, unless other modified by the parties. Upon commencement ofher employment, Quan shall receive the full allocation of96 hours (12 days) ofadministrative leave available to the City Manager pursuant to the City's Benefits Resolution No. 1785G. Except with respect to the initial placement for vacation leave accrual and the full allocation of annual administrative leave, Quan shall be subject to applicable City ordinances, resolutions, rules and policies pertaining to accrual and use ofs such leaves by executive management employees and the City Manager as the same currently exist and may hereafter be modified.  10. Other Benefits and Entitlements. During the term ofthis Agreement, Quan shall be entitled to receive the same benefits, rights, and privileges afforded to non-public safety executive management employees as approved, and as may be subsequently modified or replaced, by the City Council, and this Agreement is supplemental to such other benefits and entitlements. This Agreement shall control with respect to determining Quan's! benefits and entitlements ifthere is any conflict between this Agreement and any resolution or ordinance fixing compensation or benefits for non-public safety executive management  employees.  11. Termination and Severance.  a.  Termination Without Cause. Quan is an at will employee serving at the pleasure of  the Council. A majority ofthe City Council may terminate this Agreement at any time (subject to the limitation in Section 13 below) without cause by providing at least thirty (30) days written notice to Quan. In the event oftermination without cause, Quan shall be entitled to the following severance compensation. The salary paid in the form of severance under (1) or (2)! below shall be paid in one lump sum and in the  2    same manner as the customary payout of earned salary. City Council on or before March 31, 2022; or City Council any time after March 31, 2022; and  (1) three (3) months' salary ift this Agreement is terminated without cause by the (2) six (6) months' salary ift this Agreement is terminated without cause by the (3) a continuation oft the health, dental, and vision insurance coverages and  benefits described in Section 8 oft the Agreement for the applicable length ofs severance salary time in either (1)or( (2) above, and City shall remit its portion oft the applicable payment of premiums for such continuing  coverage to the City'si insurer or COBRA administrator, as applicable.  b.  Termination for Cause. The City may terminate this Agreement for cause  immediately upon written notice to Quan. IfQuan is terminated for cause, Quan shall not be entitled to the  severance compensation under this Section.  C.  For Cause Defined. For cause shall be defined toi include, but shall not be limited to,  any ofthe following: (i) the refusal to follow the lawful directions of the City Council; (ii) failure to substantially perform any of the required duties ofthe City Manager; (iii) repeated unexcused absences from the City Manager's office and duties; (iv) material violation of City policy(ies); conviction ofa felony; (v) conviction ofa a misdemeanor crime involving acts of moral turpitude; (vi) willful misconduct as defined in  Section 2-5.30 ofthel Fowler Municipal Code; and (vii) breach oft this Agreement.  d.  Termination Defined. Termination shall mean removal from office, a request that  Quan resign, or ai reduction in salary. Termination shall not mean a reduction ofbenefits generally  applicable to all executive management employees.  e.  Relationship to Severance and Notice Provisions Under the Municipal Code. The  benefits provided under this Section shall bei in lieu of Section 2-5.06(b) oft thel Fowler Municipal Code, which sets forth severançe pay for the City Manager upon an involuntary termination, and not as an additional benefit. This Section shall also be in lieu of the procedures set forth in Sections 2-5.09, 2-5.25 through 2-5.27, and 2-5.29 through 2-5.30 oft the Fowler Municipal Code which might otherwise require a different forms ort timing of written notice of removal, and an opportunity for a hearing on the removal. 12. Resignation: Notice. Nothing in this Agreement shall prevent, limit or otherwise interfere with Quan' 's right to resign from her employment with the City at any time. Quan agrees to give City at least forty-five (45) days written notice prior to the effective date oft resignation, and shall make reasonable efforts to give City at least sixty (60) days prior written notice. IfQuan resigns voluntarily (without a request from the City Council to resign), Quan shall not be entitled to the severance compensation under Section 11  herein.  13. Limitation on Without Cause Termination Following Seating ofNew Council Member. Notwithstanding any other provision ofthis Agreement, and consistent with Fowler Municipal Code Section 5-2.28, the City Council may not take any action to terminate this Agreement without cause during the period of sixty (60) days following the seating ofar new city council member elected in a general municipal election or otherwise appointed. The purpose oft this provision is to allow any newly appointed or elected member oft the city council or a reorganized city council to have sufficient time to observe the actions and ability ofthe city manager in the performance oft the powers and duties oft the office. After the expiration of the aforementioned sixty (60) day period, there shall be no limitation on the City Council's ability to terminate without cause. Nothing herein shall limit the City's ability to terminate this Agreement for cause  3    and serve written notice ofs such termination on Quan.  14. Professional Meetings. Quan is expected to attend appropriate professional meetings and conferences at local and state levels, including but not limited to the League ofCalifornia Cities and ICMA, and toj periodically report to the City Council regarding meetings attended. City shall pay the annual fees for Quan'si membership in one (1) professional organization (ICMA or similar organization). The annual budget fors such membership fees and Quan' s attendance at conferences and/or professional meetings shall be  included in the City's adopted annual budget.  15. Expense Reimbursement. City shall reimburse Quan for actual and: necessary expenses incurred within the scope ofemployment in accordance with applicable City reimbursement schedules and policies. Subject to the restriction on automobile expense and mileage reimbursement in Section 7above, City shall pay for or reimburse Quan' s actual and necessary travel and subsistence expenses for professional and official travel to meetings, courses, seminars, and occasions reasonably necessary to adequately pursue official duties and other functions for the City, and to continue Quan' s professional development as  authorized by the City Council.  16. CilyCouncl/Manayer. Relations. In accordance with applicable law and Fowler Municipal Code provisions (including FMC Section 2-5.23) governing the City Council - Manager form of government, the City Council and each Council member shall deal with the administrative services oft the City only through the City Manager, except for thej purpose ofinquiry, and neither the City Council nor any Council member shall give orders or instructions to any subordinates oft the City Manager. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting ofthe City Council, and no individual Council member shall give any orders or instructions to the  City Manager.  17. Indemnification. In accordance with Government Code section 825, et seq., City shall defend, hold harmless, and indemnify Quan against any claim or action against her arising out of an alleged act or omission occurring in the scope ofh her employment with City, and Quan shall reasonably cooperate in good faith in the defense. This provision is not intended to and shall not operate to expand the protections afforded to Quan or the City's obligations as provided in Government Code section 825 et seq., except that this Section shall operate as Quan's standing written request to the City for defense and indemnity as required by Government Code section 825: for any and all claims or action against her arising out ofan alleged act or omission occurring in the scope ofher employment with City whether such claim is submitted  or action commenced during or after her employment with the City.  18. Notices. Any notices required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed served upon the other party ifsent by United  State Postal Service, first class postage prepaid, and addressed as follows:  TOCITY: Fowler City Council  TOQUAN: Wilma Quan  clo City Attorney Cityo of Fowler 128 S. 5th Street Fowler, CA9 93625  City Manager City of! Fowler 128 S. 5th Street Fowler, CA 93625  Notices shall be deemed given as oft the date of personal service or upon the date of deposit in the 19. Bonding. City shall bear the full cost ofany bond(s) or insurance required of Quan to  course oftransmission with the U.S. Postal Service.  perform her duties pursuant to this Agreement under any law or ordinance.  4    20. Dispute Resolution. Any disputes over thei interpretation or application oft this Agreement shall be submitted to mediation at least thirty (30) days prior to either party filing a claim with the City or any administrative agency ori initiating litigation over the dispute. The parties shall mutually agree upon a mediator and share equally in the costs oft the mediation. Either party may initiate mediation by providing written notice to the other party. Mediation shall thereafter be conducted at the soonest feasible time. The parties shall in good faith cooperate in selecting the mediator and scheduling the mediation.  21. Supplemental Agreement. This Agreement is supplemental to the provisions of Chapter 5 of Title 2 oft the Fowler Municipal Code, the City's Benefits Resolution, and City's salary schedule for the position ofCity Manager. The applicable provisions oft the Fowler Municipal Code, the City's Benefits Resolution, and the City's salary schedule shall control over all aspects ofthe City Manager position not  addressed by this Agreement.  22. General Provisions.  a.  Governing Lawand Venue. This Agreement and the rights and obligations oft the  parties shall be governed by and construed in accordance with the laws oft the State ofCaliforia. The parties also agree that, in the event ofl litigation, venue shall be the state courts located in Fresno County, California. between the parties. There are no oral understandings, terms, or conditions, and neither party has relied upon  b.  Entire Agreement. This Agreement contains the entire agreement and understanding  any representation, express or implied not contained int this Agreement.  C. d.  No Assignment. Quan may not assign or transfer any rights granted or obligations Modification. This Agreement cannot be modified, amended, or supplemented  assumed under this Agreement.  orally. This Agreement may be modified, amended, or superseded only by a written instrument executed by  both ofthe parties.  e.  Severability. Ifany provision oft this Agreement is held to be invalid or  unenforceable by a court ofc competent jurisdiction, the remaining provision oft the Agreement shall continue  in full force and effect. CITY OF FOWLER  CITY MANAGER  By:  By:  David M. Cardenas, Mayor APPROVED ASTOFORM  Wilma Quan  Scott G. Cross, City Attorney  WDOCS002501 105AGTI 100849889.DOC  5    ITEM  7A  $ 6    8888 88888 388888888888888  > 000 00000 66006600600000060666006  88  000008  0000000008000000000000    888 86  38888888888888888888888888888888 888 8 888 8 8 888888 00000000000000000000000 000 o 000 o o 000000    8888 NEH BONR  emb -m    8888888 8 888 d0 8 8888 8888 88888 8 8 8888 8888 888 0000000 o o o o o 0000 0000 00000 o o 0000 0000 000  8S    NNN  0 5 8888888 8 8 8 8 88888888888 888 8 888 8 o o o 0000000 o o o o 00000000000000000 000 o 000 o  33  aaaeaaacacaaecaaae    88888  88 8 38888888888 88888 8 8888888 8 888 8 88888 00 o 00000000000 00000 o 0000000 o 000 o 00000    2 bv  2 8888888 8888 8 8 8 0000000 0000 o o o  66  e    0 00 0 00 o o    6%8 d8    ITEM  7B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING FEBRUARY2, 2021  Mayor Cardenas called the meeting to order at 6:07 p. m. Roll call was taken. Councilmembers Present: Cardenas, Parra. Mejia, Rodriquez and Kazarian joined via  teleconference at 6:09 p.m.  City Staff Present:  City Manager Davis, City Attorney Cross, Avery Associates Paul  Kimura, Deputy City Clerk Burrola  PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  The meeting adjourned to a closed session at 6:09 p.m.:  Government Code Section 54957 - Public Employee Appointment/E Employment - Government Code Section 54957.6- Conference with Labor Negotiators Agency Designated Representatives: Paul Kimura and City Attorney Scott Cross  Title: City Manager  Unrepresented Employee: City Manager  The meeting reconvened to open session at 7:04 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Councilmember Parra made a motion, seconded by Councilmember  Kazarian to adjourn. The motion carried and the meeting adjourned at 7:04 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  FEBRUARY2,2021  Mayor Cardenas called the meeting to order at 7:11 p. m. Roll call was taken. Councilmembers Present: Cardenas, Parra. Rodriquez, Kazarian and Mejia joined via  teleconference  City Staff Present:  City Manager Davis, City Attorney Cross, Public Works Director Dominguez, Fire Chief Lopez, City Engineer Peters, Police Chief  Alcaraz, Deputy City Clerk Burrola  PUBLIC PRESENTATIONS There were no public presentations. COMMUNICATIONS  None.  STAFF REPORTS  CITY ENGINEER'S REPORT Street Dedication and Easements  Consider/Adopt Resolution No. 2490 Approving Final Tract Map No. 6188 and Accepting  Mayor Pro-Tem Rodriquez recused himselfdue to being within the 500-foot radius.  City Engineer Peters provided a PowerPoint presentation and gave background information on Tract 6188 final map. The applicant, Sunshine Raisin Corporation, is proposing to develop a 76 lot subdivision in the northeast corner of Adams Avenue and Armstrong Avenue. The applicant has complied with the conditions of approval. These conditions, in addition to many other requirements, direct the project to mitigate its project traffic impacts to the intersection of Adams Avenue and Armstrong Avenue through the payment ofa a fair share contribution to future capacity improvements at the intersection. Mr. Peters said the project will direct drainage to an off-site drainage basin adjacent to the proposed subdivision. A Retention Basin Agreement has been developed between the developer and the City to ensure the basin property will be operated and He said the applicant has submitted the public improvement plans and the final map to the City and has been reviewed and approved by the City Engineer. Mr. Peters said the subdivision is required tod develop a neighborhood park, the applicant has submitted a conceptual plan for the development oft the park. The Council is required by law to accept the final map unless they can site deficiencies in the final documents. Following acceptance of the map by the City, the City Engineer shall deliver the final map to the Fresno County Recorder's office and authorize the City Manager to execute both the Subdivision Agreement and Retention Basin Agreement on behalfofthe City.  maintained consistently to accept drainage discharges from the project.    Councilmember Mejia asked about the undergrounding of the overhead facilitates along Armstrong Avenue. He said during his term on the Planning Commission citizens expressed their concerns regarding the underground public utility facilities and how it would affect the households along Armstrong Avenue. City Engineer Peters said it stops a little shy as you get near Adams Avenue on Armstrong Avenue. He said it would have been extensive to try to modify all of the structures to accept underground services; therefore the household will not be affected. The Mayor opened the discussion for public comments on the matter.  Mark Rodriquez, Fowler resident, expressed his concerns regarding the traffic flow along Adams Avenue and Main Street in front of the Fowler High School. City Engineer Peters said staff identified that as an issue when the tentative tract map was being evaluated. He said it was required that the development contribute a fair share towards future traffic improvements at that Councilmember Kazarian made a motion to approve Resolution No. 2490, "A Resolution of the City Council of the City of Fowler Approving Final Tract Map No. 6188 and Accepting Street Dedication and Easements"; seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Cardenas, Mejia Noes: None. Abstain: Rodriquez. Absent: None. Approve Retention Basin Agreement for Tract 6188 and Authorize the City Manager to Councilmember Parra made a motion to approve Retention Basin Agreement for Tract 6188 and authorize the City Manager to execute on behalf of the City, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, Cardenas, Kazarian. Noes: None. Abstain:  intersection as a condition ofapproval ofthe tentative map.  Execute on Behalfofthe City  Rodriquez. Absent: None.  First Reading of Ordinance No. 2020-01  Councimember Kazarian made a motion to waive the first reading and approve Ordinance No. 2020-01 4 An Ordinance of the City of Fowler Amending the Title of Chapter 2 of Title 7, and Adding Chapter 4 to Title 7 of the Fowler Municipal Code Pertaining to Requirements for Installation and Relocation ofUtility Facilities Underground", seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Mejia, Rodriquez, Cardenas. Noes: Provide Staff Direction Regarding Parking Strategies with the Downtown Area of Merced City Engineer Peters said with the recent addition of outdoor dining areas, and in an effort to add additional parking in the downtown area, he and Public Works Director Dominguez have performed field studies to observe handicap and standard parking stall use along the corridor. As a result, possible improvements have been identified to improve the parking in the downtown area. Mr. Peters provided visual photos of the proposed parking strategies along Merced Street between 5th Street and 7th Street. He said a parking stall has recently been converted to a handicap parking stall located on the south side of Merced Street and 7th Street. He is recommending some potential improvements to consider upgrading existing handicap stalls, adding new handicap stalls, and  None. Abstain: None. Absent: None. Street between 5"h Street and 7th Street  additional timed parking.    Councilmember Kazarian said he is in support of the proposed changes and is proposing to look at undeveloped properties for additional parking in the downtown area. Mayor Pro-Tem Rodriquez expressed his concerns on the planters installed at the end of each parking structure that are causing limited parking. Public Works Director Dominguez said the planters will be removed in A discussion took place on the placing of timed limit parking stalls in specific areas. The direction ofthe Council is to providing a blanket of 2 hour maximum parking on Merced Street between 7th and 5th Street for those dining and having shorter time parking periods for the south side ofN Merced  order to make the new upgraded. ADA ramps compliant.  Street between 7th Street and the alleyway. CITY MANAGER'S REPORT COVID-19 Update  City Manager Davis said the City is currently at 863 total cases. In the last 30 days there have been 168 cases, and 60 cases are pending. She said the County Health Department is working on ordering vaccines; their goal is to get 75 percent of the population vaccinated by July 31, 2021. COVID-19 assistance and information is provided and updated daily on the City's webpage. She said the draft development fee study has been completed and a special workshop is Ms. Davis said a General Plan Update workshop is planned to be scheduled sometime in She said the new City of Fowler mobile phone app is now up and running and residents can  scheduled for Tuesday, February 16, 2021 at 6:00 p.m.  April 2021.  now download to access City information. PUBLIC WORKS REPORT  Public Works Director Dominquez said staffh has been working on tree trimming and the removal ofmalicious trees which were affecting sidewalks. He said, weather permitting, sidewalk repairs  will resume.  He said staff has also been patching potholes due to the recent rains.  FINANCE DIRECTOR'S REPORT  No report was given.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz said the department has hired a few new officers and would like to have a  formal introduction and ceremony sometime soon. FIRE DEPARTMENT REPORT  Fire Chief Lopez provided the 2021 training scheduled for the Fire Department. He also provided the  calls stats for the year ending in 2020; there were 884 events for the year.    CITY ATTORNEY'S REPORT No report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - February 2, 2021; B) Approve Minutes of the City Council Special Meetings - January 5, 2021, January 12, 2021, and January 26, 2021: C) Adopt Resolution No. 2487, "A Resolution of the City Council oft the City of Fowler Declaring Real Property Located at 131 North 6th Street to be Surplus Property and Directing the City Manager to Send Notices of Availability Pursuant to Government Code Section 54220, ET SEQ."; D) Approve Resolution No. 2488, s A Resolution of the City Council of the City of Fowler, County of Fresno, State of California Confirming Assessments for Nuisance Abatement Costs for Violations for Property Related to a Public Nuisance as Provided Within Section 5, Chapter 23 of the Fowler Municipal Code; 403 South 5th Street, Fowler, CA, APN No. 343-253- 09"; E) Approve Resolution No. 2489, "A Resolution of the City Council of the City of Fowler Approving Development and Planning Fees for 2021"; F) Approve the City of Fowler's Fire Station Project Construction by Klassen Corporation and Authorized the City Engineer to File the Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Mejia,  Notice of Completion.  Rodriquez, Cardenas. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Appointment of Planning Commissioners  Mayor Cardenas recommended appointing Cesar Rodriquez and Adriana Prado to the two unscheduled vacancy terms on the Planning Commission expiring on December 31, 2022. Councilmember Mejia expressed his concerns appointing Cesar Rodriguez's business in design and engineering, due to conflict ofi interest. Mr. Cesar Rodriguez said would recuse himself from Mayor Pro-Tem Rodriquez expressed his concerns appointing Mr. Rodriguez to the Planning The Mayor opened the discussion for public comments on the matter. There were no public Mayor Pro-Tem Rodriquez made a motion, seconded by Councilmember Parra to appoint Adriana Prado to the unscheduled vacancy on the Planning Commission expiring on December 31, 2022. The motion carried by roll call vote: Ayes: Rodriquez, Parra, Cardenas, Kazarian, Mejia. Noes:  participating in any discussion of the matter and from voting on that matter.  Commission. comments.  None. Abstain: None. Absent: None.    Councilmember Parra made a motion, seconded by Mayor Cardenas to appoint Cesar Rodriguez to the unscheduled vacancy on the Planning Commission expiring on December 31, 2022. The motion carried by roll call vote: Ayes: Parra, Cardenas, Kazarian. Noes: Rodriquez, Mejia.  Abstain: None. Absent: None. ADJOURNMENT  Having no further business, Councilmember Parra made a motion, seconded by Councilmember  Mejia to adjourn. The motion carried and the meeting adjourned at 8:38 p.m.    MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING FEBRUARY 4, 2021  Mayor Cardenas called the meeting to order at 6:03 p. m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Mejia, Parra. Kazarian joined via  teleconference at 6:05 p.m.  City Staff Present:  City Attorney Cross, Deputy City Clerk Burrola. Avery Associates  Paul Kimura joined via teleconference  PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  The meeting adjourned to a closed session at 6:05 p.m.:  Government Code Section 54957- - Public Employee Appointment /1 Employment = Government Code Section 54957.6- Conference with Labor Negotiators Agency Designated Representatives: Paul Kimura and City Attorney Scott Cross  Title: City Manager  Unrepresented Employee: City Manager  The meeting reconvened to open session at 7:08 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Mayor Pro-Tem Rodriquez made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 7:08 p.m.