FOWLER CITY COUNCIL MEETING  AGENDA OCTOBER 20, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA93625  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 wlll not be open to the public. The telephone number listed below will provide access to the City Councli meeting via teleconference. Please note: when Jolning the meeting you will be asked your name which will be used to identify  you during any public comment perlod. 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/thelr 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.owlercty.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. 5.  Communications Staff Reports  A) Second Reading of Ordinance No. 2020-06, "An Ordinance of the City Council of the City of Fowler Amending Chapter 5 of Title 9 Section 05 to Article 21, Clarifying Development Standards of Accessory Buildings, Section 715 to Article 7, Clarifying Development Standards of the R-1 Zone District, Section 1003 and 1005 of Article 10, Allowing for Grocery Stores, Section 1203 of Article 12 Allowing For Grocery Stores, Section 1402 of Article 14, and 1402 Allowing Automobile Repair, Section 1503 of Article 15 Clarifying  Grammar of the Fowler Municipal Code  B) City Engineer's Report  Approve Award of the Panzak Park Improvements = ADA Complaint Restroom Facilities CDBG Project No. 19231 to Flex-Pro. Inc. from  Fresno, CA in the Amount of $231,689.00  C) City Manager's Report  COVID-19 Update  D) Public Works Director's Report E) Finance Department Report F) Police Department Report G) Fire Department Report City Attorney's Report  6. 7.  Consent Calendar - Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. If a 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 asa  separate item.  A) Ratification of Warrants = October 20, 2020  B) Approve Minutes of the City Council Special Meeting and City Council and C) Approve Agreement between County of Fresno and City of Fowler - Fowler  Fowier Public Authority Joint Meeting - October 6, 2020  Senior Meals, CDBG 19321-CV  2    D) Approval of City Manager Job Description  E) Approve Proclamation Condemning Azerbaijan's Aggression, with the Support of Turkey, Against the Artsakh Republic and Urging the President and Congress of the United States to Recognize the Artsakh Republic as a Committee Reports (No action except where a specific report is on the agenda)  Free and Independent Nation"  8.  Mayor Cardenas Mayor Pro Tem Hammer Councilmember Kazarian Councilmember Parra Councilmember Rodriquez Closed Session:  9.  Pursuant to Government Code Section 54956.9(a) Conference with Legal Counsel - Existing Litigation = Name of Case: Gordon Panzak VS. City of Fowler  10. Adjournment  Next Ordinance No. 2020-07  Next Resolution No. 2480  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, October 16, 2020.  Opaa foG Corina Burrola Deputy City Clerk  3    ITEM  5A  ORDINANCE NO. 2020- 06  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING CHAPTER 50 OF TITLE 9 SECTION 05 TO ARTICLE21, CLARIFYING DEVELOPMENT STANDARDS OF ACCESSORY BUILDINGS, SECTION 715 TO ARTICLE7, CLARIFYING DEVELOPMENT STANDARDS OF THE R-1 ZONE DISTRICT, SECTION 1003 AND 1005 OF ARTICLE 10, ALLOWING FOR GROCERY STORES, SECTION 1203 OF ARTICLE 12 ALLOWING FOR GROCERY STORES, SECTION 1402 OF ARTICLE 14, AND 1402. ALLOWING AUTOMOBILE REPAIR, SECTION 1503 OF ARTICLE 15 CLARIFYING GRAMMAR OF THE FOWLER  MUNICIPAL CODE  THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION1. Section 05 of Title 9, Chapter 5, and Article 21 of the Fowler Municipal Code is A. No accessory building shall have a height greater than ten (10) feet, or one (1) story. The space between a dwelling and any accessory building on the same lot, when not joined by a common wall, B. Notwithstanding: A., above, no playground structure shall have al height greater than twelve (12)f feet. Notwithstanding. A.. above, no fireplace. or similar structure as determined byt the Director. shall BD. An accessory building may be located na-eguressideyardasSGRSMPANGHHhe-earORe-hrd dha-otswbyecto-he limitations- ol-D.fellowing aminimum of 3 feet from the side property line if located within the rear one-third of a lot. This applies to playground structures. fireplaces. and DE. Accessory buildings may be located no closer to the rear property line in R or RM districts than  hereby added to read as follows: shall be ar minimum oft ten (10) feet. have a height greater than six (6) feet.  structures determined to be similar by the Director.  shown below:  R-1-12 R-1-10 R-1-8.5 R-1-7 R-1-6 R-1-5 RM districts  12 feet 10 feet 8.5 feet 7 feet 6 feet 5 feet 5 feet    F. Notwithstanding E. above. not fireplace. or similar structure as determined by the Director.may 1. Such building may occupy not more than twenty (20) percent of the length of the required rear EG. On a reverse corner lot, an accessory building shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to as side property line adjoining the street than the SECTION2 Section 715 of Title 9, Chapter 5, and Article 7 of the Fowler Municipal Codei is E. Any mechanical equipment, Manyphamépwwamswhapuwae, diving boards, and or poolslides, shall not be located less than five (5) feet from an adjoining side or rear property line. This does not apply to fireplaces. fixed pool equipment such as pumps and filters or SECTION3 Section 1003 of Title 9, Chapter 5, and Article 10 of the Fowler Municipal Code is  bel located less than 3feet from the rear property line. yard, measured between side lot lines. 2. Roof lines or eaves shall not extend into adjacent property.  required front yard on the adjoining key lot. hereby added to read as follows:  structures determined to bes similar by the Director.  hereby added to read as follows:  A. Retail and service establishments primarily to serve the immediate neighborhood:  23. Grocerys stores under 10.000 square feet in area:  234. Hardware stores; 245. Hobby supply stores; 266. Ice dispensers (coin-operated); 267. Locksmiths; 278. Newsstands and magazine stores; 289. Offices; 2930. Parking lots;  301. Pressing, altering, andi repairing of wearing apparel; 312. Radio and television stores and repair shops;  323. Restaurants and cafes, including outdoor cafes, but excluding the sale of alcoholic beverages;  334. Shoe repair shops; 345. Shoe stores; 356. Soda fountains; 367. Stationery stores; 378. Tailors and dressmakers; 389. Video rentals and sales;  3940. Variety stores, less than ten thousand (10,000) square feeti in area;  401. Other uses added by the Commission according to the procedure setf forthi in this article; 412. Incidental and accessory structures and uses ont the same site as a permitted use.    SECTION4 Section 1005 of Title 9, Chapter 5, and Article 10 of the Fowler Municipal Code is  hereby added to read as follows:  Uses permitted subject to a conditional use permit shall be as follows (see Article 25): 9. Grocery stores greater than 10,001 square feet in area; 910. Laundromat, coin-operated laundry, and dry cleaning establishments; 101. Planned Unit Development subject to provisions of Article 28;  142. Private clubs and lodges;  123. Residential dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district; 134. Service stations, including service stations as part of a convenience store (gasoline), excluding  automotive repair services; 145. Tobacco stores. hereby added to read as follows: A. Retail and service establishments: 21. Grocery stores: 242. Hatcheries;  SECTION5 Section 1203 of Title 9, Chapter 5, and Article 12 of the Fowler Municipal Code is  223. Heating and air conditioning shops; 234. Household appliance repair shops; 245. Ice and food products dispensing machines; 256. Ice manufacturing: 267. Laboratories; 278. Laundry plants; 289. Mini-storage facilities; 2030. Parcel delivery services; 301. Photographic and blueprint processing and printing; 342. Plumbing ands sheet metal shops; 323. Post offices, public and private;  334. Poultry and rabbit butcher shops for retail sales on the premises, including live storage; such use shall not be established closer than five hundred (500) feet from any residential: zone;  345. Railroad freight and passenger services; 366. Refrigeration: saies and services; 367. Restaurants; 378. Service stations; 389. Sign shops;  3940. Stone and monument yards, retail; 401. Tire recapping and sales;    442. Upholstery shops;  423. Veterinarians' offices, small animal boarding and hospitals, and kennels; provided however such use shall not established closer than five hundred (500) feet from any residential district and shall be completely enclosed in al building ofs soundproof construction;  434. Warehouses and mini-storage uses; 445. Wholesale establishments. hereby added to read as follows: E. - Automobile repair: EE. Building materials, sales, and storage;  SECTION6 Section 1403 of Title 9, Chapter 5, and Article 14 of the Fowler Municipal Code is  FG. Emergency shelter subject to the following development standards:  1. Facility compliance with appliçable state and local standards andr requirements;  a. Federal, State and local licensing as required for any program incidental to the emergency a. Compliance with applicable state and local uniform housing and building code Thet facility shall have on-site security during all hours when the shelter is open; Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.  shelter; 2. Physical characteristics; requirements;  d. Facilities shall provide secure areas for personal property; 3. Limited Number of Beds. Emergency shelters shall note exceed ten (10) beds;  4. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months 5. Parking. The emergency shelter shall provide on-site parking at a rate of one (1) space for each employee at the maximum shift plus one (1) space per six (6) occupants allowed; 6. Emergency Shelter Management. A management plan is required to address management, client supervision, client services, and food services. Such plan shall be submitted to and approved by the Community Development Department prior to operation of the emergency GH. Farm machinery and equipment manufacturing, sales, and service (including incidental auctions not tJ. Gasoline service stations, including dispensing of diesel and other fuels, and complete truck service;  in a consecutive twelve (12) month period;  shelter; to exceed four (4) per year);  HI. Frozen food processing, storage, and accessory sales;  JK. Golf cart sales and service; KL. Hatcheries; LM. Ice and cold storage plant; MN. Laboratories, experimental and testing; NO. Machine shops;    OP. Petroleum products storage, provided that gasoline, kerosene, and similar products shall be stored  underground;  PQ. Planning mill, excluding refuse burning; QR. Poultry and rabbit processing; RS. Prefabrication of buildings; TU. Secondhand stores; Uy. Stables and riding academies; MW. Stone monument works; *Z. Trucking terminals; ZAA. Warehouses and mini-storage uses. hereby added to read as follows: B. Heavy industrial and related uses including:  SI. Public utility service yards, electrical and gas transmission stations;  IAX. Tire recycling, rebuilding, recapping and retreading;  *Y. Transit and transportation equipment, storage space andy yards, except freight classification yards;  SECTION7 Section 1503 of Title 9, Chapter 5, and Article 15 of the Fowler Municipal Code is  18. Agricultural, industrial, and household chemical compounds manufacture;  SECTION8 Section 1705 of Title 9, Chapter 5, and Article 17 of the Fowler Municipal Code is  hereby added to read as follows:  A. The following uses shall be permitted in the Form-Based Code Area: 13. Grocery stores limited to 1.500 square feet of sales area:  134. Hardware stores; 145. Health, fitness club; 156. Locksmiths; 17. Museum;  6L-MaIe-se-nsaNS4A,90/eqwareleet: 18. Non-profit charitable institutions; 19. Offices--Business, professional, service, medical; 20. Parking lots; 21. Post offices, public and private; 22. School, public or private; 23. Studio: art, dance, martial arts, music, etc.; 24. Restaurant, café, coffee shop, not serving alcohol;  25. Variety stores limited to 1,500 square feet ofs sales area 688-man1entnowsans#0,000)squ8re  feet; 26. Video rentals and sales;    27. Other uses added byt the Commission according to the procedure set forthi in this article; 28. Incidental and accessory structures and uses on thes same site as a permitted use.    ITEM  5B  MEMORANDUM  TO: FROM: DATE: CC:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: CITY OF FOWLER - PANZAK PARKI INPROVEMENIS-ADA  COMPLIANT RESTROOM FACILITIES CDBG PROJECTNO.19231 DARIODOMINGUEZ, PUBLIC WORKS DIRECTOR  OCTOBER 15, 2020  REQUESTEDACTION  Award the City of Fowler Panzak Park Improvements - ADA Compliant Restroom Facilities CDBG Project No. 19231 to Flex-Pro. Inc. from Fresno, CA in the amount of $231,689.00. The City of Fowler recently advertised for bids for the City of Fowler Panzak Park Improvements - ADA Compliant Restroom Facilities CDBG Project No. 19231. The On October 9, 2020, the City received threel bids for ranging from $231,689.00to $343,850.00. The low-bid was submitted by Flex-Pro Inc., which possess an active Class A, Class B, and Class C39 Contractors license in the State of California. A summary of the bids is attached. The bid information is currently being reviewed by Fresno County Staff, who administer the CDBG funding. The City anticipates that Fresno County Staff will approve the bid award. Staff recommends a conditional award of the project in the amount of $231,689.00 to Flex-  DISCUSSION/RECOMMENDATION  engineer's estimate for the project was $277,000.00.  Pro., Inc. contingent upon concurrence from the County of] Fresno.        ITEM  7A  6  8 E 2 8  E    88 d0 888 8888888888 8888888888 8888888888 8 8 888 8 o o 000 0000000000 0000000000 0000000000 o o 000 o  AANAA  990009 99999999 0 0  -    388  88 8 d0 3888888888 8888888888 3888888888 8 8 888 8 88 00 o o 0000000000 0000000000 0000000000 o o 000 o 00    om  88 888 8 8888 8 8 888 8 0 888 d8 888 d0  0 60  00 000 o o 000 o o 000 o  000 o 000  IN  N N 2 NN 16 - D 6 1  9 35  1 10    888  888 8 8 000 o o        -  o 00 d0 888 8 8 000 o o  3588 66          ITEM  7B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING OCTOBER 6, 2020  Mayor Cardenas called the meeting to order at 6:32 p. m. Roll call was taken. Councilmembers Present: Hammer, Kazarian, Kazarian, Parra, and Rodriquez.  City Staff Present:  City Manager Davis, City Attorney Cross, Finance Director Uyeda, City Planner Marple, Police Chief Alcaraz, Public Works Director  Dominguez, Deputy City Clerk Burrola  Discussion and Approval of updated City Manager Job Description  City Manager Davis provided sample job descriptions for the City Manager's position for the City of Fowler. Ms. Davis said she consulted with Avery & Associates, Inc. toj provide her with samples ofCity Manager job descriptions from small and large cities near and far. She said the current City Manager job description for the City is out of date. The samples provided all varyin experience, qualifications, but basically most ofthem require five, seven, to ten years ofhigh level management experience inj public administration, bachelor's degree or equivalent. The Council looked over some oft the sample job descriptions that were provided. Mayor Cardenas asked ift the City is in the process of hiring an agency to recruit for this position. Ms. Davis said the City currently has a contract with. Avery & Associates, Inc. and they will be handling the process oft the recruitment. Ms. Davis said the agency will be interacting with the Council during the processing oft the recruitment, once completed; they will be involved in the initial client meetings, development and candidate profile and search strategy, interviewing and assessments of candidates and final interviews. A discussion took place as to the education, experience and what would be the ideal candidate. The consensus oft the Council was to take more time to review the proposed Approval of Proposal from William Avery & Associates, Inc. for City Manager Recruitment City Manager Davis provided a proposal for the City of Fowler for the recruitment oft the City Manager and an agency profile of William Avery & Associates. William Avery & Associates isa successful and service focused Management Consulting firm based in Los Gatos, California. The firm specializes in Executive search, Labor Relations and Human Resources Management  descriptions and provide feedback to the City Manager.  Services  consulting.  Councilmember Kazarian made a motion to approve proposal from William Avery & Associates, Inc. for City Manager recruitment services, seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Kazarian, Rodriquez, Cardenas, Hammer, Parra. Noes: None.  Abstain: None. Absent: None. ADJOURNMENT  Having no further business, Councilmember Parra made a motion, seconded by Mayor Pro Tem  Hammer to adjourn. The motion carried and the meeting adjourned at 6:58 p.m.    MINUTES OF THE. FOWLER CITY COUNCIL AND FOWLER PUBLIC. AUTHORITY JOINT MEETING  OCTOBER 6, 2020  Mayor/Chairman Cardenas called the meeting to order at 7:02 p. m. Roll call was taken. Councilmembers/Directors Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez  City/PFA Staff Present:  City Manager/City Clerk Davis, Finance Director/Treasurer Uyeda, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Fire Chief Lopez, City Planner Marple, Senior/ Recreation Coordinator Hernandez, Deputy  City Clerk Burrola  PUBLIC PRESENTATIONS  Patric Jones, Fowler resident said he was approached by several individuals who would like to donate to the new fire station. He asked if Help Furnish Fowler's Fire House 48 on Facebook is City based. Melissa Squeo, Fowler resident, addressed Mr. Jones' question. She said she is in charge of the fundraiser for the new fire station and he can contact her with any donations. Accept/Approve Donation for the New Fowler Fire Station in the Amount of $5,000 - Fowler City Manager Davis said the City received a request from Fowler Packing Company wanting to donate to the new Fowler Fire Station in the amount of $5,000. Ross Parnagian, Fowler Packing The Council thanked Mr. Parnagian and the Parnagian family for the donation to the new fire CouncalmembetrDirector Kazarian made a motion to accept the donation for the new Fowler Fire Station in the amount of $5,000 from Fowler Packing Company, seconded by CouneulmemberDirectior Rodriquez. The motion carried by roll call vote: Ayes: Kazarian, Rodriquez, Cardenas, Hammer, and Parra. Noes: None. Abstain: None. Absent: None.  Packing Company  Companyjoined via teleconference.  station.  PUBLIC: HEARING  Public Hearing to Consider Zoning Text Amendment No. 20-01 to Amend Accessory Structure Standards and Allowed use Listings in the Fowler Zoning Ordinance City Planner Marple said the City is undergoing a comprehensive Zoning Code update. Ms. Marple said late last year a grant opportunity was presented to the Council for SB2 funds. City staff identified the benefit of clarifying certain standards and uses. City staff recommends permitting grocery store in the C-1,C-3, and Form Based Code Zones to promote development of such uses. Staff also recommends clarifying the permitted uses in the M-1 zone to permit automobile repair. A missing oxford comma has also created confusion about agricultural uses being permitted in the M-2 zone. Adding the comma will clarify that agricultural uses are not  allowed.    Mayor Cardenas opened the duly noticed public hearing on the matter at 7:25 p.m. There were no  public comments from the public and hearing closed at 7:25 p.m.  First Reading of Ordinance No. 2020-06  CounceimempetrDirector Parra made ai motion to waive the first reading of Ordinance No. 2020- 06, An Ordinance oft the City Council ofThe City of Fowler Amending Chapter 5 ofTitle 9 Section 05 to Article 21, Clarifying Development Standards of Accessor Buildings, Section 715 to Article 7, Clarifying Development Standards ofthe R-1 Zone District, Section 1003 and 1005 of Article 10, Allowing for Grocery Stores, Section 1203 of Article 12. Allowing Grocery Stores, Section 1402 of Article 14, and 1402 Allowing Automobile Repair, Section 1503 of Article 15 Clarifying Grammar ofThe Fowlerl Municipal Code", seconded by CouncimemberDrector Rodriquez. The motion carried by voice vote: Ayes: Parra, Rodriquez, Cardenas, Hammer, and PRESENTATION OF THE 2017- - 2018 FISCAL YEAR AUDITS- CORONA, FAETH Auditor Gus Corona, of Borchardt, Corona, Faeth & Zakarian, presented the audits for the City of Fowler and Public Financing Authority (PFA). The PFA audit showed that there was an increase on net position of $40.983 and overall revenues of $163,992, which exceeded expenses of $123,009. Total assets were $2,327.049 and total liabilities were $2,330,000 for 2018. Mr. Corona The City's audit showed a total positive net position of $29,997,065 for the end of 2018, overall revenues and transfers totaled $8,638,041 which exceeded expenses of $6,336,589 by 2,301,452. This was an increase due to development fees and the increase ofproperty tax assessments. Total liabilities decreased by a total of $208,000. General Fund (GF) revenues totaled $4,123,562 and total expenditures totaled 3,759,671 leaving aj positive of $330,863 at. June 30, 2018..  Kazarian. Noes: None. Abstain: None. Absent: None.  AND ZAKARIAN  stated that everything is being accounted for properly.  COMMUNICATIONS  City Manager/Executive Director Davis reminded the Counçil oft the upcoming Employee  Appreciation Grab and Go BBQluncheon, Friday, October 16, 2020.  STAFF REPORT  CITY MANAGER'S REPORT COVID-19 Update  City Manager Davis said the numbers are staying about the same; there are 238 total cases, 234 recovered/closed cases. She mentioned the Fowler Unified School District are working on the City Manager/Executive Director Davis said the City has been very busy with many projects. She said the City received a Section 130 Grant in the amount of 2.7 million to pay for the railroad  possibilityofphasing: in to opening the schools.  crossing improvements and pedestrian crossing near the Maxco project.    She said the new fire station is nearly complete and the fire department is steadily moving in. She would like to have a ceremonial event of recognition but unsure due to the current events. Ms. Davis mentioned the Jack in the Box project plans has been approved and they will possibly  be breaking ground sometime in November. The Buford Travel Center project is moving along.  The Panzak park ADA restroom project bid opening was delayed due uncompleted federal noticing; the new bid opening date has been scheduled for this Friday, October gth at 11:00 a.m. She said a new hotel project was tabled at a recent Planning Commission meeting as they requested more information on the design. The hotel will be located near 10th and Tuolumne Councilmember Kazarian brought up the Great Plates program and asked Senior Center Coordinator, Ms. Hernandez what was the outcome and the guidelines as to getting more seniors to qualify for the program. Ms. Hernandez stated that she visited quite a few seniors who apparently did not qualify due to having in home services or who may have family members providing for them. Councilmember Kazarian said it seems there's some confusion on the guidelines and requirements for qualification, he expressed the Willingness to work with Ms. Hernandez to  Streets.  hopefully make the program happen. PUBLIC WORKS REPORT  Public Works Director Dominguez said that before the Council tonight is a resolution to participate and pursue grant funding for a water meter improvement project. He said the Bureau of Reclamation announced a funding opportunity for WaterSMART Water and Energy Efficiency Grants for Fiscal Year 2021 for projects that result in water conservation and improve water management, such as installing municipal smart water meters. The grant will have a cost sharing of 50% of the total cost of the project. This project will benefit the City while reducing the costs associated with meter reading and the continued ongoing maintenance of the existing aged meters, also to improve inconsistency. Mr. Dominguez said the project will consist of replacing approximately 1700 meters in a period of 5 years. The application package will be put together by California Consulting Inc. The approximate cost of the grant application package is $12,000. California Consulting will be reimbursed by California Alliance for Jobs which is a company that focuses on helping municipalities achieve grants and help contracting companies built the projects. CouneilmempetrDirector Kazarian made a motion to approve Resolution No. 2479, A Resolution oft the City Council oft the City of Fowler to Ratify an Application for WATERSMART Water and Energy Efficiency Grants for Fiscal Year 2020 BOR-DO-21-F00I) seconded by CouncilmemberDirector Parra. The motion carried by voice vote: Ayes: Kazarian, Parra,  Cardenas, Hammer, and Rodriquez. Noes: None. Abstain: None. Absent: None.  FINANCE DIRECTOR'S REPORT  No report was given.    POLICE DEPARTMENT REPORT  Police Chief Alcaraz said the Fresno County Sheriff's Department reduced their staffing in assisting with the 2020 creek fire. Staff will no longer be sent up to assist. He said the City should be receiving ai reimbursement from Cal OES for the officers' mileage reimbursement. He said he will be sending some officers, with the assistance of other agencies, to the City of  Coalinga to assist on ai rash ofs shootings they recently had.  FIRE DEPARTMENT REPORT equipment into the new fire station. CITY ATTORNEY'S REPORT  Fire Chief Lopez (via teleconference) said the department is currently in the process of moving  Approval of City Manager Employment Agreement  City Attorney Cross said tonight'si item is a proposed City Manager'semployment agreement. City Manager Davis has announced her retirement and the agreement extends to December 30, 2020 which is her retirement date. A provision would allow an extension by mutual agreement of Ms. Davis and the Council. The salary proposal shall be placed at Step E ofthe City Manager position of the City's adopted salary schedule; she shall receive those benefits established by the City's Benefit's Resolution of the positon of City Manager. Councilmember Kazarian said he would like to make a motion to divide the question and act upon the salary separate from the other parts of the Councimembetr/Drector Parra made a motion to approve the City Manager Employment Agreement with exception of the Step Salary, seconded by Mayor Pro Tem/Vice Chairman Hammer. The motion carried by voice vote: Ayes: Parra, Hammer, Cardenas, Kazarian, and Mayor Pro Tem/Vice Chairman Hammer made a motion to approve the salary Step E of City Manager Employment Agreement, seconded by CouncilmemberDirecto: Rodriquez. The motion carried by voice vote: Ayes: Hammer, Rodriquez, Cardenas, and Parra. Noes: Kazarian. Abstain:  agreement.  Rodriquez. Noes: None. Abstain: None. Absent: None.  None. Absent: None. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants = October 6, 2020; B) Approve Minutes of the City Council Meeting = September 15, 2020 and City Council Special Meeting CouncimembetrDirctor Kazarian made a motion to approve the consent calendar, seconded by CouneimembetDrctor Rodriquez. The motion carried by voice vote: Ayes: Kazarian, Rodriquez, Cardenas, Hammer, and Parra. Noes: None. Abstain: None. Absent: None.  September 29, 2020.    COMMITTEE REPORTS  Mayor/Chairman Cardenas mentioned the extension and reconstruction of Adams Avenue to 4th and Merced Streets. selma-kingburglowler Sanitation District (SKF) had opening bids for the sewer improvements on Adams Avenue; it was over the Engineer's estimate and was rejected. Mayor Pro Tem/Vice Chairman Hammers mentioned the Trunk or Treat event. Senior/Recreation Coordinator Yvonne Hernandez said the Drive-Thru Trunk or Treat is scheduled to take place at the Edwin Baldwin Senior Center on Thursday, October 29, 2020 from 6:00 p.m. to 8:00 p.m. It'll bea a family-friendly experience while social distancing and enjoying trunk or treats all from within CouneimembetrDrector Kazarian said the South Kings Ground Water Sustainability (SKGSA) had available grant monies for recharge projects. They are working with other GSA'st to divide the He said he spoke with David Wong regarding parking opportunities in the down town area. He also mentioned the possibility of putting in another handicap parking in front ofCVS Pharmacy for CouneimempetrDirector Parra said the League of California Cities virtual meeting started today. CouneilmemberDirector Rodriquez said he received a complaint of limited parking in front of the  Rebidding for this project will be rescheduled at a later date.  the safety oft their vehicles.  grant money for identified projects.  Senior Citizens.  Fowler Donut Shop. ADJOURNMENT  Having no further business, Couneumembetr/Directior Rodriquez made a motion, seconded by CounceimemberDirctor Parra to adjourn. The motion carried and the meeting adjourned at 9:01  p.m.    ITEM  7C 2020  1 2  AGREEMENT  THIS AGREEMENT ("Agreement") is made this  day of  3 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision oft the State  4 ofCalifornia, ("County"), and the CITY OF FOWLER, "Subrecipient").  5 6  WITNESSETH  WHEREAS, the County has received funds to administer and implement the program for  7 the Community Development Block Grant Coronavirus Response ("CDBG-CV") Program activities 8 ofti the County, and its participating cities, in accordance with the provisions of Titleloft the Housing 9 and Community Development Act of 1974, as amended ("HCD Act"), the Coronavirus Aid, Relief, 10 and Economic Security Act, ("CARES Act"); Public Law 93-383; and the laws of the State of  11 California; and 12 14  WHEREAS, CDBG-CVfundingi has been made available to the County to prevent, prepare WHEREAS, the County wishes to engage the Subrecipient to assist the County in utilizing  13 for, and respond to the coronavirus ("COVID-19); and  15 such funds; Subrecipient has submitted the Fowler Senior Meals, Project No. 19232-CV  16 ("Project"), for CDBG-CV funding; and  17  WHEREAS, the Subrecipient has estimated that the total cost of the Project is $29,055,  18 and has requested the sum of $29,0551 from the County's allocation ofCDBG-CVfunds: to complete  19 the Project; and  20 22 24 26 27 BUDGET 28  WHEREAS, the County Board of Supervisors, at a public hearing conducted on July 7, WHEREAS, thel Project is consistent with the objectives oft the Fresno County Consolidated, NOW THEREFORE, in consideration oft their mutual promises as nereinatter set forth, the  21 2020, approved the Project for funding; and  23 Plan, including the annual Action Plan as amended. 25 Subrecipient and County agree as follows:  I.  PROJECT DESCRIPTION. LOCATION, TIME OF PERFORMANCE AND A. The Project consists of the procurement of meals for senior citizens in thel  1    1 City. Thel Project will ensure the most vulnerable residents are receiving adequate nutrition while 2 minimizing exposure to communicable disease at grocery stores or restaurants.  3  B. The Subrecipient willl be responsible for administering a CDBG-CVfunded  4 project in a manner satisfactory to the County and consistent with standards required as a  5 condition of providing these funds.  6 7 8 9  C. The Project budget is estimated by the Subrecipient as follows:  Meal Procurement  $29,055 $29,055  Total  D. Notwithstanding Subrecipient's estimates in the above-described Project  10 budget, payments for the Project from CDBG-CV funds shall be limited to the Subrecipient's  11 actual costs, and shall not exceed thet total amount of $29,055.  12 13 sources: 14 15 16  E. The proposed funding for the Project will be provided from the following  CDBG-CV Local Contribution  $29,055 $ 0 $29,055  Total  F. Prior to any changes that may occur which would modify the scope of the  17 Project, the Subrecipient shall submit a written request to the County. The Subrecipient shall  18 send its written request to:  19 20 21 22  Community Development Grants County of Fresno Department of Public Works and Planning Community Development Division 2220 Tulare Street, 6th Floor Fresno, CA 93721  23 Ift the Director of the County Department of Public Works and Planning ("Director") determines the 24 modified Project is still eligible under the Federal CDBG-CVr regulations, the Director is authorized 25 to permit such modifications. The County shall specify in al letter tot the Subrecipient whether such 26 modifications to the scope of the Project are authorized, and ift the Subrecipient may proceed.  27 28  II.  OBLIGATIONS OF THE COUNTY  A. The County shall reimburse the Subrecipient up to, but not more than,  2    1 $29,055 in CDBG-CV funds for the Project for the Subrecipient's performance of its obligations 2 under this Agreement. All funds shall be paid in accordance with Section V of this Agreement. 4 the Subrecipient, the proposal for the activities and specifications fort the Project, as prepared by 5 the Subrecipient, for compliance with Federal regulations, conformance with state and local 6 requirements, and the total Project cost estimate, to ensure sufficient funds are available to 7 complete the Project. Ifsuch conditions have been met, the County shall specify in a letter tol 8 the Subrecipient that these conditions have been met, and that the Project activities can  3  B. The County shall review, within thirty (30) calendar days of receipt from  9 commence. 10  C. The County may, upon request by the Subrecipient, allow alternate  11 procurement procedures permitted under 24 CFR Part 84, provided the Subrecipient submits  12 satisfactory documentation and justification.  13  D. The County shall conduct periodic inspections of the Project, as may be  14 required, in the determination of the County, to ensure that the intended activities and group of 15 beneficiaries of the Project have not changed. Upon completion of the Project, but prior to the 16 Subrecipient's acceptance of the Project, the County shall conduct a final inspection of the 17 Project. Ifsuch conditions have been met, the County shall specify in al letter to the Subrecipient  18 that these conditions have been met.  19 20 22  III.  OBLIGATIONS OF THE SUBRECIPIENT  A. The Subrecipient shall provide any and all sums of money in excess of B. The Subrecipient shall demonstrate in writing, and to the County's  21 $29,055, which may be necessary to complete the Project.  23 satisfaction, that it has the authority, operational ability, and financial resources for providing the 24 services being provided with CDBG-CVfunds under this Agreement prior to award oft the Project. 26 specifications to the County. The County will ensure Federal CDBG requirements have been 27 adhered to, and review cost estimates to ensure sufficient funds are available. The Subrecipient 28 shall obtain a letter from the County specifying these conditions have been met.  25  C. Upon completion of the activity plan, the Subrecipient shall submit the  3    1 3 5  D. The Subrecipient may request to utilize alternate procurement procedures E. The Subrecipient shall give written notice thereof, to include a copy of the F. All proposed changes to the planned activities shall not proceed until prior  2 allowed under 24 CFR Part 84, subject to prior approval by the County.  4 executed contract between the Subrecipient and the vendor, to the County.  6 written approval has been given by the County. Request for approval of a change of services 7 provided shall include a narrative description of the work, a cost or price analysis in accordance 8 with HUD requirements, and a written certification from the Subrecipient that the approval of the 9 change is consistent with the final cost estimate approved by the County. In addition, the! 10 Subrecipient shall certify that the change is within the scope of the Project and is necessary tol  11 complete the Project.  12  G. The County has determined that the Project is exempt from the provisions  13 of the California Environmental Quality Act (CEQA) and the National Environmental Protection  14 Act (NEPA). 15  H. Upon completion of the Project, the Subrecipient shall notify the County  16 so a representative can perform an inspection of the Project to determine that it was completed 17 in accordance with the scope of work approved and authorized pursuant to this executed  18 Agreement. 19  I.  Upon approval of Project completion by the County, the Subrecipient shall  20 provide the County withar resolution of acceptance, or similar documentation, demonstrating that 21 the Project was completed in accordance with the scope of work approved and authorized 22 pursuant to this executed Agreement and any approved subsequent amendments and/or 23 changes, and that the Subrecipient has accepted the Project. Prior to the final request for 24 payment, the Subrecipient shall also provide the County with a written summary of all Project  25 work completed with CDBG-CV and other funds.  26  J.  During the contract period, the Subrecipient shall complete and submit  27 annually on June 1, and upon completion of the Project, al Project Outcome Measurement Report 28 (POM) form, a copy of which is attached hereto as Exhibit 1 and incorporated herein by  4    1 reference. The POM shall contain the following information for the County's Federal reporting  2 purposes to the U.S. Department of Housing and Urban Development (HUD):  3 4 5 6 7 8 9  1. Total number of househods/persons assisted. 2. Number of total nousehods/persons assisted that:  a. Now have new access to this type of service or facility. b. Now have improved access to this type of service or facility. Now are served by a service or facility that is no longer  C.  substandard.  K. The Subrecipient must informi the County in writing of any program income  10 generated by the expenditure of CDBG-CV funds. Any program income generated as a result 11 of the Project must be paid to the County. For purposes of this Agreement, program income is 12 defined as proceeds received as a result of the CDBG-CV funded activities. Ifthe Subrecipient 13 contributed financially to the Project, the Subrecipient may retain a share of the program income 14 inp proportion to the Subrecipient's contribution to the Project, after the Subrecipient has provided  15 a written accounting acceptable to the County.  16  L.  The Subrecipient must obtain prior written approval from the County  17 before making any modification or change in the services being provided, in whole or in part, 18 using CDBG funds in excess of $25,000. The Subrecipient shall provide affected citizens with 19 notice of, and opportunity to comment on, any proposed change to the services being provided 20 with CDBG funds. These requirements shall continue in effect for five years after the Project is 21 completed in HUD's Integrated Disbursement and Information System (IDIS). Ini the event the! 22 CDBG program is closed out, the requirements of this Section shall remain in effect for activities 23 funded with CDBG funds, unless action is taken by the Federal government to relieve the  24 Subrecipient of these obligations.  25  M. The Subrecipient acknowledges that the County may periodically inspect  26 the Project to ensure that the services are being provided as described ini this Agreement. The 27 Subrecipient agrees to provide any necessary information to the County to carry out such 28 inspections. Furthermore, the Subrecipient agrees to take corrective action if the County  5    1 determines that modifications to the use and location of the Project have resulted in a violation  2 of the Federal CDBG regulations.  3 4  IV.  CONFORMANCE WITHAPPLICABLE LAWS AND REGULATIONS  A. The Subrecipient shall, and shall cause its consultants, contractors, and  5 subcontractors to, comply with all applicable State and Federal laws and regulations governing  6 the Project. 7  B. Whenever the Subrecipient uses the services of a contractor, the  8 Subrecipient shall require that the contractor comply with all Federal, State and local laws, 9 ordinances, regulations and Fresno County Charter provisions applicable in the performance of  10 their work. 11  C. This Project is subject tot the requirements of Section 3 of the Housing and  12 Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u), and all applicable rules and 13 orders issued hereunder. Compliance will be a condition of the Federal financial assistance 14 providing under this Agreement, and binding upon the Subrecipient and any oft the Subrecipient's 15 subcontractors. The Subrecipient certifies and agrees that no contractual or other disability 16 exists that would prevent compliance with these requirements. The Subrecipient further agrees 17 to comply with these Section 3 requirements and to include the following language in all 18 subcontracts executed under this Agreement: "The work to be performed under this Agreement 19 isap project assisted under a program providing direct Federal financial assistance from HUD: and 20 is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, 21 as amended. Section 3 requires that to the greatest extent feasible opportunities for training and 22 employment be given to low- and very low- income residents of the project area, and that 23 contracts for work in connection with the project be awarded to business concerns that provide 24 economic opportunities for low- and very low-income persons residing the metropolitan area in 25 which the project is located". Accordingly, the Subrecipient shall require any subcontractor tol 26 complete and submit documentation prior to award of the contract, and upon Project completion,  27 that compliance with the Section 3 clause has been met.  28  D. Whenever the City receives at least $100,000 for a project from the  6    1 County's CDBG Program under this Agreement, the Subrecipient shall complete and submit to 2 the County Community Development Division a' "Certification of Payments to Influence Federal 3 Transactions" form and a Standard Form LLL - Disclosure of Lobbying Activities" form. 4 Likewise, before the Subrecipient awards a contract using at least $100,000 of such CDBG-CV 5 funds, the Subrecipient shall require the subcontractors to complete and submit these two (2)  6 forms described hereinabove to both the Subrecipient and the County.  7 8  V.  PAYMENT FOR THE PROJECT  A. Iti is expressly agreed and understood that the total amount to be paid by  9 the County under this Agreement shall not exceed $29,055. At monthly intervals, the 10 Subrecipient shall submit a written request to the County for payment of eligible expenses 11 incurred in accordance with the performance of this Agreement. The request for the County tol 12 make such a payment shall be in accordance with the exemplar Project Pay Request Form, 13 attached hereto as Exhibit 2 and incorporated herein by reference. The request shall also be 14 accompanied by a written certification from the Subrecipient that the request for payment is 15 consistent with the amount of work that has been completed, and that said work is in accordance 16 with the contract documents and this Agreement. The request for payment shall also bel 17 accompanied by documentation acceptable to the County, such as checks, invoices or vouchers 18 for services or materials purchased, contractor's costs, or other costs chargeable to the Project. 19 After appropriate review and inspection, the County shall make payment from CDBG-CV funds 20 provided in this Agreement for all eligible costs specified herein up to the maximum amount 21 payable under Section I. Payments may be contingent upon certification of the Subrecipient's 22 financial management system in accordance with the standards specified in 24 CFR 84.21.  23  B. The CARES Act requires that there are adequate procedures in place tol  24 prevent any duplication of benefits, as required by section 312 of the Stafford Act, as amended 25 by section 1210 oft the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 26 42 U.S.C. 5121 et seq.). Duplication of benefits occurs when Federal financial assistance is 27 provided to Subrecipient, and Subrecipient has received (or would receive, by acting reasonably 28 to obtain available assistance) financial assistance for the same costs from any other source  7    1 (including insurance), and the total amount received exceeds the total need for those costs. 2 Subrecipient is required to certify that every request for payment does not constitute duplication 3 of benefits. Subrecipient agrees to repay any amount that is determined to be duplicative.  4  C. Any savings realized in the final cost of the Project, due to Project cost  5 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to 6 reduce the amount of this Project paid for with CDBG-CV funds in the same pro-rata share that 7 CDBG-CV funds were used in payment of the Project. Ifthe Subrecipient is required to provide 8 any additional funds toward the Project other than described int this Agreement, any cost savings 9 shall be first used to reimburse the Subrecipient fori its contribution in excess oft the total amount  10 provided by this Agreement. 12 Subrecipient and its agents.  11 13  D. The County shall not be bound by any agreement between the E. Upon the completion of the Project, the Subrecipient shall submit to the  14 County Community Development Division a written request for final payment of costs, which 15 shall provide a detailed description oft the Project pay items and costs. The final pay request 16 shall be in accordance with Exhibit 2. The County shall not be obligated to make any 17 payments under this Agreement if the request for payment is submitted by the Subrecipient 18 more than sixty (60) days after the Notice of Completion has been filed with the County 19 Recorder's Office. An extension to the sixty (60) day period may be granted by the Director 20 prior to the deadline if the Subrecipient can demonstrate just cause for the delay.  21  F. The County may withhold payment of the final payment request made by]  22 the Subrecipient, until a final POM and written summary of all Project work completed with  23 CDBG-CV and other funds have been submitted to the County.  24 25 26 27 28  G. All requests for payment and supporting documentation shall be sent to:  Business Manager County of Fresno Department of Public Works and Planning Financial Services Division 2220 Tulare Street, 6th Floor Fresno, CA 93721  8    1  H. The Subrecipient agrees to comply with 24 CFR 84.21-18, and agrees to  2 adhere to the accounting and bookkeeping procedures in accordance required therein. 3 Subrecipient must utilize adequate internal controls and maintain necessary source 4 documentation for all costs paid with CDBG-CV funds in accordance with the performance of  5 this Agreement.  6  I.  All records and accounts shall be available for inspection by the County,  7 the State of California, if applicable, the Comptroller General of the United States, and HUD or 8 any of their duly authorized representatives at all reasonable times for a period of at least four 9 (4) years following final payment under this Agreement, or the closure of all other pending 10 matters, whichever is later. Records shall include but not be limited to: Records providing a full 11 description of each activity; records documenting compliance with the fair housing and equal 12 opportunity components; financial records as required by 24 CFR 570.502, and 24 CFR 84.21- 13 28 and any other records necessary to document compliance. The Subrecipient shall certify  14 accounts when required or requested by the County.  15  J.  The Subrecipient shall maintain client data demonstrating eligibility for  16 services provided. Such date shall include, but not be limited to, client name, income level or 17 other basis for determining eligibility, and description of service. Such information shall be made 18 available to County monitors or their designees for review upon request. The Subrecipient 19 understands that client information collected under this contract is private and the use or 20 disclosure of such information, when not directly connected with the administration of the Subrecipients responsibilities with respect to services provided under this contract, is prohibited,  21 23  22 unless written consent is obtained from such person receiving service.  K. The Subrecipient, as a subrecipient of Federal financial assistance, is  24 required to comply with the provisions of the Single Audit Act of 1984 (31 U.S.C. Sections 7501 25 et seq.), as amended. Whenever the Subrecipient receives CDBG-CV funds from the County 26 for the Project, a copy of any audit performed by the Subrecipient in accordance with said Act 27 shall bet forwarded to the County Community Development Grants Program Manager within nine 28 (9) months of the end of any Subrecipient fiscal year in which funds were expended and/or  9    1 received for the Project. Failure to perform the requisite audit functions as required by this 2 paragraph may result in the County performing any necessary audit tasks or, at the County's 3 option, the County contracting with a public accountant to perform the audit. All audit costs 4 related to the Subrecipient's failure to perform the requisite audit aret the sole responsibility oft the 5 Subrecipient, and such audit work costs incurred by the County shall be billed to the 6 Subrecipient, as determined by County's Auditor-Controler/Treasurer-Tax Collector. In the 7 event the Subrecipient is only required to perform an audit under the provisions of the Act 8 because the Subrecipient is receiving CDBG-CV funds, the County may perform, or cause to be 9 performed, the required audit to determine whether funds provided through this Agreement have 10 been expended in accordance with applicable laws and regulations. Any audit-related costs 11 incurred by the County under this provision shall be charged to the County CDBG Program. Thel 12 Subrecipient agrees to take prompt and appropriate corrective action on any instance of material  13 non-compliance with applicable laws and regulations.  14 15 16 17 18 19 20  .  The Subrecipient shall send a copy of the audit to:  Community Development Grants County of Fresno Department of Public Works and Planning Community Development Division 2220 Tulare Street, 6th Floor Fresno, CA 93721 NDEMNIFICATION  VI.  The Subrecipient shall indemnify, defend, and save harmless the County, its  21 officers, agents, and employees from and against any and all damages, claims, and losses 22 whatsoever (including attorney's fees and costs) occurring or resulting to persons, firms, or 23 corporations furnishing or supplying work, services, materials, or supplies in connection with the 24 performance of this Agreement, and from any and all damages, claims, and losses (including 25 attorney's fees and costs) occurring or resulting to any person, firm, or corporation for damage, 26 injury, or death arising out of or connected with the Subrecipient's performance of, or failure to 27 perform, its obligations under this Agreement. The provisions of this Section VI shall survive the  28 termination of this Agreement.  10    1 2 3 executed by the County. 4 5 January 4, 2021. 6 7 4, 2021. 8 9 10 12 14  VII.  TIME OF PERFORMANCE  A. The following schedule shall commence on the date this Agreement is  1. Complete Specifications and Submit to the County for Review -  2.  Complete County Review and Approval of Specifications-February  3. Begin Advertising for Bids = February 22, 2021. 4. Award Contract - March 22, 2021.  B. Evidence of delivery, inspection, and acceptance by the Subrecipient shall C. Thei final POM Report, written summary of ally work completed, and request D. The Subrecipient shall give immediate written notification to the County  11 be submitted to the County Community Development Division no later than November 30, 2021.  13 for final payment shall be submitted to the County no later than January 31, 2022.  15 Community Development Division of any events that occur which may affect the above time 16 schedule and completion date and thei time schedule specified in the contract documents, or any 17 event that may have significant impact upon the Project or affect the attainment of the Project's 18 objectives. The Director is authorized to make adjustments in the above schedule if, in the  19 Director's judgment, any delay is beyond the control of the parties involved.  20 21 Agreement. 22 VIII. 23  E. Time is of the essence in the Subrecipients performance of this  BREACH OF AGREEMENT  In the event the Subrecipient fails to comply with any oft the terms of this Agreement,  24 the County may, ati its option, deem the Subrecipient's failure a material breach of this Agreement, 25 and utilize any remedies permitted by law that the County deems appropriate. Should the County 26 deem a breach of this Agreement material, the County shall immediately be relieved of its 27 obligations to make further payment as provided herein. Termination of this Agreement due tol 28 breach shall not, in any way whatsoever, limit the rights of the County in seeking any other legal  11    1 relief in a court of law or equity, including the recovery of damages. In addition to the Agreement 2 being terminated by the County in accordance with a material breach of this Agreement by the 3 Subrecipient, this Agreement may also bet terminated for convenience by the Countyi in accordance  4 with state and federal law.  5 6  IX.  TERMINATION OF PROJECT  A. If the Subrecipient decides to cancel the Project covered by this  7 Agreement, the Subrecipient shall submit a request in writing toi the County Department of Public 8 Works and Planning, Community Development Division explaining just cause for the request. 9 The Director is authorized to approve such a request if, in the Director's judgment, there is just  10 cause for the Project's cancellation.  11  B. If the Subrecipient's request to cancel the Project covered by this  12 Agreement is approved by the Director, the Subrecipient shall promptly return to the County all  13 CDBG-CV funds paid pursuant to this Agreement.  14 15  X.  VENUE: GOVERNING LAW  Venue for any action arising out of or relating to this Agreement shall be only in  16 Fresno County, California. The rights and obligations of the parties and all interpretation and 17 performance of this Agreement shall be governed in all respects by the laws of the State of  18 California. 19 20  XI.  ENTIRE AGREEMENT  This Agreement constitutes the entire agreement between the Subrecipient and the  21 County, with respect to the subject matter hereof, and supersedes all previous negotiations, 22 proposals, commitments, writings, advertisements, publications, and understandings of any nature  23 whatsoever, unless expressly included int this Agreement.  24 III 25 II 26 II 27 II 28 II  12    1 3 5 6 By: 7 8 9 10 ATTEST: 11 12 13 14 15 16 17 18 City Attorney 19 20 22 24 25 26 27 SW:JA: 28 October1 1, 2020  INWITNESS WHEREOF, the parties have executed this Agreement ont the date set forth  2 on page one of this Agreement.  4 CITY OF FOWLER SUBRECIPIENT  COUNTY OF FRESNO  City Manager  Ernest Buddy Mendes, Chairman of the Board of Supervisors of the County of Fresno  ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California  By: Deputy  City Clerk, City of Fowler  APPROVED AS TO LEGAL FORM:  REMIT TO: City of Fowler Attention: Jeannie Davis, 128 South 5th Street Fowler, CA 93625 Telephone: (559)834-3113  FUND NO: 0001 21 SUBCLASS NO: 10000 ORG NO: 7205 ACCOUNT NO: 7885 PROJECT NO: N19232-CV 23 ACTIVITY CODE: 7307  City Manager  AVRMCemDerAgmmAoememopAAIyow, Senior! Meals CDBG1 19232-CV_Agtdocx  13    Exhibit1 County of Fresno  Project Outcome Measurement Report  Project #:  Project Name:  The County of Fresno is required to submit information annually on each project funded with Community Development Block Grant (CDBG) funds, per U.S. Department of Housing and Urban Development (HUD) guidelines. As a recipient of CDBG funds from the County, the County requests that you provide the following information:  1. Years Reported:  through  2.  Enter the number of persons assisted that:  a.  Now have new access to this type of public facility or infrastructure (New access to a public facility or infrastructure is when the facility did not Now have improved access to this type of public facility or infrastructure (Improved access to a public facility ori infrastructure is when the facility or infrastructure is improved or expanded, enabling the grantee to expand the number of people or type of service the facility provides.) Are served by this public facility or infrastructure improvement that is no (A public facility or infrastructure is no longer substandard when the CDBG funds were used to meet a quality standard, or measurably improve the quality of the facility or infrastructure.) (Note: The numbers of persons entered in a, b, and C, above, must add up to the total number of persons entered in question 3.)  improvement:  or N/A  previously exist and is provided for the first time.)  b.  improvement:  or N/A  C.  longer substandard:  or N/A  3. 4.  Total number of persons assisted:  Please describe the accomplishments made on this project in the past year (i.e. construction progress). Ifthe project is complete, please describe the overall  accomplishments made on the project.  Form Completed By:  v2CamDow-AgmasAyeemenao2n26) Fowler SeniorN Meals CDBG 19232-CV_Agt docx  September 23, 2020    Exhibit 2  Project Pay Request  Date  Business Manager County of Fresno Department of Public Works and Planning Financial Services Division 2220 Tulare Street, 6th Floor Fresno, CA 93721  Subject: Request for Payment, CDBG-CV Project No.  <District Name> <Project Title>  Ina accordance with the executed. Agreement for the above-referenced project, the <District The District certifies that this request for payment is consistent with the amount of work that has been completed to date, performed in accordance with the construction contract documents and the executed Agreement, and as evidenced by the enclosed invoices and supporting documents. The District also certifies that this request does not constitute a duplication of benefits under federal requirements as described in Section V, Paragraph B of  Name> is requesting payment of $  for project costs.  the Agreement. Payee  Invoice #  Amount  Sincerely,  <District Manager> <District Name> Enclosure(s)  GVACAMOMAApmasAyAZIsFoaw: Senior Meals CDBG1 19232-CV_Agtd docx  September 23, 2020    ITEM  7D  CITY MANAGER JOB DESCRIPTION  DEFINITION  Under general policy direction of the City Council, to plan, direct, manage and review the activities and operations of the City; including all municipal departments; to provide policy guidance to and coordinate the activities of management staff; to facilitate the development and implementation of long and short range plans, policies, goals, objectives, and programs to provide the City with technical and administrative direction in meeting, maintaining and enhancing City services standards; to ensure public services are delivered in an efficient and effective manner; and to provide highly responsible and complex administrative support to the  City Council.  SUPERVISION EXERCISED administrative support staff.  Exercises direct supervision over management, supervisory, professional, technical, and  EXAMPLESOFI IMPORTANT AND ESSENTIAL: DUTIES  Directs and manages the development and implementation of City goals and objectives; recommends and administers policies, procedures, and priorities for all service areas; allocates Provides highly responsible and complex administrative staff assistance to the City Council; confers with the City Council regarding a wide variety of municipal government issues; recommends policies, procedures and actions to be taken by the City Council; carries out City Oversees and participates in the development and administration of the City budget; directs the forecast of funds needed for staffing, programs, equipment, materials and supplies; submits annual operating and capital budget to City Council; administer and monitor approved budget; Plans, directs and manages City operations; meets with members of management staff to identify and resolve problems; assigns projects and programmatic areas of responsibility; reviews and Continuously monitors and evaluates the efficiency and effectiveness of City service delivery methods and procedures; assesses and monitors work load, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement; directs the  resources accordingly. Strives to improve all aspects of City services.  Council decisions, goals or directives.  implement midyear adjustments as necessary.  evaluates program goals and objectives.  implementation of changes.    Represents the City to other public agencies, community based organizations, elected officials, outside agencies, and the mass media; explains and interprets City programs, policies, and activities; negotiates and resolves sensitive, significant, and controversial issues. Responds to and resolves difficult and sensitive citizen inquiries and complaints; assigns departments to resolve citizen complaints and concerns in a timely manner. Clarifies, interprets, and ensures compliance with, and suggests changes to Personnel Rules and Regulations, City policies and procedures, Memoranda of Understanding (MOU) and other Selects, trains, motivates and evaluates City management and administrative staff; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline Participates on a variety of boards and commissions; attends and participates in professional groups and committees; stays abreast of new trends and innovations in the field of public agency  pertinent rules and regulations.  and termination procedures.  administration.  OTHER, JOB RELATED DUTIES  Perform related duties and responsibilities as assigned by the City Council. JOB RELATED AND ESSENTIAL QUALIFICATIONS  Knowledge of:  Modern and highly complex principles and practices of municipal government management,  administration, and organization.  Roles and functions of a City Council in a California municipal government.  Current social, political and economic trends and operating problems of municipal government. Organizational and management practices as applied to the analysis, evaluation, development, Principles and practices of municipal government budget preparation and administration. Principles of personnel management including supervision, training and pertormance evaluation.  and implementation of programs, policies, and procedures.  Research and reporting methods, techniques and procedures.  Sources of information related to a broad range of municipal programs, services and  administration.  Pertinent federal, state and local laws, codes and regulations.  2    Ability to:  Provide effective leadership to and coordinate the activities of a municipal organization. Effectively administer a variety of City-wide programs and administrative activities. Identify and respond toj public and City Council issues and concerns.  Interpret and apply federal, state and local policies, procedures, laws and regulations. Analyze problems, identify alternative solutions, project consequences of proposed actions and  implement recommendations in support of goals.  Effectively and fairly negotiate appropriate solutions and contracts. Gain cooperation through discussion and persuasion. Select, supervise, train and evaluate assigned staff.  Prepare and administer a large municipal budget; allocate limited resources in a cost-effective manner, establish and administer effective financial controls for the management of City Evaluate and develop improvements in operations, procedures, policies, or methods. Prepare  revenues and resources.  clear and concise reports and develop appropriate recommendations. Communicate clearly and concisely, both orally and in writing.  Establish, maintain, and foster positive and harmonious working relationships with those  contacted in the course of work. MINIMUMOUALIFICATIONS:  Experience:  Seven years of experience in a local public agency in an administrative and managerial capacity involving the development and administration of organization-wide operations, policies and procedures, and the supervision of management level employees. At least one year as a City Manager, or three years at the level of Assistant/Deputy City Manager is highly desirable.  Education:  Bachelor's degree from an accredited college or university with major course work in public administration, business administration or closely related field. A master's degree is highly  desirable.  License or Certificate:  Possession of, or must obtain, an appropriate, valid driver's license.  3    Skill to: vehicle safely. Special requirements:  Operate modern office equipment including computer equipment and software. Operate a motor  Essential duties require the following physical skills and work environment: Ability to work in a standard office environment. Incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend  meetings.  4    ITEM  7E  Proclamation  Condemning Azerbaijan's Aggression, with the Support of Turkey, Against the Artsakh Republic and Urging the President and Congress of the United States to Recognize the Artsakh Republic as a Free and Independent Nation WHEREAS, the Artsakh Republic, a cradle of early Christianity, has been ani integral part of the WHEREAS, the. Artsakh Republic is a robust democracy, on the frontiers of faith and the front WHEREAS, the Artsakh Republic, having legally declared its independence and resisted years of Azerbaijani aggression, consistently holds parliamentary and presidential elections that have WHEREAS, civilians across the Artsakh Republic are under heavy artillery, rocket, aerial, drone, and ground attacks by Azerbaijan, with Turkish support and the active participation of foreign jihadists recruited from Syria and across the Middle East to eradicate one of the region's WHEREAS, the Artsakh Republic, which was one of three parties to the 1994 cease-fire that ended major military hostilities between Artsakh and Azerbaijan, remains committed toa negotiated, non-violent resolution through the Organization for Security and Cooperation in  Armenian homeland for thousands of years;  lines of global freedom;  been rated as free and fair by international observers;  last Christian lands;and  Europe's Minsk Group.  NOW, THEREFORE, BEIT RESOLVED that the City of Fowler: 1)Condemns attacks by Azerbaijan against civilians in the Artsakh Republic;  2). Affirms the right of Christians and all the citizens of the Artsakh Republic to practice their 3) Recognizes the right to sel-determination and independence of the Artsakh Republic as well asr respectfully urges the President and Congress of the United States of America to do the same.  faith in freedom and without fear of foreign aggression;and  David Cardenas, Mayor