FOWLER CITY COUNCIL AND FOWLER PUBLIC FINANCING AUTHORITY JOINT MEETING  AGENDA OCTOBER 6, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  Thls 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 aresponse to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number listed below will provide access to the City Council meeting via teleconference. Please note: when Joining the meeting you will be asked your name which will be used to Identify  you during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference to have his/her/thelr phone set on "mute" to elimlnate 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.fowlerciy.org. Meeting called to order Roll call  1. 2. 3. 4.  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.) Accept/Approve Donation for the New Fowler Fire Station in the amount of $5,000 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  - Fowler Packing Company  deemed waived by unanimous consent of the Council.  1    5. Public Hearing:  A) Public Hearing to Consider Zoning Text Amendment No. 20-01 to Amend Accessory Structure Standards and Allowed use Listings in the Fowler Zoning First 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  Ordinance  1)  the Fowler Municipal Code"  6. Presentation of the 2017-2018 Fiscal Year Audits - Corona, Faeth and Zakarian  A) Fowler Public Financing Authority  B) City of Fowler Communications Staff Reports  7. 8.  A) City Manager's Report  COVID-19 Update  B) Public Works Director's Report  Approval of Resolution No. 2479, 'A Resolution of the City Council of the City of Fowler to Ratify an Application for WATERSMART Water and Energy Efficiency Grants for Fiscal Year 2020 (BOR-DO-21-F001)  C) Finance Department Report D) Police Department Report E) Fire Department Report  9. City Attorney's Report  Approval of City Manager Employment Agreement  2    10. 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 Councilmember objects to an item, then it should be removed and acted upon as a  separate item.  A) Ratification of Warrants - October 6, 2020  B) Approve Minutes of the City Council Meeting - September 15, 2020 and City  Council Special Meeting - September 29, 2020  11. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councimember Kazarian Councilmember Parra Councilmember Rodriquez  12. 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 2, 2020.  Dorine To0  Corina Burrola Deputy City Clerk  3    ITEM  5A 1  CITY OFFOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT  TO: FROM: DATE: SUBJECT:  CilyofFowler Cily Council DawnE. Marple, Cily Planner October 6, 2020  Public Hearing to Consider Zoning Text Amendment No. 20-01 to Amend Accessory Structure Standards and Allowed Use Listingsi int thel Fowler Zoning Ordinance  . Recommendation the Fowler Zoning Ordinance as follows.  Staffrecommends that the City Council adopt Zoning Text Amendment 20-01, an amendment to  Section9-521.05-/ Accessory Buildings. Amend to clarify the permitted height of fireplace structures and the required setback of playground structures, fireplaces, and Section 9-5.715-R-1 Yard Requirements. Amend to clarify that 5-foot side- and rear-yard setback requirements for mechanical equipment do not apply to fireplaces, fixed pool Sections 9-5.1003 and 9.5.1005- - C-1 Permitted Uses. Amend to permit grocery stores under 10,000 square feet in area by-right and permitting grocery stores 10,000 square Section 9-5.1203 - C-3 Permitted Uses. Amend to permit grocery stores by-right. Section 9-5.1402- - M-1 Permitted Uses. Amend to permit automobile repair by-right. Section 9-5.1503 - M-2 Permitted Uses. Amend to clarify a grammatical error express that Section 9-5.1705 - Form-Based Code Permilted Uses. Amend to permit grocery stores limited to 1,500 square feet of sales area by-right, to permit variety stores limited to 1,500 square feet of sales area by-right, and to no longer permit markets by-right. The Planning Commission considered the matter at their regularly scheduled meeting on Seplember3.2020ondrecommended the City Councilo adopt Zoning Text Amendment 20-01. The Commission proposed removing "Market" from the listed uses in the form-based code area and The City of Fowler is undergoing a comprehensive Zoning Code Update. Prior to the completion and adoption of the comprenensive update, City Staff identified the benefit of clarifying certain standards and uses. City Staff recommends permitting grocery stores in the C-1, C-3, and Form- Based Code Zones to promote the development of such uses. Staff aiso 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  similar structures.  equipment, and similar structures.  feet in area or greater subject to a conditional use permit. agricultural uses are not permittedi in the M-2: zone.  amending the "Variety Store" listing to limit sales area to 1,500 square feet.  II. Background & Project Description  will clarify that agricultural uses are not permitted.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT Staff has identified the benefit of permitting certain accessory structures, such as fireplaces and playground equipment, to within 3 feet of the properly line in the side and rear yard. The recommended amendments to Sections 9-521.05and9-5715pemifsuchseboackrequirements. The proposed project must be reviewed for compliance with CEQA. Zoning Text Amendment No. 20-01 has been reviewed pursuant to the Califoria Environmental Qualify Act (CEQA) and has been determined to be exempt pursuant to CEQA Guidelines Section 15061(b)(3).  Califoria  STAFF REPORT  III. Environmental Review  IV. Attachments  A. Ordinance No. 2020-06    ORDINANCE NO. 2020- 06  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING CHAPTER 5 OF TITLE 9 SECTION 05TO ARTICLE21, 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  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) feet. Notwithstanding. A.. above, no fireplace. or similar structure as determined by the Director, shall BD. An accessory building may be located aregurededeyardaGRANFPaRdHHRe-rea-ORe-hid eFa-etsubgecHe-ne msomsdtD.isiowing ar minimum 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 a 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. no 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 cioser 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 a side property line adjoining the street than the SECTION2 Section 715 of Title 9, Chapter 5, and Article 7 of the Fowler Municipal Code is E. Any mechanical equipment, MaMdngapsesaNe diving boards, and orpools slides, 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 be similar by the Director.  hereby added to read as follows:  A. Retail and service establishments primarily to serve the immediate neighborhood:  23. Grocery stores under 10,000 square feet ina area;  234. Hardware stores; 245. Hobby supply stores; 256. Ice dispensers (coin-operated); 267. Locksmiths; 278. Newsstands and magazine stores; 289. Offices; 2930. Parking lots;  301. Pressing, altering, and repairing of wearing apparel; 342. Radio andi 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 feet in area;  401. Other uses added by the Commission according to the procedure set forth in this article; 412. Incidental and accessory structures and uses on 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 SECTION5 Section 1203 of Title 9, Chapter 5, and Article 12 of the Fowler Municipal Code is  automotive repair services; 145. Tobacco stores. hereby added to read as follows: A. Retail and service establishments: 21. Grocery stores: 242. Hatcheries;  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; 2930. Parcel delivery services; 301. Photographic and blueprint processing and printing; 342. Plumbing and 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; 356. Refrigeration sales and services; 367. Restaurants; 378. Service stations; 389. Sign shops;  3940. Stone and monument yards, retail; 401. Tire recapping and sales;    412. 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 of 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:  Facility compliance with applicable state and local standards and 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 b. The 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 not 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 Gasoline service stations, including dispensing of diesel and other fuels, and complete truck service;  in a consecutive twelve (12) month period;  shelter;  toe exceed four (4) per year); JK. Golf cart sales and service; KL. Hatcheries; LM. Ice and cold storage plant; MN. Laboratories, experimental and testing; NO. Machine shops;  HI. Frozen food processing, storage, and accessory sales;    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; UV. Stables and riding academies; WW. Stone monument works; *Z. Trucking terminals;  SI. Public utility service yards, electrical and gas transmission stations;  4AX. Tire recycling, rebuilding, recapping and retreading;  *Y. Transit and transportation equipment, storage space and yards, except freight classification yards;  ZAA. Warehouses and mini-storage uses. hereby added to read as follows: B. Heavy industrial and related uses including:  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 ofs sales area;  134. Hardware stores; 145. Health, fitness club; 156. Locksmiths; 17. Museum;  6L-MaFet-esshan:ROsaNS0.900)squarele: 19. Offices--Business, professional, service, medical;  18. Non-profit charitable institutions; 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 of sales area e8stnan1eP4RONSaRS40,000square  feet;  26. Video rentals and sales;    27. Other uses added by the Commission according to the procedure set forth in this article; 28. Incidental and accessory structures and uses on the same site as a permitted use.    ITEM  8B  08  STAFF REPORT  DATE: TO: FROM:  October 6, 2020  Honorable Mayor and City Councilmembers Dario Dominguez, Public Works Director  SUBJECT: WaterSMART Grant Program = Water Meter Improvement Project  RECOMMENDATION:  1. That City Council approves Resolution 2479 to participate and pursue grant funding for 2. That City Council authorizes the Public Works Director to submit a Water Meter Grant application through the WaterSMART Water and Efficiency Program to install Smart  the Meter Improvement Project and;  Meters. BACKGROUND:  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 acost 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. 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. In this case our only obligation with California Alliance and California Consulting is to  bid out the project which we were going to do regardless.  FISCALIMPACT:  The grant has a cost sharing requirement of approximately $624,000 which will be distributed  and phased in 51 fiscal years.    RESOLUTION NO. 2479  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER TO RATIFY AN APPLICATION FOR WATERSMART WATER AND ENERGY EFFICIENCY WHEREAS, the United States Bureau of Reclamation ("Reclamation") has announced a funding opportunity for WaterSMART (Sustain and Manage America's Resources for Tomorrow) Water and Energy Efficiency Grants for Fiscal Year 2021 (BOR-DO-21-F001) for projects that result in quantifiable water savings and support broader water reliability benefits WHEREAS, eligible projects include water conservation projects that result in quantifiable and sustained water savings or improved water management, such as installing end-user municipal water service meters, and grant funds will be distributed by Reclamation for approved projects that are capable of cost sharing fifty percent (50%) or more of the total project costs and meet WHEREAS, the City of Fowler ("City") has applied for Grant Funding to install new and upgraded "smart" water meters throughout the City ("Metering Improvement Project") that will update the City's water meters and reduce the costs associated with meter reading and other WHEREAS, certain documentation, assurances, and statements are required to be signed by an authorized City official during the Grant Funding process and Meter Improvement Program, NOW, THEREFORE, the City Council of the City of Fowler does hereby resolve as follows: 1. The City Council finds it to be in the best interest of the City to participate in the WaterSMART Grant Program and pursue Grant Funding for the Metering Improvement Project. The City Council has been informed of and provided an opportunity to review the City's application for the WaterSMART Water and Energy Efficiency Grants FY 2021 and hereby  GRANTS FOR FISCAL YEAR 2021 (BOR-DO-21-F00I)  ("Grant Funding"); and  other criteria; and  activities for City and users of City's water system; and  including a required authorizing resolution.  2.  ratifies, approves, and supports City'sapplication.  3. 4. 5.  The City is capable of providing the amount of funding match and/or in-kind Ifs selected for a WaterSMART Grant, the City will work with the Reclamation to meet If selected for a WaterSMART Grant, the City will pursue the Metering Improvement Project in accordance with applicable law, including but not limited to public bidding of public  contributions specified in the funding plan for the Metering Improvement Project.  established deadlines for entering into a grant agreement.  works projects for which grant funds are expended.  6.  The City Manager, or authorized designee, is authorized to approve and execute all necessary forms and documents on behalfoft the City of] Fowler to complete the grant application  and obtain Grant Funding.    7.  If the City is awarded Grant Funding, the grant agreement with Reclamation shall be  presented to the City Council for approval.  The foregoing resolution was adopted by the City Council of the City of Fowler, at a regular  meeting held on October 6, 2020, by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk    ITEM  9  CITY OF FOWLER (OCTOBER 2020)  CITY MANAGER EMPLOYMENT AGREEMENT  This City Manager Employment Agreement ("Agreement"): is entered into effective October 1, 2020, between the City of Fowler, a California general law city ("City"), and Jeannie Davis ("Davis") with respect the following recitals, which are a substantive part of this  Agreement:  RECITALS  A. Davis began serving as the interim City Manager in January 2017, and was appointed as the City Manager and has been serving as such since October 1,2017, pursuant to written  agreements between the City and Davis.  B. The City and Davis entered into a City of Fowler City Manager Agreement (October 2018) effective October 1, 2018, and expiring September 30, 2020 ("2018 Agreement"). C. In September 2020, before the end of the 2018 Agreement term, Davis notified the City D. The City Council and Davis mutually desire to enteri into a new agreement for Davis to continue in her position as City Manager until December 30, 2020, to allow the City time to select a new city manager to replace Davis, subject to the terms of this Agreement. NOW, THEREFORE, in exchange for the mutual consideration set forth herein, the parties agree  Council and announced her intent to retire on December 30, 2020.  as follows: I.  Term of Agreement. This Agreement shall be for a period beginning October 1, 2020, and ending on December 30, 2020, unless terminated earlier as provided herein or extended by Salary. Davis shall be placed at Step E of the City Manager position of the City's adopted salary schedule and shall be paid the applicable salary during the term of this Agreement. 3. Residency. Davis need not be a resident of the City of Fowler. Davis shall reside within  mutual written agreement of the City and Davis.  2.  no more than an average thirty (30) minute driving distance to Fowler.  4. 5.  Benefits. Davis shall receive those benefits established by the City's Benefits Resolution Vehicle Allowance. The City shall provide Davis with a monthly vehicle allowance of Five Hundred Dollars ($500.00) for use of a personal vehicle for conducting City business. Davis shall be solely responsible for all expenses to use, maintain, operate and insure the vehicle. No documentation is required in order to. receive this vehicle allowance and Davis Davis' receipt of this vehicle allowance shall be in lieu of any entitlement to mileage reimbursement except as follows: If Davis travels more than fifty (50) miles one way  for the position of City Manager.  shall have discretion regarding the expenditure of this allowance.    outside City limits for City business, Davis may request mileage reimbursement for all miles in excess of one hundred (100) miles under the IRS rate in effect at the time the expense is incurred, or alternatively Davis may use a designated City vehicle. This allowance is not considered additional compensation for the purposes of PERS, but shall be taxable according to applicable IRS and Franchise Tax Board regulations. Performance Evaluations. An evaluation of Davis's performance is not required during the term of this Agreement, but may be conducted as requested by Davis or the City Council. Failure to evaluate shall have no effect on the rights, duties, and obligations of the parties  6.  herein. Termination. a.  7.  Termination Without Cause. Davis is an at will employee serving at the pleasure of the Council. If Davis is able and willing to perform her duties as required by Chapter 5 ofTitle 2 of the Fowler Municipal Code and the Council decides to terminate Davis from the position of City Manager without cause (as defined below) and prior to expiration of this Agreement, Davis shall be entitled to severance compensation equal to Davis's salary for the balance of the term of this Termination for Cause. If Davis is terminated for cause, Davis shall not be entitled For Cause Defined. For cause shall mean any oft the following: (i) the refusal to follow the lawful directions of the Council; (ii) failure to substantially perform any of the required duties of the City Manager; (iii). repeated unexcused absences from the City Manager's office and duties; (iv) conviction of a felony; (v) conviction of amisdemeanor crime involving acts of moral turpitude; and (vi) willful misconduct Termination Defined. Termination shall mean removal from office, a request by the City Council that Davis resign, or a reduction in salary. Termination shall not mean the expiration of the term of this Agreement, a voluntary resignation or retirement by Davis during the term of this Agreement, or reduction of other benefits generally applicable to all City management employees. Other Entitlements. This Agreement is supplemental to other entitlements Davis may have under the City's Benefits Resolution and State law upon termination Relationship to Severance and Notice Provisions Under the Municipal Code. The benefits provided under this Section shall be in lieu of Section 2-5.06(b) ofthe Fowler Municipal Code, which sets forth severance 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 and 2-5.25 through 2-5.30 oft the Fowler Municipal Code which might otherwise require a sixty (60) days'  Agreement.  b. C.  to the benefits under this Section.  as defined in Section 2-5.30 of the Fowler Municipal Code.  d.  e. f.  from employment.  2    notice of removal, an opportunity for a hearing on the removal, and place a limit on Conviction of Crime Involving Abuse of Office. Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination shall be fully reimbursable to City if Davis is convicted of a crime  removal for sixty (60) days following an election.  g.  involving an abuse of her office.  8.  Notice of Voluntary Resignation. Should Davis desire to voluntarily resign or retire prior to the end of the term of this Agreement, she shall provide at least thirty (30) days' prior written notice to the City Council before the intended resignation or retirement date. Dispute Resolution. Any disputes over the interpretation or application of 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 or initiating litigation over the dispute. The parties shall mutually agree upon a mediator and share equally in the costs of 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. 10. Supplemental Agreement. Except as provided in Section 7.f. herein, this Agreement is supplemental to the provisions of Chapter 5 ofTitle 2 of the Fowler Municipal Code, the City's Benefits Resolution, and the City's salary schedule for the position of City Manager. The provisions of Chapter 5, the Benefits Resolution, and the salary schedule shall control over all aspects of the City Manager position not addressed by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on October 1,  9.  2020. JEANNIE DAVIS  CITY OF FOWLER  Jeannie Davis  David Cardenas, Mayor  Alwdos00250I0ugn10008463.DOCK  3    S    ITEM 10-A  6 $    8 cOMN 6809008 K 888888888 888 00f6mmo    8888880 880  88888 8888 88888888 8 888888888 888 88888888888888 o 000 0000 00000000 o 0000000oo 000 00000000000000  29099 88B u  INNNS 8888  0 60  8888888  800    388888888888 00000000000000000  888888888  88888888888888  8888888880008    8888 888  888888888888888888888888 8888 8 8888888888888 600000000600000000000000000000 0000 o 0000000000000  888    88888888888 emo  8888888888888 8 8 88888888888 300000000006 00000000000000000000000 o o 00000000000  08888    08888848  080 33335  ms E -  -  8888888888888 d8 d8 00 8888 d8 888 8 08 00 8 8 888 888 8 8 0000000000000 o o o 0000 o 000 o o 0 o o 000 000 o o  int AF  N 2 2  8 N 8 0 I 3  88S 999    nug  11117  00 00 888 08 d8 d8 d8 d8 888888 888 8 888888888888 888 8  o  o o o o o 000000 000 o doddcdoodcdd 000 o  88    oos a 888 00 88888 d0  3 3  LO  388888888888888 8 888 8 88888 8 8 8888888 8 8 000000000000000 o 000 o 00000 o o 0000000 o o  999999999999        888 d8 000 0    9  3888 00 0    E  ABE o  8888  888888888 3888888888 888  666666666666000 000  ANR So 999    A  888 0  888 00 d8 8888888 d8 8 8 d0 000 o o 0000000 o o o o    n  00    888 d0 000 o    888 f 0o o    ITEM 10 B  MINUTES OF THE FOWLER CITY COUNCIL MEETING  SEPTEMBER 15, 2020  Mayor Cardenas called the meeting to order at 7:00 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez  City Staff Present:  City Manager/City Clerk Davis, City Attorney Cross, Police Chief Alcaraz, Finance Director Uyeda, Public Works Director Dominguez, Peters, Fire Chief Lopez, Senior Coordinator  Hernandez, Deputy City Clerk Burrola  PUBLIC PRESENTATIONS  Patic Jones, Fowler resident, had a question as to why the City's fire department did not respond in Fire ChiefLopez responded to Mr. Jones' question. He said he denied the request due to the length of time the volunteer firefighters will need to attend due to them having full time jobs and other responsibilities. ChiefLopez said they are assisting in covering the remaining cities for fire calls.  assisting the current wild fire at Big Creek.  COMMUNICATIONS  None.  STAFF REPORTS  Second Reading of Ordinance No. 2020-05  City Manager Davis said this ordinance streamlines the City's truck routes to minimize widespread deterioration of the local road system as a result of heavy truck traffic and to minimize traffic hazards and nuisance factors on streets adjacent to schools, residential parcels, parks and other areas not particularly compatible with heavy truck traffic. The ordinance has been amended to eliminate nineteen oft the twenty three truck routes in the City including Adams Avenue. Councilmember Kazarian made a motion to waive the second reading and approve Ordinance No. 2020-05, "An Ordinance oft the City Council of the City of Fowler Amending Sections 4-4.601 and 4-4.602 of the Municipal Code Relating to Changes in Designated Truck Routes within the City of Fowler", seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  City Manager's Report  COVID-19 Update: Great Plates Update and Restaurant Seating Area Discussion City Manager Davis provided an update on the current COVID-19 cases in the City; there are 231 total cases, 216 closed and 2 deaths, leaving 15 open cases remaining in the City.    She said Finance Director Uyeda and Senior Coordinator, Yvonne Hernandez will be providing an update on the Great Plates Program. Finance Director Uyeda said FEMA is offering a food program known as the "Great Plates' for cligible seniors' food to be provided by local vendors" and managed by the City. Mr. Uyeda said the program requirements and procedures are lengthy. In order to be eligible, senior citizens must be at high risk or unable to provide for themselves. Three meals are provided per day at a total cost of $66.00; the City advances the funds and receives reimbursement as follows: FEMA 75%, State 18.75%, and the balance of 6.25% are the City's responsibility. He said the City of Sanger is currently the only city utilizing this program since March 2020. At this time the City of Sanger has not yet received any reimbursement and has accepted the fact that reimbursement may not happen until next year. Councilmember Kazarian asked how many participants the City currently has. He said he was provided with about 12t to 15 Senior Coordinator Hernandez, joined via teleconference and said the City is currently serving forty seniors. Out of the forty, there are seven plus the two Councilmember Kazarian provided totaling to nine seniors that would qualify for the Great Plates program. Ms. Hernandez said the program has requirements in order to qualify and the City must certify their eligibility. Councilmember Kazarian expressed that he would like to move forward with the current total of seniors to participate in the program and add more participants as the program continues month to month. Councilmember Parra suggested continuing to talk to the restaurant owners and see if other restaurants would like to participate. A discussion took place on the participating restaurants and the guidelines to participate. The consensus oft the Council is to direct staff to move forward in the  participants during the last meeting.  participation ofthe program. Restaurant Seating Area Discussion  City Manager Davis said during the last meeting, Council agreed to postpone the additional second seating area and bring it back to the Council for further discussion. Councilmember Kazarian addressed the chain of events that transpired during that last meeting. A discussion arose on whether or not the restaurant owners were in favor of the second seating enclosure. Mayor Cardenas said during the last mecting it was agreed to postpone the second seating enclosure in  order to see ift there was enough funds in the budget.  PUBLIC WORKS REPORT  Public Works Director Dominguez said he is preparing a State Water meter grant opportunity to present for the next Council meeting. He said the water meters will be replaced if the grant is approved. This will eliminate issues that are currently happening with the water meters and inconsistent billing cycles. Mr. Dominguez stated that he is making sure that this issue is a priority  and he is working on correcting it. FINANCE DIRECTOR'S REPORT  Discussion/Direction on Cares Act Funding Allocation  Finance Director Uyeda said the Federal Government issued COVID financial assistance to the States to offset the fiscal impact of the Covid-19 virus. The State decided that only major metropolitan cities would receive aj portion of the funds. He said the City of Fowler's allocation is  $79,688 this is issued in 6 monthly installments that began July 31, ,2020.    Initially the only expenditure that was fully authorized was Public Safety. He said the City had not received the full $79,688 and the City was in limbo on what the State would approve. Instead the City decided to advance some funding in hopes that said expenditures would meet State expectations or be covered by the still to be distributed CDBG CARES funding. He said none of the funds were used to offset the shortfall in City Sales Tax Revenues. Mr. Uyeda attached a report showing current and anticipated costs related to the $79,688. He said the March 2020 to June 2021 projection was requested by the State in hopes of obtaining additional CARES funding. Councilmember Kazarian said if the second area seating enclosure has already been allocated in the report plus what the Chamber of Commerce contributed this would cover the costs for the second enclosure, he expressed that the City can now move forward with the enclosure. Mayor Cardenas thanked Mr. Uyeda for providing the information and expressed the importunacy on where the funds are being distributed. A discussion took place on the current and anticipated costs related to the allotment amount funded. The consensus of the Council is to move forward with the second outdoor seating enclosure and to utilize the CARES funding allotments provided.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz said he is sending available officers to the Big Creek fire to assist with law  enforcement services.  FIRE DEPARTMENT REPORT  Fire ChiefLopez provided information on year to date call statistics.  He provided additional information on the current situation regarding the Big Creek fire.  CITY ATTORNEY'S REPORT No report was given. CONSENTCALENDAR  The consent calendar consisted of: A) Ratification of Warrants September 15, 2020, 2020; B) Approve Minutes of the City Council Meeting September 1, 2020; C) Adoption of Resolution No. 2477, "A Resolution of the City Council of the City of Fowler in the Matter of Approving A CalPERS Industrial Disability Retirement"; D) Adoption of Resolution No. 2478, "A Resolution Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Rodriquez. The motion carried by roll call vote: Ayes: Cardenas, Hammer,  of the Fowler City Council Accepting Tract 5834 Improvements"  Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS No reports were given.    The meeting adjourned to a closed session at 8:22 p.m.  CLOSED SESSION City Manager  Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Title: The Council reconvened into open session at 8:41 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Councilmember Parra made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 8:42 p.m.    MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING SEPTEMBER 29, 2020  Mayor Cardenas called the meeting to order at 6:04 p. m. Roll call was taken.  Councilmembers Present: Hammer, Kazarian, Kazarian, Rodriquez. Via teleconference: Parra.  City Staff Present: PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  City Manager Davis, City Attorney Cross  The meeting was adjourned to a closed session at 6:08 p.m. to discuss:  Pursuant to Government Code Section 54957-1 Public Employee Performance Evaluation Pursuant to Government Code Section 54957.6- Conference with Labor Negotiator  Title: City Manager  Agency designated representative: City Attorney Scott G. Cross  Unrepresented Employee: City Manager  Pursuant to Government Code Section 54957. - Public Employee ApolntmenvEmployment Pursuant to Government Code Section 54956.9(d)(1)- Conference with Legal Counsel = Existing Litigation City of Fowler V. The Dow Chemical Co. etal. San Francisco Superior  Title: City Manager  Court Case No. CGC-1 18-567967  The meeting reconvened to open session at 6:49 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 6:50 p.m.