FOWLER CITY COUNCIL MEETING AGENDA SEPTEMBER 15, 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 whlch suspends certaln 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 IIsted 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 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.fowlercily.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.    4. 5.  Communications: Staff Reports  A). Second Reading of Ordinance No. 2020-05, * An Ordinance of the City Council oft 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" B) City Manager's Report  COVID-19 Update: Great Plates Update and Restaurant Seating Area  Discussion  C) Public Works Director's Report D) Finance Department Report  Discussion/Drection on Cares Act Funding Allocation  E) Police Department Report F) 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. 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 = September 15 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 of the Fowler City Council  Accepting Tract 5834 Improvements"  8. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councimember Kazarian Councilmember Parra  2    Councilmember Rodriquez Closed Session:  9.  Pursuant to Government Code Section 54957 - Public Employee Performance  Evaluation - Title: City Manager  10.  Adjournment  Next Ordinance No. 2020-06  Next Resolution No. 2479  CERTIFICATION: 1 Corina Burrola, Deputy City Clerk of the City of Fowler, California, hereby certify that  the foregoinga agenda was posted for public review on Friday, September 11, 2020.  Onamiad  Corina Burrola Deputy City Clerk  3    ITEM  5A  ORDINANCE NO. 2020-05  AN ORDINANCE OF 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. THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION1. Sections 4-4.601 and 4-4.602 of Article 6 of Chapter 41 to Title 4 oft the Fowler  Municipal Code are hereby amended to read as follows:  Article 6-7 Truck Routes  +4o01-Sgn-Pacement and installation.  The Public Works Director is hereby authorized, subject to the approval of the Chiefof  Police, to place and install such signs as are required by the provisions oft this article.  4-4.602-1 Designated.  Any commercial vehicle exceeding a weight of 6,000 pounds, or exceeding a width of eighty-four (84) inches regardless of weight, shall use only the following streets of the City:  (a) Golden State Boulevard; (b) Temperance Avenue; and  (c) Manning Avenue through the City limits;  For the purposes of this section, commercial vehicle shall be as defined in Vehicle Code Section 260 and means a motor vehicle of a type required to be registered and used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. This section shall not apply where travel offofa designated street is necessary for the purposes ofloading or unloading passengers SECTION2. Ifany article, section, subsection, sentence, clause, or phrase of this ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each article, section, subsection, sentence, clause, and phrase hereof, irrespective oft the fact that one or more articles, sections, subsections, sentences, clauses, and SECTION3. The City Clerk is hereby directed to cause a summary oft this Ordinance to be published by one insertion in a newspaper of general circulation ini the community at least five (5)days prior to adoption, and again fifteen (15) days after its adoption. Ifa summary ofthe ordinance is published, then the City Clerk shall cause a certified copy oft the full text oft the  or property at a location which is not on a designated street.  phrases be declared invalid.    proposed ordinance to be posted in the office ofthe City Clerk at least five days prior to the Council meeting at which the ordinance is adopted ad again after the meeting at which the ordinance at which adopted and again after the meeting at which the ordinance is adopted. The SECTION4. This ordinance shall go into effect and be in full force and operation from and  summary shall be approved by the City Attorney. after thirty (30) days after its final passage and adoption.  The foregoing ordinance was introduced at a regular meeting of the City Council held on September 1, 2020, and was adopted at a regular meeting of said Council held on September 15,  2020, by the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  AWDOC50025000eron10783690D0C  2    ITEM  5B  "The Blossom Trail City"  DATE: TO: FROM:  9/11/20  Honorable Mayor and City Council Members Randy Uyeda - Finance Director  SUBJECT: Great Plates-I Information and Discussion Only  The City Manager asked me to prepare thei following summary of the Great Plates program for Council's BACKGROUND: FEMA is offering a Food Program known as the "Great Plates" for eligible seniors, food to be provided by local vendors and managed by the City. The program requirements and  review and discussion.  procedures are lengthy, but in genera!:  1. Just a few of the requirements, eligible Senior citizens must be at high risk or unable to provide for themselves, they must live alone or with another senior unable to provide for themselves. The 2. Three meals per day at a total cost of$ $66.00, must meet USDA Diet Requirements 3. The City advances the funds and receives reimbursement as follows: FEMA 75%, State 18.75%, and thel balance of 6.25% is the City's responsibility. 4. City can recover: administrative cost limited to 5% of program costs. 5. Submit a detailed weekly report with daily statistics. 6. Vendor prepares the food, all other parts of the program, including distribution, monitoring, administration, etc. is the responsibility oft the City. FISCAL IMPACT: FEMA must submit aj program renewal request every 30 days to al higher authority. No one is sure what happens ifthe renewal is denied and the City expends funds beyond the expiration date, since renewal is not immediate. The City will advance the costs oft the program which will vary depending on the number of participants. Sanger is currently the only City utilizing this program since its' inception in March. Sanger has been told there are 2 methods ofr reimbursements: Expedited - Receive 50% timely and the balance at some future date or Regular - 100% delayed until some future date. At this time Sanger has not received any reimbursement and has accepted the fact that reimbursement may not happen until next year. FEMA will also be auditing the program to ensure  City must CERTIFY their eligibility.  compliance with its' parameters.  128 South! Fifh Street + Fowler, CA 93625 * Voice: 559-834-3113+ Fax: 559-834-0185    GREAT PLATES DELMERED PROGRAM  CITYOF FOWLER  TO QUALIFY FOR THE GREAT PLATES PROGRAM,  APPLICANTS MUST BE:  Individuals must reside within the Fowler City limits.  Individuals who are 65 or older. Individuals 60-64. AND  0 Asymptomatic but is high-risk, as defined by the CDC; OR  Tested positive for COVID-19 (as documented by a state/local public health official or medical health professional) and does not require hospitalization but needs isolation or quarantine (including o Was exposed to COVID-19 (as documented by a statellocal public health official or medical health  those exiting from hospitals); OR  professional) and does not require hospitalization but needs isolation or quarantine. Individuals must live alone or with one other program-eligible adult. programs (such as SNAP or CalFresh, or Meals on Wheels). Participants must have an annual income within the following range:  H Participants must not be currently receiving assistance from other state or federal nutrition assistance  o$ $24,981 to $74,940 (single household) - $33,821 to $101,460 (two-person household)  Those who have an income BELOW $24,981 for a single household or BELOW $33,821 for a two- person household are not eligible for the program. However, they may be eligible for CalFresh benefits or other food and meal programs. Please call Cal Fresh at 855-832-8082 or 2-1-1 to learn about other 0 These income limits will be self-certified by the applicant, with spot checks from partner agencies.  resources.  N Must affirm an inability to prepare or obtain meals.  To Enroll in the Program cal 659834311,Cxt.136  1908    ITEM  5D  08  "The Blossom Trail City"  DATE: TO: FROM:  9/9/20  Honorable Mayor and City Council Members Randy Uyeda - Finance Director  SUBJECT: CARES First Funding - Information and Discussion  BACKGROUND: The Federal Government issued COVID financial assistance to the States to offset the fiscal impact oft the Covid-19 Virus. The State decided that only major metropolitan cities would receive ap portion of those funds. After lobbying efforts from the League of California Cities, the State agreed to distribute funds to all cities, the smallest distribution being $50,000. The City of Fowler's allocation is Initially the only expenditure fully authorized was Public Safety (Police, Fire, Ambulance) including but not limited to salaries, equipment, etc. Other areas were discussed but never fully defined such as food assistance programs. On Friday, Aug 28, California held a' Webinar that finally addressed these issues but still left many "open" areas. Ultimately it will come down to review and audit by the State. Itwas not until Monday, August 31*. that this was finally issued in writing (still open areas) and a website opened for reporting. The City never had the entire $79,688 at its' disposal 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. Further, none of the funds were used to offset the shortfall in City Sales Tax Revenues. FISCAL IMPACT: We have attached a report showing current and anticipated costs related to the $79,688. Please note that the report was due and filed September 4th. Toi insure we are complying and to give us the greatest amount of flexibility, Iindicated that most costs are yet "to come". Therefore,lcan The large amount in the March 20201 to. June 2021 projection was requested by the State in hopes of obtaining additional CARES funding. Itis a rough projection of anticipated expenditures through next year. Asl: stated in the past to Council, Stage la and Stage 2 no longer exist, it is now accepted that Covid RECOMMENDATION: Council review and discuss the attached projection and provide guidance in  $79,688, issued in 61 monthly installments that began July 31,2020.  adjust actual use in subsequent reports.  will run its course without any "breaks" through next year.  how the CARES funding will be utilized.  128 South Fifh Street * Fowler, CA 93625 + Voice: 559-834-3113+ Fax: 559-834-0185    4    ITEM  7A  6 6  1E    g0A  % 888 3888888883888888888888 8888 8888888 8888 000 66606660000006000G 0000 0000000 0000  -  00 NC 8R8888 88R 08888 888 888 888888 888    000d 008 o0 888 Am8N8M i  98888885  805  85 a Nn  tmm  38888888888888 888888888 888 8 8 888 8888888 d8 8 - 00 G0006006600000 000000000 000 o o 000 0000000 o o o  88R6 88888088  888888      8888 d8 0 u 8888889 R6O BRF  com 4 PORKE  090  8888 88888 8 8 888 8888888 888 8888888 8888 8 8  0000 o o 000 0000000 000 0000000 0000 o o  8888R 8RR 9999 89e  388888 80 888888 888 0 0    8888 d0 8888888888 8 8 8 d8 00 0 666666666G o o o o    888888888888888 8 8 doooododooododo o o    88888 3888888888888 8888888 888 888 8 8 8888 888 8 0000 G66660cc06000 0000000 000 000 o o 0000 000 o  VNNNN 000 00000 888888 80  NR 8R - 88 9 88 88  0    8888 888 8 d8 8 0000 000 o o o  999 888    888 8 8 8 000 o o o        ITEM  7B  MINUTES OF THE FOWLER CITY COUNCIL MEETING  SEPTEMBER 1, 2020  Mayor Cardenas called the meeting to order at 7:01 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra  Councilmembers Absent: Rodriquez  City StaffPresent:  City Manager/City Clerk Davis, City Attorney Cross, Police Chief Alcaraz, Finance Director Uyeda, Public Works Director Dominguez, City Engineer, Peters, Fire Chief Lopez, Deputy City  Clerk Burrola  PUBLIC PRESENTATIONS There were no public presentations. Wright Oil Company  Accept/Approve Donation for the New Fowler Fire Station in the Amount of $5,000 from City Manager Davis said the City received a letter from Humiyo Wright, Wright Oil Company, wanting to donate to the new Fowler Fire Station in the amount of $5,000 to honor the memory of her late father and former fire fighter, Donny Wright. Humiyo Wright joined via teleconference. The Council thanked Ms. Wright and the Wright family for the donation to the new: fire station. Councilmember Parra made a motion to accept the donation for the new Fowler Fire Station in the amount of $5,000 from Wright Oil Company, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain: None. Consider/Approve Request to Close City Street (A Portion of 4th Street at Merced Street) City Manager Davis said she received ai request from the Fowler Presbyterian Church to close offa portion of 4th Street from Merced Street to the end of their property at 115 N. 4+ to hold outdoor worship services due to social distancing and limited space. Public Works Director Dominguez said he spoke with Pastor Irwin; they would start blocking the road from 9:30 a.m. and remove the barricades at 11:30 a.m. on Sunday morning starting September 13, 2020. This would be at trial run to see how it goes. Mr. Dominguez said he had some concerns regarding noise but Pastor Irwin had contacted the surrounding neighbors and they don't have an issue with it. A discussion took place on being open to the possibility of other churches requesting street closures due to limited Councilmember Kazarian made a motion to approve request to close City Street, a portion of 4th Street at Merced Street, for Sunday Services, requested by the Fowler Presbyterian Church, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Cardenas,  Absent: Rodriquez.  Sunday Services - Fowler Presbyterian Church  spacing.  Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: Rodriquez.    COMMUNICATIONS  City Manager Davis said the new Fowler Fire Station is near completion. She invited the Council Ms. Davis provided the Council with sample renderings of monument plaques to choose from for the new Fire Station building which has the City's logo and Fire Departments logo. Fire Chief Lopez said the designation for the City's fire station engine company changed from number 48 to number 101. The number 48 designation company number was assigned to the City of Clovis. The City's Fire Department was the last city to change over and received the last  to schedule a date and time to tour the building the following week.  designation numbers. STAFF REPORTS  First Reading of Ordinance No. 2020-05  City Manager Davis said as discussed during the last Council meeting, with City Engineer Peters, it was recommended to eliminate several truck routes throughout the City. City Engineer Peters joined the meeting via teleconference. He said the elimination was discussed at the last meeting Councilmember Kazarian made a motion to waive the first reading and approve Ordinance No. 2020-05, "An Ordinance of the City Council oft 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 Mayor Pro Tem Hammer. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra. Noes: None. Abstain: None. Absent: Rodriquez.  and this ordinance will be put into effect ifapproved by the Council tonight.  Discussion - New Police Station Project  Police Chief Alcaraz said he has spoken with the City Manager, City Council and other community leaders on building a new police department and a location for this facility. Chief Alcaraz said the current department is too small and is in need of properly housing the police department in a facility that can accommodate a larger group of officers and support staff with modern equipment. He said effective law enforcement agencies evolve to meet the ever changing needs and demands of the community it serves. Unfortunately the current facility has become inadequate for actual departmental functions. He said he has been touring other cities newly built police stations and has been working with professionals to assist in designing the City's new police A discussion took place on several City owned locations and the possibility of building a multi- structural facility to budget costs. Chief Alcaraz said he has been looking into the possibility of building the new police station where the senior center is currently located. He said the area is appropriate in size and the surrounding area is non-residential and would accommodate the facility by space and structure. A discussion took place on the location oft the senior center and the Council expressed their agreement on further research on a design for placing the facility at this location. The Council agreed to have Chief Alcaraz get more information on the location and design of the  station, the only issue is finding a location.  project and to bring it back to the Council for further discussion.    City Manager's Report COVID-19 Update and Discussion  City Manager Davis provided an update on the current COVID-19 cases in the City; there are 220 total cases. 154 closed and 2 deaths, leaving 66 open cases remaining in the City. She said starting Monday, September 1, Fresno County allowed hair salons and barber shops to reopen at 25 Councilmember Kazarian said he wanted to discuss the Great Plates project. The Great Plates program provides three meals a day to seniors and provides essential economic stimulus to local restaurants struggling to stay afloat during the COVID crisis. The program reimburses approved restaurants for meals delivered to a target population of underserved home-bound seniors. He said he received a lot ofinterest from local restaurants. A discussion took place and the consensus of  percent capacity.  the Council was to bring it back for further discussion.  PUBLIC WORKS REPORT  Public Works Director Dominguez said he wanted to discuss and get direction from the Council on the energy conservation project. He said the Energy Conservation Act is available to the City for solar projects which involve AC units, street lighting, waste water treatment plants and well pumps. The maximum loan amount for this project is $3 million dollars at a rate of 1% for a 20 year loan. He said the funding source will come from the Energy Conservation Act under the California Energy Commission. He has met with several firms in finding a location, but being that the project total size came to about three acres; it's been a challenge finding a location that large. Mr. Dominguez said he would like to get direction from the Council to move forward with a Request for Qualification (RFQ) in order to get the project started. The consensus of the Council  was for Public Works Director Dominguez to move forward with and RFQ.  FINANCE DIRECTOR'S REPORT  Noi report was given.  POLICE DEPARTMENT REPORT No Report was given.  FIRE DEPARTMENT REPORT No report was given.  CITY ATTORNEY'S REPORT  City Attorney Cross said earlier this year the Fair Political Practices Commission (FPPC) changed the conflict ofinterest qualification requirements ofthe 500' foot rule which has been expanded to 1,000' feet. He: said another change from FPPC is the disqualification requirement.    CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - September 1, 2020, 2020; B) Approve Minutes of the City Council Meeting Special meeting and City Council Meeting August 18, 2020; C) Approve Proclamation to observe September 6, 2020 as Jaswant Singh Khalra Day; D) Adopt Resolution No. 2476, 6 A Resolution of the City Council of the City of Fowler Declaring Real Property Located at 127 South 6th Street to be Surplus Property and Directing the City Manager to Send Notices of Availability Pursuant to Government Code Section 54220, ET Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian,  SEQ"  Parra. Noes: None. Abstain: None. Absent: Rodriquez.  COMMITTEE REPORTS  Councilmember Kazarian said he is currently working on the Great Plates project with staff and He provided an update on the outdoor seating project. The first enclosure has been completed and iss still waiting for plants to be placed. He received a lot of positive comments on the project. He said the second enclosure placement is underway. Discussion arose regarding the second seating area phase. The consensus of the council is to postpone the additional second outdoor seating  the state.  enclosure and bring it back to the Council for further discussion.  ADJOURNMENT  Having no further business, Mayor Pro Tem Hammer made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 8:30 p.m.    ITEM  7C  RESOLUTION NO. 2477  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER IN THE MATTER OF APPROVING A CALPERS INDUSTRIAL DISABILITY RETIREMENT WHEREAS, the City of Fowler (hereinafter referred to as Agency) is a contracting WHEREAS, the California Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the California Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of  agency of the California Public Employees' Retirement System (CalPERS);  such Law;  WHEREAS, an application for industrial disability retirement of lower back from Christopher. J. Bergthold employed by the Agency in the position ofl Police Officer has been filed  with the CalPERs; And  WHEREAS, the City Council of the City of Fowler has reviewed the medical and other  evidence relevant to such alleged disability.  1)NOW, THEREFORE, BE IT RESOLVED:  That the City Council of the City of Fowler find and determine and it does hereby find and determine that Christopher J. Bergthold is incapacitated within the meaning oft the California Public Employees' Retirement Law for performance of his usual duties in the position of Police Officer for orthopedic injury (lower back injury) and does hereby certify under pénalty and perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process occurred before the member's separation from employment, all relevant personnel documents were forwarded to CalPERs for determination of the member's eligibility for disability retirement and CalPERS determination that the member is eligible to apply for disability retirement was obtained prior to starting the process of  determination.  2) Christopher J. Bergthold had filed a Workers' Compensation claim for his disabling 3) BE IT FURTHER RESOLVED THAT THE City Council of the City of Fowler find and determine and it does hereby find and determine that such disability is a result of injury  condition. The Workers' Compensation claim was accepted.  or disease arising out of and in the course of employment.  4) Neither said Christopher J. Bergthold nor the agency City of Fowler has applied to the Workers' Compensation Appeals Board for a determination pursuant to Government Code  section 2116 whether such disability industrial.  5) BE IT FURTHER RESOLVED that the member was, or will be, separated from his employment in the position of Police Officer after expiration of his rights under Section 21164,    Government Code, effective October 1, 2020 and that no dispute as to the expiration of such  leave rights is pending. His last day onj pay status is September 30, 2020.  6) There is not aj possibility oft third party liability. 7) Advanced Disability Pension Payment will not be made. 8) Thej primary disabling condition is orthopedic (back injury).  9) The duration of the disabling condition is expected to be permanent, or which is  certified by competent medical opinion.  David Cardenas, Mayor of the City ofFowler  ATTEST:  Jeannie Davis, City Clerk of the City of Fowler  I,Jeannie Davis, City Clerk oft the City of Fowler, do hereby certify that the foregoing Resolution was passed at meeting ofs said City Council held on September 15, 2020, by the  following vote: AYES: NOES: ABSTAIN: ABSENT:  Jeannie Davis, City Clerk of the City of Fowler    ITEM  7D  STAFF REPORT  TO:  MAYOR & CITY COUNCIL  FROM: DAVID PETERS, CITY ENGINEER DATE: SEPTEMBER9,: 2020  SUBJECT: ACCEPTANCE OF THE TRACT 5834 IMPROVEMENTS  CC:  DARIO DOMINGUEZ, PUBLIC WORKS DIRECTOR  REQUESTED ACTON/RECOMMERDATON  Adopt Resolution for Acceptance of public improvements related to Tract 5834 upon receipt of the maintenance bond required by the subdivision agreement and direct the City Engineer to file the notice of completion and release bonds associated with the  subdivision. DISCUSSION  The project was completed and constructed in accordance with the plans and specifications to the satisfaction of the City Engineer and the Public Works Director. The one year warranty period will begin upon the filing of the Notice of Completion City staff is prepared to accept the public improvements for the project, file the notice of completion for the project, release the performance and labor & material bonds upon receipt ofar maintenance bond, and begin the one-year warranty period.  which will follow the Council'sa acceptance of the project.    Recording requested by: City ofl Fowler When recorded, mail to: City of Fowler 128: S.1 Fifth Street Fowler, CA 93626  (Resolution of Acceptance - Tract Map 5834)  Exempt from Recording Fees-Govt. Code Sec. 27383]  CITY OF FOWLER RESOLUTION NO. 2020-2478  ARESOLUTION OF THE FOWLER CITY COUNCIL ACCEPTING TRACT 5834 IMPROVEMENTS  RECITALS  A. As approved by the City Council ("Council") ofthe City of Fowler ("City"), the Map ofTract No. 5834 ("Map") and the related Subdivision Agreement ("Agreement") with the "Developer" for said' Tract were Pursuant to the Agreement, various City fees were paid or secured; and separate "Security" was furnished to City for the construction, payment and warranty obligations relating to the Improvements" required in The Improvements have now been completed to the satisfaction ofthe Cityl Engineer who has recommended the Council accept those Improvements (except as otherwise set forth in this resolution), subject to retention, substitution and/or release of Security in accordance with the Agreement and the  executed and recorded; and  B.  conjunction with approval ofthe Map and/or by the Agreement; and  C.  remaining requirements of the Developer.  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER HEREBY FINDS, DETERMINES The City hereby accepts all Improvements related to the: subdivision tract. Nothing in this resolution otherwise modifies the rights, duties and obligations oft the parties set forth on or otherwise applicable to the Map or in the Agreement.  AND RESOLVES ASI FOLLOWS:  Dated: September 15, 2020  David Cardenas, Mayor ******  I,Jeannie Davis, City Clerk of the City of Fowler, do hereby certify and attest that the foregoing resolution was duly passed and adopted at ai regular meeting oft thel Fowler City Council held on September 1, 2020, by the following vote:  Ayes: Noes: Absent: Abstain:  Councilmembers: Councilmembers: Councilmembers: Councilmembers:  Dated: September 15, 2020  Jeannie Davis, City Clerk City of Fowler