FOWLER CITY COUNCIL MEETING AGENDA SEPTEMBER 1, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  This meeting will be conducted pursuant to the previsions of Paragraph 11 of the Governor's Executive Order N-25-20 whlch suspends certain requirements of the Ralph M. Brown Act, and as ar response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number listed below will provide access to the City Council meeting via teleconference. Please note: when joining the meeting you will be asked your name whlch will be used to Identify  you during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  It is requested that any member of the public attending while on the teleconference to have his/her/their phone set on' "mute" to ellmlnate 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  telephonlc participation.  the City's website aty 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 51 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 Councimember that the resolution or ordinance be read ini full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.  I    4. Accept/Approve Donation for the New Fowler Fire Station in the amount of $5000 -  Wright Oil Company  5. 6. 7.  Consider and Approve Request to Close City Street - Fowler Presbyterian Church  Sunday Services (A portion of 4th Street at Merced Street)  Communications Staff Reports  A). First Reading of 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"  B)  Discussion on New Police Station Project  C) City Manager's Report  COVID-19 Update and Discussion  D) Public Works Director's Report E) Finance Department Report Police Department Report G) Fire Department Report City Attorney's Report  F)  8. 9.  Consent Calendar - Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. If a Councimember 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 1, 2020 Council Meeting - August 18, 2020  B) Approve Minutes of the City Council Meeting Special Meeting and City C) Approve Proclamation to observe September 6, 2020 as Jaswant Singh  Khalra Day  2    D) Adopt Resolution 2476, "A Resolution of the City Council of the City of Fowler Declaring Real Property Located at 127 South 6"h Street to be Surplus Property and Directing the City Manager to Send Notices of Availability Pursuant to Government Code Section 54220, ET SEQ." Committee Reports (No action except where a specific report is on the agenda)  10.  Mayor Cardenas Mayor Pro Tem Hammer Councimember Kazarian Counciimember Parra Councilmember Rodriquez  11. Adjournment  Next Ordinance No. 2020-06  Next Resolution No. 2477  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, August 28, 2020.  CCrisa To  Corina Burrola Deputy City Clerk  3    ITEM  5  I  From: Paul Irwin maito-rwinprohotmail.com) Sent: Thursday, August 27, 20204:34PM  To: Dario Dominguez Dear Fowler City Council,  Subject: Request from Fowler Presbyterian Church for City Council meeting next Tuesday  We, the Session of Fowler Presbyterian Church, would like your approval to hold outdoor worship services on Sunday mornings at 10am starting on September 13th. We'll have to see We would like permission to block off 4th Street from Merced Street to the end of our property at 115 N. 4th. We would start the blocking at 9:30 am and remove it at 11:30. We would use a small sound system for al keyboard and a microphone for speech. We would expect approximately 40-50 attendees on lawn chairs, socially distanced, on the grass and into the The Church Elders will be present to monitor the social distancing and sanitation requirements Thank you for your consideration of this matter. Please feel free to contact Pastor Paul Irwin at  howi it goes to know how long we might want to continue with this.  street.  that are required by Fresno county.  rwinprohotmal.com or at 559-832-0859 for more information.  Sincerely,  Paul Irwin and the Session of Fowler Presbyterian Church    ITEM  7A  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 60 of Chapter 41 to Title 4 ofthe Fowler  Municipal Code are hereby amended to read as follows:  Article 6- Truck Routes  4-4.601-S Signs-F Placement 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 of 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 oft this section, commercial vehicle shall be as defined in Vehicle Code Section 260 and means a motor vehicle ofat 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 off ofa designated street is necessary for the purposes ofloading or unloading passengers SECTION2. Ifany article, section, subsection, sentence, clause, or phrase ofthis 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 ofthis Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption, and again fifteen (15) days after its adoption. Ifa summary oft the ordinance is published, then the City Clerk shall cause a certified copy ofthe full text of the  or property at al 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 oft the City Council held on September 1,2 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  AWDOCS00250001erd00783690.DOC  2    ORDINANCE NO. 2020-05  ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTIONS 4-4.601 AND 4-4.602 OF THE. MUNICIPAL CODE RELATING TO CHANGESINI 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 4 to' Title 4 of the Fowler  Municipal Code are hereby amended to read as follows:  Article 6-Truck Routes  4-401-Ssgns-Placment and installation.  The ChyswperinemdemPublic Works Director is hereby authorized, subject to the approval of the Chief of Police, to place and install such signs as are required by the provisions  of this article.  4-4.602-I 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:  8-AdAPs-Avewe: B-AFMegAVeNe: Avenue; (d) fFewler-Avenue: (e)-Freeway99; HAa  eH#-Streetretemisntersection-with-Vine: Sirette-sintenseetteRV#HAFFS  Golden State Boulevard;  (g) Seventh-StretfreHromHsinterseetio-with-Adams-Avensete-itsinterseetion-with (h) Steekten Streetrem-s-nterseetien-i#-Adams-Avenue-te-its-interseetion-With -WineSinefvmivinenastia-i.daen: State BomkyarteH#ASet: G-FaSashwmiiwends-taaialemkemie  PeachStreet; Seventh-Street;  sintersetien-witheuth-Avense:    (k) Mereed Street fomrimeetiAwiN: SemnerArenueieismeectowi#A  Gelden State Boulevard; () Seuth-Avente: Avenue; smh.  m-HaFFis-Avenuetrom-bs-interseetion-wih-F-StreHe-itsintersetion-with-Seuth  Temperance Avenue; and  0-PaFHeAventet PR-Freeway994015-merseeton- willTempemne-Avenwe: PI-SummerAvenwe-reomethe-meretion ofMereed SimvtlkeesChyai.  Tenth Sreetfrom-heintersenetiomwil-Fresme-Saretsowthtesheimterseetionof  hustwwhy 99 -and Eighth Street.  Fuelumme-StreetreeHe-the-north;  6S) Tuelumne Siretfrom-Freeway* 99t0-Eighth Street; f1) Wahwsanthhnewr 99t0-Eighth Street;  1019.  Manning Avenue through the City limits;  -SmAmonie-Dive: frem Gelden State Bwevanie-inyamlPlwe fw) Vimeyani-Phaee-fem-MamingAvense te SaAeR-PAverand (x) Maripesa Streetfrem Seventh Streette-Eighth Street.  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 off ofa designated street is necessary for the purposes ofl loading 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 of the fact that one or more articles, sections, subsections, sentences, clauses, and SECTION3. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption, and again fifteen (15) days after its adoption. Ifa summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text oft the proposed ordinance to be posted in the office oft the 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  or property at a location which is not on a designated street.  phrases be declared invalid.  2    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  lwdos10025000lord10783243.DOC  3    ITEM  9A  6 9    888 888 16 888RRN80 3229982223  888  mm  of 00 888 8 888 d0 88888888 8888888888 8 8 888 8888 888  o 000 o 00000000 0000000000 o o 000 0000 000  N 2 N 2 99    #88868F  8888888 8 8 0f of 0000000 o o  888  8888 d0 d8 888 d8 0000 o o 000 o    9088 LE 888 4088388844 8001 8KS  8888 8 888 8888888383 d0 8888888 8 d0 8 d0 8 d0 88888 8 0000 o 000 0000000000 o 0000000 o o 0 o 0 o 00000 o    o814 mr  0004  888888888 8888888 888 8 d8 8888888888 888 8 8 88888 66666ooco 0000000 000 o o 0000000000 000 o o 00000  298989  0888 doboooe  mmmmmm 00000000 Ammmmmmme    o 8888888888 88888888888 8 8 888888 8 8 d8 0f 0 0000000000 00000000000 o o 000000 o o o o 0  W    888  0  f 88888888888 8 d8 8888 8 888888888 888 00000000000 o o 0000 o 066660ooo 000  0000000 000000    1800980  88888888 8 d8 88888888 8 888 8888 8 88888 8 8 00000000 o o 00000000 o 000 0000 o 00000 o o    888 8 8 060 o o    888 8 8 000 o o    o0  0            8888 00 668 m cocor 00o  888  8888 8 888 8 d8 8888 d8 - 0 8888 0000 o 000 o o 0000 o  0  888 8 8 0  9    do d0 8888 8 d8 8 0 888 d8 0 8888 8 d0 8 00  o 0000 o o  0000 0 o o 0    1    00 00    888 8 8 8 000 o o o    ITEM  MINUTES  9B  OF THE FOWLER CITY COUNCIL AND FOWLER PLANNING COMMISSION SPECIALJOINT WORKSHOP AUGUST 18, 2020  Mayor Cardenas called the meeting to order at 6:00 p. m. Roll call was taken. There were no  public presentations. Councilmembers present: Councilmembers absent: Commissioners present: Commissioners absent: City staff present:  Cardenas, Hammer, Kazarian, Parra, Rodriquez  None  Fernandez, Kandarian, Mukai Mellon, Mejia  City Manager Davis, City Attorney Cross, Police Chief Alcaraz, City Planner Marple, Deputy City Clerk Burrola,  GENERAL PLAN UPDATE WORKSHOP  City Planner Marple and Sara Allinder, Senior Planner from Provost & Pritchard provided a PowerPoint presentation on the General Plan Update via Microsoft Teams and via teleconference. The workshop is to provide information to the Council and Commission of the purpose and objectives, and roles oft the Planning Commission and City Council and get the public to participate in the workshop as well. The City and consultants have reviewed policies in the General Plan for consistency with the community vision, supporting principles, recent legislative updates, and current community conditions. The results of this review along with an overview of new legislative requirements were presented. The City of Fowler adopted its first General Plan in 1976. The current plan, adopted in June 2004, runs through 2025 and includes land use, circulation, housing, and economic development. Since its adoption, the General Plan has been revised and amended but not comprehensively updated. Ms. Allinder provided information on the General Plan Policy Audit Report. This report is al key step towards updating the Fowler General Plan. Renee Emersion, Planner with Provost & Pritchard spoke on the recent legislative updates, Senate Bill 379.SB379 was passed in October 2015 in reaction to increasing evidence that global climate change will have lasting impacts on the health and well-being of communities around the world. Jurisdictions must incorporate climate adaptation into their safety element once a Local Hazard Mitigation Plan (LHMP) is adopted on or after January 1, 2017, or, if they do not have an adopted LHMP, the safety element must be undated before January 1, 2022. These updates must include goals, polices, and objectives to address climate resilience in response to likely climate change vulnerabilities. Morgan Wright, Planner with Provost & Pritchard provided a PowerPoint presentation on Environmental Justice which was mandated by Senate Bill 1000, also known as the Planning for Healthy Communities Act and was signed into law on September 24, 2016. The purpose of this law is to create healthier cities and counties by protecting sensitive land uses and prioritizing the needs of disadvantaged communities. Low-income communities and communities of color often bear a disproportionate burden of pollution and associated health risks. Environmental justice seeks to correct this inequity by reducing the pollution experienced by these communities and ensuring their input is considered in decisions that affect them. 'Environmental justice" is defined in California law as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. Mayor Cardenas opened the  discussion forj public comments    Susie Rico-Vasquez, Fowler resident, asked if the City is planning on having any water parks in the future. She addressed the west side of the City not having low income housing, no bus stops or Ms. Allinder said they are currently in the phase of updating the general plan, which includes the text and land use alternatives. She said in September 2020 they intend to have an open house (outdoors) workshop to invite the public on their feedback, and then bring it back to the Council in November 2020 to provide information and compare alternatives. Following that, it will be expected that next  carpooling facilities for those who are interested in carpooling.  year sometime in February 2021 to initiate the environmental review process.  ADJOURNMENT  Councilmember Rodriquez made a motion to adjourn, seconded by Councimember Parra. The  motion carried and the meeting was adjourned at 7:00 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  AUGUST 18, 2020  Mayor Cardenas called the meeting to order at 7:05 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, Public Works Director Dominguez, City Engineer, Peters,  City Planner Marple, Deputy City Clerk Burrola  PUBLIC PRESENTATIONS  Patric Jones, Fowler resident, asked ift the official ribbon cutting ceremony for the new fire station Charlene Holguin, Fresno County Economic Development Corporation, provided information on resources provided to businesses. Fresno County businesses can visit revivefresmocounty.com for all COVID-19 protocols necessary for their business. Revive Fresno County is an initiative to responsibly reopen local businesses while prioritizing the health and well-being of both consumers and employees. Businesses can provide feedback on state protocols on their feasibility, practicality and effectiveness and take aj pledge to show their customers their commitment to safety.  will be on hold until the pandemic is over.  COMMUNICATIONS  None.  STAFF REPORTS  CITY ENGINEER'S REPORT  Discussion - Utility Undergrounding Policy  City Engineer Peters said this item is to consider and provide staff direction regarding a proposed draft utility undergrounding policy. He said development projects approved in the City frequently issue "Conditions of Approval" as part of the entitlements on various projects. Frequently those conditions require the developer/applicant to adjust, modify, relocate or install new private electric and telecommunication utilities adjacent to proposed projects. The policy sets forth requirements for placing existing and proposed private utilities underground and generally scales the requirements to the size and nature of the development. Mr. Peters provided information on the draft policy in order to provide direction regarding necessary amendments to the policy and request the policy be brought back before the Council for reconsideration. Mr. Peters proceeded to read underground requirements for new facilities, rebuilds, replacements, and additions. The Public Works Director has the authority to review and make minor exceptions to the policies as part of encroachment permits. He suggested that the policy be placed on the City's website directly adjacent to the City's encroachment permit application for the public's view and understanding of the policy. A discussion took place and the Councils consensus is for the City Engineer to work with the City Attorney and direct the City Attorney to codify the policy in the Municipal Code for  approval by the City Council.    Discussion - Truck Routes Within the City  City Engineer Peters said this item is to discuss and provide staff direction regarding adjustments of truck route designations. There are currently twenty three designated truck routes in the Fowler Municipal Code. The purpose of the truck routes is 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. He said trucks traveling through the City are required to stay on the truck route unless it is necessary to travel on a non-designated local street for the purpose of making deliveries. Significant changes have occurred in the City since these truck routes were originally established. Staff has reviewed the existing truck routes and made preliminary findings for each route. Criteria used in the evaluation were as follows: Conditions and maintenance requirements ofroutes, compatibility with adjacent land uses, need for maintaining the routes, and safety. Mr. Peters said Golden State Boulevard, Manning, Adams, and Temperance Avenues would be identified as designated truck routes, the amount of truck traffic for these areas are appropriate and would not create maintenance issues. He said Merced Street is also a truck route, however: it bisects downtown. He said staff has been discussing removing Merced Street as a truck route; this will relieve congestion and enhance safety along this corridor. He said they are considering eliminating nineteen of the twenty three truck routes in the City including Adams Avenue. A discussion took place on the elimination of Adams Avenue due to the schools located in the area. The Councils direction is for the City Engineer to work with the City Attorney on making changes to the Municipal code on amending the changes of the truck route and bring it CONSIDERATION OF ITEMS PERTAINING TO PERMITTING TEMPORARY OUTDOOR BUSINESS OPEATIONS FOR RESTAURANTS, RETAIL, AND SERVICE -  back to the Council for consideration.  ORIENTED BUSINESSES Adoption of Resolution No. 2474  City Manager Davis said this item is being brought back to the Council for expanding the temporary use permit application, originally for the use of outdoor seating for restaurants and businesses downtown, and expanding as per a previous Council discussion for designating parking areas and other outdoor areas within the City. She said Resolution No. 2475 is also related to this item, and would establish temporary outdoor business operations. Fund assistance program for restaurants, businesses, and other service businesses in the City. City Attorney Cross said modifications have been made from Resolution No. 2470, approved by the Council in June, which allowed for the use ofs sidewalks and alleys for outdoor seating. This would expand it to more areas specifically identified as street parking area along Merced Street and also private common areas, such as private parking lots. In additions to the increased area this would also allow for increased business operations to be utilized within the area, rather than just outdoor seating it would be expanded to allow outdoor operations or outdoor services. This would allow for barber shops, hair salons, and other retailers to perform services outdoors. Councilmember Rodriquez asked if the temporary permit application only applies during the current event of the pandemic. Mr. Cross said if approved, all temporary permits shall automatically expire upon the lifting or expiration of the City's declared local emergency or March 1, 2021, whichever is later, unless Temporary Permit  No. 20-01 is earlier terminated by the City Council.    Councilmember Kazarian said if this program goes well and is well received would the Council be inf favor of allowing the option for permanent outdoor seating on the Merced Street corridor. City Attorney Cross said that once the permit expires it can be brought back to the Council for consideration. Councilmember Kazarian voiced the ability of enforcing the design standards, importantly in the Form-Based Code District (Merced Street) and that the design is consistent and the business owners are aware of certain design standards. City Attorney Cross said the requirements and procedures apply for all business establishments City wide. He said in connection with the temporary permit program, the City also desires to provide monetary assistance to business establishments that obtain a temporary permit and expend money on furniture, equipment and related items in order to locate seating or operate business activities and services outdoors. This program shall be funded from a $10,000 allocation from the City General fund, and covered, to the greatest extent available, by the City's allocation of 2020 Coronavirus Relief funds. Program funds will be distributed on a first come, first served basis until funding is exhausted or replenished with additional allocations approved by th City Council. The eligible business establishment will receive reimbursement from available program funds for eligible items purchased and used for outdoor seating or outdoor business operations and services. Reimbursement to a business establishment may not exceed five hundred dollars ($500.00). Councimember Rodriquez made a motion to approve Resolution No. 2474,  A Resolution of the City Council of the City of Fowler Approving a Temporary Use Permit to Assist Restaurants, Retail Businesses, and Service Businesses in the City to Conduct Outdoor Business Operations and Services in Public and Private Common Areas Under Specific Circumstances", seconded by Mayor Pro Tem Hammer. The motion carried by roll call vote: Ayes: Cardenas, Hammer,  Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  Adoption of Resolution No. 2475  City Manager Davis said this resolution provides the ability to assist businesses with expenses related to their outdoor operations due to COVID-19. The program shall be funded from a $10,000 allocation from the City's General Fund to be covered by the COVID relief fund. The program is available only to eligible business establishments who would have to meet certain requirements. Councilmember Kazarian said with the original proposal the City would be doing a cost share and in fairness with the outdoor seating program and the benefits received by certain restaurants on Merced Street, he not only proposed the reimbursement program for other restaurants but he also recommended a higher reimbursement amount of one- thousand dollars ($1,000). A discussion took place on the reimbursement amount for eligible restaurantybusineses: Councilmember Parra said that the application request for reimbursement must be received by the City no later than September 30, 2020 which will not be enough time to determine a set amount for reimbursement, if more funds are available than another amount can be provided depending on the amount of application requests. City Attorney Cross said provisions can be made to the amounts of allocations provided, depending on the level of interest, and any allocations that are left over depending on the amount of businesses participation. Councilmember Kazarian asked if the Council would be interested in aj proposed separate direct payment program open to any businesses in Fowler impacted by COVID-19. A discussion took place and the Councils consensus was to table the discussion and to place on the agenda for an upcoming meeting as a subsequent item.    Mayor Pro Tem Hammer made a motion to approve Resolution No. 2475, * A Resolution of the City Council of the City of Fowler Establishing a Temporary Outdoor Business Operations Assistance Program for Restaurants, Retail Businesses, and Service Businesses in the City", seconded by Councilmember Rodriquez. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  CITY MANAGER'S REPORT COVID-19 Update and Discussion  City Manager Davis said Raul Gonzales, Fresno County Department of Public Health was in attendance via teleconference to provide updated COVID information. Raul Gonzales provided an update on the current COVID cases in the City; there are 190 total cases, 116 clear/ closed, leaving a total of 74 open cases remaining in the City. Mr. Gonzales said for the month ofJuly, cases have exceeded due to person to person contact associated by social gatherings. He said they have  spoken and educated local businesses that indoor activities are not permitted.  Second Reading of Ordinance No. 2020-04  City Manager Davis said Ordinance No. 2020-04 is to implement a no smoking policy in all City Councilmember Parra made motion to waive the second reading and approve Ordinance No. 2020- 04, "An Ordinance of the City Council of the City of Fowler Adding Chapter 24 to Title 5 of the Fowler Municipal Code Prohibiting Smoking in City Facilities and Vehicles, Amending Sections 10-1.02 and 10-1.05 of the Municipal Code Prohibiting Smoking in City Parks, and Amending Certain Definitions in Section 5-20.03 of the Municipal Code Pertaining to the Tobacco Retailers' Regulations", ,seconded by Councimember Rodriquez. The motion carried by roll call vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  facilities, picnic shelter areas in any City Park and City operated vehicles.  PUBLIC WORKS REPORT  Public Works Director Dominguez said the new Gateway Meter was installed last week. The Gateway collects accurate metering data and can process meter readings simultaneously.  He said two fire hydrants have been replaced within the City.  Mr. Dominguez mentioned that the street sweeper is scheduled on the second and fourth Wednesday's oft the month. To ensure quick and quality street cleaning, please make sure the curb  in front of your property is clear. FINANCE DIRECTOR'S REPORT City's six month credit card use.  Finance Director Uyeda was not in attendance, he did provide the Council with a report of the    POLICE DEPARTMENT REPORT  Police Chief Alcaraz circulated a Fowler Police Department personnel contact list. The list will be available to the public for non-emergency calls and will be placed on the City's website.  FIRE DEPARTMENT REPORT No report was, given.  CITY ATTORNEY'S REPORT No report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - August 18, 2020; B) Approve Minutes of the City Council Meeting - July 21, 2020 and City Council Meeting August 4, 2020; C) Consider and Approve Agreement between the City of Fowler and the Fowler Chamber of Commerce- - Fiscal Year 2020-2021, and Authorize City Manager to Sign the Agreement Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Rodriquez. The motion carried by roll call vote: Ayes: Cardenas, Hammer,  Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Mayor Pro Tem Hammer said he spoke with Recreation/Senior Coordinator, Yvonne Hernandez. She is working on getting the Farmer's Market together but is unable to get enough fruit vendors to Councilmember Kazarian attended a South Kings Ground Water Sustainability meeting. They are making sure they have the capacity to receive allocations from CID. He said allocations will not be He said he met with Recreation/Senior Coordinator, Yvonne Hernandez on the coordination of the Great Plates program. The Great Plates program provides meals to seniors and supports local restaurants and other food provider/agnicultural workers who have closed or are struggling to  participate due to the extreme heat.  received for this year due to the drought.  remain open due to COVID-19. CLOSED SESSION  The meeting adjourned to a closed session at 9:18 p.m.:  Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 127 S. 6'h Street. Agency Negotiators: City Manager. Negotiating Party: Richard and  Lucinda Wadda. Under Negotiation: Priceand terms.    Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 127 S. 6th Street. Agency Negotiators: City Manager. Negotiating Party: Abdallah The Council reconvened into open session at 9:48 p.m. with no reportable action taken.  Qawadri. Under Negotiation: Price and terms.  ADJOURNMENT  Having no further business, Mayor Pro Tem Hammer made a motion, seconded by Councilmember Rodriquez to adjourn. The motion carried and the meeting adjourned at 9:48 p.m.    ITEM  9C  CITY OFFOWLER  PROCLAMATION  Jaswant Singh Khalra  WHEREAS, WHEREAS, WHEREAS,  Jaswant Singh Khalra was a strong advocate for the democratic and Jaswant Singh Khalra was a highly respected leader within the Sikh Jaswant Singh Khalra documented human rights abuse and fought for the dignity ofall that had their humanity trampled by the Indian Government; The City ofFowleri is proud ofits Sikh community and is home to broad service organizations such as the Gurudwara Gur Nanak Parkash of Fowler and the Jakara Movement that are committed to social justice for September 6th is a recognized by Sikhs and human rights supporters across the world as the date oft the kidnapping and murder of. Jaswant  human rights ofa all people; and community and beyond; and  and  WHEREAS,  all; and  WHEREAS,  Singh Khalra in 1995.  NOW THEREFORE, I, Mayor David Cardenas, by virtue of the authority vested in me as Mayor oft the City of Fowler, do hereby proclaim September 6th. 2020 as "Jaswant Singh Khalra  Day"  IN WITNESS WHEREOF, have hereunto set my hand and the official seal oft the City ofFowler  California  David Cardenas, Mayor    ITEM  9D  1908  TO: FROM:  Fowler City Council Jeannie Davis, City Manager Scott Cross, City Attorney  SUBJECT: Declare Property as Surplus Property  A) Adopt Resolution No. 2476 Declaring Real Property Located at 127 South 6th Street to be Surplus Property and Directing the City Manager to Send Notices ofA Availability Pursuant to Government Code section 54220, ets seq.  DATE:  September 1, 2020  ATTACHMENTS: Resolution No. 2476 Map of Property RECOMMENDATION  For the City Council to adopt Resolution No. 2476,aR Kalwafe-wCyGand Declaring Real Property Located at 127 South 6th Street to be Surplus Property and Directing the City ManagertoSend NoticesofAvalabliy, Pursuant toGovernmentCode  section 54220, et seq. DISCUSSION  The City has been approached about selling or leasing the former City Hall/Fire Station property located at 127 South 6th Street ("Property"). Pursuant to Government Code section 54220 et seq., the Cityi is required to take formal action inar regularpublic meeting declaring that the property is surplus and is not necessary for the City's use before disposing the property by sale or lease. This resolution makes that declaration: and directs the City Manager to take other actions required for the City to be able to dispose of the  Property.    Following approval oft this resolution, thenextstep.reguiredi by Government Codes section 54222, is to send a written notice to certain governmental and non-governmental entities that the Property is available. Legislative changes effective January 1, 2020, expanded the list ofe entities that must: receive notice, but Section 54222 still requires notices to be sent to designated entities for purposes of low- or moderate-income housing, parks/open space, school use, and infill development. Any entity receiving notice from the City has 60 days tor notify the City in writing of its interest in acquiring the Property. If the City receives noticeofinterest, the Cityi is then required to negotiate with the interested entity fora atl least Ifno interested entity responds to the City's notice within 60 days, or if no agreement is reached with an interested entity after the required negotiation period, the City is free to sell or lease the Property howeverand to whomeverit chooses. Anyproposed saled or lease agreement for the Property will have tol be approved by the City Council.  90 days.  REASONS FOR RECOMMENDATION  The Property is no longer needed by the City as a fire station and the City has no other immediate need or use for the Property. The City has been approached by parties interested in potentially purchasing or leasing Property. Adopting this resolution to declare the Property tol be surplus property and: sending ther guindnolisolawalally  are prerequisites before the Property can be sold or leased to anyone.  ACTIONS FOLLOWING APPROVAL  The City Manager will: sendi noticesofavailablity tot those entities required by Government Code section 54222. The Council will be kept informed of any response from interested  entities and negotiations that may occur.  2    RESOLUTION NO. 2476  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 SEQ. WHEREAS, the City of Fowler ("City") owns that certain real property located at 127 South 6th Street in the City of Fowler, County of Fresno, APN 343-172-08T ("Property"), which served as the Fowler City Hall and City Council Chambers decades ago, and most recently served  as the Fowler Fire Station; and  WHEREAS, with the completion ofai new fire station, the Property is no longer needed by the Fowler Fire Department as a fire station and the City has no other immediate need or use for  the Property; and  WHEREAS, pursuant to Government Code section 54220 et seq., the City desires to declare the Property to be surplus and satisfy the necessary steps sO that the Property may be  disposed by sale or lease; and  WHEREAS, following a declaration of surplus property the City is required to send notice of availability of the surplus property to designated entities as required by Government Code  section 54222; and  WHEREAS, it is in the best interests of the City to declare the Property to be surplus property pursuant to Government Code section 54221 and to begin the process to potentially NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES  dispose of the Property in accordance with applicable law.  AS FOLLOWS: 1. 2.  The City Council finds that the Property is not necessary for the City's use and hereby declares the Property to be surplus property pursuant to Government Code section 54221. The City Manager or designee is directed to prepare and send notices of availability in accordance with Government Code section 54222 to those entities identified in that section. 3. The City Manager or designee is authorized to take such other action and send such other notices as may be required or authorized by law, including but not limited to Government Code section 54220 et seq., which are necessary to satisfy any requirements sO that the Property may  subsequently be disposed ofby sale or lease tol be approved by the City Council.  1    The foregoing resolution oft the City of] Fowler was duly and regularly adopted by the City Council oft the City of Fowler at a regular meeting held on September 1,2020, by the following vote:  AYES: NAYS: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  ATTEST:  Jeannie Davis, City Clerk  file.l!-lwdocs100250.01yes0782824.DOCX  2    : IS  HIt S a de 13  08 5  4 % 9 U 2 a 3 5 1 C L 3) & N 3  -  &  00 .92  8 HIS S  IS  le <&e  ia; a  IS  HI9'S  e  a!8  1S  HLL 'S