1908 AGENDA JANUARY 21, 2020 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  FOWLER CITY COUNCIL MEETING  In compliance with the Americans with Disabilities Act, if you need special assistance to access the Council Chambers or to otherwise participate at this meeting, including auxiliary aids or services, please contact City Clerk Jeannie Davis at (559) 834-3113 ext. 302. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council 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  meeting. The City of Fowler is an equal opportunity provider and employer.  the City's website at www.fowlercitvy.org. Meeting called to order  1. 2. 3. 4. 5.  Flag Salute and Pledge of Allegiance  Invocation Roll call  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. Swearing In: Police Officer Vincent Jimenez  6. 7.  Communications    8.  Staff Reports  A) City Engineer's Report  1)  Approve Reimbursement Agreement with Fowler Business and Professional Park, LLC Related to Infrastructure Improvements Associated with Parcel Map 16-01 and Authorize the City Manager to Execute the Agreement on Behalf of the City of Fowler.  B) City Manager's Report  1) Approve Purchase and Sale Agreement - Property: 119 S. 6th Street,  Fowler, California  C) Public Works Director's Report D) Finance Department Report Police Department Report F) Fire Department Report City Attorney's Report  E)  9. 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 - January 21, 2020  B) Approve Minutes of the City Council Meeting - January 7, 2020  C) Consider Approving Staff's Recommendation to Reject Claim - Jose Luis  Perez & Rosa Marcial-Perez, Claimant, VS. City of Fowler D) Approve Budget Amendment for City Hall Roof Maintenance  E) Accept and Adopt the TCP Feasibility Report by Provost & Pritchard  Consulting Group dated January 15, 2020  11. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro Tem Hammer Councimember Kazarian Councimember Parra Councimember Rodriquez  2    12. Adjournment  Next Ordinance No. 2020-01  Next Resolution No. 2459  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, January 17, 2020.  Cowu bvd  Corina Burrola Deputy City Clerk  3    ITEM  8A-1  AGREEMENT FORI REIMBURSEMENT Fowler Business and Professional Park, LLC  PARCEL: MAP 16-01  THIS AGREEMENT FOR REIMBURSEMENT ("Agreement") is made and entered into effective on January 21, 2020 ("Effective Date") by and between the CITY OF FOWLER,a municipal corporation, hereinafter referred to as CITY, and FOWLER BUSINESS AND PROFESSIONAL PARK, LLC, a California limited liability company, hereinafter referred to  as DEVELOPER, based on the following recitals, terms and conditions.  RECITALS  1.  DEVELOPER has constructed and installed reimbursable improvements associated with Parcel Map 16-01 int the City of Fowler, County of Fresno, California and as described in Exhibit' "A" which is attached hereto and made aj part hereof( (collectively "Improvements"). 2. As conditions of approval for Parcel Map 16-01, the DEVELOPER is required to  construct and install the Improvements. The parties hereby mutually agree as: follows:  AGREEMENT  1. The Improvements, in part, benefit other lands identified in Exhibit "B" within the CITY by providing various public services to those lands (collectively "Benefited Lands"). Developer is entitled to receive reimbursement for the construction and installation of the Improvements, pursuant to the calculations identified in Exhibit "A", in the total amount of  0692A9Ckemhunement Amount").  2.  DEVELOPER warrants and represents it has incurred costs and expended moneys for the construction and installation of the Improvements and the Improvements have been dedicated to the City or the Selma-Fowler-Fowler Consolidated Sanitation District ("SKF"), (ifi required), and accepted by the City or SKF, as applicable, and will be maintained by the  City or SKF, as applicable.  3.  CITY agrees to collect various facility fees, development fees and other fees established by the City or SKF as the Benefited Lands develop and maintain same in separate CITY accounts fori reimbursement purposes, such fees may be used, all or in part, to reimburse DEVELOPER for the Improvements in accordance with the procedure establish in this  Agreement ("Reimbursement Accounts").  1    4. Each year, during the term oft this Agreement, the CITY will identify in the annual fee resolution adopted by the Fowler City Council, the amount of funds available, if any, in the Reimbursement Accounts for reimbursement under all existing CITY reimbursement agreements. On or before September 1st of each year during the term of this Agreement, the CITY will reimburse DEVELOPER its share of the funds available in the Reimbursement 5. The term of this Agreement shall be for a period not exceeding ten (10) years, commencing on the Effective Date set forth above and terminating on either the date upon which DEVELOPER has received the total Reimbursement Amount or January 21, 2030, whichever is earlier. However, the term of this Agreement and the rights and obligations of the parties hereunder shall automatically extend for two (2) years if DEVBLOPER has not been reimbursed at least ninety percent (90%) of the total Reimbursement Amount within the initial ten year term of this Agreement. Such extended term is not a guarantee that any funds will be available in any Reimbursement Accounts to make reimbursement payments to DEVBLOPER during the extended term. Upon expiration of the term oft this Agreement, and except as otherwise set forth in this Agreement, the rights and obligations of the parties, including the CITY's obligation of reimbursement, shall automatically terminate, even though the total amount of the Reimbursement Amount may not have been reimbursed to  Accounts.  DEVELOPER. 6.  This Agreement is solely for the purpose of identifying the reimbursement procedure between the parties for reimbursement of the Reimbursement Amount as set forth in this Agreement and CITY assumes no liability or responsibility with regard to the construction or installation oft the improvements or any easements or deeds associated therewith. telephone number oft the proper recipient oft the Reimbursement Amounts.  7. 8.  Iti is the responsibility of DEVELOPER to provide CITY with the name, address and DEVELOPER agrees to indemnify, defend and hold the CITY, its elective and appointive officers, agents and employees harmless for any action, proceeding, loss, costs, claims or damages in any way related to CITY's reimbursement of the Reimbursement Amount to DEVELOPER under this Agreement. The provisions of this Section 8 shall survive 9. The CITY's obligation to reimburse the Reimbursement Amount as provided in this Agreement is expressly limited to DEVELOPER's share of the amount of funds available, if  the termination ofthis Agreement.  any, in the Reimbursement, Accounts during the term oft this. Agreement.  2    10. DEVBLOPER agrees that no interest will be paid by CITY to DEVELOPER on the 11. This Agreement supersedes any and all other agreements, either oral ori in writing, between the parties hereto with respect to the matters set forth herein and contains all of the 12. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assigned by DEVBLOPER without the express written consent ofCITY. 13. No change, amendment or modification of this Agreement shall be valid unless the same 14. This Agreement shall be construed and governed pursuant to the laws of the State of  Reimbursement Amount.  covenants and agreements between the parties regarding said matters.  bei in writing ands signed bythe parties hereto.  California.  IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective on the  day and year set forth above.  FOWLER BUSINESS. AND PROFESSIONAL By: Valley Children's Hospital, a California nonprofit public benefit corporation, Member By: Michele R. Waldron, Senior Vice President and Chief Financial Officer Mwln  CITY OF FOWLER  PARK, LLC  By.  Jeannie Davis, City Manager APPROVED ASTO CONTENT: David Peters, City Engineer APPROVED ASTOI FORM: Scott G. Cross, City Attorney  AWDOCS002300GVAC0070512DOCX  3    5 E 4  1 1  1 1  1 5 11 5    LANDS BENEFITING FROM IMPROVEMENTS IDENTIFIED IN SCHEDULE A OF EXHIBIT "A" LANDS BENEFITING FROM IMPROVEMENTS  E5AA  EA IDENTIFIED IN SCHEDULES B C&DOF  LM  EXHIBIT "A"  GO-DENA STATE, BMD  3TH  9TH ST,  STATE ROUTE 99  SCALE:  Pafeitnginearing Group    ITEM  8B-1  AGREEMENT FOR PURCHASE AND SALE  OF REAL PROPERTY ANDJOINT ESCROW INSTRUCTIONS  (119S. 6th Street)  This Agreement for Purchase and Sale ofReal Property and Joint Escrow Instructions  ("Agreement") is entered effective on  2020, by and between the City of] Fowler, a  California general law city and municipal corporation ("Buyer") and  (hereinafter collectively the "Seller"), with respect to the following Recitals, which are a substantive  part ofthis Agreement:  RECITALS  A. Seller is the fee owner of a parcel ofr real property consisting of approximately 11,550 square feet, and improved with an approximately 3,139 square foort building formerly used as ai medical clinic, at 119S. 6th Street ini the City of] Fowler, County of Fresno, Assessor's! Parcel Number 343- B. Seller desires to sell the real property, and Buyer desires toj purchase the real property given its C. Buyer and Seller have agreed to Buyer's purchase oft the real property by means oft this Agreement and the recordation ofa grant deed conveying the real property to Buyer.  172-09, as legally described in Exhibit A. proximity to City Hall and potential public use.  NOWTHEREFORE, in consideration of the mutual covenants herein contained, and for other  good and valuable consideration, Buyer and Seller agree as follows:  AGREEMENT  1. The Property. Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Seller, subject to the terms and conditions set forth herein, that certain real property located at 119 South 6th Street, ini the City of Fowler, County of Fresno, California, Fresno County Assessor's Parcel No. 343-172-09 as more particularly described in Exhibit "A" attached hereto and incorporated herein, along with all improvements thereon and easements, licenses, and interests appurtenant thereto, and all entitlements owned or held by Seller in connection therewith (hereinafter 2. Purchase Price. The total purchase price to be paid by Buyer for the Property shall be Three Hundred Twenty Thousand Dollars ($320,000.00) (the "Purchase Price"). As provided herein, Buyer shall pay the Purchase Price by depositing funds into the escrow ini time to meet the Title Company's  the "Property").  requirements forimmediately available funds at close ofe escrow.  3. Escrow.  A. Opening of Escrow. Following execution of this Agreement, the parties shall open an escrow with Chicago Title Insurance Company, 1140 F Street, Ste. 103, Reedley, CA 93654 ("Title Company" or "Escrow Agent") by depositing a fully executed copy of this Agreement. This Agreement, when signed by both parties and deposited with the Title Company, will be the joint escrow instructions. Buyer and Seller must sign any other form instructions required by Title    Company that are not inconsistent with the terms ofthis Agreement.  B. Title Report. Escrow. Agent shall deliver to Buyer, with a copy to Seller, as standard preliminary title report ("Title Report") together withl legible copies ofall documents underlying the exceptions ("Exceptions") set forth in the Title Report, within five (5) business days  after Escrow is opened.  C. Due Diligence Period. Buyer shall have twenty (20) days following the opening of Escrow to conduct due diligence oft the Property ("Due Diligence Period"). During the Due Diligence Period, Buyer may do the following, which shall be considered part of Buyer's.conditions precedent  to closing:  (1) Approve or waive, in writing, any covenants, conditions, or restrictions that affect title to the Property. The following shall be deemed to not affect title: property interests held by aj public body or public bodies, including without limitation easements, franchises, licenses, or other property interests of the public body or public bodies, on the Property and/or within the public rights-of-way around the perimeter of the Property, to the extent not materially affecting the use oft the Property; the lien of any non-delinquent property taxes and assessments (to be prorated at Close ofl Escrow); and any incidental easements or other matters affecting title which are approved by Buyer during the Due Diligence Period. Seller shall provide to Buyer within five (5) days of Escrow opening copies ofany known non-recorded document in its possession or reasonable control pertaining to development, use and ownership  oft the Property.  (2) Approve or waive, in writing, any soils reports, including hazardous waste reports, and engineering data, ALTA and/or land surveys and maps pertaining to the Property, whether provided by Seller or obtained by Buyer. Seller shall provide tol Buyer within five (5) days ofEscrow opening copies ofany existing environmental reports reasonably available or already in Seller's possession, including any topographical survey, environmental reports, soils  and geotechnical reports.  (3) Have a right, along with its agents and contractors, to enter upon the Property at any reasonable time to make such inspections, surveys and tests ofthe Property as may be necessary or desirable in Buyer's judgment. Buyer shall use care and consideration in connection with any such inspection and testing and shall hold harmless and indemnify Seller from any and all claims, damages, costs, losses and expenses (including reasonable attorneys' fees) arising out ofor resulting from such entry and/or activities upon the Property.  (4) Have ai right, along with its agents and contractors, to enter upon the Property, and all buildings and areas, for the purposes ofinspecting any building and areas to determine D. Condition ofTitle. All matters contained in the Title Documents that are approved or deemed approved by Buyer at the expiration ofthe Due Diligence Period, shall be deemed "Permitted Exceptions." Seller shall convey title to the Property to Buyer in fee simple title, free and clear ofa all title defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse interest of record or known to Seller, excepting only those Permitted Exceptions or such other encumbrancesor  compliance with applicable codes and laws.  conditions that do not affect use or enjoyment oft the Property.  2    E. Closing Date. Escrow shall close on or before thirty (30) days after the opening of Escrow ("Close ofEscrow"), unless otherwise mutually extended in writing by the parties.  F. follows:  Escrow Closing Costs. The costs associated with this transaction shall be paid as (1) Buyer shall pay the cost of obtaining a standard form CLTA (California Land Title Association) title insurance policy covering the Property for the Purchase Price ("Title Policy") issued by the Title Company as the "Title Insurer," and the cost ofa an ALTA title  insurance policy upgrade, if desired.  (2) The Title Company's fees shall be split equally between Buyer and Seller. All other standard closing costs and prorations will be divided between the Buyer and Seller  pursuant to the local custom in Fresno County.  (3) Buyer is exempt (and takes responsibility from the Seller) from certain charges such as recording fees and documentary transfer taxes pursuant to Section 27383 oft the  Government Code.  (4) Real property taxes prorated to the Close of Escrow shall be paid by Seller at the Close of Escrow. Buyer, as a public agency, is not obligated toj pay property taxes. Assessments or other charges with respect to the Property shall be prorated between Seller and G. Brokers Fees and Commissions. Seller and Buyer represent and acknowledge that no other agreements exist with any third parties that have been involved ini the procurement or negotiation oft this Agreement and that no other parties ori individuals are entitled to ai real estate  Buyer based on a thirty (30) day month.  commission in connection with this purchase and sale herein.  H. Seller's Conditions of Closing. Seller's obligation to proceed with Escrow closing is subject to the fulfillment or waiver by Seller of each oft the conditions precedent described below ("Seller Conditions Precedent"), which are solely for the benefit of Seller, and which shall be fulfilled  or waived by the time periods provided for herein:  (1) Prior to the Close of Escrow, Buyer shall not be in material default in any ofits obligations under the terms oft this Agreement, and all representations and warranties of Buyer  contained herein shall be true and correct in all material respects.  (2) Buyer shall have executed any documents required hereunder, and delivered (3) Buyer shall have deposited in Escrow Buyer's share ofany Escrow fees or (4) Buyer shall have deposited in Escrow a Certificate of Acceptance meeting the requirements ofCalifornia Government Code section 27281, and in a form approved by Buyer  such documents into Escrow.  costs.  and acceptable to the Fresno County Recorder's Office.  3    I.  Buyer's Conditions ofClosing. Buyer's obligation to proceed with Escrow closing is  subject to the fulfillment or waiver by Buyer ofe each oft the conditions precedent described below ("Buyer Conditions Precedent"), which are solely for the benefit of Buyer, and which shall be fulfilled  orv waived by the time periods provided for herein:  (1) Buyer has approved or waived, in writing, all reviews, testing, inspections and other matters eligible to be reviewed or conducted during the Due Diligence Period. (2) Prior to the Close of Escrow, Seller shall not be in material default in any ofits obligations under the terms oft this Agreement, and all: representations and warranties ofthe  Seller contained herein shall be true and correct in all material respects.  (3) Seller shall have executed the Grant Deed and any other documents required (4) Seller shall have deposited in Escrow Seller's share of escrow fees or costs and (5) Escrow Officer is prepared to provide tol Buyer the requested title insurance  hereunder, and delivered such documents into Escrow.  prorated property taxes.  policies upon the Close of Escrow.  J.  Closing Procedure. Escrow Agent shall close Escrow as follows:  (1) When both the Buyer's Conditions Precedent and Seller's Conditions Precedent have been fulfilled or waived by Buyer and Seller, respectively, Escrow Agent shall deliver and record the Grant Deed with the Certificate of Acceptance with instructions for the Fresno County Recorder's Office to deliver the recorded Grant Deed to Buyer. (2) Deliver the policy oft title insurance to Buyer and a copy to Seller. (3) Pay and charge Buyer and Seller, respectively, for any Escrow fees, charges, (4) File and deliver any informational reports, forms, statements, and certificates as (5) Forward to both Seller and Buyer a separate closing statement ofall funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into Escrow, with: such recording and filing date and information K. Termination. IfEscrow is not in condition to close by the Closing Date, then either party which has fully performed under this Agreement may, in writing, demand termination of Escrow. Ifeither party makes a written demand for termination of Escrow, Escrow shall not terminate until thirty (30) days after Escrow Agent shall have delivered copies ofsuch demand to the other party at the address shown ini this Agreement. Ifany objections are raised within that thirty (30) day period, Escrow Agent is authorized to hold all money, papers, and documents until instructed by mutual written instructions oft the parties or court order. Upon termination, Escrow Agent shall return all money, papers and documents deposited in Escrow to the respective depositing party. Termination of  costs, and prorated taxes payable as provided in this Section 3.  required by federal, state or local law.  endorsed thereon.  4    the Escrow shall be without prejudice as to whatever legal rights either party may have. against the other arising from this Agreement. Ifno termination demand is made, Escrow Agent shall proceed  with closing the Escrow as soon as possible. Representations and Warranties. A. Seller's Representations.  4.  (1) To Seller's knowledge, neither Seller nor any other person or entity has used, generated, manufactured, stored or disposed ofon, under, or about the Property or transported to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials ("Hazardous Substances") in violation of any law. For the purpose oft this Agreement, Hazardous Substances include, without limitation, oil, natural gas or other petroleum or hydrocarbon substances; substances defined as hazardous substances, "hazardous materials,' , "toxic substances," "hazardous wastes," "extremely hazardous wastes" or "restricted hazardous wastes" or stated to be known to cause cancer or reproductive toxicity under the Comprehensive Environmental Response, Compensation and Liability Act of1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1317, et seq.; the California Hazardous Substance Act, Health and Safety Code sections 28740, et seq-; the California Hazardous Waste Control Act, Health and Safety Code sections 25100, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code sections 24249.5, et seq.; the Porter-Cologne Water Quality Act, Water Code sections 1300, et seq.; or any substances SO defined or stated in any of the regulations adopted and publications promulgated under said laws.  (2) To Seller's knowledge, there is no pending or threatened litigation affecting the (3) This Agreement and all other documents delivered by Seller to Buyer now or prior to Escrow closing are true and correct in all material respects, have been or will be duly executed and delivered by Seller and are legal, valid, and binding obligations of Seller, are enforceable in accordance with their respective terms, and do not violate any provision ofany  Property.  agreement to which Seller is a party.  (4) Seller is not the subject of bankruptcy or other insolvency proceedings. (5) Seller is not aware of any contingency or fact that would affect the ability to  sell the Property.  B. Buyer's Representations.  (1) Buyer is a duly organized municipal corporation under California law and has the authority to enter into this Agreement. This agreement has been approved by Buyer's governing body and the signatory is authorized to execute this Agreement and bind the Buyer.  5    (2) This Agreement and all other documents delivered by Buyer to Seller now or prior to Escrow closing are true and correct in all material respects, have been or will be duly executed and delivered by Buyer and are legal, valid, and binding obligations of Buyer, are enforceable in accordance with their respective terms, and do not violate any provision ofany  agreement to which Buyerisaparty.  (3) Buyer is not the subject ofbankruptcy or other insolvency proceedings.  5.  Miscellaneous.  A. Entire Agreement, Waivers, and Amendments. This Agreement (together with the Exhibits identified herein and incorporated by this reference) is the entire agreement between Seller and Buyer regarding the purchase and sale oft the Property, and supersedes all prior discussions, negotiations, commitments or understandings, written or oral between the parties with respect to the subject matter herein. All waivers oft the provisions oft this Agreement must bei in writing and signed by the appropriate authorities of the party tol be charged. Any amendment or modification to this  Agreement must be in writing and executed by both parties.  B. Counterpart Copies. The. Agreement may be signed in counterpart or duplicate originals, and any signed counterpart or duplicate original shall be equivalent to a signed original for  all purposes.  C. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any D. Binding on Heirs. This Agreement shall be binding upon the parties hereto and their E. Agreement Survives Close of Escrow. All obligations referred to or required to be performed at at time or times after Escrow closing, whether specifically referred to as surviving Escrow closing or not, and all representation and warranties contained herein which are intended to  rights upon any party not a signatory to this Agreement.  respective heirs, representatives, transferees, successors, and assigns.  bind the parties after vesting oft title in Buyer shall survive Escrow closing.  F  Severability. Ifany provision in this Agreement is held by a court of competent  jurisdiction to be invalid, void, or unentorceable, the remaining provisions will nevertheless continue  in full force without being impaired ori invalidated in any way.  G. Interpretation: Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto, and shall be construed in accordance with the laws  of the State of California.  H. Time is of the Essence. Time is of the essence in this Agreement and each provision hereof. Although time is oft the essence in this Agreement, this provision will not cause an automatic forfeiture and will be construed in accordance with traditional principles sofequity.  I.  Rights and Remedies are Cumulative. Except as may be otherwise expressly stated in  this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more ofits right or remedies shall not preclude the exercise by it, at the same time or at  6    different times, ofany other rights or remedies for the same default or any other default by another  party.  J.  Cooperation. Buyer and Seller acknowledge that it may be necessary to execute  documents other than those specifically referred to herein in order to complete the transaction and/or to accomplish the objectives and requirements that are set out in this Agreement. Buyer and Seller agree to cooperate with each other by executing such other documents or taking such other actions as may be reasonably necessary to complete this transaction in accordance with the intent oft the parties  as evidenced in this Agreement.  K. Notices. All notices and other communications required or permitted under this Agreement shall be in writing and duly given on the date of service, ifs served personally on the person to receive the notice, or delivered by depositing the notice or communication in the U. S. mail, postage prepaid, and addressed to the relevant party at the address set forth below.  To Seller:  To Buyer: Jeannie Davis  City Manager City of Fowler 128 S. 5th Street Fowler, CA 93625  WHEREFORE, Buyer and Seller have executed this Agreement as of the Effective Date set  forth above. SELLER By: Print Name: By: Print Name:  BUYER  CITY OF FOWLER, a California general law city and municipal corporation  By:  Jeannie Davis, City Manager  ATTEST: By:  Corina Burrola, Deputy City Clerk  APPROVED ASTOLEGAL FORM: Scott G. Cross, City Attorney  By:  Alwdo100250.00lvg:0706624.DOC  7    EXHIBIT"*A" (TOBEATTACHED)  8    ITEM 10A  6    8880  888  4  888888888 888 88888 888 888 8 0 00 d0 888 08 8888888888  000000000 000 00000 000 000 o  0 000 o 0006000000  n    8888888888 88880000 0000000000 0000000000    8888 8 0000 o  888888 8 888 e o 0 60 000000 o 000 o  888 000  885    8888888 38888888888888 8 d0 88888 0000000 0000000000000000000000 o o o 00000  de 008    60 8888 d8 888 0 88888888888888 8 8 0000 o o o o 00000000000000 o o        888 00 d0 0 000 o   8888 8 00 00 d0 d0 0 5 0000 o o  8888 8 0000 o  o  l9 88  Ha CD    8888 888 8 8 0000 000 o o  998  LE iu  R    8888 8 8 0000 o o    9  8888 8 d8 8 0000 o o 0    00    ITEM 10B  MINUTES OF THE FOWLER CITY COUNCIL MEETING  JANUARY 7,2020  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, Public Works Director Dominguez, City Engineer Peters,  Fire ChiefLopez, Deputy City Clerk Burrola  The Flag Salute and Pledge of Allegiance were followed by a moment ofs silence and reflection.  PUBLIC PRESENTATIONS There were no public presentations. PUBLIC HEARING  To Consider Supplemental Action Related to the Sunnyside-South Southwest Reorganization City Attorney Cross said this is al housekeeping item related to the RJ Hill Tract No. 5952. On May 7, 2019 the City Council took several actions to approve a proposal from RJ Hill to subdivide, prezone, and initiate annexation of lands associated with Vesting Tentative Tract Map No. 5952 which LAFCo's approval is required. Resolution No. 2429 requests that Fresno LAFCO undertake proceedings for the Sunnyside South Southwest Reorganization which consists of annexation to the City of Fowler and the Selma-Kingsburg Fowler County Sanitation District (SKF) and detachment from the Consolidated Irrigation District and the Fresno County Fire Protection District. Upon annexation from the City, the land must also detach from the Kings River Conservation District (KRCD) which staff inadvertently omitted from the resolution. In order to move the project forward, the City must request that LAFCO detach the project site from KRCD. The attached resolution will serve as a supplement to Resolution No. 2429. and will be submitted to The Mayor opened the duly noticed public hearing on the matter at 7:06 p.m. The public hearing Councilmember Kazarian made a motion to adopt Resolution No. 2456, 4 A Supplemental Resolution Before the City Council of the City of Fowler County of Fresno, State of California Requesting that the Local Agency Formation Commission Undertake Proceedings for the Sunnyside-South Southwest Reorganization", seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Parra, Rodriquez. Noes: None.  LAFCO with the application process.  closed at 7:07 p.m.  Abstain: None. Absent: None.  PRESENTATION: VOTER'S CHOICE ACT UPDATE  Brandi Orth, County Clerk/Registrar of Voters, shared information about the Voters Choice Act., which Fresno County Elections is in the process of converting to. Voters will have more days, more ways to vote. The conversion will be effective beginning with the March 2020 election. All registered voters will automatically receive Vote-by-Mail ballots. Vote Centers and drop boxes will be located in every incorporated City and ballots can be dropped off at any Vote Center.    Vote Centers will be open for 4 days and ten Vote Centers will be open for 11 days, including weekends. The Fresno County Fowler Library will be designated as a Vote Center and will be open for four days, and a drop box will be placed in front of the City Hall building. Ms. Orth said they are actively using social media platforms to communicate with voters. Additional information Mayor Pro-Tem Hammer made a motion to Approve Resolution No. 2457, "A Resolution of the City Council of the City of Fowler, California, in Support of the Voter's Choice Act", seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian,  is provided on the website at www.votefresnocounty.com.  Parra, Rodriquez. Noes: None. Abstain: None. Absent: None. PRESENTATION: FOWLER MPROVEMENT ASSOCIATION  Shelly Cooper and Jan Kinney, FIA members, gave a brief historical background on the FIA building. She said the building was built in 1910; the building is in need of repairs. They are currently in the process of applying for a grant to restore the building. Architects and structural engineers have looked at the building; the building currently has a swamp cooler causing roof damage, among other repairs that need attention. Dr. Arambula and Senator Anna Caballero are planning a visit to see the building. It was suggested the FIA members look into online funding  sites.  COMMUNINCATIONS  City Manager Davis said Council has been invited to attend the 32nd Annual Blossom Trail Ceremony, Friday, February 7, 2020 at 10:00 a.m. in Orange Cove. The Council received an  invitation to the City of San. Joaquin's Centennial Gala in February.  STAFF REPORTS CITY ENGINNER'S REPOT  City Engineer Peters said he is currently working on submitting application grants for various projects, one of which is putting in a right hand turn lane at Merced and 7th Street to prevent congestion of traffic. He said he also submitted grant applications for several road maintenance Mr. Peters provided an update on the completion of the new fire station; there were some delays, Councilmember Kazarian asked Mr. Peters if he looked into costs for restoring the City's water tower. Mr. Peters said he did look into the costs the cost estimated from $125,000 to $150,000. 1 He  projects. He said the design for the Panzak park restrooms is underway.  but completion is scheduled for mid tol late February.  recommended structural support in addition to the wrapping.  CITY MANAGER'S REPORT  City Manager Davis said the Planning Commission will be having a special public hearing, Thursday, January 9, 2020, to consider approval of Conditional Use Permit Application for the  Buford Travel Center.    She said the City's Planning department is working on an item for possibly the January 21St  Council meeting on new housing laws. PUBLIC WORKS REPORT  Public Works Director Dominguez said the fencing has been completed and the sign is ready for the dog park at Donny Wright Park. They are currently waiting for the contractor to supply the Mr. Dominguez said many potholes have formed on the streets due to the recent storms. They have been patching potholes along Golden State Boulevard and Manning Avenue and will continue throughout the City. He said minor sidewalk repairs have been performed on Merced Street near the Presbyterian Church. The four-way signal light for Adams and Merced Avenue has been Councimember Kazarian asked if the sidewalk that was repaired in front of the Presbyterian Church was City labor or City funded. Mr. Dominguez said it was an in house budget repair. Councimember Kazarian said there are sidewalks in the City needing repairs, he said he would like a sidewalk policy for cost sharing and having consistency throughout the City for sidewalk  trees.  ordered and will be installed later this month.  repairs.  FINANCE DIRECTOR'S REPORT  Police Chief Alcaraz said he was notified by Finance Director Uyeda that he contacted auctioneers  tol have a look at the items left in the Grange Hall and the Church.  POLICE DEPARTMENT REPORT  Police Chief Alcaraz said the City recently experienced a homicide involving three victims; the He said a Public Safety Forum is scheduled for Thursday, January 30, 2020 at 6:00 p.m. in the Fowler City Hall Council Chambers; discussion will be on public safety infrastructure, crime  suspect was identified and is currently in custody.  prevention technologies and strategies, and community enhancement.  FIRE DEPARTMENT REPORT  Fire ChiefLopez circulated the Emergency Call Report for the month ofl November.  CITY ATTORNEY'S REPORT No report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - January 7, 2020; B) Approve Minutes of the City Council Meeting - December 3, 2019; C) Consider Approving Staff's Recommendation to Reject Late Claim Application = Jennie Klapperich, Claimant, VS. City of Fowler; C) Approve Resolution No. 2458, "A Resolution oft the City Council of the City of Fowler  Approving Development and Planning Fees for 2020"    Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer,  Kazarian, Parra, Rodriquez. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS Spring Fest will be April 18, 2020.  Mayor Pro-Tem Hammer said the Easter Egg Hunt is scheduled for Thursday, April 2, 2020; Councilmember Kazarian said the GSP passed; they are in the second phase and are working  closely to identify different ground water recharge basin locations.  CLOSED SESSION  The meeting adjourned to a closed session at 8:23 p.m.:  City Attorney Cross said item No. 3 will not be discussed in closed session.  1. Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 130 S. 6th Street. Agency Negotiators: City Manager. Negotiating 2. Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiators: Property: 119 S. 6th Street. Agency Negotiators: City Manager. Negotiating Party: Alex Sheriffs and Joan Rubinstein. Under Negotiation: Price. terms. 3. Pursuant to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation Name of Case: City of Fowler V. The Dow Chemical Co. et al. San  Party: United Health Centers. Under Negotiation: Price, terms.  Francisco Superior Court Case No. CGC -1 18-567967  Mayor Cardenas left the closed session at 8:30 p.m. due to a conflict ofinterest due to owning The Council reconvened into open session at 8:33 p.m. with no reportable action taken.  property near the subject of closed session item No. 1.  ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 8:34 p.m.    Omailed Suzanrw  133-19 CITY OF FOWLER 1285.57H STREET FOWLER, CA 93625 CLAIM: FORM FORMB (Please Type Or Print) (Name of Entity),  Manuol Dario  ITEM 10C SOEAVE DEC 23 2019 BY:  CC: Janne, (559)834-3113 ($59,834-0185FAX  CLAIMAGAINST SS#: Claimantsaddress:,  Claimant's name:_ Jose Luis Perez Gndlo 20sa marcaal-1 Perlz  DOB: A-  Gender: Male V Female  Address where notices about claima aret tot be sent, ifdifferent from above: Date ofincident/accident, Decomber 13209  Datei injuries,. damages, or losses were discovered:. Decombey 13 2019  san Dr.  Location ofincident/accident: Goldonsale 3lvd- Behweon Sen sPengrond Antonit Whato did entity ore employee do to cause thisl loss, damage, ori injury? NO dumuged hoad Sign,potboles  Unglled For along distance,  (Usel back oft thisf form ors separaté sheet ifnecessary to answer this question ind detail.)  What are the names oft the entity's employees who caused thisi injury, damage, or loss (ifknown)?  Whats specific injuries, damages, or losses did claimant receive? Damcge to Rims Crentandbact)  ond ires, clamacyed Gighmenralse, Lackonpiniem  form &  sheet separate ifnecessaryt to  answert this  damagecl  (Use backofthist  question in detail.).  What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of jurisdiction. Note: IfSuperior and Municipal Courts are consolidated, you must represent whether itisa a' "limited civil case" [see  Government Code910(D)] 2p00-2100  How was this amount calculated (please itemize)? Tre and wheel Shups fromwhere.- Rims and tes weve purchaged eshmayes Iquotes.  (Use back oft thisf form or separate sheeti ifn necessaryt toa answer this question in detail.)  (eshmaichaed)  Date Signed: 12/3/19 Ifsigned by representative:  Signature: Rul  Representative's) Name Telephone# Relationship to Claimant  Address    ITEM 10D  STAFF REPORT  DATE: TO: FROM:  1/16/20  Honorable Mayor and City Councilmembers Randy Uyeda, Finance Director  SUBJECT: City Hall RoofMaintenance - Budget Amendment  BACKGROUND: Heavy rains over the last 2 years along with harsh weather conditions has taken its' toll on the roofover City Hall. Public Works has noticed "bubbles" int the roof which will eventually lead  to leakage.  FISCAL IMPACT: $6,900 - see attached quote  RECOMMENDATION: The General Fund has been in the positive for both FY 2017a and FY 2018 and has sufficient reserves, although I do not think it is necessary to draw on said reserves. Therefore,I recommend Council approve this budget amendment to repair the City Hall roofand evaluate the need for  further repairs in the next fiscal budget year.    Universal Coatingsme  The Urethane Company  January" 16, 2020 Dariol Dominguez City of Fowler 128 South Fifth Street Fowler, CA 93625 Dear Mr. Dominguez,  lam pleased to provide you with ap proposal to repair the existing polyurethane foam roof at Fowler Cityl Halll located  in Fowler CA. Our scope of work willi include thei following:  Clean and prepare thes surfaces around the repairs as necessary.  Rooftop equipment nott tor receive the repair material will be neatly masked to protecti itf from overspray. Delaminated, cracked, and damaged polyurethane foam will! be removed down tot the substrate. Spray apply ap primer at the rate of. 5 gallons pers square as necessaryt to promote adhesion oft ther new Spray-apply new polyurethane foam to the removed areas to match the surround roof height. Spray apply two coats ofe energy star rated, title 24 compliant, elastomeric protective coating ata ar rate of1 1.5 gallons per 100s square feett to areast that received ther newi foam repairs. Broadcast ceramic roofing granules intot thef final coat. Thel lumps sum pricet top perform this worki is $6,900.00 and includes all labor; material, equipment, and Terms of sale are net 30 days upon completion. This proposal is valid for ap period of 30 days. Option: Recoat the entire roof to provide a 15-year warranty... Additional 12,700.00.... Please initial here_ Ify you choose tol havel Universal Coatings, Inc. perform this work, please sign the acceptance line below andi fax or e-  SPF.  taxes. Prevailing wage.  mail back as soon as possible so that we may accommodate you.  Signature ofA Acceptance hearing fromy you. Sincerely,  Date  Thank you for allowing Universal Coatings, Inc. to provide you with pricingf for your roofing needs. Wel lookt forward to  UNIVERGA/COATH6S.NC. AC7 Mike Walton President  P.O. Box 11127-Fresno, CA93771 wwwunveratotingsnet  Tel: (559): 233-6300 Fax: (559): 233-6200: Toll Free: (877)233-6300    ITEM 10E  STAFF REPORT  TO: FROM: DATE:  MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER  SUBJECT: TCP FEASIBILITY REPORT  JANUARY 16, 2020  REQUESTED ACTION: Group dated. January 15, 2020. DRCISIONRNECAMERDATON  Accept and adopt the TCP Feasibility Report prepared by Provost & Pritchard Consulting  In August 2009, the California Office of Environmental Health Hazard Assessment (OEHHA) established a California Public Health Goal (PHG) for TCP of 0.0007 ug/L (0.7 parts per trillion) based on carcinogenicity. The State Water Resources Control Board (Water Board) on July 18, 2017, adopted a regulation establishing a maximum contaminant level (MCL) for 3inchloropropane (TCP) of 5 parts per trillion. The regulation took effect on December 14, 2017, and public water systems have been required to meet the new standard since January 2018. As required by the new standard, the City began testing for TCP and has detected TCP concentrations in multiple water On August 15, 2018, the City of Fowler received a Compliance Order from the State Water Resources Control Board regarding the MCL exceedance for TCP in Well7 7. This order requires the City to prepare a Corrective Action Plan (CAP) to bring the well into compliance. The City prepared and submitted the CAP to the Water Board on October 19,2018. The first task required by the CAP is to prepare and adopt the TCP Feasibility Provost & Pritchard Consulting Group was contracted to prepare the TCP Feasibility Study on September 18, 2018. The study has been completed and staffrecommends the  supply wells within the City limits.  Study.  Council accepts and adopts the report.