Fowler City Council
March 29, 2022

FOWLER CITY COUNCIL MEETING
AGENDA
TUESDAY, MARCH 15, 2022
7:00 P.M.

CITY COUNCIL CHAMBER
128 SOUTH 5TH STREET
FOWLER, CA 93625
In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.

Consistent with Government Code 54953 as amended by AB 361, and City Council Resolution No. 2522, this meeting may be accessed by members of the public or City Council members via Zoom.

The telephone number and Zoom link listed below will provide access to the meeting via teleconference or video conference.
https://us06web.zoom.us/j/84797353236?pwd=cGJEd2NidGdhdnRHOExjT1lYKy93dz09 Telephone Number: (253) 215-8782
Meeting ID: 847 9735 3236
Passcode: 982901
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.
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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 the City's website at www.fowlercity.org.

Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

1. Meeting Called to Order

2. Roll Call

3. Invocation by Pastor Raul Moreno of Fowler Baptist Church

4. Pledge of Allegiance

5. Public Comment
This portion of the meeting is 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.

6. Consent Calendar
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
6-A. RATIFY Warrants for March 15, 2022
6-B. APPROVE Minutes of the March 1, 2022 City Council Meeting 6-C. APPROVE Resolution No. 2551, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared State of Emergency in Accordance with Government Code Section 54953 as amended by AB 361. (City Attorney)
6-D. ACCEPT the City of Fowler 2021 Annual Progress Report for the City of Fowler General Plan and Housing Element, and direct staff to submit the report to the 2

California Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD). (Planning)
6-E. APPROVE a Revised and Restated Disposition and Development Agreement between the City of Fowler and Qawadri, LLC for the property located at the northwest corner of South 7th Street and East Vine Street and authorize the City Manager to execute the Agreement. (Planning)
6-F. APPROVE First Amendment to the Professional Services Agreement with Robina Wright Architect & Associates, Inc. dated December 6, 2021 for on-call plan check services, increasing the contract amount by $26,000 for a total contract amount not to exceed $75,000. (Planning)

7. Contested Consent Calendar – Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.

8. General Administration
8-A. City Attorney
i. APPROVE Items Pertaining to City Manager Employment Agreement and Salary Classification Schedule
A. Approve Payment of $5,000 Performance Bonus Pursuant to City Manager Employment Agreement Dated February 16, 2021.

B. Approve Resolution No. 2552 Adopting Salary Classification Schedule for All Employees.

C. Approve First Amendment to City Manager Employment
Agreement with Wilma Quan
8-B. Public Works
i. CONSIDER alternatives and provide staff direction regarding potential request to Caltrans to add median treatment to the State Route 99 improvement project.
8-C. City Manager’s Office
i. COVID-19 Update

9. Staff Communications (City Manager)

10. Councilmember Reports and Comments

11. Closed Session
11-A. Government Code Section 54956.9(d)(2)
Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation
Unknown number of potential cases, but at least five
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12. Adjourn
Next Ordinance No. 2022-03
Next Resolution No. 2553
CERTIFICATION: I, Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, March 11, 2022.

Angela Vasquez
Angela Vasquez
Deputy City Clerk
4 CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 39050-39119 March 2 thru March 9 $ 215,153.00 TOTAL ACCOUNTS PAYABLE CHECKS $ 215,153.00

PAYROLL COSTS
Second February Bi-Monthly Payroll February 28, 2022 $92,763.23 TOTAL PAYROLL COSTS $ 92,763.23
TOTAL CASH DISBURSEMENTS $ 307,916.23
NOTE:

Check #39050 Void check
Check #39053 Void check
Check #39097 Void check

CITY OF FOWLER

WARRANTS LIST
March 15, 2022
6-A
5 SUPERION PAGE NUMBER: 1
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39050 V 02/23/22 12132 FRESNO POLICE REGIONAL T 6120 TUITION SOLIAN 0.00 -121.00 1001 39050 02/23/22 12132 FRESNO POLICE REGIONAL T 6120 TUITION SOLIAN 0.00 121.00 TOTAL CHECK 0.00 0.00
1001 39051 02/23/22 12132 FRESNO POLICE REGIONAL T 6120 TUITION SOLIAN 0.00 121.00 1001 39052 02/23/22 12132 FRESNO POLICE REGIONAL T 6120 TUITION CORTEZ 0.00 121.00 1001 39053 02/23/22 12132 FRESNO POLICE REGIONAL T 6120 TUITION MIRANDA 0.00 121.00 1001 39053 V 02/23/22 12132 FRESNO POLICE REGIONAL T 6120 TUITION MIRANDA 0.00 -121.00 TOTAL CHECK 0.00 0.00
1001 39054 03/02/22 12809 49ER COMMUNICATIONS 6130 HAND MICS 0.00 407.50 1001 39055 03/02/22 14576 ANGELA VASQUEZ 6025 HOTEL CLERK CERT TRN 0.00 588.61 1001 39056 03/02/22 10045 CASCADE FIRE EQUIPMENT C 6130 INITIAL ATTACK PACK 0.00 503.97 1001 39057 03/02/22 10064 COLONIAL LIFE INSURANCE 100 EMPLOYEE DEDUCTION 0.00 142.02 1001 39057 03/02/22 10064 COLONIAL LIFE INSURANCE 100 EMPLOYEE DEDUCTION 0.00 100.70 TOTAL CHECK 0.00 242.72
1001 39058 03/02/22 10124 COUNTY OF FRESNO 6120 DISPATCH DEC20 0.00 8,525.95 1001 39058 03/02/22 10124 COUNTY OF FRESNO 6120 DISPATCH JAN21 0.00 8,525.95 1001 39058 03/02/22 10124 COUNTY OF FRESNO 6120 DISPATCH AUG21 0.00 8,525.95 1001 39058 03/02/22 10124 COUNTY OF FRESNO 6120 RMS/JMS NOV20 0.00 77.06 1001 39058 03/02/22 10124 COUNTY OF FRESNO 6120 RMS/JMS JAN21 0.00 77.06 TOTAL CHECK 0.00 25,731.97
1001 39059 03/02/22 14512 CSG CONSULTANTS 6160 INSPECTIONS 0.00 990.00 1001 39060 03/02/22 14573 DITCH WITCH WEST 5000 SERVICE ENGINE 0.00 1,401.90 1001 39061 03/02/22 10122 FRESNO COUNTY FIRE PROTE 6130 DISPATCH FEES 0.00 2,878.45 1001 39062 03/02/22 11626 GARCIA & SANCHEZ SMOG & 6260 ALTERNATOR 0.00 458.79 1001 39063 03/02/22 10141 H & H TIRE SERVICES #3, 6120 TIRE MOUNT 0.00 30.00 1001 39064 03/02/22 14259 IMAGESOURCE 6160 COPIER SVCS 02/04/22 0.00 108.98 1001 39064 03/02/22 14259 IMAGESOURCE 6020 COPIER SVCS 02/04/22 0.00 108.97 1001 39064 03/02/22 14259 IMAGESOURCE 6150 COPIER SVCS 02/04/22 0.00 108.97 1001 39064 03/02/22 14259 IMAGESOURCE 5000 COPIER SVCS 02/04/22 0.00 108.98 TOTAL CHECK 0.00 435.90
1001 39065 03/02/22 14575 JPRC PLUMBING 6700 REPAIR ABS PIPE 0.00 1,900.00 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6130 EMPLOYEE BENEFITS 0.00 187.85 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 8500 EMPLOYEE BENEFITS 0.00 314.82 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6025 EMPLOYEE BENEFITS 0.00 413.27 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6400 EMPLOYEE BENEFITS 0.00 768.90 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6700 EMPLOYEE BENEFITS 0.00 768.90 6 SUPERION PAGE NUMBER: 2
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6030 EMPLOYEE BENEFITS 0.00 1,039.14 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6160 EMPLOYEE BENEFITS 0.00 1,502.80 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6150 EMPLOYEE BENEFITS 0.00 1,753.23 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6020 EMPLOYEE BENEFITS 0.00 2,078.82 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 100 EMPLOYEE BENEFITS 0.00 2,461.40 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6260 EMPLOYEE BENEFITS 0.00 4,007.30 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 5000 EMPLOYEE BENEFITS 0.00 5,866.75 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6200 EMPLOYEE BENEFITS 0.00 6,456.77 1001 39066 03/02/22 13496 KEENAN & ASSOCIATES 6120 EMPLOYEE BENEFITS 0.00 10,366.50 TOTAL CHECK 0.00 37,986.45
1001 39067 03/02/22 14485 KOFF & ASSOCIATES, INC. 6020 CLASS & COMP STUDY 0.00 2,440.00 1001 39068 03/02/22 10189 LEAGUE OF CALIFORNIA CIT 6010 MEMBERSHIP DUES 2022 0.00 114.05 1001 39069 03/02/22 10194 LOZANO SMITH 6060 CID NEGOTIATIONS 0.00 42.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 RECREATION COMM 0.00 105.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 PANZAK, GORDEN CLAIM 0.00 105.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 MAXCO SITE PLAN 0.00 168.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 ELIAS CIVIL COST REC 0.00 168.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 SURPLUS SALES LEASE 0.00 168.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 JOHNSON, JILL ABATE 0.00 210.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 CODE ENFORCEMENT 0.00 294.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 SOLAR/ENERGY CONSR 0.00 336.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 PUBLIC WORKS 0.00 336.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 FOWLER RETAINER 0.00 672.40 1001 39069 03/02/22 10194 LOZANO SMITH 6060 LANDSCAPE MAINTENANCE 0.00 756.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 PD/FD LEGAL FEE 0.00 1,659.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 PERSONNEL LEGAL FEE 0.00 2,751.00 1001 39069 03/02/22 10194 LOZANO SMITH 6060 GENERAL LEGAL MATTER 0.00 3,858.50 1001 39069 03/02/22 10194 LOZANO SMITH 6060 PLANNING/ZONING 0.00 4,121.35 TOTAL CHECK 0.00 15,750.25
1001 39070 03/02/22 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORM - MACIAS 0.00 475.84 1001 39071 03/02/22 10203 MID VALLEY PACKAGING & S 6200 WHITE NAPKIN 0.00 88.65 1001 39071 03/02/22 10203 MID VALLEY PACKAGING & S 6020 COPY PAPER 0.00 139.87 1001 39071 03/02/22 10203 MID VALLEY PACKAGING & S 6200 TISSUE/TOWEL 0.00 1,106.81 TOTAL CHECK 0.00 1,335.33
1001 39072 03/02/22 14428 NAVIA BENEFIT SOLUTIONS 6020 COBRA-FEB22 0.00 36.45 1001 39073 03/02/22 12941 NFPA 6130 MEMBERSHIP 0.00 175.00 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6200 429 E MERCED 1-23-22 0.00 2.94 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 5000 MAGNOL/PALM 1-28-22 0.00 9.86 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6200 363 N TEMPER 1-27-22 0.00 9.88 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 2250 MAN/GLDST 1-27-22 0.00 17.46 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6130 127 S 6TH 1-27-22 0.00 20.52 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 2250 300 MERCED 1-27-22 0.00 39.57 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6200 3079 E MANN 1-21-22 0.00 65.35 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 2250 ADAMS/TRFSGL 1-28-22 0.00 82.20 7 SUPERION PAGE NUMBER: 3
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 2250 GLDST/MAN SIG 1-27-22 0.00 119.31 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6200 630 W FRESNO 1-21-22 0.00 198.76 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6150 122 S 5TH #A 1-27-22 0.00 204.25 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 2250 MERCED/8TH 1-27-22 0.00 221.18 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 5000 325 S 5TH 1-27-22 0.00 437.93 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 2250 700 MERCED #A 1-27-22 0.00 653.86 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6130 220 E MAIN 1-23-22 0.00 727.52 1001 39074 03/02/22 10237 P G & E - SACRAMENTO 6200 UTILITIES 0.00 4,371.70 TOTAL CHECK 0.00 7,182.29
1001 39075 03/02/22 10249 QUILL 6150 BOXES/DOORSTOP 0.00 59.86 1001 39075 03/02/22 10249 QUILL 6200 DIVIDER TABS 0.00 65.12 1001 39075 03/02/22 10249 QUILL 6020 PENS/FILES 0.00 96.71 1001 39075 03/02/22 10249 QUILL 6200 BINDERS/PENS 0.00 103.00 TOTAL CHECK 0.00 324.69
1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 8500 EMPLOYEE BENEFITS 0.00 10.61 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6400 EMPLOYEE BENEFITS 0.00 33.18 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6700 EMPLOYEE BENEFITS 0.00 33.18 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6150 EMPLOYEE BENEFITS 0.00 86.25 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6030 EMPLOYEE BENEFITS 0.00 112.78 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6020 EMPLOYEE BENEFITS 0.00 150.61 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6160 EMPLOYEE BENEFITS 0.00 185.79 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 5000 EMPLOYEE BENEFITS 0.00 190.43 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6260 EMPLOYEE BENEFITS 0.00 199.08 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6200 EMPLOYEE BENEFITS 0.00 368.28 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 6120 EMPLOYEE BENEFITS 0.00 719.97 1001 39076 03/02/22 13647 SUN LIFE FINANCIAL 100 EMPLOYEE BENEFITS 0.00 1,503.04 TOTAL CHECK 0.00 3,593.20
1001 39077 03/02/22 10725 VERIZON WIRELESS 6160 CELL PHONE 2/20-03/19 0.00 41.33 1001 39077 03/02/22 10725 VERIZON WIRELESS 6030 CELL PHONE 2/20-03/19 0.00 41.33 1001 39077 03/02/22 10725 VERIZON WIRELESS 6150 CELL PHONE 2/20-03/19 0.00 41.33 1001 39077 03/02/22 10725 VERIZON WIRELESS 6160 CELL PHONE 2/20-03/19 0.00 50.61 1001 39077 03/02/22 10725 VERIZON WIRELESS 6020 CELL PHONE 2/20-03/19 0.00 51.33 1001 39077 03/02/22 10725 VERIZON WIRELESS 6120 CELL PHONE 02/19/22 0.00 624.02 TOTAL CHECK 0.00 849.95
1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6130 EMPLOYEE BENEFITS 0.00 4.92 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 8500 EMPLOYEE BENEFITS 0.00 4.93 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6400 EMPLOYEE BENEFITS 0.00 9.85 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6700 EMPLOYEE BENEFITS 0.00 9.85 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6150 EMPLOYEE BENEFITS 0.00 12.80 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6260 EMPLOYEE BENEFITS 0.00 19.69 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6030 EMPLOYEE BENEFITS 0.00 25.59 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6020 EMPLOYEE BENEFITS 0.00 43.31 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6160 EMPLOYEE BENEFITS 0.00 75.79 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 5000 EMPLOYEE BENEFITS 0.00 85.65 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6200 EMPLOYEE BENEFITS 0.00 127.99 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 6120 EMPLOYEE BENEFITS 0.00 210.68 1001 39078 03/02/22 11335 VISION SERVICE PLAN - (C 100 EMPLOYEE BENEFITS 0.00 269.60 TOTAL CHECK 0.00 900.65
8 SUPERION PAGE NUMBER: 4
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39080 03/09/22 10007 ALERT-O-LITE, INC 6200 SWEATSHIRT 0.00 49.57 1001 39080 03/09/22 10007 ALERT-O-LITE, INC 6200 DUEL LED LIGHT 0.00 192.84 TOTAL CHECK 0.00 242.41
1001 39081 03/09/22 14519 AMAZON CAPITAL SERVICES 6030 SUPPLIES OFFICE 0.00 19.60 1001 39081 03/09/22 14519 AMAZON CAPITAL SERVICES 6025 FOOTREST 0.00 32.66 1001 39081 03/09/22 14519 AMAZON CAPITAL SERVICES 6700 SENIOR CRAFT SUPPLIES 0.00 208.12 TOTAL CHECK 0.00 260.38
1001 39082 03/09/22 14330 B&P PEST PROS 6020 PEST CONTROL 0.00 90.00 1001 39082 03/09/22 14330 B&P PEST PROS 6700 PEST CONTROL 0.00 95.00 TOTAL CHECK 0.00 185.00
1001 39083 03/09/22 10026 BCT CONSULTING 6030 COMPUTER SVC XOBEE 0.00 246.25 1001 39083 03/09/22 10026 BCT CONSULTING 6150 COMPUTER SVC XOBEE 0.00 246.25 1001 39083 03/09/22 10026 BCT CONSULTING 6120 COMPUTER SVC XOBEE 0.00 246.25 1001 39083 03/09/22 10026 BCT CONSULTING 5000 COMPUTER SVC XOBEE 0.00 246.25 TOTAL CHECK 0.00 985.00
1001 39084 03/09/22 14211 BEATWARE 6120 UNIFORM MIRANDA 0.00 118.23 1001 39085 03/09/22 10024 BSK ASSOCIATES 5000 COLIFORM & E COLI 0.00 182.00 1001 39086 03/09/22 10025 BUFORD OIL COMPANY 6120 FUEL 0.00 53.21 1001 39087 03/09/22 12654 COMCAST 6700 CABLE 02/25-03/24 0.00 107.23 1001 39088 03/09/22 10124 COUNTY OF FRESNO 6120 RMS/JMS FEB 22 0.00 77.06 1001 39088 03/09/22 10124 COUNTY OF FRESNO 6120 DISPATCH MAR 22 0.00 8,525.95 TOTAL CHECK 0.00 8,603.01
1001 39089 03/09/22 14512 CSG CONSULTANTS 6160 PLAN CHECK 0.00 2,654.97 1001 39090 03/09/22 14574 DAVID LEWIS 100 REFUND H&S LEWIS 0.00 100.21 1001 39091 03/09/22 14558 DOG WASTE DEPOT 6270 DOG WASTE BAGS 0.00 10.00 1001 39092 03/09/22 10792 FASTENAL COMPANY 6200 SUPPLIES 0.00 7.29 1001 39093 03/09/22 13275 FERGUSON WATERWORKS #142 5000 T10 R9001 0.00 1,476.93 1001 39094 03/09/22 14252 FOWLER ACE HARDWARE 6700 SUPPLIES 0.00 46.13 1001 39095 03/09/22 10306 FOWLER FLORAL SHOP, THE 6120 FUNERAL FLOWERS 0.00 1,759.93 1001 39096 03/09/22 10488 FOWLER UNIFIED SCHOOL DI 2040 21-22 CONTRIBUTION 0.00 25,000.00 1001 39097 03/09/22 13419 FRESNO ECONOMIC OPPORTUN 6700 SENIOR MEAL FEB 0.00 1,315.04 1001 39097 V 03/09/22 13419 FRESNO ECONOMIC OPPORTUN 6700 SENIOR MEAL FEB 0.00 -1,315.04 TOTAL CHECK 0.00 0.00
9 SUPERION PAGE NUMBER: 5
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39098 03/09/22 12567 FRESNO MOBILE RADIO INC 5000 RADIO SERVICES FEB 22 0.00 240.00 1001 39099 03/09/22 10141 H & H TIRE SERVICES #3, 6130 EMT P101 TIRES 0.00 240.00 1001 39100 03/09/22 13477 HDL SOFTWARE LLC 6030 SERVICE JAN-MAR 22 0.00 987.46 1001 39101 03/09/22 14259 IMAGESOURCE 6160 COPIER SVCS 0.00 182.38 1001 39101 03/09/22 14259 IMAGESOURCE 5000 COPIER SVCS 0.00 182.38 1001 39101 03/09/22 14259 IMAGESOURCE 6150 COPIER SVCS 0.00 182.38 1001 39101 03/09/22 14259 IMAGESOURCE 6020 COPIER SVCS 0.00 182.38 TOTAL CHECK 0.00 729.52
1001 39102 03/09/22 14537 LINDE GAS & EQUIPMENT 6130 MEDICAL AIR BOTTLES 0.00 129.82 1001 39103 03/09/22 14559 M.E.D. ENTERPRISES INC. 2000 CONSULTING SVC-2/28/2 0.00 3,660.00 1001 39104 03/09/22 10201 METRO UNIFORM & ACCESSOR 6130 UNIFORM PANTS - LUNA 0.00 76.23 1001 39104 03/09/22 10201 METRO UNIFORM & ACCESSOR 6130 UNIFORM - LOPEZ 0.00 584.90 1001 39104 03/09/22 10201 METRO UNIFORM & ACCESSOR 6120 UNIFORM 0.00 709.40 TOTAL CHECK 0.00 1,370.53
1001 39105 03/09/22 10885 NELSONS POWER CENTER 6260 AUTO CUT 0.00 28.84 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 1-31-22 0.00 7.15 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 MAGNOL/PALM 3-1-22 0.00 10.51 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 MERCED/6TH 1-31-22 0.00 10.52 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 1291 W SOUTH 1-31-22 0.00 10.52 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 363 1 TEMPER 2-28-22 0.00 10.55 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 1-31-22 0.00 11.46 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 WALTER/FRESNO 2-14-22 0.00 11.90 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 2250 MAN/GLDST 2-27-22 0.00 15.68 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 2250 MANN/GLD ST 1-25-22 0.00 15.77 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 MERCED/7TH 1-31-22 0.00 18.83 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6130 127 S 6TH 2-28-22 0.00 22.08 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 7TH/TULARE 1-31-22 0.00 26.43 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 127 S 6TH 1-31-22 0.00 26.83 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 2250 300 MERCED 2-28-22 0.00 35.41 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 TRACT 5834 2-14-22 0.00 39.44 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 4218 GLDN STAT 1-31-2 0.00 53.95 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 3079 E MANN 2-18-22 0.00 65.16 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 2831 E MANN 1-31-22 0.00 66.15 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 TRACT 5212 2-14-22 0.00 82.58 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 2250 ADAMS/TRFSGL 3-1-22 0.00 89.62 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 429 E MERCED 2-23-22 0.00 101.04 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 2250 GLDNST/MAN SIG 3-1-22 0.00 116.17 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 GLDNST B 1-31-22 0.00 122.29 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 TRACT 5088 2-14-22 0.00 128.56 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 TRACT 5198 2-14-22 0.00 134.05 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6700 420 E MERCED 1-31-22 0.00 144.56 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6150 122 S 5TH #A2-28-22 0.00 191.45 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 420 E MERCED 1-31-22 0.00 194.69 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 2250 MERCED/8TH 2-28-22 0.00 208.62 10 SUPERION PAGE NUMBER: 6
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 325 S 5TH 2-28-22 0.00 215.09 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 630 W FRESNO 2-22-22 0.00 221.27 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 TEMP/GOLDN 1-31-22 0.00 221.49 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6260 9TH/MERCED 0.00 221.69 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 2250 700 MERCED#A 2-28-22 0.00 273.59 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 212 E MERCED 1-31-22 0.00 276.03 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6080 128 S 5TH 1-31-22 0.00 295.44 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6080 128 S 5TH 1-31-22 0.00 394.21 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 5TH/FRESNO 1-31-22 0.00 423.48 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6700 420 E MERCED 1-31-22 0.00 449.85 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6260 500 E MERCED 1-31-22 0.00 637.29 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 ADAMS/5TH 1-31-22 0.00 809.70 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6080 MAIN/5TH 1-31-22 0.00 1,148.82 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6130 220 E MAIN 2-23-22 0.00 1,197.13 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 8 3-1-22 0.00 1,698.26 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 SESWNW231521 1-31-22 0.00 1,733.83 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 95 E ADAMS 1-31-22 0.00 2,760.68 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 6200 UTILITIES 0.00 4,467.43 1001 39107 03/09/22 10237 P G & E - SACRAMENTO 5000 WELL SITE 7 3-1-22 0.00 8,510.46 TOTAL CHECK 0.00 27,927.71
1001 39108 03/09/22 13095 PBM SUPPLY & MFG 6260 TEEJET TIP BRASS 0.00 17.37 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 SPR 21-02 0.00 79.80 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 CUP 19-02 0.00 167.30 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 CUP 21-04 0.00 168.00 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 SPR 21-03 0.00 249.90 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 CUP 21-05 0.00 354.90 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 SPR 21-22 0.00 446.60 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 SPR 21-28 0.00 617.40 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 SPR 21-25 0.00 696.50 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 ANNEX PREZ 19-03 0.00 883.30 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 TTM 21-0015 0.00 2,851.10 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 GRANT SVCS 0.00 2,956.20 1001 39109 03/09/22 13655 PROVOST & PRITCHARD 6150 ON CALL SVCS 0.00 7,128.50 TOTAL CHECK 0.00 16,599.50
1001 39110 03/09/22 13075 RAPID AUTOBODY AND WHEEL 6120 AUTO BODY WORK 0.00 2,844.45 1001 39111 03/09/22 11195 ROBERT V JENSEN INC 6130 FUEL 0.00 303.54 1001 39111 03/09/22 11195 ROBERT V JENSEN INC 6130 FUEL 0.00 587.79 TOTAL CHECK 0.00 891.33
1001 39112 03/09/22 13187 SECOND CHANCE ANIMAL SHE 6270 ANIMAL CONTROL SERV 0.00 1,000.00 1001 39113 03/09/22 10518 SIGNMAX! 6200 SIGN/DECAL 0.00 44.42 1001 39114 03/09/22 10288 SMART & FINAL 6700 SUPPLIES FEB 22 0.00 84.47 1001 39114 03/09/22 10288 SMART & FINAL 6700 SUPPLIES FEB 22 0.00 124.76 1001 39114 03/09/22 10288 SMART & FINAL 6700 FEB MEAL/SUPPLIES 0.00 137.85 TOTAL CHECK 0.00 347.08
11 SUPERION PAGE NUMBER: 7
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 100 - GENERAL FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39115 03/09/22 14358 SPARKLETTS 6020 WATER SERVICES 0.00 76.61 1001 39116 03/09/22 10085 STATE OF CA DEPARTMENT O 6120 FINGERPRINT FEES 0.00 64.00 1001 39117 03/09/22 10242 U S POSTMASTER 5000 FIRST CLASS PRESORT 0.00 265.00 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL 0.00 46.12 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 6700 JANITORIAL 0.00 47.28 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 6020 MATS& MOPS 0.00 59.10 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 6020 MATS & MOPS 0.00 59.10 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 6130 MATS & MOPS 0.00 69.09 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 6130 MATS & MOPS 0.00 69.09 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 5000 UNIFORM 0.00 235.89 1001 39118 03/09/22 13543 UNIFIRST CORPORATION 6200 UNIFORM 0.00 253.74 TOTAL CHECK 0.00 839.41
1001 39119 03/09/22 10725 VERIZON WIRELESS 5000 CELL PHONE 2/20-03/19 0.00 341.96 TOTAL CASH ACCOUNT 0.00 207,412.90
TOTAL FUND 0.00 207,412.90
12 SUPERION PAGE NUMBER: 8
DATE: 03/10/2022 CITY OF FOWLER ACCTPA21
TIME: 13:49:49 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.check_no between '39050' and '39119' ACCOUNTING PERIOD: 9/22
FUND - 503 - TCP FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1001 39079 03/02/22 13655 PROVOST & PRITCHARD 5030 TCP TREATMENT DESIGN 0.00 7,740.10 TOTAL CASH ACCOUNT 0.00 7,740.10
TOTAL FUND 0.00 7,740.10
TOTAL REPORT 0.00 215,153.00
13 1

MINUTES OF THE FOWLER CITY COUNCIL MEETING
Tuesday March 1, 2022
Mayor Cardenas called the meeting to order at 7:00 p.m.

Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, Parra City Staff Present: City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, City Planner Marple, City Engineer Peters, Deputy City Clerk Vasquez

5. PUBLIC COMMENT
There was no public comment.
5-A. Caltrans District 6, State Route 99 update
Caltrans staff provided an update on State Route 99 from Selma to Fowler Rehab Project.

They shared approximate construction dates and ramp closure timing. They responded to questions from various Councilmembers.

6. CONSENT CALENDAR
Councilmember Parra made a motion to approve the Consent Calendar, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Parra, Kazarian, Cardenas, Mejia, Rodriquez

7. CONTESTED CONSENT CALENDAR
N/A

8. GENERAL ADMINISTRATION
8-A. FINANCE
i. WORKSHOP on a proposed Capital Improvement Plan
Public Works Director Dominguez provided an overview of the Capital Improvement Plan (CIP). He stated as a CIP has not been brought before the Council for adoption, staff felt it was important for Council to provide feedback prior to budget introduction.
6-B
14 2
City Manager Quan thanked Public Works Director Dominguez for his work, and Community Development Director Gaffery for developing the format. She stated the CIP will be updated often and brought before Council annually.

Councilmember Parra requested clarification on the water well location and inquired if the water tower was going to be resurfaced. City Manager Quan stated staff is currently working on the procurement process for the water tower resurfacing. Councilmember Kazarian inquired if the fire station sleeping quarters and showers are included in the 2nd floor improvements previously discussed. City Manager Quan verified the sleeping quarters and showers are included in the 2nd floor improvements and staff is working with Peters Engineering Group on the design and cost estimate. ii. WORKSHOP on consolidation of City fees into a Master Fee Schedule Finance Director Moreno reported that currently the City’s fees for services are codified across multiple ordinances and resolutions. She reported as fees are adopted or modified; they will be presented to Council as an amendment to the Master Fee Schedule. Finance Director Moreno reported staff plans to bring a full review of the Master Fee Schedule to Council for adoption each December.
iii. APPROVE Resolution No. 2550 amending the City’s salary classification schedule and Fiscal Year 2021-2022 budget to include a 2% Cost of Living (COLA) salary adjustment effective March 1, 2022
City Manager Quan provided an update on the consultant’s progress completing the City’s classification and compensation study. She indicated the last COLA was 2% in August 2020. She recommended that, given the timing of completion of the classification and compensation study, a 2% COLA should be provided.

Councilmembers discussed the item. Councilmember Parra inquired about the possibility of retroactive pay. City Manager Quan stated that she confirmed with the City Attorney that the City cannot retroactively pay for work already performed.

Councilmember Kazarian made a motion to APPROVE Resolution No. 2550 amending the City’s salary classification schedule and Fiscal Year 2021-2022 budget to include a 2% Cost of Living (COLA) salary adjustment effective March 1, 2022. Seconded by Councilmember Parra.

The motion carried by roll call vote: Ayes: Kazarian, Parra, Cardenas, Rodriquez and Mejia.
8-B. PLANNING
15 3
i. APPROVE Side Letter Amendment to the Subdivision Agreement for Tract 5952 to address park and pipeline construction timing.

Mayor Cardenas recused himself from this item due to past recusal on the item.

City Engineer Peters provided an overview of the tentative map for Subdivision Tract 5952 approved on May 7, 2019, which did not include phasing and proposed the project in its entirety as a single phase. He stated K. Hovnanian Homes purchased Tract 5952 from the previous developer and has now proposed to construct the project in two phases.

Councilmember Mejia inquired if K. Hovnanian Homes were to sell the land prior to the completion of Phase II, would K. Hovnanian Homes be responsible to complete the improvements to the park. City Engineer Peters confirmed the park must be completed by the developer.

Robert Sprague, of K. Hovnanian Homes spoke regarding the side letter and asked for additional considerations not included in the side letter.

Councilmember Mejia inquired about this being a non-agenized item. City Manager Quan advised Council she would have staff reach out to K.

Hovnanian Homes for further discussion and bring any action forward to City Council, if appropriate.

Councilmember Kazarian made a motion to APPROVE side letter amending the Subdivision Agreement for Tract 5952 to address park and pipeline construction timing, seconded by Mayor Pro-Tem Rodriquez.

Motion carried by roll call vote: Ayes: Kazarian, Rodriquez, Parra, and Mejia. Abstain/Recusal: Cárdenas
8-C. CITY MANAGER’S OFFICE
i. COVID-19 Update
City Manager Quan reported the Fresno County Department of Public Health’s data shows Fowler’s vaccination remains at 75% and staff continues to keep in close communication with FCDPH on any regulatory changes.

9. STAFF COMMUNICATIONS – (CITY MANAGER)
9-A. FINANCE DEPARTMENT
Finance Director Moreno reported that in February she and Account Technician, Krystle Woodward attended the California Society Municipal Finance Officers Conference. She stated Ms. Woodward was awarded a scholarship in the amount of $470 to help offset her 16 4
cost of attendance. Finance Director Moreno reported they both attended several educational sessions and networked with other local finance directors. 9-B. CITY CLERK DEPARTMENT
Deputy City Clerk Vasquez reminded Council to file the FPPC Form 700 electronically before the April 1, 2022 deadline.
9-C. PLANNING DEPARTMENT
City Planner Marple stated the City’s Fresno COG Measure C TOD grant application was submitted, and notification of award will be in June 2022. 9-D. PUBLIC WORKS DEPARTMENT
Public Works Director Dominguez provided an update on upcoming Arbor Day events. He reported there will be workshop on Saturday, March 5, 2022 and a tree planting event on Saturday, March 12, 2022. He also reported Mayor Cardenas participated in an Arbor Day PSA for airing on local media.
9-E. POLICE DEPARTMENT
Chief Alcaraz announced the hiring of new Police Officer, Carlos Macias. He advised Council that there will be a swearing in ceremony at a future Council meeting. 9-F PLANNING DEPARTMENT
City Engineer Peters shared the design concept from Caltrans for the median concrete barrier decorative treatment along State Route 99. After discussion, Council asked for the concept to be modified. Staff will work with Caltrans and will provide a revised concept at a future Council meeting. City Manager Quan stated that if Council had any further design ideas, they should submit them to City Engineer Peters and herself.

10. COUNCILMEMBER REPORTS AND COMMENTS
Mayor Cardenas provided an update on the Measure C renewal. He also stated he was proud to take part in the Arbor Day Public Service Announcement, giving exposure to the community of Fowler for the Arbor Day tree planting. Mayor Cardenas also provided an update on the Lions Club community service fund donation and announced they’ll be holding a high school scholarship dinner and dance at Jocy’s on March 12, 2022.

Mayor Pro-Tem Rodriquez announced the Mother’s Club will be holding their annual event at Panzak Park tentatively scheduled for May 2022.
17 5
Councilmember Parra reminded Council of the League of California Cities dinner in Woodlake on Thursday, March 10, 2022. He requested all RSVP’s go through Deputy City Clerk Vasquez.

Councilmember Kazarian suggested naming a wing or part of the new police station in honor of Sergeant Duron. Chief Alcaraz reported he is developing ideas to memorialize Sergeant Duron.

11. CLOSED SESSION
No reportable action was taken on the two items.

12. ADJORN
Having no further business, Councilmember Kazarian made a motion to adjourn, Councilmember Parra seconded. The meeting adjourned at 9:25 p.m. 18 CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-C

REPORT TO THE CITY COUNCIL
March 15, 2022
FROM SCOTT CROSS, City Attorney

SUBJECT
APPROVE Resolution No. 2551, A Resolution of the City Council of the City of Fowler Authorizing Continued Use of Remote Teleconferencing for City Council Meetings and Commission Meetings During Declared Stare of Emergency in Accordance with Government Code Section 54953 as amended by AB 361

RECOMMENDATION
Approve Resolution No. 2551 if the City Council makes the findings required by Government Code Section 54953(e)(3) to continue to allow City Council members to attend City Council meetings via remote teleconferencing without following typical Brown Act requirements for teleconference participation by City Council members at City Council meetings. The Resolution also authorizes the City’s other commissions to continue meeting remotely for as long as the City Council authorizes.

BACKGROUND
The City Council approved Resolution No. 2522 on October 19, 2021, authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361 during the COVID-19 declared emergency. To continue with the “relaxed” remote teleconferencing for City Council and other commission meetings Government Code Section 54953 requires the City Council to make findings every 30 days that (1) it has reconsidered the circumstances of the state of emergency, and either (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) state or local officials continue to impose or recommend measures to promote social distancing. 19 APPROVE Resolution No. 2551
March 15, 2022

Fowler City Council meetings are currently conducted in a manner that allows the public and Council members to attend in person or via teleconference in compliance with applicable legal requirements.

Approving this resolution would not change the way members of the public are allowed to participate in meetings (both in-person and teleconference attendance is allowed) and would also allow City Council members to continue to attend meetings via teleconference, if desired, without complying with the typical Brown Act requirements for teleconferencing attendance at City Council meetings.

The proclaimed COVID-19 emergency is still in effect and there may be occasions when the proclaimed emergency directly impacts the ability of members of the public or Council members to meet safely in person. Also, some state and local officials continue to recommend measures to promote social distancing. As a result, the necessary findings can be made, if desired, to continue with remote teleconferencing for City Council and other commission meetings. These findings must be made every 30 days to continue with the relaxed Brown Act teleconference requirements.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
No fiscal impact is anticipated whether this Resolution is approved or not.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2551
20 RESOLUTION NO. 2551

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING FOR CITY

COUNCIL MEETINGS AND COMMISSION MEETINGS DURING DECLARED

STATE OF EMERGENCY IN ACCORANCE WITH GOVENRMENT CODE SECTION 54953 AS AMENDED BY AB 361
WHEREAS, on March 4, 2020, the Governor of California declared a state of emergency in the State as a result of the COVID-19 pandemic; and
WHEREAS, pursuant to Resolution 2461, approved by the Fowler City Council on March 17, 2020, the City Council declared a local emergency as a result of the threatened spread of COVID-19 in the City, surrounding areas, and the state; and WHEREAS, on March 17, 2020, with the issuance of Executive Order N-29-20, the Governor suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other remote means; and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, AB 361 was enacted on September 16, 2021, enacting certain changes to the Brown Act for teleconferencing and remote participation at public meetings as set forth in Government Code Section 54953; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, has not been rescinded and remains in effect; and
WHEREAS, the City Council has determined that teleconferencing from remote locations by the public and City Council members has not limited participation of members of the public, Council members, or other attendees at City Council or other City commission meetings; and WHEREAS, on October 19, 2021, the City Council approved Resolution No. 2522 authorizing remote teleconferencing for City Council and City commission meetings in accordance with Government Code Section 54953 as amended by AB 361; and WHEREAS, Government Code Section 54953, as amended by AB 361, requires the City Council to make certain findings every 30 days after approving Resolution No. 2522 in order to continue with remote teleconferencing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler as follows:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency and finds that the following circumstances exist:
21 A. The state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person; and
B. State or local officials continue to recommend measures to promote social distancing.

2. This Resolution shall be effective immediately and a similar resolution shall be a standing item on City Council meeting agendas each month to reconsider the circumstances of the COVID19 state of emergency and determine whether the state of emergency continues to directly impact the ability of members of the public, City Council members, and members of other City commissions to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until the necessary findings required for continuing remote teleconferencing are no longer approved by the City Council.

PASSED, APPROVED AND ADOPTED this 15th day of March 2022, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

___________________________
David Cardenas, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
22 CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-D

REPORT TO THE CITY COUNCIL
March 15, 2022
FROM DAWN E. MARPLE, City Planner

SUBJECT
ACCEPT the City of Fowler 2021 Annual Progress Report for the City of Fowler General Plan and Housing Element, and direct staff to submit the report to the California Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD).

RECOMMENDATION
Staff recommend that the City Council of the City of Fowler accept the 2021 Annual Progress Report for the City of Fowler General Plan and Housing Element, and direct staff to submit the report to OPR and HCD.

The Planning Commission heard this item at its meeting on March 3, 2021 and recommended that the City Council accept the 2021 Annual Progress Report.

BACKGROUND
Staff has completed the Annual Progress Report for the City of Fowler General Plan and Housing Element for the calendar year of 2021 pursuant to Government Code Section 65400, which requires the City to prepare an Annual Progress Report addressing the status of the General Plan and progress made toward implementing its goals and policies, including the City’s progress in meeting its share of regional housing needs. The progress report must be submitted by April 1 of each year to the City Council, the Governor’s Office of Planning and Research (OPR), and the State Housing and Community Development Department (HCD).
23 2021 Annual Progress Report for the City of Fowler General Plan and Housing Element March 15, 2022

The attached Annual Progress Report represents the City’s development activity for calendar year 2021.

General Plan. California Government Code Section 65300 requires each city and county to adopt a general plan for the physical development of the jurisdiction. The City of Fowler incorporated in 1908 and adopted its first comprehensive General Plan in 1976. In 2004, the City updated its original General Plan with revisions to the Land Use and Circulation chapters and the addition of an Economic Development chapter, which was the first update of the document since its adoption. The 2025 Fowler General Plan was adopted in June 2004 and contained the following chapters, which addressed all the required elements of a general plan in accordance with the Government Code at the time of adoption:
• Land Use
• Circulation
• Housing
• Economic Development
• Environmental Resources Management
• Public Facilities
General Plan Progress Report.

General Plan Update Progress:

Staff has continued to work towards the completion of the General Plan Update. In 2021 the City of Fowler completed both Planning Commission and City Council public workshops and study sessions on General Plan Land Use Alternatives. An Interactive Story Map was created and placed on the City’s website for public use. This map allows the public to actively search parcels for the associated existing and proposed land use. General Plan draft policies were anticipated to be completed by the end of 2021 and reviewed by City staff in early 2022.

Development Approvals:

In 2021, staff processed several building permits and entitlement applications to facilitate the buildout of the General Plan. 110 residential building permits were issued, and 10 industrial and commercial project entitlements were processed.

Economic Development:

Staff has been working diligently on efforts to promote economic development within the City.

In 2021 the City of Fowler entered into a Disposition and Development Agreement (DDA) for the old fire station to be converted into a tap house and for the two vacant parcels at 7th and Vine Streets to be developed into a mixed-use development. In addition to the two DDAs the City continues to work with the Fresno County Economic Development Corporation (EDC) to site businesses in Fowler.

Housing Element. The Housing Element of the Fowler General Plan was more recently adopted in April of 2016, as required by the Government Code, and was updated as part of a coordinated effort with Fresno County and 12 of the 15 cities in Fresno County. The Multi-Jurisdictional Housing Element created a regional plan for addressing the housing needs of Fresno County. The General Plan incorporates the adopted Multi-Jurisdictional Housing Element by reference. 24 2021 Annual Progress Report for the City of Fowler General Plan and Housing Element March 15, 2022

The City’s Regional Housing Needs Allocation (RHNA) for the current eight-year projection period from December 2015 through December 2023, is 524 housing units and is equivalent to an annual production rate of 66 units. A portion of the City’s current RHNA goal (39%) is focused on the categories of Extremely-Low Income (ELI) households, Very-Low Income (VLI) households, and Low Income (LI) households, as defined by HCD. These categories serve those households with the greatest housing need but are also the hardest to build because of the significant subsidies required to develop these homes.

In 2021, the City of Fowler processed 110 building permits for residential development. 108 of those were for single family dwelling units while the remaining 2 were for accessory dwelling units. Of the 110 units permitted, 76 were in the Moderate category and 34 were in the Above Moderate category.

The City has completed 346 units of its 524 housing unit allocation. As outlined in Table B of the Housing Element Annual Progress Report, the City has met its Moderate Income category while still needing to develop housing units in the VLI, LI, and Above Moderate Categories.

On March 3, 3022, the Planning Commission recommended the City Council accept the 2021 Annual Progress Report for the City of Fowler General Plan and Housing Element. The Planning Commission discussed multiple areas of the Annual Progress Report during their review. Those items included:
• Methods on how to achieve the housing unit allocations in the VLI and LI categories. Staff provided an overview of ongoing efforts to work with local entities to explore senior housing developments to meet this need and these allocation categories. • Questions on if the City will achieve the overall target of 524 housing units in this cycle of the Housing Element. Staff explained the City has already achieved 346 units of the 524 housing unit allocation, and the City has until December 2023 to build out the remaining units. Staff stated it is likely that the City will achieve the 524 housing unit allocation by the end of this Housing Element cycle based on currently approved entitlements and development projects underway. However, most of those units have been built in the Moderate and Above Moderate income categories.

ENVIRONMENTAL REVIEW
These annual reports are exempt from the requirements of the California Environmental Quality Act (CEQA) as they do not meet the definition of a “Project” per CEQA Guidelines Section 15378.

FISCAL IMPACT
There is no fiscal impact anticipated from the acceptance of the annual progress reports.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- 2021 General Plan Annual Progress Report
25 Prepared By:

PROVOST & PRITCHARD CONSULTING GROUP
445 WEST FIR AVENUE
CLOVIS, CA 93611

GENERAL PLAN ANNUAL PROGRESS
REPORT

GENERAL PLAN UPDATE
FEBRUARY 2022
Prepared For:

CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT 128 S. 5TH STREET
FOWLER, CA 93625
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TABLE OF CONTENTS
Introduction .........................................................................................................................................................1 Purpose of this Report....................................................................................................................................1 2025 Fowler General Plan ...................................................................................................................................1 Amendments...................................................................................................................................................2 Annexations.....................................................................................................................................................2 General Plan Update .......................................................................................................................................2 General Plan Update Objectives................................................................................................................2 2020 Accomplishments..............................................................................................................................2 General Plan Implementation Progress..............................................................................................................3 Land Use Element............................................................................................................................................3 Residential Projects....................................................................................................................................3 Commercial/Industrial Projects .................................................................................................................3 Mixed Use Projects/Form Based Code Area .............................................................................................4 Circulation Element.........................................................................................................................................4 Economic Development..................................................................................................................................5 Housing Element .............................................................................................................................................5 Environmental Resources Management Element.........................................................................................6 Public Facilities Element..................................................................................................................................6

ATTACHMENTS
ATTACHMENT A: HOUSING ELEMENT ANNUAL PROGRESS REPORT........................................... A-1 8 27
City of Fowler Annual Progress Report (APR) 2021
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INTRODUCTION

PURPOSE OF THIS REPORT
California law requires each city and county to adopt a comprehensive, long-term General Plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities (California Government Code Section 65300). The General Plan serves as a blueprint for future growth and development. As such, the plan contains policies and programs designed to provide decision makers with a solid foundation for land use and development decisions.

State law further requires each jurisdiction to complete an Annual Report on the General Plan that is submitted to the local planning agency (the City Council), to the State Office of Planning and Research, and to the State Department of Housing and Community Development (California Government Code Section 65400). This report must:
• Identify compliance with the State General Plan law and State General Plan Guidelines; • Identify status of the General Plan and the process towards its implementation; • Describe the City’s progress in meeting its Regional Housings Needs Allocation; • Describe progress in addressing/removing governmental constraints to the maintenance, improvement, and development of housing; and
• Identify any surplus lands within the jurisdiction.

State law requires that the General Plan Annual Report be submitted by April 1 of each year and cover progress made during the previous calendar year (January through December). This Annual Report looks at the City’s progress towards implementing its General Plan during the 2021 planning year and is completed for the April 2022 deadline.
2025 FOWLER GENERAL PLAN
The City of Fowler incorporated in 1908 and adopted its first comprehensive General Plan in 1976. In 2004, the City updated its original General Plan with revisions to the Land Use and Circulation chapters and the addition of an Economic Development chapter, which was the first update of the document since its adoption. The 2025 Fowler General Plan was adopted in June 2004 and contained the following chapters, which addressed all the required elements of a general plan in accordance with the Government Code at the time of adoption:
• Land Use
• Circulation
• Housing
• Economic Development
• Environmental Resources Management
• Public Facilities
The Housing Element of the Fowler General Plan was more recently adopted in April of 2016, as required by the Government Code, and was updated as part of a coordinated effort with Fresno County and 12 of 9 28
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the 15 cities in Fresno County. The Multi-Jurisdictional Housing Element created a regional plan for addressing the housing needs of Fresno County. The General Plan incorporates the adopted MultiJurisdictional Housing Element by reference.

AMENDMENTS
No General Plan Amendments were processed in 2021.

ANNEXATIONS
The City requeststhat Fresno County refer all proposals for industrial development located within the City’s Sphere of Influence to the City for annexation. In cases where annexation is not feasible, the City may request that the County attach conditions of approval to such applications to ensure that the development will conform to City standards, will agree to annex when feasible, and will not be detrimental to future urban development. The City’s Sphere of Influence and phasing of annexation is used to provide for logical and efficient growth and prevent the premature conversion of agricultural land. Extension of urban services without annexation is discouraged. Residential land is annexed to the City as determined by growth management policies. Proposals for pre-zoning and annexation are rejected if they do not satisfy General Plan requirements relating to orderly and contiguous development and public services and facilities. 2021 Activities
• Tentative Subdivision Tract Map No. 5952 facilitated the annexation of approximately 70 acres on the west side of the City, located on the south side of E South Avenue, on both the east and west side of S Sunnyside Avenue.

GENERAL PLAN UPDATE
Currently the City is in the process of a General Plan update which looks ahead to the year 2040, making adjustments based on current issues and emergent trends, and positioning the City of Fowler for the next 20 years. It is anticipated that the General Plan update and associated Environmental Impact Report will be completed in ealy 2023.

General Plan Update Objectives
• Confirm the vision for the community,
• Provide clear goals and policies to support the community vision and guide decision-making, • Prepare a plan to implement the goals and policies,
• Comply with state requirements and incorporate best planning practices, and • Create a user-friendly General Plan.
2021 Accomplishments
In 2021 the City of Fowler completed the following General Plan Update activities:
• Planning Commission and City Council public workshops and study sessions on General Plan Land Use Alternatives
• Interactive Story Map
• Planning Commission and City Council public meetings to select a General Plan Land Use Alternative
• General Plan draft policies, to be reviewed by City staff in 2022 10 29
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The Interactive Story Map was developed as part of the public outreach component of the General Plan Update. The map, available on the City’s website, provides information on the update and the proposed land use changes in both English and Spanish. The final component of the story map is an interactive land use map, which was used to collect parcel-specific comments about the proposed land use map. Although the comment period has closed, the map is still available for the public to access.

GENERAL PLAN IMPLEMENTATION

PROGRESS
The following sections represent the progress the City has made towards implementing the actions of the current General Plan during the 2021 reporting period.

LAND USE ELEMENT
The Land Use Element assists in the orderly development of the community and designates general distribution of land for housing, business, public buildings and grounds, and other categories of public and private land use. The element also establishes standards of population density and building intensity. The General Plan provides Policies and Standards for each of the following land use types, which are summarized below.

Residential Projects
Four residential categories are proposed that range in density from a maximum of three units per acre up to 21.8 units per acre. These categories are intended to identify areas which are acceptable for housing; clarify the overall type of housing to be developed within each category; and allow for a mixture of housing types, lot sizes, and affordability. Each residential category includes a unit per acre minimum and maximum density specified in a range of units per gross acre. Units per gross acre is used because it is easier to understand and convey. Types of housing include single family units, multiple family units including duplexes and apartments, and mobile homes.
2021 Activities
• K Hovnanian continued to build out Tract 5834 on the north side of South Avenue between South Sunnyside and South Stanford Avenues.
• 110 building permits were issued for new residential construction. • City Council denied Rezone No. 20-01 and Site Plan Review No. 20-08 to legalize an existing fourth dwelling unit and to construct two additional dwelling units. The applicant subsequently filed for and received a ministerial approval for an Accessory Dwelling Unit to legalize the unit. • Three Accessory Dwelling Unit entitlements were approved.

Commercial/Industrial Projects
Four categories also exist for commercial land use designations. Additionally, the City’s General Plan locates new Neighborhood Commercial uses along major traffic ways in consolidated centers that utilize common access and parking for commercial uses and reserves the Community Commercial designation for the downtown and major community shopping areas. The General Commercial designation is located along arterial streets to provide commercial support for Fowler and nearby communities. 11 30
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2021 Activities
• Site Plan Review No. 21-01 approved the addition of a 36,000 square foot storage canopy at Maxco Supply.
• Site Plan Review No. 21-02 approved a 4,000 square foot metal building for Jay’s Autobody. • Site Plan Review No. 21-05 approved a 257,500 square foot expansion for mandarin orange processing for Bee Sweet Citrus.
• Site Plan Review No. 21-06 approved a 1,620 square foot expansion of Diesel Specialties. • Site Plan Review No. 21-07 approved the construction of a 9,625-square foot fruit processing building for the National Raisin Company.
• Site Plan Review No. 21-22 approved the construction of a 6,000 square foot shop, 9,240-square foot warehouse, and outdoor storage for Central Valley Concrete. • Conditional Use Permit No. 21-03 approved a recycling center.

Mixed Use Projects/Form Based Code Area
Mixed use residential uses are also permitted in Community Commercial locations by Conditional Use Permit where appropriate. Additionally, mixed use projects of 80 acres or more should prepare a specific plan incorporating land use, circulation, open space, and public facility issues for adoption by the City prior to approval of tentative tract maps, site plans, or use permits.

In 2013, the City of Fowler amended its zoning ordinance with the addition of Article 17, establishing the City’s first form-based code area. The form-based code area is in the central portion of the City, bound by East Tuolumne Street on the north, South 5th Street on the east, and South 8th Street on the west. Form based codes are a unique method of land use regulation which offers a more design-forward approach than traditional zoning. Form based codes seek to provide a high-quality urban environment by using physical form as the organizing principle of regulation rather than the separation of land use, as seen in traditional zoning practice.
2021 Activities
• Site Plan Review No. 21-03 approved the construction of a 4,680-square foot medical office building for United Health Centers.
• Conditional Use Permit No. 21-01 allowed the Mi Favorito restaurant to operate with fewer operating restrictions, including live entertainment and reduced food service. • Conditional Use Permit No. 21-04 approved a taproom serving regional beer and wine.

CIRCULATION ELEMENT
The purpose of the Circulation Element is to provide for a safe, convenient, and efficient transportation system. The Circulation Element has been designed to accommodate anticipated transportation needs based on the land use element. In compliance with state law, all city and county general plans must contain a circulation element that designates future road improvements and extensions, addresses non-motorized transportation alternatives, and identifies funding options. The intent of the Element is to:
• identify transportation needs and issues within the City, as well as regional relationships that affect the transportation system;
• consider alternatives other than the single-occupant vehicle as essential in providing services and access to facilities; and
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• establish policies that coordinate regional transportation planning circulation system with General Plan and area plan land use maps and provide direction for future decision-making. 2021 Activities
• Steet sections were completed along Armstrong, Adams, Sunnyside and Sumner Avenues. • Curb ramps and pavement improvements were completed on Main Street between 7th and 3rd. • Curb ramps and pavement improvements were completed on Adams Avenue between 5th and Temperance.
• Design of roadway improvements were completed on Manning Avenue from SR99 to the east City limit.
• Design of sidewalk improvements were completed on South Avenue south of Fresno Street. • Pedestrian crossing Improvements were completed at the Temperance / Walter intersection.

ECONOMIC DEVELOPMENT
Fowler’s economic strength comes from its residents, businesses, schools, community organizations, and government. Economic development efforts within the City work to expand resources for those groups.

General Plan policies that foster infrastructure improvements, downtown preservation, and business friendly practices guide City leaders to enhance the quality of life and economy in Fowler. 2021 Activities
• The City entered into a Disposition and Development Agreement (DDA) for the old fire station to be converted into a tap house.
• The City entered into a DDA for the two vacant parcels at 7th and Vine Streets to be developed into a mixed-use development.
• The City continues to work with the Fresno County Economic Development Corporation (EDC) to site businesses in Fowler.

HOUSING ELEMENT
The Housing Element is an important State-mandated requirement of the General Plan. The Housing Element establishes comprehensive goals, policies, and programs to meet a jurisdiction's share of Regional Housing Needs Allocation (RHNA). The determination of regional housing need begins with the California Department of Housing and Community Development (HCD) and California Department of Finance (DOF), which first calculate statewide housing needs based upon population projections and regional population forecasts used in preparing regional transportation plans. The Statewide need is then distributed to regional Councils of Government (COGs) throughout California, who work with cities and counties within their purview to assign each jurisdiction its share of the RHNA. The RHNA itself is divided into five income categories that encompass all levels of housing need. RHNA goals are measured by the number of housing units entitled and/or permitted by a local jurisdiction in a given timeframe.

The City of Fowler is a member of the Fresno County Council of Governments (Fresno COG), which is composed of the 15 cities and the unincorporated areas of Fresno County. Fresno COG is responsible for distributing the RHNA to the local governments through an allocation methodology that is consistent with development and growth patterns. Fowler's RHNA for the current eight-year projection period from December 2015 through December 2023 is 524 housing units and is equivalent to an annual production rate of 66 units. A large portion of Fowler's current RHNA goal (39%) is focused on the categories of 13 32
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Extremely-Low Income (ELI) households, Very-Low (VLI) Income households, and Low Income (LI) households, as defined by HCD. These categories serve households with the greatest housing need but are also the hardest to build because of the significant subsidies required to develop these homes.

The City Council elected to collectively prepare a multi-jurisdictional Housing Element with the cities of Clovis, Coalinga, Huron, Kerman, Kingsburg, Mendota, Parlier, Reedley, San Joaquin, Sanger, Selma, and the unincorporated areas of Fresno County as part of the Fresno Multi-Jurisdictional 2015-2023 Housing Element (MJHE).

The City Council adopted the 2015-23 Housing Element on April 5, 2016. HCD certified the Housing Element on July 22, 2016. The Housing Element establishes a comprehensive policy framework to implement Fowler's residential strategies and outlines the City's plan for meeting community housing needs. 2020 Activities
• In accordance with Section 65400 of the California Government Code, the City is required to prepare an annual report on the status and progress in implementing the City’s Housing Element using forms and definitions adopted by the Department of Housing and Community Development.

The completed forms for the 2021 calendar year are attached in Attachment A to this report.

ENVIRONMENTAL RESOURCES MANAGEMENT ELEMENT
There are currently four City parks in Fowler, all of which are managed by the Public Works Department There are no State or regional parks located in the planning area. The City of Fowler also operates the Edwin Blayney Senior Center, which offers a meeting place and specialized recreation opportunities for senior citizens.
2021 Activities
•
• Tract 6188 (Kb Home) neighborhood park constructed
• Tract 6274 (Woodside) neighborhood park under construction •
• Grant applications were submitted for improvements to Donny Wright Park and for the construction of a new park on Harris Street.

PUBLIC FACILITIES ELEMENT
The public facilities and services, including utilities, provided by the City of Fowler or quasi-public organizations, are services that include education, library, law enforcement, fire protection and emergency response, landscape and lighting, water, wastewater, stormwater, and solid waste. 2021 Activities
• The City issued a Request for Proposals (RFP) for the design of a new police headquarters and senior center, to be located at the northwest corner of Merced and 3rd Streets. 14 33
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CITY OF FOWLER

ANNUAL PROGRESS REPORT
ATTACHMENT A: HOUSING ELEMENT

ANNUAL PROGRESS REPORT
15 34
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
v 1_13_2022
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
128 S 5th Street
Fowler
93625
Please Start Here
General Information
2021
Fowler
Contact Information
Wilma
Quan
City Manager
[email protected]
5598343113
Mailing Address
Annual Progress Report January 2020
16 35
Jurisdiction Fowler
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 76
34 110
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 108 51
2 to 4 0 0 0
5+ 0 0 0
ADU 0 2 2
MH 0 0 0
Total 0 110 53
4 77
3 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
17 36
Jurisdiction Fowler ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
Application
Status
Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.

Notes
+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 77 77 3 0 343-242-03 415 E Fresno St SPR 21-17 ADU R 7/12/2021 1 1 1 No No N/A Approved 343-173-04 124 S Fourth St SPR 21-21 ADU R 10/11/2021 1 1 1 No No N/A Approved 343-192-16 704 East Main St SPR 20-08;
Rezone 20-01
2 to 4 R 7/8/2020 1 1 1 No No N/A Disapproved
343-192-16 704 E Main St SPR 21-08 ADU R 7/22/2021 1 1 1 No No N/A Approved 340-130-14 6660 S Armstrong Ave TSM 21-0015 SFD O 9/8/2021 74 74 No No N/A Pending 0 Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 18 37
Jurisdiction Fowler ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to
Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - 5 - - 22 46 76 - -
Above Moderate 243 - 64 27 34 29 9 34 - - 197 46
524
- 69 27 34 51 55 110 - - 346 252
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 83 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
149
Moderate
123
83 75
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
123
19 38
Jurisdiction Fowler ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity
Vacant/Nonvacant
Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
20 39
Jurisdiction Fowler
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1: Regional Collaboration on
Housing Opportunities
To ensure that regional housing needs are
met collaboratively within Fresno County
Ongoing The City of Fowler continues to participate in the Countywide Housing Element Technical Committee which collaborates on implementation including infrastructure challenges, homelessness, and fair housing.
2: Review Annexation
Standards in Memorandum
of Understanding
To remove barriers in the development of
affordable housing
2023 The City of Fowler will work with Fresno County to review standards for annexation contained in the Memorandum of Understanding between the County and city as they may effect affordable housing. MOU standards require that a minimum of 50% of annexation areas have an approved development plan. Because annexation is therefore dependent on developers with “shovel ready” projects, the ability of cities to prezone land for affordable housing is limited.
3: Provision of Adequate
Sites
Provide for a variety of housing types and
ensure that adequate sites are available to
meet RHN
Ongoing The City created an inventory of undeveloped land resources in 2021 and will upload the inventory to the City's website.
4: Monitoring of Residential
Capacity (No Net Loss)
To monitor and control the removal of
needed housing units from the housing
stock
Ongoing The City of Fowler will continue to complete their Annual Progress Reports and participate in the RHNA allocation efforts beginning in 2023 to ensure that there is no net loss in land zoned for residential development.
5: Lot Consolidation and Lot
Splits
To promote efficient use of land for
residential development pursuant to the
Subdivision Map Act
Ongoing As part of the inventory of residential land resources the City will identify opportunities for lot consolidation or lot splitting by the end of 2019. SB 2 funds are being used to update the subdivision ordinance to make it more user-friendly and further facilitate residential development.
6: Water and Wastewater
Capacity
To remove obstacles from the development
of affordable housing
Ongoing The City will continue to map water and wastewater capacity concerns. The City completed a water model in 2020 which identified areas of concern related to water capacity.
7: Affordable Housing
Incentives
To provide incentives for the development
of affordable housing
Ongoing The City of Fowler will update their Density Bonus Ordinance as part of the ongoing comprehensive Zoning Ordinance update.
8: Farmworker Housing To support and encourage the
development of housing specifically aimed
at farmworkers
Ongoing The City will continue to work with the Fresno Housing Authority and Self-Help Enterprises in seeking grant funds for farmworker housing. 9: Preserving Assisted
Housing
Annually monitor the status of assisted
housing stock that may be at risk of
converting to market rate.

Ongoing The City assisted the Fresno Housing Authority in their efforts to obtain tax credit allocation for their Walnut Grove apartment complexe. The Magill Terrace project was completed in 2019. The City will continue to monitor their progress. 10: Accessory Units
(Second Units)
To facilitate construction of affordable
housing units
Ongoing The City has amended their Accessory Dwelling Unit (ADU) ordinance to be compliant with new state law. City staff will be conducting an ADU education program in 2022. 11:Zoning Code
Amendments
To amend the Zoning Code to address a
variety of housing options, including special
needs groups
Within one year of HE
adoption with annual reviews
The City of Fowler will update their Density Bonus Ordinance as part of the ongoing comprehensive Zoning Ordinance update.
12: Monitoring Planning and
Development Fees
To ensure fees do not undully constrain
housing development
Ongoing The City will continue to monitor their development fees each January. 13: Code Enforcement To enforce substandard abatement and reinstate the City's Home Improvement
Grant Program.

Ongoing The City will continue to look for grant programs to assist property owners to bring their homes into compliance with City codes. The City reinstated the code enforcement division in 2019 and hired a Community Compliance Officer who will start in 2022. 14: First-Time Home Buyer
Resources
To pursue and disseminate available
resources to the public
Ongoing The City will continually update their website to include available homebuyer resources. 15: Energy Conservation To promote energy conservation in housing rehabilitation.

Ongoing The City continues to support PG&E programs that provide energy efficiency rebates and implements the Building codes that support and encourage alternative energy. 16: Housing Choice
Vouchers
To disseminate information, refer
interested households to the Housing
Authority, and encourage landlords to
participate.

Ongoing The City will continually update their website to include available homebuyer resources including information on the Housing Choice Voucher Program. 17: Fair Housing To assist in promoting fair resources
available in the region
Ongoing The City will continually update their website and work with the Fair Housing Council of Central Valley and the Fresno Housing Authority to provide ediucation to lenders, real estate professiosnals, and the communtiy at large to promote fair shousing services available in the region.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
21 40
Jurisdiction Fowler ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report
22 January 2020
41 Jurisdiction Fowler ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1
+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report
23 January 2020
42 Jurisdiction Fowler
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
24 43
Jurisdiction Fowler
Note: "+" indicates
an optional field
Reporting Period 2021 (Jan. 1 - Dec. 31)
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
25 44
Jurisdiction Fowler
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount
Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Land Use Alternatives $25,000.00 $0.00 Presented to Council in 2021
General Plan Update $20,000.00 $0.00 Local
General Fund
Program EIR $20,000.00 $0.00 Local
General Fund
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 76
34 110
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 39
14 53
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 65,000.00
Task Status
Completed
In Progress
26 45

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation Cells in grey contain auto-calculation formulas Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
Notes
5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes
+
0 0 0 0 0 0 0 0 0 0 0 0 0 76 34 110 0 0 0 0 0 39 14 53 0 0 0 0 1 1 1 1 1 1/15/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/15/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/21/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/21/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/21/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/22/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/22/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/26/2021 1 N HCD Affordability Calculator
1 1 1 1 1 1/28/2021 1 N HCD Affordability Calculator
1 1 1 1 1 2/23/2021 1 N HCD Affordability Calculator
1 1 1 1 1 2/23/2021 1 N HCD Affordability Calculator
1 1 1 1 1 2/23/2021 1 N HCD Affordability Calculator
1 1 1 1 1 2/26/2021 1 N HCD Affordability Calculator
1 1 1 1 1 2/26/2021 1 N HCD Affordability Calculator
1 1 1 1 1 3/11/2021 1 N HCD Affordability Calculator
1 1 1 1 1 3/19/2021 1 N HCD Affordability Calculator
1 1 1 1 1 3/23/2021 1 N
1 1 1 1 1 3/29/2021 1 N HCD Affordability Calculator
1 1 1 1 1 5/20/2021 1 N
1 1 1 1 1 5/20/2021 1 N HCD Affordability Calculator
1 1 1 1 1 5/21/2021 1 N HCD Affordability Calculator
1 1 1 1/22/2021 1 1 5/21/2021 1 N HCD Affordability Calculator 1 1 1 1 1 6/11/2021 1 N HCD Affordability Calculator
1 1 1 1/22/2021 1 1 6/24/2021 1 N HCD Affordability Calculator 1 1 1 1/22/2021 1 1 6/24/2021 1 N HCD Affordability Calculator 1 1 1 1/25/2021 1 1 7/20/2021 1 N HCD Affordability Calculator 1 1 1 1/22/2021 1 1 7/26/2021 1 N HCD Affordability Calculator 1 1 1 1/22/2021 1 1 7/26/2021 1 N
1 1 1 1/25/2021 1 1 8/2/2021 1 N HCD Affordability Calculator 1 1 1 3/8/2021 1 1 8/17/2021 1 N HCD Affordability Calculator 1 1 1 1/22/2021 1 1 8/18/2021 1 N HCD Affordability Calculator 1 1 1 3/8/2021 1 1 8/19/2021 1 N
1 1 1 3/8/2021 1 1 8/23/2021 1 N HCD Affordability Calculator 1 1 1 4/27/2021 1 1 8/30/2021 1 N HCD Affordability Calculator 1 1 1 3/8/2021 1 1 9/10/2021 1 N
1 1 1 3/8/2021 1 1 9/10/2021 1 N HCD Affordability Calculator 1 1 1 3/29/2021 1 1 9/17/2021 1 N HCD Affordability Calculator 1 1 1 4/27/2021 1 1 9/20/2021 1 N HCD Affordability Calculator 1 1 1 4/14/2021 1 1 9/23/2021 1 N HCD Affordability Calculator 1 1 1 3/29/2021 1 1 9/23/2021 1 N
1 1 1 3/29/2021 1 1 9/27/2021 1 N
1 1 1 4/14/2021 1 1 9/27/2021 1 N
1 1 1 4/26/2021 1 1 10/12/2021 1 N
1 1 1 3/30/2021 1 1 10/19/2021 1 N HCD Affordability Calculator 1 1 1 6/4/2021 1 1 10/25/2021 1 N HCD Affordability Calculator 1 1 1 6/4/2021 1 1 10/25/2021 1 N HCD Affordability Calculator 1 1 1 6/4/2021 1 1 11/9/2021 1 N
1 1 1 6/21/2021 1 1 11/23/2021 1 N
1 1 1 6/21/2021 1 1 11/23/2021 1 N
1 1 1 6/21/2021 1 1 12/13/2021 1 N
1 1
1 8/10/2021 1 1 12/27/2021 1 N
1 1
1 8/9/2021 1 1 12/27/2021 1 N HCD Affordability Calculator 1 1
1 8/9/2021 1 1 12/27/2021 1 N HCD Affordability Calculator 1 1 1 1/22/2021 1 0 N HCD Affordability Calculator
1 1 1 1/22/2021 1 0 N HCD Affordability Calculator
1 1 1 1/22/2021 1 0 N HCD Affordability Calculator
1 1 1 1/28/2021 1 0 N
1 1 1 3/8/2021 1 0 N HCD Affordability Calculator
1 1 1 4/27/2021 1 0 N HCD Affordability Calculator
1 1
1 8/26/2021 1 0 N HCD Affordability Calculator
1 1
1 8/26/2021 1 0 N HCD Affordability Calculator
1 1 1 7/16/2021 1 0 N HCD Affordability Calculator
1 1 1 7/6/2021 1 0 N
1 1
1 8/31/2021 1 0 N HCD Affordability Calculator
1 1
1 8/26/2021 1 0 N HCD Affordability Calculator
1 1
1 8/26/2021 1 0 N HCD Affordability Calculator
1 1 1 8/25/2021 1 0 N HCD Affordability Calculator
1 1 1 9/27/2021 1 0 N HCD Affordability Calculator
1 1 1 7/16/2021 1 0 N
1 1
1 8/9/2021 1 0 N HCD Affordability Calculator
1 1
1 8/10/2021 1 0 N HCD Affordability Calculator
1 1
1 8/9/2021 1 0 N HCD Affordability Calculator
1 1
1 8/4/2021 1 0 N
1 1
1 8/4/2021 1 0 N
1 1
1 8/9/2021 1 0 N HCD Affordability Calculator
1 1
1 8/9/2021 1 0 N HCD Affordability Calculator
1 1
1 8/10/2021 1 0 N HCD Affordability Calculator
1 1
1 8/9/2021 1 0 N HCD Affordability Calculator
1 1
1 8/26/2021 1 0 N HCD Affordability Calculator
1 1
1 8/26/2021 1 0 N HCD Affordability Calculator
1 1 1 8/25/2021 1 0 N HCD Affordability Calculator
1 1 1 8/25/2021 1 0 N
1 1 1 8/25/2021 1 0 N
1 1 1 10/5/2021 1 0 N
1 1 1 10/28/2021 1 0 N HCD Affordability Calculator
1 1 1 10/28/2021 1 0 N
1 1 1 10/28/2021 1 0 N
1 1 1 10/28/2021 1 0 N
1 1
1 9/27/2021 1 0 N
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1
1 9/27/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N
1 1 1 10/5/2021 1 0 N
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/5/2021 1 0 N HCD Affordability Calculator
1 1 1 10/20/2021 1 0 N HCD Affordability Calculator
1 1 1 10/20/2021 1 0 N
1 1 1 10/20/2021 1 0 N
1 1 1 11/15/2021 1 0 N
1 1 1 11/15/2021 1 0 N HCD Affordability Calculator
1 1 1 11/15/2021 1 0 N HCD Affordability Calculator
1 1 1 11/15/2021 1 0 N HCD Affordability Calculator
1 1 1 11/15/2021 1 0 N
1 1 1 11/15/2021 1 0 N HCD Affordability Calculator
1 1 1 11/15/2021 1 0 N
1 1 1 11/15/2021 1 0 N
1 1 1 11/15/2021 1 0 N HCD Affordability Calculator
1 1 1 11/15/2021 1 0 N HCD Affordability Calculator
1 1 1 11/15/2021 1 0 N HCD Affordability Calculator
1 1 1 12/16/2021 1 0 N
1 1 1 12/17/2021 1 0 N HCD Affordability Calculator
1 1 1 12/17/2021 1 0 N HCD Affordability Calculator
1 1 1 12/17/2021 1 0 N HCD Affordability Calculator
1 1 1 12/17/2021 1 0 N HCD Affordability Calculator
1 1 1 12/17/2021 1 0 N HCD Affordability Calculator
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
(CCR Title 25 §6202)
Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy Density Bonus 4 7 10
27 46

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-E

REPORT TO THE CITY COUNCIL
March 15, 2022
FROM THOMAS W. GAFFERY IV, Community Development Director

SUBJECT
APPROVE a Revised and Restated Disposition and Development Agreement between the City of Fowler and Qawadri, LLC for the property located at the northwest corner of South 7th Street and East Vine Street and authorize the City Manager to execute the Agreement.

RECOMMENDATION
Staff recommend the City Council approve a Revised and Restated Disposition and Development Agreement (DDA) between the City of Fowler and Qawadri, LLC for the property located at the northwest corner of South 7th Street and East Vine Street and authorize the City Manager to execute the Agreement.

BACKGROUND
Council previously declared the property located at the northwest corner of South 7th Street and East Vine Street surplus and Staff initiated the Surplus Land Act process. Following conclusion of that process, the City was allowed to accept offers and Staff recommend the sale of the Property as stated above. Council approved a Disposition and Development agreement on October 5, 2022.

The attached Revised and Restated DDA contains the following substantive revisions:
• The DDA requires the Developer to establish a retail dining establishment and mixed use building. The requirement for construction of a production bakery and order desk has been removed as the developer has located an existing facility outside of Fowler that met their needs. 47 Approve a Revised and Restated DDA between the City of Fowler and Qawadri, LLC

• Escrow close has changed from six months to one year. Staff recommend this change based on the timeframe needed for the developer to produce, and City to plan check and approve development plans for a new mixed-use building. The first submittal of development plans must occur within 90 days of land use approval.
• The $125,000 deposit has not changed, but the $50,000 annual payments have been adjusted out one year to occur in 2023, 2024, and 2025.

ENVIRONMENTAL REVIEW
This does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
This action will generate $275,000 in one-time proceeds to the General Fund per on the terms of the DDA. After escrow has closed and the City has received the deposit funds, staff will bring forward a budget resolution for Council to determine allocation of those funds.

CONFLICT OF INTEREST
A portion of the property is within 1000 feet of real property owned by Mayor Cardenas.

Attachments
- Revised and Restated Disposition and Development Agreement - Revised and Restated Disposition and Development Agreement (redline) 48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
Recorded By and For the Benefit of,
And When Recorded Return to:

CITY OF FOWLER
128 South 5th Street
Fowler, California 93625
ATTN: City Clerk
(Space Above for Recorder’s Use)
____________

REVISED AND RESTATED

DISPOSITION AND DEVELOPMENT AGREEMENT
NORTHWEST CORNER OF SOUTH 7TH STREET AND EAST VINE

STREET, FOWLER, CA
APN 343-233-02ST AND 343‐233‐03ST

CITY OF FOWLER
AND

ABDALLAH QAWDRIQAWADRI, LLC
98 98
99 99

TABLE OF CONTENTS
RECITALS ................................................................................1

1. CONVEYANCE OF THE PROPERTY ............................1 A. Disposition of The Property .....................................1 B. Purchase Price and Deposit ......................................2 C. Escrow......................................................................2 D. Costs of Escrow .......................................................2 E. Escrow Instructions ..................................................2 F. Authority of Escrow Agent ......................................2 G. Closing .....................................................................3 H. Termination ..............................................................3 I. Closing Procedure ....................................................3 J. Review of Title ........................................................3 K. Title Insurance .........................................................4 L. Conditions of Closing ..............................................4 M. Representations and Warranties ...............................6 N. Condition of The Property .......................................8

2. DEVELOPMENT OF THE PROPERTY ........................10 A. Developer’s Obligation to Construct
Improvements ........................................................10 B. City Obligations With Respect to the Building…. 10
C. Design Review .......................................................11 D. Land Use Approvals ..............................................12 E. Schedule of Performance and Conforming
Business Activities .................................................13 F. Cost of Construction ..............................................13 G. Insurance Requirements .........................................14 H. Developer’s Indemnity...........................................14 I. Rights of Access ....................................................14 J. Compliance with Laws ..........................................15 K. Nondiscrimination in Employment ........................15 L. Taxes and Assessments ..........................................15 M. Release of Construction Covenants .......................15 N. Financing of Improvements ...................................16

3. DEFAULTS AND REMEDIES .......................................18 A. Default Remedies ...................................................18 B. Institution of Legal Actions ...................................18 C. Termination by the Developer Prior to
Conveyance of the Property ...................................19 -i100 100
D. Termination by the City Prior to
Conveyance of the Property. ..................................19 E. Reentry and Revesting of Title in the City for
Failure to Timely Commence and Complete
Developer Improvements, Begin Operation of Conforming
Business Activities, or for an Unlawful Transfer ..19
F. Option to Purchase property After Completion of Developer Improvements and Operation of Conforming Business
Activities ................................................................21 G. Right of First Refusal ............................................22

4. GENERAL PROVISIONS ...............................................23

A. Notices, Demands and Communications
Between the Parties ................................................23 B. Enforced Delay; Extension of Times
of Performance .......................................................23 C. Transfers of Interest in Property or Agreement .....24 D. Successors and Assigns..........................................25 E. Assignment by City................................................25 F. Relationship Between City and Developer ............25 G. No Third Party Beneficiaries Excepting Agency...25
H. City Approvals and Actions ...................................25 I. Counterparts ...........................................................26 J. Integration ..............................................................26 K. Real Estate Brokerage Commission.......................26 L. Interpretation ..........................................................26 M. No Waiver. .............................................................26 N. Modifications .........................................................26 O. Severability ............................................................26 P. Legal Advice ..........................................................26 Q. Cooperation ............................................................27 R. Rights and remedies are Cumulative .....................27 S. Applicable Law ......................................................27 T. Non-Liability of Officials and Employees
of the City ..............................................................27 U. Attorneys’ Fees ......................................................27 V. Precedence of Documents ......................................27 -ii101 101

ATTACHMENTS
Attachment No. 1 Legal Description and
depiction of Property
Attachment No. 2 Form of Grant Deed
Attachment No. 3 Schedule of Performance
Attachment No. 4 Release of Construction
Covenants
Attachment No. 5 Notice of Reversionary Interest

J:\wdocs\00250\256\AGT\00896612.DOC
-iii102 102
1 REVISED AND RESTATED

DISPOSITION AND DEVELOPMENT AGREEMENT
This Revised and Restated Disposition and Development Agreement (“Agreement” or “DDA”) is entered into Effective October __, 2021March __. 2022, between the City of Fowler, a California municipal corporation and general law city (“City”) and Abdallah QawadriQAWADRI, LLC (“Developer”), with respect to the following Recitals, which are a substantive part of this Agreement:

RECITALS
A. City owns two parcels of real property at the northwest corner of South 7th Street and East Vine Street (APNs 343-233-02ST and 343-233-03ST) in the City of Fowler, Fresno County, State of California (“Property”). The Property is legally described and depicted in Attachment No. 1. The Property consists of approximately 37,025 square feet for both parcels.

The Property is in the Form-Based Code zone district, allowing a multitude of uses compatible with the central business district.

B. After following the California Surplus Land Act, the City made the Property available for sale and private development. Developer expressed interest in purchasing the Property to establish a retail dining establishment and production bakery, mixed use building, and operating other permissible uses. This use shall hereinafter be referred to as “Confirming Business Activities.”
C. Developer is an experienced commercial developer or has otherwise contracted with experienced commercial developers, contractors, architects, and other professionals for the purposes of developing the Property with a viable commercial business, as proposed. City desires to sell the Property to Developer for the purposes set forth in these Recitals, as further described in this Agreement. The improvements to the Property required by this Agreement shall hereinafter be referred to as “Developer Improvements” or “Improvements”.

D. City’s disposition of the Property, and the construction, completion, and operation of the Developer Improvements pursuant to the terms of this Agreement, are in the vital and best interest of the City and the health, safety, and welfare of its residents, and will serve the public purpose of real property redevelopment in City’s downtown.

E. City and Developer’s principal and sole member, Abdallah Qawadri, entered into a Disposition and Development Agreement dated ______________, 202_ (“Original DDA”) for the Property, and each party now desires to enter into this Agreement which is intended to and shall replace and supersede the Original DDA. Further, Abdallah Qawadri assigns all rights in the Original DDA, and City consents to said assignment.

NOW, THEREFORE, City and Developer agree as follows:

1. CONVEYANCE OF THE PROPERTY.
103 103
2 A. Disposition of the Property. Developer agrees to purchase the Property from City, and City agrees to sell the Property to Developer, in accordance with and subject to all of the terms, covenants, and conditions of this Agreement, for the “Purchase Price” set forth below. The conveyance of the Property shall be by “Grant Deed” substantially in the form of Attachment No.

2. B. Purchase Price and Deposit. The purchase price for the Property shall be Two Hundred Seventy-Five Thousand Dollars ($275,000.00) (“Purchase Price”). The parties agree the Purchase Price constitutes not less than fair market value of the Property and the rights conveyed, and does not reflect any economic assistance by City. Upon opening of Escrow, Developer shall deposit the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00) in Escrow (“Developer Deposit”). The Developer Deposit shall be applied to the Purchase Price. The Developer Deposit shall not be refundable to Developer and shall be retained by City as liquidated damages if Escrow fails to close, except in the event that Escrow fails to close due to the failure of a Developer’s Conditions of Closing as described in Section 1L(2). The balance of the Purchase Price shall be paid to the City in three (3) equal annual installments of Fifty Thousand Dollars ($50,000) due on December 31 of 20222023, 20232024, and 20242025. Developer may prepay the remaining balance of the Purchase Price at any time without penalty.

C. Escrow. Within ten (10) days after the execution of this Agreement by both parties, the parties shall open escrow (“Escrow”) with the Old Republic Title Company in its Kingsburg office, or another escrow company mutually satisfactory to both parties (“Escrow Agent”).

D. Costs of Escrow. Developer shall pay all costs for the Title Policy as set forth in Section 1K hereof; City shall pay for the documentary transfer taxes due, if any, with respect to the conveyance of the Property; and Developer shall each pay all other usual fees, charges, and costs which arise from Escrow.

E. Escrow Instructions. This Agreement constitutes the joint escrow instructions of Developer and City, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties agree to do all acts reasonably necessary to close this Escrow in the shortest possible time.

If in the opinion of Developer or the City’s City Manager it is necessary or convenient in order to accomplish the Closing, such party may require that the parties sign supplemental escrow instructions; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, the provisions of this Agreement shall control. The parties agree to execute such other and further documents as may be reasonably necessary, helpful, or appropriate to effectuate the provisions of this Agreement.

F. Authority of Escrow Agent. Escrow Agent is authorized to, and shall:
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3 (1) Pay and charge City for the premium of the Title Policy and any endorsements thereto as set forth in Section 1K and any amount necessary to place title in the condition necessary to satisfy Section 1J of this Agreement.
(2) Pay and charge Developer and City for their respective shares of any escrow fees, charges, and costs payable under Section 1D of this Agreement. (3) Disburse funds and deliver and record the Grant Deed when both the Developer’s Conditions of Closing and the City’s Conditions of Closing as described in Section 1K herein have been fulfilled or waived by Developer and City.
(4) Do such other actions as necessary to fulfill its obligations under this Agreement. (5) Do such other actions as necessary to comply with any federal, state, or local reporting requirements, including directing City and Developer to execute any required forms, statements, or certificates.

G. Closing. This transaction shall close escrow (“Closing”) after satisfaction of all of City and Developer Conditions of Closing as set forth in Section 1L of this Agreement, but in no event later than One Hundred Eighty (180) daysone year after Escrow is opened (“Closing Deadline”), unless otherwise extended by written agreement approved by the City’s City Council and signed by Developer and the City Manager. Closing shall mean the time and day the Grant Deed is filed for record with the Fresno County Recorder.

H. Termination. If Escrow is not in condition to close by the Closing Deadline, then either party which has fully performed under this Agreement may, in writing, demand termination of the Escrow. Under these circumstances, Escrow Agent shall return all money, papers, and documents deposited in Escrow to the respective depositing party, except that Developer Deposit shall be delivered to City in accordance with Section 1B above unless otherwise provided in Section 1B. If either party makes a written demand for termination of Escrow, Escrow shall not terminate until ten (10) days after Escrow Agent shall have delivered copies of such demand to the other party at the address shown in this Agreement. If any objections are raised within that ten (10) day period, Escrow Agent is authorized to hold all money, papers, and documents until instructed by a court of competent jurisdiction or by mutual written instructions of the parties.

Termination of Escrow shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, Escrow Agent shall proceed with Closing as soon as possible.

I. Closing Procedure. Escrow Agent shall close Escrow as follows:
(1) Record the Grant Deed with instructions for the Fresno County Recorder to deliver the Grant Deed to Developer.
(2) Instruct the Title Company to deliver the Title Policy to Developer and a copy of the Title Policy to City.
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4 (3) File and deliver any informational reports, forms, statements, and certificates as required by federal, state or local law.
(4) Forward to both Developer and City a separate accounting of all 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 endorsed thereon.

J. Review of Title. City shall cause Escrow Agent to deliver to Developer a standard preliminary title report (“Title Report”) with respect to title to the Property, together with legible copies of the documents underlying the exceptions (“Exceptions”) set forth in the Title Report, within fifteen (15) days after the Escrow is opened. Developer shall have the right to reasonably approve or disapprove the Exceptions; provided Developer hereby approves the following Exceptions:
(1) Any Redevelopment Plans of the former Fowler Redevelopment Agency which do not preclude Developer’s use of the Property as proposed herein. (2) Property interests held by a 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, which do not preclude Developer’s use of the Property as proposed herein. (3) The lien of any non-delinquent property taxes and assessments (to be prorated at Closing).
(4) Any incidental easements or other matters affecting title which do not preclude Developer’s use of the Property as proposed herein.
(5) Such other exceptions to title as may hereafter be mutually approved by City and Developer.

Developer shall have fifteen (15) days from the date of its receipt of the Title Report to give written notice to City and Escrow Agent of Developer’s approval or disapproval of any of the Exceptions. Developer’s failure to give written disapproval of the Title Report within such time limit shall be deemed approval of the Title Report. If Developer notifies City of its disapproval of any Exceptions in the Title Report, City shall have the right, but not the obligation, to remove any disapproved Exceptions within fifteen (15) days after receiving written notice of the Developer’s disapproval or provide assurances satisfactory to Developer that such Exception(s) will be removed on or before Closing. If City cannot or does not elect to remove any of the disapproved Exceptions within that period, Developer shall have fifteen (15) days after the expiration of the fifteen (15) day period to give City written notice that Developer elects to terminate this Agreement. The Exceptions to title approved by Developer as provided herein shall hereinafter be referred to as the “Condition of Title.”
K. Title Insurance. Upon recordation of the Grant Deed, the Title Company shall issue to Developer an California Land Title Association (CLTA) policy of title insurance (“Title 106 106
5 Policy”), together with such endorsements as are reasonably requested by Developer, issued by the Title Company insuring the title to the Property is vested in Developer in the condition required by Section 1J of this Agreement. The Title Policy shall be for the amount of the Purchase Price. The Title Company shall provide City with a copy of the Title Policy. Developer shall be responsible for the cost of the Title Policy and the cost of any additional endorsements Developer desires.

L. Conditions of Closing. Closing is conditioned upon satisfaction of the following terms and conditions within the times designated below:
(1) City’s Conditions of Closing. City’s obligation to proceed with Closing is subject to the fulfillment or waiver by City of each and all of the conditions precedent (a) through (f), inclusive, described below (“City Conditions of Closing”), which are solely for the benefit of City, and which shall be fulfilled or waived by the time periods provided for herein:
(a) No Default. Prior to the Close of Escrow, Developer shall not be in default in any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (b) Execution of Documents. Developer shall have executed the Grant Deed and any other documents required hereunder and delivered such documents into Escrow. (c) Payment of Funds. Prior to Closing, Developer shall have deposited the Developer Deposit and all required costs of Closing into Escrow in accordance with Sections 1B and 1D hereof.
(d) Financing. Developer shall have provided evidence of Construction Financing to complete the Developer Improvements, as provided in Section 2N hereof, and such financing shall fund prior to Closing, or be ready to fund within thirty (30) days after Closing. (e) Design Review. Developer shall have obtained City approval of Development Plans, as provided for in Section 2C.
(f) Insurance. Developer shall have provided proof of insurance as required by Section 2F hereof.
(2) Developer’s Conditions of Closing. Developer’s obligation to proceed with Closing of the purchase of the Property is subject to the fulfillment or waiver by Developer of each and all the conditions precedent (a) through (f), inclusive, described below (“Developer Conditions of Closing”), which are solely for the benefit of Developer, and which shall be fulfilled or waived by the time periods provided for herein:
(a) No Default. Prior to the Close of Escrow, City shall not be in default in any of its obligations under the terms of this Agreement and all representations and warranties of City contained herein shall be true and correct in all material respects. 107 107
6 (b) Execution of Documents. City shall have executed the Grant Deed and any other documents required hereunder and delivered such documents into Escrow. (c) Review and Approval of Title. Developer shall have reviewed and approved the condition of title of The Property, as provided in Section 1J hereof. (d) Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide to Developer the Title Policy for the Property upon Close of Escrow, in accordance with Section 1K hereof.
(e) Due Diligence. Developer shall have determined that the Property is suitable for the proposed development pursuant to Section 1N.
(f) Land Use Approvals. Developer shall have obtained approval of any Land Use Entitlements for the Developer Improvements, as provided for in Section 2D.

M. Representations and Warranties.
(1) City Representations. City represents and warrants to Developer as follows:
(a) Authority. City has the full right, power and lawful authority to acquire, grant, sell and convey the Property as provided herein, and the execution, performance and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City. (b) Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). City is not a “foreign person” within the parameters of FIRPTA or any similar state statute, or is exempt from the provisions of FIRPTA or any similar state statute, or that City has complied and will comply with all the requirements under FIRPTA or any similar state statute. (c) No Conflict. To the best of City’s knowledge, City’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. (d) Litigation. To the best of City’s knowledge, there are no actions, suits, material claims, legal proceedings or any other proceedings affecting the Property, or any portion thereof, at law or in equity, before any court or governmental agency, domestic or foreign.

Until Closing, City shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 1M(1) not to be true as of Closing, immediately give written notice of such fact or condition to Developer. Such exception(s) to a representation shall not be deemed a breach by City hereunder but shall constitute an exception which Developer shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of The Property. If Developer elects to close Escrow following disclosure of such information, City’s representations and warranties contained herein shall be deemed to have been made as of Closing, subject to such exception(s). If, following the disclosure of such information, Developer elects to not close Escrow, then this Agreement and Escrow shall 108 108
7 automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder. Under these circumstances the Developer Deposit shall be returned to Developer.

All of the representations and warranties set forth in this Section 1M(1) are made with the acknowledgment that they are material, and with the intention that Developer shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated herein. The representations and warranties contained in this Section 1M(1) shall each survive the execution of this Agreement and Closing. (2) Developer Representations. Developer represents and warrants to City as follows:
(a) Authority. Developer has the full right, power and lawful authority to purchase and accept the conveyance of the Property, or any portion thereof, and undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of Developer. (b) Experience. Developer is an experienced developer and operator of commercial properties, or has otherwise contracted with experienced commercial developers, contractors, architects, and other professionals for the purposes of developing the Property. (c) No Conflict. To the best of Developer’s knowledge, Developer’s execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound.
(d) No Developer Bankruptcy. Developer is not the subject of a bankruptcy or other insolvency proceeding.
(e) FIRPTA. Developer is not a “foreign person” within the parameters of FIRPTA or any similar state statute or is exempt from the provisions of FIRPTA or any similar state statute, or Developer has complied and will comply with all the requirements under FIRPTA or any similar state statute.
(f) Deliveries. All documents, instruments and other information delivered by Developer to City pursuant to this Agreement are, to the best of Developer’s knowledge, true, correct and complete.
(g) Commissions. To the best of the Developer’s knowledge, there are no broker’s commissions or finder’s fees payable in connection with The Property.

Until Closing, the Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 1M(2) not to be true as of the Closing, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Developer hereunder but shall constitute an exception which City shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Property. If City elects to close Escrow following 109 109
8 disclosure of such information, Developer’s representations and warranties contained herein shall be deemed to have been made as of Closing, subject to such exception(s). If, following the disclosure of such information, City elects to not close Escrow, then this Agreement and Escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder.

All of the representations and warranties set forth in this Section 1M(2) are made with the acknowledgment that they are material, and with the intention that City shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated herein. The representations and warranties contained in this Section 1M(2) shall each survive the execution of this Agreement and Closing.

N. Condition of The Property.
(1) Disclosure. Developer acknowledges the Property may contain Hazardous Materials as defined in Section 1N(5). Upon Closing, it will be Developer’s obligation to take any required remedial actions, at its sole cost and expense, to render the Property suitable for development. In that regard, immediately following the execution of this Agreement and prior to Closing Developer and City may enter into a Right of Entry Agreement to allow Developer an opportunity to conduct due diligence inspections of the Property, which will remain in place through Closing. Copies of any reports obtained by Developer regarding the condition of the Property shall be provided to City within Ten (10) days after receipt and prior to Closing.

Except as noted, City and Developer hereby represent and warrant to the other that they have no actual knowledge and have not received any notice or communication from any government agency having jurisdiction over the Property, notifying such party of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property, or any portion thereof. “Actual knowledge,” as used herein, shall not impose a duty of investigation, and shall be limited to the actual knowledge of City and Developer employees and agents who have participated in the preparation of this Agreement.
(2) No Further Warranties As To Property; Release of City. Notwithstanding any provisions of this Agreement to the contrary, the conveyance of all or any portion of the Property shall be conveyed to the Developer in an “AS IS” condition, with no warranty, express or implied by City, as to the Property, improvements on the Property, the soil, its geology, the presence of known or unknown faults or Hazardous Materials, and Developer agrees to and shall indemnify and hold City, and their officers, agents, employees, and volunteers, harmless from and against all liability, loss, damages, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the existence of such faults or substances. It shall be the sole responsibility of Developer at his expense to investigate and determine the condition of the soil and improvement conditions on the Property for the development to be constructed. If the soil environmental condition is not in all respects entirely suitable for the use or uses to which the Property will be put, then it is the sole responsibility and obligation of Developer to take such action as may be necessary to place the Property in a condition entirely suitable for its development.
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9 Developer hereby waives, releases and discharges forever City, and its officers, agents, employees, and volunteers, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with the condition of the Property, any Hazardous Materials in or the Property, or the existence of Hazardous Materials contamination due to the generation of Hazardous Materials from the Property, however they came to be placed there, except that arising out of the negligence or misconduct of the City or its employees, officers, agents or representatives which occur after Closing.

Developer acknowledges that it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
As such relates to this Section 1N, Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.

By:

Abdallah Qawadri
(3) Developer Precautions After Closing. Upon Closing, Developer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Property. Such precautions shall include compliance with all governmental requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials.
(4) Developer Indemnity. Upon Closing, Developer agrees to indemnify, defend and hold City, and its officers, agents, employees, and volunteers, harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys’ fees), resulting from, arising out of, or based upon: (a) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property which occurs after Closing; or (b) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, 111 111
10 under, in or about, to or from, the Property which occurs may arise due to any action or inaction of Developer or parties which Developer has supervision and/or control over, after Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. At the request of Developer, City shall cooperate with and assist Developer in its defense of any such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that City shall not be obligated to incur any expense in connection with such cooperation or assistance. (5) Hazardous Materials Definition. For purposes of this Section 1N, Hazardous Materials means any substance, material, or waste which is or becomes defined and is regulated as hazardous by any governmental authority, the State of California, or the United States government, but shall not include commercially reasonable amounts of such materials in the ordinary course of the development and operation of the Property which are used and stored in accordance with all applicable environmental laws, ordinances and regulations.

2. DEVELOPMENT OF THE PROPERTY.

A. Developer’s Obligation to Construct Improvements. Developer shall develop or cause the development of the Developer Improvements in accordance with the Schedule of Performance (Attachment No. 3), the City of Fowler Municipal Code, and the plans, drawings and documents submitted by Developer and approved by City as set forth herein. Specifically, Developer shall be responsible for construction of a mixed-use building suitable for retail dining with a portion of the building also suitable for a production bakery.

B. Reserved.

B. Production Bakery Order Desk. Developer agrees, for a period of no less than five (5) years beginning upon the Opening of Developer Improvements for Business as set forth herein, to locate and designate the Property as the location of the order desk for purposes of sales from the production bakery so that the City of Fowler is deemed the point of sale, and so that the City shall receive its portion of sales tax revenue from sales from Developer’s production bakery located on the Property.

C. Design Review.
(1) Design, Site Plan, and Construction Drawings. Within the respective times set forth in the Schedule of Performance, Developer shall submit the following:
(a) Design drawings for the Developer Improvements, including materials, color board, elevations of all four facades of the Developer Improvements, and a rendered perspective, as required by City’s Community Development Director and in conformance with applicable City Code and guidelines (“Design Drawings”).
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11 (b) Site plan as required by City’s Community Development Director and in conformance with City guidelines (“Site Plan”).
(c) Detailed construction plans and drawings prepared by a registered civil engineer with respect to the Developer Improvements (“Construction Plans”).

The Design Drawings, Site Plan, and Construction Plans are collectively referred to as the “Development Plans”.

(2) City Review and Approval. City shall have the right to review and reasonably approve the Development Plans in its sole and reasonable discretion. Developer acknowledges and agrees that City approval is required in order to satisfy City’s obligation to promote the sound development and redevelopment of land within the former redevelopment project area, to promote a high level of design which will impact the surrounding development, and to provide an environment for the social, economic and psychological growth and well-being of the citizens of the City of Fowler. Developer shall not be entitled to any monetary damages or compensation as a result of the City’s disapproval or failure to approve or disapprove the Development Plans.

Notwithstanding any provision of this Agreement to contrary effect, the times for review and action upon the Development Plans by City shall not be deemed to be commenced unless and until the corresponding submittals by Developer are complete.

City shall state in writing the reasons for disapproval. Developer, upon receipt of a disapproval based upon powers reserved by the City hereunder, shall revise such portions and resubmit to City by the time established therefor in the Schedule of Performance. (3) Consultation and Coordination. During the preparation of the Development Plans, staff of City and Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of the Development Plans. The staff of City and Developer shall communicate and consult informally as frequently as is necessary to ensure that the formal submittal of any documents to City can receive prompt and thorough consideration. City shall designate an employee to serve as the project manager who is responsible for the coordination of City’s activities under this Agreement and for expediting the land use approval and permitting process.
(4) Revisions. If Developer desires to propose any revisions to City-approved Development Plans, Developer shall submit such proposed changes to City, and shall also proceed in accordance with any and all State and local laws and regulations regarding such revisions, within the time frame set forth in the Schedule of Performance. At the sole discretion of City, if any change in the basic uses of the Property is proposed in the Development Plans from the basic uses of the Property as provided for in this Agreement, then this Agreement is subject to renegotiation of all terms and conditions. If the Development Plans, as modified by the proposed change, generally and substantially conform to the requirements of this Section 2C, the City Manager shall review the proposed change and notify the Developer in writing within thirty (30) days after submission to City as to whether the proposed change is approved or disapproved. The City Manager is authorized to approve changes to City-approved Development Plans provided 113 113
12 such changes: (a) do not significantly modify the scope and character of the Improvements; (b) do not reduce the quality of materials to be used; and (c) do not reduce the imaginative and unique qualities of the project design. Any and all change orders or revisions required by City and its inspectors which are required under the Municipal Code and all other applicable codes (e.g., Building, Plumbing, Fire, Electrical, etc.) and under other applicable laws and regulations shall be included by Developer in its Development Plans and completed during construction of the Developer Improvements.
(5) Defects in Plans. City shall not be responsible either to Developer or to third parties in any way for any defects in the Development Plans, nor for any structural or other defects in any work done according to the approved Development Plans, nor for any delays reasonably caused by the review and approval processes established by this Section 2C. Developer shall hold harmless, indemnify and defend City, and its officers, agents, employees, and volunteers, from and against any claims, suits for damages to property or injuries to persons arising out of or in any way relating to defects in the Development Plans, including without limitation the violation of any laws, and for defects in any work done according to the approved Development Plans. (6) Use of Plans. City shall not have the right to use Development Plans which are submitted to City by Developer pursuant to this Section 2C, nor shall the City confer any rights to use such drawings or plans to any person or entity.

D. Land Use Approvals.
(1) Land Use Entitlements. Within the respective times set forth in the Schedule of Performance, Developer shall secure, or cause to be secured, all land use and other discretionary entitlements by City or any other governmental agency necessary to complete the Developer Improvements.
(2) Other Approvals. Before commencement of construction of Developer Improvements or other related works of improvement upon or adjacent to the Property, Developer shall secure or cause to be secured any other permits and approvals which may be required by City or any other governmental agency affected by such construction or work. (3) Developer Cost and Expense. All land use entitlements and other permits shall be secured by Developer at Developer’s sole cost and expense. (4) No Precommittment by City. Nothing in this Agreement is intended to or shall operate to commit City’s discretion with respect to land use and other entitlements, permits, and approvals which may be required by Developer with respect to the Developer Improvements.

E. Schedule of Performance and Conforming Business Activities. (1) Schedule of Performance. Developer shall submit all Development Plans, obtain Land Use Approvals, commence and complete all construction of the Developer Improvements, and satisfy all other obligations and conditions of this Agreement, within the respective times 114 114
13 established therefor in the Schedule of Performance. The Schedule of Performance shall be deemed a material part of this Agreement.
(2) Conforming Business Activities. Within a reasonable period of time following the completion of the Developer Improvements, not to exceed thirty (30) days after the issuance of a Certificate of Occupancy, Developer shall operate “Conforming Business Activities.” “Conforming Business Activities” means the conduct of commercial and retail uses set forth in the Recitals or as otherwise permitted by applicable zoning and in accordance with the terms of this Agreement.

Developer shall operate Conforming Business Activities for a period of not less than ten (10) continuous years after opening.
(a) Continuous shall mean the business is not closed during its normal or customarily operated business days for the type of business, for more than a cumulative total of thirty (30) days in any calendar year, except as may be required during any enforced delay event as provided in Section 4B herein.

(b) Non-operation due to government ordered shutdowns beyond the control of the Developer, shall be deducted from the ten-year period.
(c) Non-operation for repairs or remodeling that are diligently pursued to completion shall be deducted from the ten-year period.

After ten (10) years, City’s ordinary codes shall apply regarding continuous operation of the business.

F. Cost of Construction. All of the costs of planning, designing, developing, and constructing the Developer Improvements, including all permits and entitlements, shall be borne solely by the Developer.

G. Insurance Requirements. Developer shall take out prior to commencement of construction of the Developer Improvements, and maintain or shall cause its contractor to take out and maintain until the issuance of the Release of Construction Covenants pursuant to Section 2M of this Agreement, a comprehensive general liability policy in the amount of Two Million Dollars ($2,000,000) combined single limit policy, and if Developer owns automobiles, a comprehensive automobile liability policy in the amount of One Million Dollars ($1,000,000), combined single limit, or such other policy limits as City may approve at its discretion, including contractual liability, as shall protect Developer and City from claims for such damages, and which policy shall be issued by an “A” rated insurance carrier. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to City evidence satisfactory to City that the Developer and any contractor with whom it has contracted for the performance of work on The Property or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law. Developer shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned certificate 115 115
14 shall name City and its respective officers, agents, employees, and volunteers, as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The required certificate shall be furnished by Developer at the time set forth therefor in the Schedule of Performance or, if no time is specified, prior to the commencement of construction of the Developer Improvements.

H. Developer’s Indemnity. Developer shall defend, indemnify, assume all responsibility for, and hold the City and its officers, agents, employees, and volunteers, harmless from all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Agreement or the implementation thereof and for any damages to property or injuries to persons, including accidental death (including attorneysattorney’s fees and costs), which may be caused by any acts or omissions of Developer in the performance under this Agreement, whether such activities, performance, or omissions be by Developer or by anyone directly or indirectly employed or contracted with by Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. Developer shall not be liable for property damage or bodily injury occasioned by the sole negligence or willful misconduct of City or its agents or employees, or the failure of City or its agents or employees to follow accepted safety standards in connection with accessing the Property pursuant to Section 2I, below. City shall defend, indemnify, assume all responsibility for, and hold the Developer and its officers, agents, employees, and volunteers, harmless from all claims, demands, damages, defense costs or liability of any kind or nature relating to City’s breach of this Agreement or occasioned by the sole negligence or willful misconduct of City or its agents or employees, or the failure of City or its agents or employees to follow accepted safety standards in connection with accessing the Property pursuant to Section 2I, below, for any damages to property or injuries to persons, including accidental death (including attorney’s fees and costs), I. Rights of Access. Prior to the issuance of a Release of Construction Covenants (as specified in Section 2M of this Agreement), for purposes of assuring compliance with this Agreement, including construction of the Developer Improvements, representatives of City shall have the right of access to the Property conveyed to Developer without charges or fees, at normal construction hours during the period of construction. City representatives shall comply with all safety rules during any such inspection.

J. Compliance With Laws. Developer shall carry out the design, construction and operation of the Developer Improvements in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable accessibility requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et 116 116
15 seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

K. Nondiscrimination in Employment. Developer certifies and agrees that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of any protected class under State of California or Federal law.

L. Taxes and Assessments. Developer shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Property conveyed to Developer. Developer shall remove or have removed any levy or attachment made on any portion of the Property, or assure the satisfaction thereof within a reasonable time. Developer shall not apply for or receive any exemption from the payment of property taxes or assessments on any interest in or to the Property or the Developer Improvements.

M. Release of Construction Covenants. Promptly after completion of the Developer Improvements in conformity with this Agreement, City shall furnish Developer with a “Release of Construction Covenants,” substantially in the form of Attachment No. 4 hereto which is incorporated herein by reference. City shall not unreasonably withhold such Release of Construction Covenants. The Release of Construction Covenants shall be a conclusive determination of satisfactory completion of the Developer Improvements in accordance with the terms of this Agreement and the Release of Construction Covenants shall so state.

If City refuses or fails to furnish the Release of Construction Covenants, after written request from Developer, City shall, within fifteen (15) days of written request therefor, provide Developer with a written statement of the reasons City refused or failed to furnish the Release of Construction Covenants. The statement shall also contain City’s opinion of the actions the Developer must take to obtain the Release of Construction Covenants. The Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage, or any insurer of a mortgage securing money loaned to finance the Developer Improvements, or any part thereof. The Release of Construction Covenants is not a notice of completion as referred to in Section 3093 of the California Civil Code.

N. Financing of Improvements.
(1) Evidence of Financing. Prior to Closing, Developer shall submit evidence satisfactory to City of construction financing (“Construction Financing”) as follows:
(a) The obtainment of sufficient equity capital or a firm and binding commitment for construction financing necessary to undertake development of the Property and the construction of the Developer Improvements in accordance with this Agreement. (b) The Construction Financing must fund prior to Closing, or be ready to fund within thirty (30) days after Closing. If the Construction Financing fails to fund as provided herein, the 117 117
16 City may exercise its rights under this Agreement, including without limitation its right to reenter the Property and revesting of title to the Property in accordance with Section 3E herein.

(c) If City is not satisfied with the evidence of Construction Financing, City shall notify Developer within twenty (20) days of receipt of a complete submission stating the reasons for such dissatisfaction and Developer shall promptly obtain and submit to City new evidence of financing. City shall not unreasonably withhold or condition its approval of satisfactory Construction Financing.
(d) Evidence of obtaining Construction Financing shall include the following: (i) a copy of a legally binding, firm and enforceable loan commitment(s) obtained by Developer from one or more financial institutions for the mortgage loan or loans for financing to fund the construction, completion, operation and maintenance of the Developer Improvements, subject to such lenders’ reasonable, customary and normal conditions and terms; and/or (ii) a certification from the chief financial officer of Developer that Developer has sufficient funds for such construction, and that such funds have been committed to such construction, and/or other documentation satisfactory to City as evidence of other sources of capital sufficient to demonstrate that Developer has adequate funds to cover the difference between the total cost of the construction and completion of the Developer Improvements, less financing authorized by those loans set forth in subparagraph (a) above.
(2) No Encumbrances Except Mortgages, Deeds of Trust, or Sale and Lease-Back for Development. Mortgages, deeds of trust and sales and leases-back shall be permitted before the completion of the Developer Improvements only with the City’s prior written approval, which shall not be unreasonably withheld or delayed, and only for the purpose of securing loans of funds to be used for financing construction of the Developer Improvements (including architecture, engineering, legal, and related direct costs as well as indirect costs), permanent financing, and any other purposes necessary and appropriate in connection with development under this Agreement.

In no event, however, shall the amount or amounts of indebtedness secured by mortgages or deeds of trust exceed the projected cost of constructing the Developer Improvements, as evidenced by a pro forma and a construction contract which set forth such construction costs. The words “mortgage” and “trust deed” as used hereinafter shall include sale and lease-back. (3) Holder Not Obligated to Construct Improvements. The holder of any mortgage or deed of trust authorized by this Agreement shall not be obligated by the provisions of this Agreement to construct or complete the Developer Improvements or any portion thereof, or to guarantee such construction or completion; nor shall any covenant or any other provision in this Agreement be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Property to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.
(4) Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage or deed of trust granted by Developer as provided herein, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Developer Improvements, City shall at the same 118 118
17 time deliver to each holder of record of any mortgage or deed of trust authorized by this Agreement a copy of such notice or demand. Each such holder shall (insofar as the rights granted by the City are concerned) have the right, at its option, within thirty (30) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Developer Improvements, or any portion thereof (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer’s obligations to City by written agreement reasonably satisfactory to City. The holder, in that event, must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates. Any such holder properly completing such improvement shall be entitled, upon compliance with the requirements of Section 2M of this Agreement, to a Release of Construction Covenants. It is understood that a holder shall be deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Property which shall have been conveyed to Developer if and to the extent any such holder has within such thirty (30) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. (5) Failure of Holder to Complete Developer Improvements. In any case where, thirty (30) days after the holder of any mortgage or deed of trust creating a lien or encumbrance upon the Property receives a notice from City of a default by Developer in completion of construction of any of the Developer Improvements under this Agreement, and such holder has not exercised the option to construct as set forth in this Section 2N, or if it has exercised the option but has defaulted hereunder and failed to timely cure such default, City may purchase the mortgage or deed of trust by payment to the holder of the amount of the Purchase Price received by City at the time of Developer’s default, and such payment by City shall be City’s only obligation to be entitled to any necessary reconveyance of the Property and reconveyance of the mortgage or deed of trust securing the Developer Improvements. Holder’s recourse for any remaining principal and interest and all other sums secured by the mortgage or deed of trust shall be against Developer and Developer collateral and not against City or the Property. Nothing herein shall impact holder’s rights to proceeds as authorized in Section 3E(2)(b) from a subsequent resale of the Property by City. If the ownership of the Property has vested in the holder, City, if it so desires, shall be entitled to a conveyance from the holder to City of the Property, as applicable, upon payment to the holder of an amount equal to the sum of the following:
(a) The unpaid mortgage or deed of trust debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (b) All expenses with respect to foreclosure including reasonable attorneys’ fees; (c) The costs of any improvements made by such holder;
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18 (d) An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by City.

(6) Right of the City to Cure Mortgage or Deed of Trust Default. In the event of a mortgage or deed of trust default or breach by Developer prior to the completion of the construction of any of the Developer Improvements or any part thereof, Developer shall immediately deliver to City a copy of any mortgage holder’s notice of default. If the holder of any mortgage or deed of trust has not exercised its option to construct, City shall have the right but no obligation to cure the default. In such event, City shall be entitled to reimbursement from Developer of all proper costs and expenses incurred by City in curing such default. City shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be junior and subordinate to the mortgages or deeds of trust pursuant to this Section 2N.

3. DEFAULTS AND REMEDIES
A. Default Remedies. Subject to the extensions of time set forth in Section 4B of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party claiming a Default shall give written Notice of Default to the other party specifying the Default complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if such party within thirty (30) days from receipt of such Notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence.

B. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Fresno, State of California, or in the District of the United States District Court in which such county is located.

C. Termination by the Developer Prior to Conveyance of the Property. In the event that prior to the conveyance of the Property Developer is not in default under this Agreement and:
(1) City does not tender title pursuant to the Grant Deed in the manner and condition and by the date provided in this Agreement; or (2) one or more of the Developer Conditions of Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by Developer; or (3) any default of City prior to Closing is not cured within the time set forth in Section 3A hereof, after written demand by Developer; then this Agreement may, at the option of Developer, be terminated by written Notice thereof to City. From the date of the Notice of termination of this Agreement by Developer to City and thereafter this Agreement shall be deemed terminated and there shall be no further rights or obligations between the parties with respect to the Property by virtue of or with respect to this Agreement. Under these circumstances, Developer shall be entitled to a return of the Developer Deposit. 120 120
19 D. Termination by City Prior to Conveyance of the Property. In the event that prior to conveyance of the Property City is not in Default under this Agreement and: (1) Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the Property in violation of this Agreement; or (2) one or more of the City Conditions of Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by City; or (3) Developer is otherwise in default of this Agreement and fails to cure such default within the time set forth in Section 3A hereof; then this Agreement and any rights of Developer or any assignee or transferee with respect to or arising out of the Agreement or the Property, shall, at the option of City, be terminated by City by written Notice thereof to Developer. From the date of the Notice of termination of this Agreement by City to Developer and thereafter this Agreement shall be deemed terminated and there shall be no further rights or obligations between the parties. Under these circumstances, City shall be entitled to keep the Developer Deposit plus any accrued interest.

E. Reentry and Revesting of Title in the City for Failure to Timely Commence and Complete Developer Improvements, Begin Operation of Conforming Business Activities, or for an Unlawful Transfer.
(1) After Closing and Prior to Completion of the Developer Improvements or Opening of Conforming Business Activities. City has the right, at its election, to reenter and take possession of the Property transferred to Developer by Grant Deed pursuant to this Agreement, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing Developer (or its successors in interest) shall:
(a) Fail to obtain Construction Financing within the time required in this Agreement or fail to provide evidence satisfactory to City of Construction Financing within the time required in this Agreement.
(b) Fail to start construction of the Developer Improvements as required by this Agreement for a period of thirty (30) days after written notice thereof from City; or (c) Abandon or substantially suspend construction of the Developer Improvements required by this Agreement for a period of thirty (30) days after written notice thereof from the City, unless such abandonment or suspension is not caused by Developer’s acts or omissions or as provided for in Section 4B; or
(d) Fail to complete the Developer Improvements within the time limits set forth in the Schedule of Performance; or
(e) Fail to open Conforming Business Activities within the time limits set forth in the Schedule of Performance; or
(f) Contrary to the provisions of Section 4C, Transfer or suffer any involuntary Transfer in violation of this Agreement.
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20 (2) Conditions of Reentry and Revesting Rights. City’s right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit:
(a) Any mortgage or deed of trust permitted by this Agreement; or (b) Any rights or interests provided in this Agreement for the protection of the holders of such mortgages or deeds of trust.

City shall not unreasonably refuse any request to subordinate its right of reentry to a Cityapproved construction lender’s mortgage or deed of trust securing a loan of funds for financing construction of the Developer Improvements.

The Grant Deed shall contain appropriate reference and provision to give effect to City’s right as set forth in this Section 3E, to reenter and take possession of the Property, with all improvements thereon, and to terminate and revest in City the estate conveyed to Developer.

Upon the revesting in City of title to the Property transferred to Developer by Grant Deed as provided in this Section 3E, City shall have the sole and absolute discretion with respect to the Property, including without limitation retaining the Property for City or other public use, or disposing of the Property in its sole and absolute discretion. If City decides to sell the Property City will use reasonable efforts to resell the Property as soon and in such manner as the City may find feasible to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City and in accordance with the uses specified for the Property. Upon such resale of the Property, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Property, which is permitted by this Agreement, may be applied:
(c) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incurred by City, including, but not limited to, reasonable City staff costs and any expenditures by City in connection with the recapture, management and resale of the Property or any part thereof (but less any income derived by City from the Property or any part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Property or any part thereof which Developer has not paid (or, in the event that Property is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time or revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Property; and any amounts otherwise owing City; and in the event additional proceeds are thereafter available, then (d) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of the costs incurred for the acquisition and development of the Property transferred to Developer by Grant Deed and for the Developer Improvements existing on such the Property at 122 122
21 the time of the reentry and possession, less any gains or income withdrawn or made by Developer from the Property transferred to Developer by Grant Deed or the Developer Improvements thereon.

Any balance remaining after such reimbursements shall be retained by City as its property.

The rights established in this Section 3E are not intended to be exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Property to the Developer for redevelopment purposes, particularly for development and operation of commercial facilities, and not for speculation. (3) Perfecting Reversionary Interest. City may perfect its revisionary interest by recording a Notice of Reversionary Interest in substantially the form set forth in Attachment No.

5. F. Option to Purchase Property After Completion of Developer Improvements and Operation of Conforming Business Activities. If Developer ceases to operate conforming Business Activities in accordance with Section 2E(2), City shall have the “Option” to purchase the Property, and all improvements thereon.
(1) Exercise of Option. City may exercise this Option by delivering written notice of the exercise (“Exercise Notice”) to Developer before the expiration of the ten (10) year Conforming Business Activity provision (“Option Term”). Upon exercise of the Option, the price to acquire the Property shall be the Purchase Price paid by Developer for the Property, plus the Developer’s costs to construct the Developer Improvements, not to exceed the “Fair Market Value” of the Property (“Acquisition Cost”).
(a) “Fair Market Value” of the Property shall be established by an MAI appraiser. City and Developer shall each select an MAI appraiser to prepare an appraisal at their own cost. The Fair Market Value for purposes of this section shall be the average of the two appraisals.

Developer may forego obtaining an appraisal, in which case the Fair Market Value shall be established by City’s appraisal.
(b) Developer’s costs to construct the Developer Improvements shall be established by written receipts, and Developer shall be solely responsible for furnishing appropriate documentation to the satisfaction of the City.
(c) The principal balance of any mortgage, deed of trust, security instrument, or similar lien remaining on the Property at the close of escrow shall be deducted from the Acquisition Cost. (d) City and Developer may agree to an alternative method of determining the Acquisition Cost, or any portion thereof.
(2) Execution of Purchase Agreement. After receipt of the Exercise Notice for purchase of the Property, Developer and City shall promptly prepare and execute a purchase and 123 123
22 sale agreement (“Purchase Agreement”). The Purchase Agreement shall be on a customary commercial form used where public agencies acquire property, or otherwise in a form acceptable to Developer and City. City and Developer shall open escrow for the Property acquisition within thirty (30) days of the Exercise Notice.

G. Right of First Refusal. For a period of Fifty (50) years from the Effective Date of this Agreement, City shall have a “Right of First Refusal” to acquire the Property, including any improvements located thereon, at a Fair Market Value as described in Section 3F(1)(a). This Right of First Refusal shall apply to a proposed purchase or a single term lease in excess of ten (10) years that is not otherwise prohibited by this Agreement. (1) Notification to City. Upon Developer’s receipt of a bona fide offer to purchase or lease the Property and/or Building for a single period in excess of Ten (10) years ("Offer") from a party who is not affiliated with Developer ("Third Party"), which Offer Developer is willing to accept, Developer shall give notice to City ("Notice") that Developer intends to accept the Offer, and concurrently therewith provide City with a copy of the Offer. (2) Election of Right of First Refusal. If City elects to exercise its Right of First Refusal, it shall do so by delivering to Developer written notice of its election (“Election”) to purchase or lease the Property on terms and conditions substantially the same (identical as to purchase price or lease price) set forth in the Offer, within one hundred twentythirty (12030) days after the receipt of the Notice.

If City does not so notify Developer within said 120 days, City shall be deemed to have rejected the Offer and Developer may proceed to sell or lease the Property (free and clear of this Right of First Refusal) to the Third Party on the terms and conditions set forth in the Offer, or on terms which are better for Developer, but not worse for Developer. (3) Execution of Purchase Agreement. If City elects to exercises its Right of First Refusal, Developer and City shall promptly prepare and execute a purchase and sale or lease agreement (“Purchase Agreement”). The Purchase Agreement shall be on a customary commercial form used where public agencies acquire property, or otherwise in a form acceptable to Developer and City. City and Developer shall open escrow for the Property acquisition within Thirty (30) days of the Election.
(4) Continuation of Right of First Refusal. Upon the consummation of such purchase and sale or lease to the Third Party, this Right of First Refusal shall automatically and without further notice terminate. If, however, Developer does not consummate a sale or lease to the Third Party as aforesaid, this Right of First Refusal shall not terminate, but shall be revived and continue for the then remaining balance of term of this Right of First Refusal.

4. GENERAL PROVISIONS
A. Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially 124 124
23 acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To City: City Manager
City of Fowler
128 South 5th Street
Fowler, California 93625
Tel: (559) 834-3113
Email: [email protected]

To Developer: Abdallah Qawadri
8188 North Chance Avenue
Fresno, CA 93720
(559) 704-4362
[email protected]>
with a copy to:

David L. Emerzian, Esq.
7647 N. Fresno St.

Fresno, CA 93720

Any written notice, demand or communication shall be deemed received: immediately if delivered by hand; 24 hours after delivery to a receipted, overnight delivery service such as Federal Express; 24 hours after delivery be e-mail with an acknowledgement of receipt by the intended recipient; and on the fourth (4th) day from the date it is postmarked if delivered by registered or certified mail.

B. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; governmental restrictions or priority; litigation; acts or omissions of the other party; or acts or failures to act of City or any other public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City, but where any unreasonable delay by City on an action required by this Agreement shall toll the timeframes for an amount of time equal to such unreasonable delays).

Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer.

Notwithstanding any provision of this Agreement to the contrary, the lack of funding to complete the Developer Improvements shall not constitute grounds of enforced delay pursuant to this Section 4B.

C. Transfers of Interest in Property or Agreement.
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24 (1) Prohibition. The qualifications and identity of Developer, as well as Developer’s proposal, are of particular concern to City. Therefore, for the period commencing upon the date of this Agreement and until furnishing of the Release of Construction Covenants: (a) no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement; (b) nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Developer Improvements thereon; collectively referred to herein as a “Transfer,” without the prior written approval of the City, except as expressly set forth herein. (2) Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of a Transfer shall not be required in connection with any of the following:
(a) Any Transfer to an entity or entities in which Developer retains a minimum of fifty-one percent (51%) of the ownership or beneficial interest and retains management and control of the transferee entity or entities.
(b) Any requested assignment for financing purposes (subject to such financing being considered and approved by City pursuant to Section 2N herein), including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Developer Improvements.

In the event of a Transfer by Developer under subparagraph (a) above not requiring the City’s prior approval, Developer nevertheless agrees that at least thirty (30) days prior to such Transfer it shall give written notice to City of such assignment and satisfactory evidence that the assignee has assumed in writing, through an assignment and assumption agreement in a form satisfactory to City’s legal counsel, all of the obligations of this Agreement. Such assignment shall not, however, release the assigning Developer from any obligations to City hereunder. (3) City Consideration of Requested Transfer. City agrees that it will not unreasonably withhold approval of a request for approval of a Transfer made pursuant to this Section 4C, provided Developer delivers written Notice to City requesting such approval. Such Notice shall be accompanied by evidence regarding the proposed transferee’s development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 4C and as reasonably determined by City. City may, in considering any such request, take into consideration such factors as: (a) the quality of any new and/or replacement operator; (b) the sales tax revenues projected to be received from the Property; (c) the transferee’s past performance as developer and operator of commercial facilities; (d) the current financial condition of the transferee, and similar factors. City’s approval shall be by the City Council. City agrees not to unreasonably withhold its approval of any such requested Transfer, taking into consideration the foregoing factors.

An assignment and assumption agreement in form satisfactory to City’s legal counsel shall also be required for all proposed Transfers requiring City approval. Within thirty (30) days after the receipt of Developer’s written Notice requesting City approval of a Transfer pursuant to this 126 126
25 Section 4C, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to City such further information as may be reasonably requested.

D. Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the term “Developer” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.

E. Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of Developer, which approval shall not be unreasonably withheld.

F. Relationship Between City and Developer. It is hereby acknowledged that the relationship between City and Developer is not that of a partnership or joint venture and that City and Developer shall not be deemed or construed for any purpose to be the agent of the other.

Except as expressly provided herein or in the Attachments hereto, City shall not have any rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Developer Improvements.

G. No Third Party Beneficiaries Excepting City. Excepting only City, which shall be deemed to be a third party beneficiary of this Agreement, there shall be no third party beneficiaries of this Agreement.

H. City Approvals and Actions. City shall maintain authority over this Agreement and the authority to implement this Agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, and/or enter into certain amendments of this Agreement on behalf of City so long as such actions do not materially or substantially change the uses or development permitted on the Property, and such approvals, interpretations, waivers and/or amendments may include extensions of time to perform as specified in the Schedule of Performance. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council.

I. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. This Agreement shall be executed in three (3) originals, each of which is deemed to be an original.

J. Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the 127 127
26 representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. This Agreement includes Attachment Nos. 1 through 5, which are incorporated herein.

K. Real Estate Brokerage Commission. City and Developer each represent and warrant to the other that no broker or finder is entitled to any commission or finder’s fee in connection with Developer’s acquisition of the Property from the City. The parties agree to defend and hold harmless the other party from any claim to any such commission or fee from any other broker, agent or finder with respect to this Agreement which is payable by such party.

L. Interpretation. As used in this Agreement, the word “including” shall be construed as if followed by the words “without limitation.” This Agreement has been prepared with input from both parties, and shall be interpreted as though prepared jointly by both parties.

M. No Waiver. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

Nor shall a waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.

N. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

O. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

P. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

Q. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or 128 128
27 appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.

R. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

S. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

T. Non-Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.

U. Attorneys’ Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys’ fees.

V. Precedence of Documents. If there is any conflict between this Agreement and any supplemental escrow instructions, the order of precedence for resolving conflicts shall be as follows: first this Agreement, second the supplemental escrow instructions.

Signatures on Next Page
129 129
28 IN WITNESS WHEREOF, City and Developer have executed this Disposition and Development Agreement as of the date set forth above.

ABDALLAH QAWADRI, as assignor
__________________________ Date: ______________________ Abdallah Qawadri

QAWADRI, LLC
__________________________ Date: ______________________ Abdallah Qawadri, Member/Manager

CITY OF FOWLER
__________________________ Date: ______________________ Wilma Quan, City Manager
ATTEST:
_____________________________ Date: ______________________ Angela Vazquez, Deputy City Clerk
APPROVED AS TO FORM:

LOZANO SMITH
_________________________ Date: ______________________
Scott Cross, City Attorney
130 130
29 J:\wdocs\00250\256\AGT\00888931.DOC
131 131
ATTACHMENT NO. 1

LEGAL DESCRIPTION AND DEPICTION
OF ASSESSOR’S PARCEL NUMBERS 343-233-02ST and
343‐233‐03ST

LEGAL DESCRIPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS 132 132
133 133
1 ATTACHMENT NO. 2

FORM OF GRANT DEED
Recorded By and For the Benefit of,
And When Recorded Return to:

Abdallah Qawadri
8188 North Chance Avenue
Fresno, CA 93720

(Space Above for Recorder’s Use)____________

GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, The City of Fowler, a California municipal corporation (“City”), hereby grants to Abdallah Qawadri, LLC (“Developer”), the real property hereinafter referred to as the “Property,” described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described therein.

1. Conveyance in Accordance Disposition and Development Agreement. The Property is conveyed in accordance with and subject to a Disposition and Development Agreement entered into between City and Developer’s predecessor in interest Abdallah Qawadri, dated October __, 2021 (“DDA”), a copy of which is on file with City at its offices as a public record and which is incorporated herein by reference. The DDA generally requires the Developer to construct certain improvements (“Developer Improvements”) and other requirements as set forth therein. All terms used herein shall have the same meaning as those used in the DDA.

2. Permitted Uses. Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property or any part thereof, that upon the date of this Grant Deed and during construction through completion of development and thereafter, Developer shall devote the Property to the uses specified in this Grant Deed for the periods of time specified therein. All uses conducted on the Property, including, without limitation, all activities undertaken by Developer pursuant to the DDA, shall conform to the DDA and all applicable provisions of the City of Fowler Municipal Code. The foregoing covenants shall run with the land.

3. Restrictions on Transfer and Encumbrances. Developer further agrees as follows:

A. For the period commencing upon the date of this Grant Deed and until the furnishing of the Release of Construction Covenants for the Developer Improvements, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under the DDA or this Grant Deed, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the 134 134
2 Property or the Developer Improvements thereon, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the facilities being operated upon the Property, without the prior written approval of the City pursuant to Section 4C of the DDA.

B. Except as approved in writing by City, Developer shall not place or suffer to be placed on the Property any lien or encumbrance, including but not limited to, mortgages, deeds of trust, or any other form of conveyance required for financing of the construction of the Developer Improvements on the Property and any other expenditures necessary and appropriate to develop the Property pursuant to the DDA, except as provided in Section 2N of the DDA.

C. All of the terms, covenants and conditions of this Grant Deed shall be binding upon Developer and the permitted successors and assigns of the Developer. Whenever the term “Developer” is used in this Grant Deed, such term shall include any other successors and assigns as herein provided.

4. Nondiscrimination. Developer herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any protected class under California State or federal law in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall Developer itself or any person claiming under or through Developer, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.

5. City Right of Reentry. City has the right, at its election, to reenter and take possession of the Property, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing Developer (or its successors in interest) shall:

A. Fail to start the construction of the Developer Improvements as required by the DDA for a period of thirty (30) days after written notice thereof from City; or B. Abandon or substantially suspend construction of the Developer Improvements required by the DDA for a period of thirty (30) days after written notice thereof from the City, unless such abandonment or suspension is not caused by Developer’s acts or omissions or as provided for in Section 4B of the DDA; or
C. Fail to complete the Developer Improvements within the time limits set forth in the DDA; or
D. Fail to open Conforming Business Activities within the time limits set forth in the DDA; or
E. Contrary to the provisions of Section 4C of the DDA, Transfer or suffer any involuntary Transfer in violation of the DDA.
135 135
3 The City’s right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit:
(1) Any mortgage or deed of trust permitted by the DDA; or (2) Any rights or interests provided in the DDA for the protection of the holders of such mortgages or deeds of trust.

City shall not unreasonably refuse any request to subordinate its right of reentry to a Cityapproved construction lender’s mortgage or deed of trust securing a loan of funds for financing construction of the Developer Improvements in accordance with Section 2M of the DDA.

Upon the revesting in City of title to the Property as provided in this Section, City shall use its reasonable efforts to resell the Property as soon and in such manner as City shall find feasible to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City and in accordance with the uses specified for the Property. Upon such resale of the Property, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Property, which is permitted by this Agreement, shall be applied:
(1) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incurred by City, excluding City staff costs, but specifically, including, but not limited to, any expenditures by the City in connection with the recapture, management and resale of the Property or part thereof (but less any income derived by City from the Property or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Property or part thereof which Developer has not paid (or, in the event that the Property is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time or revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Property; and any amounts otherwise owing City; and in the event additional proceeds are thereafter available, then (2) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of the costs incurred for the acquisition and development of the Property and for the Developer Improvements existing on the Property at the time of the reentry and possession, less any gains or income withdrawn or made by Developer from the Property or the Developer Improvements thereon.

Any balance remaining after such reimbursements shall be retained by City as its property. The rights established in this Section are not intended to be exclusive of any other 136 136
4 right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Property to Developer for redevelopment purposes, particularly for development and operation of commercial uses, and not for speculation.

6. Violations Do Not Impair Liens. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest permitted by Section 3 of this Grant Deed; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

7. Covenants Run With Land. All covenants contained in this Grant Deed shall be covenants running with the land. All of Developer’s obligations hereunder except as provided hereunder shall terminate and shall become null and void upon completion of the Developer Improvements and the opening of Conforming Business Activities. Every covenant contained in this Grant Deed against discrimination contained in Section 4 of this Grant Deed shall remain in effect in perpetuity.

8. Covenants For Benefit of City. All covenants without regard to technical classification or designation shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.

9. Revisions to Grant Deed. Both City, its successors and assigns, and Developer and the successors and assigns of Developer in and to all or any part of the fee title to the Property, shall have the right with the mutual consent of City and Developer to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements or restrictions contained in this Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. However, Developer and City are obligated to give written notice to and obtain the consent of any first mortgagee prior to consent or agreement between the parties concerning such changes to this Grant Deed. The covenants contained in this Grant Deed, without regard to technical classification, shall not benefit or be enforceable by any third party not a party to the DDA.
~ Signatures on Next Page ~
137 137
5 ABDALLAH QAWADRI, LLC
__________________________ Date: _____________________
Abdallah Qawadri, Member/Manager

CITY OF FOWLER
__________________________ Date: _____________________
Wilma Quan, City Manager
ATTEST:
_______________________________ Date: _____________________ Angela Vazquez, Deputy City Clerk
APPROVED AS TO FORM:

LOZANO SMITH
__________________________ Date: _____________________
138 138
6 Exhibit A

LEGAL DESCRIPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS 139 139
1 ATTACHMENT NO. 3

SCHEDULE OF PERFORMANCE
NORTHWEST CORNER OF SOUTH 7th STREET & VINE

STREET PROPERTY

1. Execution of Agreement by City.

The City shall execute this Agreement if
approved by City Council.

Within five (5) days after City Council
approval, the City shall deliver two (2)
executed copies of this Agreement to the
Developer who shall execute and return to the
City within five (5) days.

2. Opening of Escrow.

City shall open Escrow with Escrow Agent.

Within ten (10) days after City’s receipt of
fully executed Agreement.

3. Evidence of of the Obtainment of
Construction Financing.

Developer submits evidence of Construction
Financing as required by Section 2N.

Prior to Closing.

4. Submission of Development Plans.

Developer submits Design Drawings, Site
Plan, and Construction Plans to City’s
Community Development Director.

Within (60) days of Effective Date of this
Agreement.Within (90) days of Land Use
Approvals.

5. City Approval or Disapproval of
Development Plans.

City’s Community Development Director
shall review the Design Drawings, Site Plan,
and Construction Plans, and approve or
disapprove same.

Within sixty (60) days after submittal.

6. Revisions to Development Plans.

Developer shall prepare revised Development
Plans and resubmit them to the Community
Development Director for review.

Within thirty (30) days after receipt of City
comments.
140 140
2 7. Final Review of Development Plans.

The Community Development Director shall
approve or disapprove the revisions submitted
by Developer provided that the revisions
necessary to accommodate the Director’s
comments have been made.

Within thirty (30) days after submittal by the
Developer.

8. Land Use Approvals.

Developer shall obtain any required
discretionary land use entitlements for the
Developer Improvements as required by
Section 2D.

Prior to closing.Land use entitlement
submittal shall occur not later than thirty days
(30) from the date of this agreement and must
be fully approved by the City prior to close of
escrow.

9. Conditions of Closing.

Developer and City shall satisfy all their
respective Conditions of Closing.

Not later than one hundred eighty (180) days
after Escrow is opened.Not later than one year
from the date of this agreement.

10. Close of Escrow for Conveyance of the
Property.

City shall convey the Property to Developer.

Not later than one hundred eighty (180) days
after Escrow is opened. Not later than one
year from the date of this agreement.

11. Construction Permits.

Developer shall obtain all construction and
any other permits (“Building Permits”)
necessary to commence construction of the
Developer Improvements as set forth in
Section 2D.

Not later than thirty (30) days after Closing.

12. Insurance Certificate.

Developer shall provide proof of insurance as
required by Section 2G.

Prior to the commencement of construction.

13. Commencement of Construction.

Developer shall commence construction of the
Developer Improvements.

Within thirty (30) days after issuance of the
first building permit.

14. Completion of Construction.

Developer shall complete construction of the
Developer Improvements.

Within twelve (12) months after issuance of
the first building permit.
141 141
3 15. Opening of Developer Improvements
for Business.
“Conforming Business Activities” shall
commence.

Within thirty (30) days after issuance of a
certificate of occupancy.

17. Right of First Refusal.

City shall have a Right of First Refusal to
acquire the Property as set forth in Section 3G.

For a period of fifty (50) years from Effective
Date of Agreement.

18. Release of Construction Covenants.

City shall record the Release of Construction
Covenants as set forth in Section 2M and
Attachment No. 4.

In accordance with the DDA.
142 142
4 ATTACHMENT NO. 4

RELEASE OF CONSTRUCTION COVENANTS
Recorded By and For the Benefit of,
And When Recorded Return to:

Abdallah Qawadri, LLC
8188 North Chance Avenue
Fresno, CA 93720

(Space Above for Recorder’s Use)____________

RELEASE OF CONSTRUCTION COVENANTS
THIS RELEASE OF CONSTRUCTION COVENANTS (“Release”) is made by the City of Fowler, a California municipal corporation (“City”), in favor of Abdallah Qawadri, LLC (“Developer”), as of the date set forth below.

RECITALS
A. City and Developer predecessor in interest, Abdallah Qawadri, have entered into that certain Disposition and Development Agreement dated October __, 2021 (“DDA”) concerning the development of certain real property situated in the City of Fowler, California as more fully described in Exhibit A attached hereto and made a part hereof.

B. As referenced in Section 2M of the DDA, City is required to furnish Developer or its successors with a Release of Construction Covenants upon completion of construction of the Developer Improvements, which Release is required to be in such form as to permit it to be recorded in the Recorder’s office of Fresno County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA for the Developer Improvements.

C. City has conclusively determined that such construction and development of the Developer Improvements has been satisfactorily completed.

NOW, THEREFORE, the City hereby certifies as follows:

1. The Developer Improvements to be constructed by Developer have been fully and satisfactorily completed in conformance with the DDA. Any operating requirements and all use, maintenance or nondiscrimination covenants contained in the DDA and other documents executed and recorded pursuant to the DDA shall remain in effect and enforceable according to their terms.

2. Nothing contained in this Release shall modify in any other way any other provisions of the DDA.
143 143
5 IN WITNESS WHEREOF, the City has executed this Release this __ day of __________ 202_.

CITY OF FOWLER, a California municipal corporation
By: ___________________________________________
Wilma Quan, City Manager
ATTEST:
_____________________________
City Clerk
APPROVED BY DEVELOPER:

ABDALLAH QAWADRI, LLC
__________________________
Abdallah Qawadri, Member/Manager
144 144
6 Exhibit A

LEGAL DESCRIPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS 145 145
ATTACHMENT NO. 5

NOTICE OF REVERSIONARY INTEREST
Recorded By and For the Benefit of,
And When Recorded Return to:

CITY OF FOWLER
128 South 5th Street
Fowler, California 93625
ATTN: City Clerk

(Space Above for Recorder’s Use)____________

NOTICE OF REVERSIONARY INTEREST
APNs 343-233-02ST and 343-233-03ST

RECITALS
WHEREAS, the City of Fowler, a California municipal corporation (“City”), and Abdallah Qawadri, LLC (“Developer”), (“Developer”), entered into that certain Disposition and Development Agreement dated October __, 2021 (“DDA”) concerning the development of certain real property situated in the City of Fowler, County of Fresno, State of California (“Property”) as more fully described in Exhibit A attached hereto and made a part hereof; and WHEREAS, pursuant to Section 2 of the DDA, Developer failed to complete certain Improvements by specified dates or otherwise failed to timely cure a breach of the DDA, and therefore Title to the Property has reverted back to City.

NOW, THEREFORE, City does hereby give notice that Title has reverted to City for the Property and City intends to exercise all rights to the Property.

IN WITNESS WHEREOF, City has duly executed this instrument this __ day of ________, 202_.

CITY OF FOWLER
By: ____________________________________
Wilma Quan, City Manager
146 146
Exhibit A

LEGAL DESCRIPTION

LEGAL DESCRIPTION
NORTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS SOUTH CITY OWNED PARCEL AT VINE AND 7TH

THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORINIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF PARCEL MAP NO. 97‐1 MAP THEREOF FILED DECEMBER 26, 1997 IN BOOK 58 OF PARCEL MAPS AT PAGE 52, FRESNO COUNTY RECORDS 147 147

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 6-F

REPORT TO THE CITY COUNCIL
March 15, 2022
FROM THOMAS W. GAFFERY IV, Community Development Director

SUBJECT
APPROVE First Amendment to the Professional Services Agreement with Robina Wright Architect & Associates, Inc. dated December 6, 2021 for on-call plan check services, increasing the contract amount by $26,000 for a total contract amount not to exceed $75,000.

RECOMMENDATION
Staff recommend City Council approve the First Amendment to the Professional Services Agreement with Robina Wright Architect & Associates, Inc. dated December 6, 2021 for on-call plan check services, increasing the contract amount by $26,000 for a total contract amount not to exceed $75,000.

BACKGROUND
On-call plan check services are utilized intermittently based on the size of a plan check project, complexity of the review involved, certifications necessary to conduct the plan check, and staff time required to complete the plan check in a timely manner. On-call plan check services are utilized once a project is submitted by a developer, and all on-call plan check expenses are fully offset by the City’s plan check fees. In addition, the City’s plan check fees also cover City staff time and overhead related to plan check processing.

Under the prior administration, plan check providers were not engaged under contract. Pursuant to the procurement policy, and under the City Manager’s authority, a contract with Robina Wright Architect & Associates, Inc. in the amount of $49,000 was executed on December 6, 2021 for oncall plan check services. The firm’s prior experience with the City, value compared to other plan check providers, responsiveness, and problem solving skills, made them uniquely qualified to 148
Approve First Amendment with Robina Wright Architect & Associates, Inc.

March 15, 2022

perform on-call plan check services. Fiscal year paid to date is $27,396.14. Based on current plan check workflow, staff anticipate exceeding the $49,000 contract amount and are therefore bringing this Amendment to City Council.

ENVIRONMENTAL REVIEW
This does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
The cost of on-call plan check services are fully offset by plan check fees paid by developers.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Agreement
- First Amendment
149
150
151
152
153
154
155
156
157
158
159

FIRST AMENDMENT TO THE

CITY OF FOWLER

PROFESSIONAL SERVICES AGREEMENT
A. The City entered into an agreement for on-call plan check services with Robina Wright Architect & Associates, Inc. on December 6, 2021.

B. The total amount paid by the City to Robina Wright Architect & Associates, Inc. as stated in Section 4 of the Agreement is revised to not exceed seventy-five thousand dollars ($75,000).

C. All other terms and conditions remain unchanged. It is the intention of the parties that except for the changes explicitly listed above, all other terms and conditions of the Agreement and any other Exhibits, Attachments or Addenda thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment as of the last date set forth below.

Dated: , 2022 CITY OF FOWLER
By
Wilma Quan
City Manager
City of Fowler
128 South 5th Street
Fowler, CA 93625
Dated: , 2022 ROBINA WRIGHT ARCHITECT & ASSOCIATES, INC.

By
Robina Wright
Robins Wright Architect & Associates, Inc.
4025 North Fresno Street #107
Fresno, CA 93726
160

CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-Ai

REPORT TO THE CITY COUNCIL
March 15, 2022
FROM SCOTT CROSS, City Attorney

SUBJECT
APPROVE Items Pertaining to City Manager Employment Agreement and Salary Classification Schedule A. Approve Payment of $5,000 Performance Bonus Pursuant to City Manager Employment Agreement Dated February 16, 2021.

B. Approve Resolution No. 2552 Adopting Salary Classification Schedule for All Employees.

C. Approve First Amendment to City Manager Employment Agreement with Wilma Quan.

RECOMMENDATION
For the City Council to approve the payment of a $5,000 performance bonus to Wilma Quan pursuant to the terms of her City Manager Employment Agreement; approve Resolution No. 2552 adopting the new salary classification schedule for all employees; and approve a First Amendment to City Manager Employment Agreement with Wilma Quan

BACKGROUND
Ms. Quan was selected as the new City Manager in February 2021 following a competitive search and recruitment process. She began as City Manager on March 1, 2021. The terms of her current employment agreement provide that she is eligible to receive a $5,000 performance bonus if approved by the City Council following her first year performance evaluation. The performance evaluation has been completed, and the City Council is authorized to approve the payment of the performance bonus. If approved, payment will be made this month.

Upon her appointment last year, Ms. Quan was placed at Step E of the City Manager classification on the City’s salary classification schedule. Step E is the highest step on the schedule. Her employment agreement provides she is eligible to receive a salary increase on the basis of an annual performance evaluation as approved by the City Council. Consideration and approval of a modification to the City Manager classification on the salary schedule is necessary to accommodate any salary increase. 161
APPROVE Items Pertaining to City Manager Employment Agreement and Salary Classification Schedule
March 15, 2022

On March 1, 2022, the City Council approved a 2% cost of living adjustment increase to the City’s salary classification schedule for all employees. The salary classification schedule has been modified to remove steps A-D from the City Manager salary classification. Salaries for those steps may be updated as part of the upcoming classification and compensation study in the coming months. In the meantime, to accommodate an increase in salary, Step E will be the monthly salary agreed upon in Ms. Quan’s employment agreement, which is proposed to be $15,356.

Finally, the First Amendment to City Manager Employment Agreement includes the following changes in the compensation and benefits to be paid to Ms. Quan:
• Monthly Salary of $15,356 ($184,272 annually) (Step E of the proposed salary schedule for City Manager);
• Elimination of the $5,000 performance bonus payment;
• Reduction of monthly automobile allowance from $750.00 to $500.00; • If Quan opts out of City paid employee and dependent health benefits (net annual savings to the City of approximately $20,443) City will begin making a monthly contribution of $1,708.33 ($20,500.00 annualized) to a qualified Internal Revenue Code Section 457 eligible deferred compensation plan of Quan’s selection. Monthly 457 Plan contributions will cease if City paid employee or dependent health coverage is thereafter selected.

Please also note the initial advancement/allocation of 96 hours of administrative leave upon her initial hire was already made as a one-time advancement, and she will now continue to receive the normal administrative leave allocation of 96 hours each July 1 in accordance with applicable City policy.

REASONS FOR RECOMMENDATION
The performance evaluation for the City Manager has been completed. She is eligible to receive the performance bonus if approved by the City Council. Also, she is eligible to receive a salary increase as approved by the City Council and agreed upon in an amendment to her employment agreement.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
Approval will result in a one-time $5,000 performance bonus payment to Ms. Quan, and a 5% increase in monthly compensation in the form of salary above the monthly compensation total the City currently pays Ms. Quan.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2552
- Resolution No. 2552 Exhibit A
- First Amendment to City Manager Employment Agreement
162

RESOLUTION NO. 2552

A RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER

ADOPTING SALARY CLASSIFICATION SCHEDULE FOR ALL EMPLOYEES WHEREAS, Government Code Section 36506 requires the City Council, by resolution or ordinance, to fix the compensation for all appointive officers and employees of the city; and WHEREAS, the Salary Classification Schedule attached as Exhibit “A” to this Resolution has been reviewed and considered by the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fowler as follows:

1. The Salary Classification Schedule attached hereto as Exhibit “A” is adopted.

2. All prior resolutions concerning compensation of City employees that are in conflict with this Resolution or the attached Salary Classification Schedule are hereby repealed, and this Resolution shall be effective March 15, 2022.

The foregoing Resolution was duly passed, approved, and adopted on the 15th day of March 2022, at a regular meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

___________________________
David Cardenas, Mayor
ATTEST:
____________________________
Angela Vasquez, Deputy City Clerk
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SALARY CLASSIFICATIONS & CORRESPONDING STEP PER POSITION FISCAL YEAR 2021‐2022
After COLA 2% Effective 3/1/2022 REV 3/15/2022

MONTHLY PAY

FULL TIME STEP STEP STEP STEP STEP

POSITION TITLE A B C D E
CITY MANAGER * ‐ ‐   ‐   ‐   15,356
CITY CLERK/ASST PERSONNEL DIR 7,378 7,748 8,136 8,543 8,973 EXEC & HR ASST/DEP CITY CLERK 4,936 5,183 5,444 5,715 5,998 FINANCE DIRECTOR 8,035 8,437 8,860 9,300 9,766
ACCOUNT CLERK 3,247 3,412 3,578 3,760 3,945
ADMINISTRATIVE ASSISTANT 3,533 3,710 3,895 4,093 4,296
ACCOUNTING TECHNICIAN 4,708 4,945 5,194 5,452 5,726
SECRETARY/PLANNING ASSISTANT 3,810 4,001 4,200 4,411 4,632 COMMUNITY DEVELOPMENT DIRECTOR 7,817 8,207 8,619 9,049 9,501 BUILDING OFFICIAL 5,309 5,574 5,854 6,146 6,454
POLICE CHIEF + 5% POST 8,419 8,837 9,282 9,747 10,233
POLICE LIEUTENANT 5,449 5,720 6,007 6,310 6,623
POLICE LIEUTENANT + 5% POST 5,720 6,007 6,310 6,623 6,956 POLICE SERGEANT 4,700 4,937 5,183 5,444 5,716
POLICE SERGEANT + 2% POST 4,796 5,034 5,287 5,552 5,830 POLICE SERGEANT + 5% POST 4,937 5,183 5,444 5,716 5,999 POLICE CORPORAL 4,452 4,678 4,908 5,153 5,413
POLICE CORPORAL + 2% POST 4,543 4,769 5,009 5,258 5,522 POLICE CORPORAL + 5% POST 4,678 4,908 5,153 5,413 5,684POLICE OFFICER 4,239 4,452 4,678 4,908 5,153 POLICE OFFICER + 2% POST 4,326 4,543 4,769 5,009 5,258
POLICE OFFICER + 5% POST 4,452 4,678 4,908 5,153 5,413
PUBLIC WORKS DIRECTOR 7,378 7,748 8,136 8,543 8,973
PUBLIC WORKS SUPERVISOR 5,444 5,716 5,999 6,302 6,617
MAINTENANCE WORKER I 3,037 3,191 3,354 3,519 3,695
MAINTENANCE WORKER II 3,412 3,578 3,760 3,945 4,142
MAINTENANCE WORKER III 4,029 4,232 4,443 4,666 4,898
WATER OPERATOR 4,257 4,471 4,693 4,930 5,177
SENIOR CENTER/RECREATION COORDINATOR 3,205 3,365 3,533 3,761 3,895 *City Manager salary set by city council approved employment agreement Exhibit A
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FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
This First Amendment to City Manager Employment Agreement (“First Amendment”) is entered into effective March 15, 2022, by and between the City of Fowler, a municipal corporation (“City”) and Wilma Quan (“Quan”), with respect to the following Recitals, which are a substantive part of this First Amendment:

RECITALS
A. City and Quan entered into a City Manager Employment Agreement on February 16, 2021 (“Agreement”), under which City placed Quan at Step E of the City Manager’s salary schedule.

B. City and Quan both desire to make amendments to the Agreement.

NOW, THEREFORE, in view of the above recitals and in consideration for the mutual promises set forth in the Agreement and this First Amendment, City and Quan agree as follows:

AGREEMENT

1. Section 3 of the Agreement is amended to read as follows:

3. Salary. Quan shall be placed at Step E ($15,356.00 monthly salary) of the City Manager classification on the City’s adopted salary classification schedule. Quan shall be eligible to receive an increase in salary and/or benefits and consideration of advancement on any subsequently adopted salary classification schedule on the basis of an annual performance evaluation as approved by the City Council. Quan shall be entitled to cost of living adjustments as approved for all employee salary classifications of the City. Quan’s participation in any salary reductions or other cost saving measures during her employment with City shall be completely voluntary at Quan’s sole discretion.

Nothing herein shall be deemed to impair the City’s authority to revise the City Manager’s salary schedule.

2. Section 7 of the Agreement is amended to read as follows:

7. Automobile Allowance. Quan shall, at her expense, provide an automobile for use in carrying out her duties as City Manager, and in connection therewith. City shall pay Quan a monthly automobile allowance of Five Hundred Dollars ($500.00) for Quan’s use of a personal vehicle for City business. Quan shall not be entitled to reimbursement for automobile use or mileage reimbursement for business travel. No documentation is required in order to receive this automobile allowance and Quan shall have the sole discretion regarding the expenditure of this allowance. Quan shall be solely responsible for all expense to use, maintain, operate, and insure the vehicles and automobiles used by Quan. This allowance is not considered additional compensation for the purposes of PERS, but shall be taxable according to IRS and 165
2 Franchise Tax Board regulations.

3. Section 8 of the Agreement is amended to read as follows:

8. Health, Retirement, and Other Benefits. City shall provide Quan and her eligible dependents with the same health, dental, life, and vision insurance coverage and benefits as are provided other executive management employees of the City, including the City paying the annual premium for a $50,000.00 term life insurance policy covering Quan during her period of employment with the City as City Manager. Quan shall have the sole discretion in designating any beneficiary(ies) under such life insurance policy.

Quan is entitled to receive any monthly opt-out compensation paid to employees who opt-out of City paid health, dental, and vision insurance coverage. Quan understands and acknowledges that all such health, dental, life, and vision insurance coverages and optout compensation are subject to change in the future and may be modified from time to time.
(a) If Quan opts out of City paid employee and dependent health benefits City will begin making a monthly contribution of $1,708.33 ($20,500.00 annualized) to a qualified Internal Revenue Code Section 457 eligible deferred compensation plan of Quan’s selection. Such monthly contribution shall be made on the first of each month beginning the first month after Quan opts-out of City paid employee and dependent health benefits. City’s monthly contribution to the 457 eligible deferred compensation plan shall immediately cease upon Quan and/or any of her eligible dependents choosing to become covered or otherwise being reinstated to any City paid health insurance coverage.

4. Except as amended in this First Amendment all other provisions of the Agreement shall continue in full force and effect.

CITY OF FOWLER CITY MANAGER
By: _______________________________ By: _________________________ David T. Cardenas, Mayor Wilma Quan

APPROVED AS TO FORM
___________________________________
Scott G. Cross, City Attorney
J:\wdocs\00603\006\agt\00932644.DOCX
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CITY COUNCIL OF THE CITY OF FOWLER
ITEM NO: 8-Bi

REPORT TO THE CITY COUNCIL
March 15, 2022
FROM DAVID PETERS, City Engineer

SUBJECT
CONSIDER alternatives and provide staff direction regarding potential request to Caltrans to add median treatment to the State Route 99 improvement project.

RECOMMENDATION
Select an alternative and direct staff to request adding median barrier treatments within Fowler city limits.

BACKGROUND
Caltrans is currently beginning construction on an improvement project on State Route 99 from Fowler to Selma to add additional lanes to the freeway. The project will construct a concrete median barrier in the area currently occupied by oleanders to accommodate the additional lane. There is an opportunity to add City themed stenciling on the barrier within the Fowler city limits. The project will cost $67M and will be completed by Fall 2023.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

FISCAL IMPACT
None. The median treatments would be paid for as part of the Caltrans project. 167
SR99 Median Barrier Treatment
March 15, 2022

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- None
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