CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, January 11, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630
1. OPENING CEREMONIES
A. Welcome - Mayor
B. Call to Order
6:00 p.m.
C. Roll Call
All present
D. Invocation
At this time the Council wishes to provide anyone an opportunity to give a brief invocation or inspirational thought. In accordance with law, we would request this opportunity not be used to recruit converts, to advance anyone, or to disparage any other faith or belief. If no one steps forward, we will observe a moment of silence so that we may all focus our thoughts on how best to serve our community.
Moment of silence for former Council Member David Durham E. Pledge of Allegiance
2. AGENDA APPROVAL / ADDITIONS / DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.
None
3. PRESENTATIONS / CEREMONIAL MATTERS
None
4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.
Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.
None
5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.
Approved. Motion made by Council Member Yep, Seconded by Council Member Coleman. Voting Yea: Council Member Nijjer, Council Member Herrera, Mayor Pacheco A. SUBJECT: Minutes December 14, 2022 (MR)
RECOMMENDATION: Council approve minutes as presented.
B. SUBJECT: Warrants (JA)
1. Nos. 25636-25798 $978,217.92 ACH $230,265.01
RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
11/13/22 - 11/26/22: $179,541.98; Retro Pay & Other: $1,933.89; Overtime: $5,638.51; Holiday at 1/2 Time: $2,394.65; Standby: $1,417.14; Comp Time Earned: 77.06; Uniform Pay:
$7,726.40; Holiday Pay: $21,820.45
11/27/22 - 12/10/22: $185,254.39; Retro Pay & Other: $2,719.36; Overtime: $8,914.50; Standby: $1,263.07; Comp Time Earned: 53.63.
RECOMMENDATION: Council approve payroll report as presented.
D. SUBJECT: Monthly Investment Report (JA)
RECOMMENDATION: Council approve monthly investment report as presented.
E. SUBJECT: Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2022 California Building Standards Code By Reference (JRO) RECOMMENDATION: City Council by motion waive second reading and adopt an Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2022 California Building Standards Code by reference.
Ord 23-01
F. SUBJECT: Remote City Council Meetings Under New Brown Act Requirements (AB 361) (MR) RECOMMENDATION: Council by motion adopt resolution reauthorizing remote teleconference public meetings by the City Council and all boards, commissions, and standing committees of the City in accordance with Assembly Bill 361.
Res 23-01
G. SUBJECT: Consider Concurring with North Central Fire Protection District Board’s Ordinance No. 2022-01 Adopting the 2022 California Fire Code and Concurring with Resolution No. 22-13 Finding that Modifications or Changes to the California Fire Code are Reasonably Necessary as Amended (JRO)
RECOMMENDATION: City Council by motion approve a resolution concurring with North Central Fire Protection District Board’s Ordinance No. 2022-01 Adopting the 2022 California Fire Code and concurring with Resolution No. 22-13 finding that modifications or changes to the California Fire Code are reasonably necessary as amended.
Res 23-02
H. SUBJECT: Resolution Authorizing the City Manager to Complete and Sign Applications and Administer the New Alternative Fuel Vehicle Purchase Program through San Joaquin Valley Air Pollution Control District (JA)
RECOMMENDATION: Council by motion adopt resolution authorizing City Manager to complete and sign applications and administer the new alternative fuel vehicle purchase program through San Joaquin Valley Air Pollution Control District
Res 23-03
I. SUBJECT: Participation in Fresno County’s Urban County Development Block Grant for Program Years 2024-25, 2025-26, 2026-27 (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving participation in a Joint Powers Agreement for administration of the County Community Development Block Grant program for Program Years 2024-25, 2025-26, 2026-27.
Res 23-04
J. SUBJECT: Award of Contract for the Hart Ranch Community Park Orchard Removal to JFS Enterprises, Inc. (JJ)
RECOMMENDATION: Council by motion adopt the resolution awarding the contract for the Hart Ranch Community Park Orchard Removal to JFS Enterprises, Inc. in the amount of $50,000.00 and authorize the City Manager to sign the contract.
Res 23-05
6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.
None.
A. SUBJECT: Ordinance Text Amendment to Amend Ordinance Sections 17.46.030, 17.48.030,
17.50.030, 17.90.020 of Title 17 of the Kerman Municipal Code and Adding Chapter 17.100 to Title 17 of the Kerman Municipal Code Relating to Alcohol Beverage Sales (JRO) RECOMMENDATION: City Council conduct a public hearing, waive full reading, and introduce an Ordinance Text Amendment amending Ordinance Sections 17.46.030, 17.48.030, 17.50.030,
17.90.020 of Title 17 of the Kerman Municipal Code and adding Chapter 17.100 to Title 17 of the Kerman Municipal Code related to Alcohol Beverage Sales.
GY recused, left meeting at 6:25 p.m. Open PH; Mr. Leighly addressed Council. Closed PH.
Approved. Motion made by Council Member Nijjer, Seconded by Council Member Coleman.
Voting Yea: Council Member Herrera, Mayor Pacheco. Voting Abstaining: Council Member Yep. 6:47 p.m. Council Member Yep returned to meeting.
7. DEPARTMENT REPORTS
A. SUBJECT: Presentation of the City of Kerman 2021-2022 Auditor’s Report and Financial Statements
RECOMMENDATION: Council accept the City of Kerman 2021-2022 Auditor’s Report and Financial Statements as presented.
Presented. Approved. Motion made by Mayor Yep, Seconded by Council Member Nijjer.
Voting Yea: Council Member Coleman, Council Member Herrera, Mayor Pacheco B. SUBJECT: Resolution Appointing Members to the Planning Commission and Announcement of Votes (MR)
RECOMMENDATION: Council by motion adopt resolution appointing two applicants to the Planning Commission for three-year terms ending December 31, 2025.
Motion made by Council Member Yep, appointing Kevin Nehring Seconded by Council Member Coleman. Voting Yea: Council Member Nijjer, Council Member Herrera, Mayor Pacheco
Motion made by Council Member Herrera, appointing Robert Bandy Seconded by Council Member Coleman. Voting Yea: Council Member Nijjer, Council Member Yep, Mayor Pacheco Res 23-06
C. SUBJECT: Request for Funding - Kerman Youth Football RECOMMENDATION: Council review request and direct staff accordingly.
Motion made by Council Member Yep, to donate $500 each to Junior and Senior Cheer Teams, Seconded by Council Member Coleman. Voting Yea: Council Member Nijjer, Council Member Herrera, Mayor Pacheco
D. SUBJECT: Updated City Expense Reimbursement Policy (JAJ) RECOMMENDATION: City Council by motion adopt resolution approving and adoption an updated City policy concerning expense reimbursements for the Mayor, Councilmembers, members of the Boards and Commissions, and employees for City related travel and business which shall supersede any existing City policy(ies).
Motion made by Council Member Nijjer, Seconded by Council Member Coleman. Voting Yea: Council Member Yep, Council Member Herrera, Mayor Pacheco Res 23-07
E. SUBJECT: Amendment of Authorized Position List to add Code Enforcement Staff Position and Amendment to FY 22-23 Budget to Fund said Position (JAJ) RECOMMENDATION: Council by motion adopt resolution amending the Authorized Position List to add the position of Code Enforcement Official and amending the FY 22-23 Budget in the amount of $40,000.00 to fund the positon.
Motion made by Council Member Yep, Seconded by Council Member Coleman. Voting Yea:
Council Member Nijjer, Mayor Pacheco. Absent: Council Member Herrera (Zoom connection lost)
Res 23-08
F. SUBJECT: Consideration of Reasonable Accommodations Policy for City Meetings Subject to the Brown Act to Comply with AB 2449 (JAJ)
RECOMMENDATION: Council by motion approve resolution adopting reasonable accommodations policy for City meetings subject to the Brown Act to comply with Assembly Bill No. 2449.
Motion made by Council Member Yep, Seconded by Council Member Nijjer. Voting Yea:
Council Member Coleman, Council Member Herrera, Mayor Pacheco Res 23-09
G. SUBJECT: Council Assignment for Committees, Commissions and Boards (MR) RECOMMENDATION: Council discuss various assignment and by minute order approve appointments.
Motion made by Council Member Yep, Seconded by Council Member Nijjer. Voting Yea:
Council Member Coleman, Council Member Herrera, Mayor Pacheco
8. CITY MANAGER / STAFF COMMUNICATIONS
9. MAYOR / COUNCIL REPORTS
10. CLOSED SESSION
A. Government Code Section 54957
PUBLIC EMPLOYEE EVALUATION
Title: City Manager
8:20 p.m. Closed Session.
8:45 p.m. Reconvened from Closed Session: No reportable action.
11. ADJOURNMENT
AGENDA POSTING CERTIFICATION
I, Marci Reyes, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.
Date: January 6, 2023 /s/ Marci Reyes, City Clerk
MINUTES CERTIFICATION
I, MARCI REYES, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above Minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.
Date: January 12, 2023
____________________
Marci Reyes
City Clerk