Kerman City Council
July 10, 2024

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, July 10, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.

1. OPENING CEREMONIES
A. Call to Order
B. Roll Call
C. 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.

D. Flag Salute

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.

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Certificate Presentation: Allison Lemm & Andrew Molloy B. Recognition of Officer Gempis
1 4. PUBLIC FORUM (for matters not on agenda)
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.

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.

A. SUBJECT: Minutes - June 26, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 29589-29690 $736,770.70 ACH $108,907.64.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
06/09/2024 to 06/22/2024: $206,481.98; Retro Pay & Other: $2,290.07; Overtime:
$13,391.54; Standby: $1,916.68; Comp Time Earned: 60
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Adopt Resolution Authorizing City Manager to Sign and File a Financial Assistance Application to the State Water Resources Control Board Drinking Water State Revolving Fund for the Water Quality Improvement Project (MB)
RECOMMENDATION: Council by motion adopt resolution authorizing the City Manager to sign and file a Financial Assistance Application to the State Water Resources Control Board (SWRCB) Drinking Water State Revolving Fund (DWSRF) for the Water Quality Improvement Project. 2 E. SUBJECT: Resolution of Intention to Levy and Collect the Annual Assessments for Landscape and Lighting District No. 1 (JG)
RECOMMENDATION: Council by motion adopt resolution of intention to levy and collect the annual assessments for Landscape and Lighting District No. 1 and set the date for the required public hearing for July 24, 2024.

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.

A. SUBJECT: Consideration of a Code Text Amendment application to amend Section 17.24.030 of Chapter 17.24 of Title 17 of the Kerman Municipal Code relating to fence materials and add Section 17.40.080 to Chapter 17.40 of Title 17 of the Kerman Municipal Code relating to electrified security fences (MC)
RECOMMENDATION: City Council conduct a public hearing, waive full reading, and introduce a Code Text Amendment application (OTA 2024-03) amending Section 17.24.030 of Chapter

17.24 of Title 17 of the Kerman Municipal Code relating to fence materials and add Section

17.40.080 to Chapter 17.40 of Title 17 of the Kerman Municipal Code relating to electrified security fences.

7. DEPARTMENT REPORTS
A. SUBJECT: Resolution Approving Cellular Tower Lease with T-Mobile West LLC, a Delaware limited liability company, for property located at 15061 West “C” Street, Kerman, also known as Assessor’s Parcel Numbers 023-204-14SU and 023-204-16SU (JAJ) RECOMMENDATION: Council by motion adopt resolution approving Cellular Tower Lease with T-Mobile West LLC, a Delaware limited liability company, for property located at 15061 West “C” Street, Kerman California also known as Assessor’s Parcel Numbers 023-204-14SU and 023- 204-16SU.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii)to request updates, (iii) to initiate future agenda items at the request of a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 3 10. CLOSED SESSION
A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Miscellaneous Employees Association B. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Peace Officers Association C. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Eric Antuna, Appellant v. City of Kerman, Respondent
Court of Appeal, Fifth Appellate District Case No. F086661

11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9450. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9450 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

AGENDA POSTING CERTIFICATION
I, Dalia Santana Zamudio, Deputy 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: July 5, 2024 /s/ Dalia Santana Zamudio, Deputy Clerk 4 1. OPENING CEREMONIES
A. Call to Order - 6:03 p.m.

B. Roll Call - All present except Councilmember Herrera.

C. Invocation - Performed by Mayor Pacheco.

D. Flag Salute – Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion to add item 7.B Resolution Initiating Proceedings for the Annual Levy of Assessments for Landscape and Lighting District No. 1 to the agenda by Councilmember Yep, Seconded by Councilmember Nijjer.

Ayes: Yep, Nijjer, Coleman, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1
Motion to approve agenda by Councilmember Nijjer, Seconded by Councilmember Coleman.

Ayes: Nijjer, Coleman, Yep, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1

3. PRESENTATIONS/CEREMONIAL MATTERS
A. July is Park and Recreation Month (TJ) – Presented.

B. Kiana Crisosto Proclamation (JAJ) – Presented.

C. Jazmine Badhesha Proclamation (JAJ) – Presented.

Recess at 6:23 p.m.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, June 26, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 5 Section 5, Item A.

Reconvene at 6:27 p.m.

4. PUBLIC FORUM (for matters not on agenda) – None.

5. CONSENT CALENDAR
A. SUBJECT: Minutes - June 12, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 29462-29588 $727,422.86 ACH $136,120.34.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
05/12/24 - 05/25/24: $198,430.36; Retro Pay & Other: $209.69; Overtime: $10,601.42; Standby: $1,949.53; Comp Time Earned: 41.63
05/26/24 - 06/08/24: $199,017.20; Retro Pay & Other: $1,436.22; Overtime: $11,378.50; Holi1/2: $1,613.34 Standby: $1,662.43; Comp Time Earned: 40.50 RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Amending 2023/2024 Miscellaneous, Public Safety and Management Salary Schedules (JA)
RECOMMENDATION: Council by motion adopt resolution approving the 2024/2025 Salary Schedules for Employees in Miscellaneous and Public Safety Bargaining Units and for Management employees effective July 1, 2024. – Res. 24-49 F. SUBJECT: Approval of Project List for Fiscal Year 2024/2025 Funded by SB-1-The Road Repair and Accountability Act of 2017 (JA)
RECOMMENDATION: Council by motion adopt resolution approving project list for Fiscal Year 2024/2025 funded by SB1-The Road Repair and Accountability Act of 2017. – Res. 24-50 Motion made by Councilmember Yep, Seconded by Councilmember Coleman.

Ayes: Yep, Coleman, Nijjer, Pacheco
6 Section 5, Item A.

Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1

6. PUBLIC HEARINGS - None.

7. DEPARTMENT REPORTS
A. SUBJECT: Workplace Violence Prevention Plan (JAJ & AC) RECOMMENDATION: Consider adoption of resolution approving Workplace Violence Prevention Plan effective July 1, 2024 and rescinding and superseding Section 8.9 (1-4) of City Personnel Rules and Regulations. – Res. 24-51
Motion made by Councilmember Yep, Seconded by Councilmember Nijjer.

Ayes: Yep, Nijjer, Coleman, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1
B. SUBJECT: Resolution Initiating Proceedings for the Annual Levy of Assessments for Landscape and Lighting District No. 1 (JG)
RECOMMENDATION: Council by motion adopt the resolution to initiate proceedings for the annual levy of assessments for Landscape and Lighting District No. 1 and authorize the City Engineer to file his annual report. – Res. 24-52
Motion made by Councilmember Yep, Seconded by Councilmember Coleman.

Ayes: Yep, Coleman, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS

10. CLOSED SESSION - 6:44 p.m.

A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of Case: Moreno v. City of Kerman
Workers Comp Claim Nos. 220044 & FR220163
7 Section 5, Item A.

B. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Miscellaneous Employees Association C. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Peace Officers Association Reconvene at 8:13 p.m. with no reportable action. Four members were present.

11. ADJOURNMENT - 8:13 p.m.

MINUTES CERTIFICATION
I, Josie Camacho, 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: June 27, 2024 /s/ Josie Camacho, City Clerk
8 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
6/28/2024 4:04 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 06/14/2024 8,724.38 ACH 10517 FEDERAL TAXES PAYROLL 06/14/2024 56,161.02
ACH 10518 KERMAN POLICE OFFICERS ASSN 06/14/2024 625.50 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN06/14/2024 285.00 ACH 10520 ICMA-RC 06/14/2024 1,659.40
Total for 6/14/2024: 67,455.30
ACH 10522 CALPERS 06/18/2024 34,848.72
Total for 6/18/2024: 34,848.72
29589 11525 ADOLPHS A-1 TREE SERVICE 06/19/2024 1,500.00 29590 10040 AT&T MOBILITY 06/19/2024 1,934.60
29591 10504 AUTOZONE 06/19/2024 166.95
29592 11917 BLAIS & ASSOCIATES LLC 06/19/2024 6,964.75
29593 10617 C A REDING CO INC 06/19/2024 37.69
29594 10096 CHILDS AND COMPANY INC 06/19/2024 58.00
29595 10452 CITY OF FRESNO WMD 06/19/2024 299.00
29596 11690 CLAWSON MOTORSPORTS 06/19/2024 726.58
29597 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 06/19/2024 717.04 29598 10826 CROWN SERVICES CORPORATION 06/19/2024 312.69 29599 11441 D & R DOOR SERVICE INC 06/19/2024 2,500.00
29600 10715 DC HEATING AND COOLING 06/19/2024 562.50
29601 10128 DEPARTMENT OF JUSTICE 06/19/2024 505.00
29602 12543 DG CONSTRUCTION INC, 06/19/2024 91,704.29
29603 11398 FASTSIGNS 06/19/2024 232.99
29604 10916 FOLSOM LAKE FORD 06/19/2024 249,916.35
29605 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 06/19/2024 137.00 29606 10166 FRESNO-MADERA AGENCY ON AGING 06/19/2024 124.68 29607 12379 GILL CHEVROLET 06/19/2024 180.00
29608 10185 GRAINGER 06/19/2024 340.05
29609 11358 GREAT AMERICA FINANCIAL SERVICES06/19/2024 187.44 29610 12151 H O GENERAL AUTO REPAIR AND TIRES06/19/2024 89.00 29611 12144 HELENA AGRI ENTERPRISES 06/19/2024 92.50
29612 10514 ICAD INC 06/19/2024 647.50
29613 12617 INTIME 06/19/2024 9,830.00
29614 10485 JP AIR CONDITIONING & HEATING 06/19/2024 2,665.00 29615 10251 LIGHTHOUSE ELECTRIC INC 06/19/2024 640.20
29616 11096 LOZANO SMITH LLP 06/19/2024 280.00
29617 12616 ADOLFO JR NOLASCO 06/19/2024 450.00
29618 10282 OFFICE DEPOT 06/19/2024 301.46
29619 10289 P.G.& E. 06/19/2024 42,263.90
29620 10301 PETTY CASH 06/19/2024 195.11
29621 10305 PITNEY BOWES BANK INC PURCHASE 06/19/2024 528.18 29622 10316 R G EQUIPMENT OF FRESNO INC 06/19/2024 564.82 29623 10986 ROTARY CLUB OF KERMAN 06/19/2024 3,200.00
AP Checks by Date - Summary by Check Date (6/28/2024 4:04 PM) Page 1 9 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
29624 10327 SAFETY KLEEN SYSTEMS INC 06/19/2024 310.19
29625 12475 SAN JOAQUIN PEST CONTROL 06/19/2024 105.00
29626 12602 SEQUOIA EQUIPMENT COMPANY INC 06/19/2024 1,354.30 29627 10337 SLUMBERGER LUMBER 06/19/2024 822.31
29628 12368 SPECIALTY HOSE EXPRESS LLC 06/19/2024 48.45 29629 10342 STATE CONTROLLER'S OFFICE 06/19/2024 43.23
29630 10703 STATE WATER RESOURCES CONTROL BOARD 06/19/2024 82,500.00 29631 11460 SUPERIOR POOL PRODUCTS LLC 06/19/2024 1,953.38 29632 10754 THE HOME DEPOT PRO-SUPPLY WORKS06/19/2024 116.36 29633 11502 TIREHUB LLC 06/19/2024 499.36
29634 10168 UNITY IT 06/19/2024 666.45
29635 10377 US POST OFFICE 06/19/2024 5,000.00
29636 10406 WEST HILLS OIL INC 06/19/2024 15,070.72
29637 10408 WILD ELECTRIC 06/19/2024 478.64
29638 12265 BERENICE ZUNO 06/19/2024 150.00
Total for 6/19/2024: 529,973.66
ACH 10644 US BANK EQUIPMENT FINANCE 06/20/2024 710.78
Total for 6/20/2024: 710.78
ACH 10522 CALPERS 06/21/2024 5,892.84
Total for 6/21/2024: 5,892.84
29639 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 06/26/2024 1,232.55 29640 10054 BLUE SHIELD OF CALIFORNIA 06/26/2024 53,490.72 29641 10617 C A REDING CO INC 06/26/2024 683.18
29642 10064 CAL VALLEY PRINTING 06/26/2024 281.45
29643 10065 CAL WEST RAIN 06/26/2024 16.68
29644 10092 CENTRAL VALLEY TOXICOLOGY INC 06/26/2024 162.00 29645 10103 COLONIAL LIFE 06/26/2024 577.58
29646 10104 COMCAST 06/26/2024 498.48
29647 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 06/26/2024 182.23 29648 10114 CROWN SHORT LOAD CONCRETE 06/26/2024 763.91 29649 12624 DADDINO FAMILY FARM 06/26/2024 38.00
29650 11382 DATA TICKET INC 06/26/2024 148.53
29651 10571 DITCH WITCH 06/26/2024 162.87
29652 10139 DOOLEY ENTERPRISES INC 06/26/2024 1,694.14
29653 12312 EXTREME CONNECTIONS 06/26/2024 640.52
29654 10157 FERGUSON ENTERPRISES INC 06/26/2024 166.70
29655 10169 FRESNO PET CEMETERY 06/26/2024 228.70
29656 10166 FRESNO-MADERA AGENCY ON AGING 06/26/2024 265.14 29657 12620 HEATHER GARCIA 06/26/2024 110.00
29658 12553 GARLAND/DBS INC 06/26/2024 41,170.15
29659 12379 GILL CHEVROLET 06/26/2024 473.25
29660 10185 GRAINGER 06/26/2024 789.76
29661 11358 GREAT AMERICA FINANCIAL SERVICES06/26/2024 421.91 29662 12187 HAMNER JEWELL & ASSOCIATES 06/26/2024 210.00 29663 10193 HAVENS SECURITY INC 06/26/2024 144.16
29664 10222 JERRY'S AUTOMOTIVE 06/26/2024 1,000.00
29665 11923 JOE A GONSALVES & SON 06/26/2024 1,250.00
29666 BP-JOSE1 JOSEPH CROWN CONSTRUCTION 06/26/2024 7,000.00 29667 10485 JP AIR CONDITIONING & HEATING 06/26/2024 374.37 29668 12625 LIGHTHOUSE AUTOMOTIVE EQUIPMENT INC 06/26/2024 640.20 AP Checks by Date - Summary by Check Date (6/28/2024 4:04 PM) Page 2 10 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
29669 10335 MADERA FORD 06/26/2024 227.49
29670 12622 REBECCA MARMOLEJO 06/26/2024 450.00
29671 10272 MUTUAL OF OMAHA 06/26/2024 2,853.17
29672 10282 OFFICE DEPOT 06/26/2024 83.07
29673 12621 MARIA OREGEL 06/26/2024 150.00
29674 10289 P.G.& E. 06/26/2024 7,298.42
29675 11714 ROD CARSEY 06/26/2024 4,411.34
29676 11870 DAISY RODRIGUEZ 06/26/2024 150.00
29677 12619 GURBIR SAPRAJ 06/26/2024 45.00
29678 12602 SEQUOIA EQUIPMENT COMPANY INC 06/26/2024 352.35 29679 12368 SPECIALTY HOSE EXPRESS LLC 06/26/2024 475.05 29680 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC06/26/2024 529.08 29681 10363 THE BUSINESS JOURNAL 06/26/2024 1,100.00
29682 10754 THE HOME DEPOT PRO-SUPPLY WORKS06/26/2024 354.01 29683 11502 TIREHUB LLC 06/26/2024 712.00
29684 10168 UNITY IT 06/26/2024 3,325.78
29685 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 06/26/2024 275.20 29686 10391 VALLEY FARM SUPPLY STORES 06/26/2024 2,507.32 29687 12623 DENISE VILLANUEVA 06/26/2024 450.00
29688 11061 WALMART REAL ESTATE BUSINESS TRUST 06/26/2024 64,297.00 Total for 6/26/2024: 204,863.46
29689 10282 OFFICE DEPOT 06/27/2024 1,224.83
29690 BP-YU DONG MEI YU 06/27/2024 708.75
Total for 6/27/2024: 1,933.58
Report Total (110 checks): 845,678.34
AP Checks by Date - Summary by Check Date (6/28/2024 4:04 PM) Page 3 11 Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED

ADMINISTRATION
Alvarez, Josefina $ 3,748.31 $ - 0 $ - 0 $ - 0 $ - $ 3,748.31 0.00 Camacho, Josie $ 3,219.85 $ - 0 $ - 0 $ - 0 $ - $ 3,219.85 0.00 Cheema, Akayla $ 3,261.23 $ - 0 $ - 0 $ - 0 $ - $ 3,261.23 0.00 Garcia, Alex $ 1,584.62 $ - 0 $ - 0 $ - 0 $ - $ 1,584.62 6.00 Jansons, John $ 7,012.54 $ - 0 $ - 0 $ - 0 $ - $ 7,012.54 0.00 Leon, Ulysa $ 1,584.62 $ - 0 $ - 0 $ - 0 $ - $ 1,584.62 0.00 Linares, Vanessa $ 1,793.69 $ - 0 $ - 0 $ - 0 $ - $ 1,793.69 4.50 Lopez, Jacqueline $ 2,431.54 $ - 0 $ - 0 $ - 0 $ - $ 2,431.54 0.75 Mendoza Hernandez, Ariana $ 2,009.23 $ - 8 $ 293.88 0 $ - 0 $ - $ 2,303.12 0.00 Sandoval, Veronica $ 1,793.69 $ - 0 $ - 0 $ - 0 $ - $ 1,793.69 4.13 Santana Zamudio, Dalia $ 2,009.23 $ - 0 $ 6.12 0 $ - 0 $ - $ 2,015.35 6.00 TOTAL $ 30,448.54 $ - 8 $ 300.01 0 $ - 0 $ - $ 30,748.54 21.38

REC/SOCIAL
Acosta-Parra, Melany $ 168.00 $ - 0 $ - 0 $ - 0 $ - $ 168.00 0.00 Aguilar, Corina $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Argumedo-Vargas, Frank $ 456.44 $ - 0 $ - 0 $ - 0 $ - $ 456.44 0.00 Arredondo, Raquel $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Barrett, Shannon $ 1,979.54 $ - 0 $ - 0 $ - 0 $ - $ 1,979.54 0.00 Beltran, Isabelle $ 469.00 $ - 0 $ - 0 $ - 0 $ - $ 469.00 0.00 Brar, Manreet $ 112.00 $ - 0 $ - 0 $ - 0 $ - $ 112.00 0.00 Burdine-Slaven, Jeanna $ 2,332.15 $ - 0 $ - 0 $ - 0 $ - $ 2,332.15 0.00 Calzada, Cathy $ 321.75 $ - 0 $ - 0 $ - 0 $ - $ 321.75 0.00 Chouhan, Arnoop $ 120.00 $ - 0 $ - 0 $ - 0 $ - $ 120.00 0.00 Chouhan, Gurnoor $ 120.00 $ - 0 $ - 0 $ - 0 $ - $ 120.00 0.00 Coleman, Phoebe $ 383.63 $ - 0 $ - 0 $ - 0 $ - $ 383.63 0.00 Cruz Paramo, Xitlali $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00 Escamilla, Paloma $ 896.00 $ - 0 $ - 0 $ - 0 $ - $ 896.00 0.00 Flores, Haley $ 18.56 $ - 0 $ - 0 $ - 0 $ - $ 18.56 0.00 Garcia, Anthony $ 1,778.31 $ - 0 $ - 0 $ - 0 $ - $ 1,778.31 0.00 Gonzalez Corrales, Aleena $ 176.00 $ - 0 $ - 0 $ - 0 $ - $ 176.00 0.00 Gulian, Desiray $ 404.00 $ - 0 $ - 0 $ - 0 $ - $ 404.00 0.00 Hurlbert, Ronald $ 404.00 $ - 0 $ - 0 $ - 0 $ - $ 404.00 0.00 Jauriqui, Jose $ 594.00 $ - 0 $ - 0 $ - 0 $ - $ 594.00 0.00 Johnson, Theresa $ 3,681.38 $ 1,689.23 0 $ - 0 $ - 0 $ - $ 5,370.61 0.00 Klepac, Emma $ 379.50 $ - 0 $ - 0 $ - 0 $ - $ 379.50 0.00 Lemm, Kylie $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Lua, Daniela $ 629.00 $ - 0 $ - 0 $ - 0 $ - $ 629.00 0.00 Lua, Joshua $ 407.00 $ - 0 $ - 0 $ - 0 $ - $ 407.00 0.00 Lua, Miguelangel $ 540.19 $ - 0 $ - 0 $ - 0 $ - $ 540.19 0.00 Lujan, Vanessa $ 204.00 $ - 0 $ - 0 $ - 0 $ - $ 204.00 0.00 Martinez, Aylah $ 462.00 $ - 0 $ - 0 $ - 0 $ - $ 462.00 0.00 Martinez, Jeness $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Naranjo, Alexander $ 632.31 $ - 0 $ - 0 $ - 0 $ - $ 632.31 0.00 Naranjo, Christopher $ 387.75 $ - 0 $ - 0 $ - 0 $ - $ 387.75 0.00 Nazaroff, Rebekah $ 556.94 $ - 0 $ - 0 $ - 0 $ - $ 556.94 0.00 Negrete, Dean $ 1,960.62 $ - 0 $ - 0 $ - 0 $ - $ 1,960.62 0.00 Pena, Alexis $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Pena, Mercedes $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Ruiz, Rosalba $ 627.00 $ - 0 $ - 0 $ - 0 $ - $ 627.00 0.00 Salvador, Mark $ 3,270.18 $ - 0 $ - 0 $ - 0 $ - $ 3,270.18 0.00 Sidhu, Nirmal $ 2,400.30 $ - 0 $ - 0 $ - 0 $ - $ 2,400.30 0.00 Silva, Jessica $ 408.00 $ - 0 $ - 0 $ - 0 $ - $ 408.00 0.00 Tovar, Jessica $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Villarreal, Arlene $ 2,500.62 $ - 0 $ - 0 $ - 0 $ - $ 2,500.62 0.00 TOTAL $ 29,780.16 $ 1,689.23 0 $ - 0 $ - 0 $ - $ 31,469.39 0.00 POLICE
Arciga, Jose $ 3,736.23 $ - 0 $ - 0 $ - 0 $ - $ 3,736.23 0.00 Barbosa, Isaias $ 3,498.53 $ - 12 $ 744.33 0 $ - 0 $ - $ 4,242.86 4.13 Barcoma, Wilbert $ 5,142.47 $ - 0 $ - 0 $ - 0 $ - $ 5,142.47 0.00 Barra, Brenden $ 2,777.41 $ - 3 $ 145.44 0 $ - 9.5 $ 76.76 $ 2,999.61 0.00 Barrera, Eduardo $ 2,662.95 $ - 0 $ - 0 $ - 8 $ 63.40 $ 2,726.36 0.00 Belding, Jeff $ 4,458.61 $ - 0 $ - 0 $ - 0 $ - $ 4,458.61 0.00 Castro, Jaclynn $ 2,725.45 $ - 0 $ - 0 $ - 0 $ - $ 2,725.45 0.00 Chapman, Tom $ 4,558.52 $ - 0 $ - 0 $ - 0 $ - $ 4,558.52 0.00 Clark, Patrick $ 3,064.81 $ - 43.5 $ 2,380.70 0 $ - 0 $ - $ 5,445.51 0.00 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: June 09, 2024 - June 22, 2024

Section 5, Item C.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: June 09, 2024 - June 22, 2024
Cubillos, Munique $ 2,402.04 $ - 0 $ - 0 $ - 0 $ - $ 2,402.04 0.00 Cubillos, Theresa $ 3,308.12 $ - 0 $ - 0 $ - 0 $ - $ 3,308.12 0.00 Farr, Jonathan $ 2,662.95 $ - 12 $ 760.84 0 $ - 7 $ 55.48 $ 3,479.27 12.00 Garcia, Andrew $ 2,598.00 $ - 40 $ 1,855.71 0 $ - 0 $ - $ 4,453.71 0.00 Gempis, Danzel $ 2,356.62 $ - 1.5 $ 63.12 0 $ - 0 $ - $ 2,419.74 0.00 Gutierrez, Gloria $ 2,296.24 $ - 0 $ - 0 $ - 0 $ - $ 2,296.24 0.00 Gutierrez, Luis $ 2,499.31 $ - 13.5 $ 787.95 0 $ - 6 $ 44.18 $ 3,331.44 0.00 Irazoqui, Mario $ 2,563.61 $ - 0 $ - 0 $ - 0 $ - $ 2,563.61 0.00 Lopez, Matt $ - $ - 0 $ - 0 $ - 0 $ - $ - 0.00
Lozano, Daniel $ 2,145.30 $ - 0.5 $ 20.11 0 $ - 0 $ - $ 2,165.42 0.00 Mendoza, Sandra $ 3,995.15 $ - 3 $ 212.69 0 $ - 0 $ - $ 4,207.84 0.00 Ramirez, Victoria $ 1,808.70 $ - 1.5 $ 33.91 0 $ - 0 $ - $ 1,842.61 0.00 Roth, Adriana $ 2,598.67 $ - 0 $ - 0 $ - 0 $ - $ 2,598.67 0.00 Ruiz, Jose $ 2,564.20 $ - 11 $ 498.18 0 $ - 0 $ - $ 3,062.38 0.00 Vasquez, Francisco $ 2,440.53 $ - 28 $ 1,437.82 0 $ - 0 $ - $ 3,878.35 7.50 Velez, Bernice $ 1,906.50 $ - 2 $ 59.58 0 $ - 0 $ - $ 1,966.08 0.00 Wilkins, Steve $ 5,312.82 $ - 0 $ - 0 $ - 0 $ - $ 5,312.82 0.00 TOTAL: $ 76,083.75 $ - 171.5 $ 9,000.38 0 $ - 30.5 $ 239.83 $ 85,323.96 23.63

PUBLIC WORKS
Arrellano, Antonio $ 2,216.46 $ - 0 $ - 0 $ - 0 $ - $ 2,216.46 0.00 Barajas, Michael $ 3,762.85 $ - 0 $ - 0 $ - 0 $ - $ 3,762.85 0.00 Camacho, Armando $ 2,216.46 $ - 0 $ - 0 $ - 0 $ - $ 2,216.46 0.00 Castro, Joseph $ 3,778.55 $ - 0 $ - 0 $ - 0 $ - $ 3,778.55 0.00 Cervantes, Pedro $ 1,498.24 $ - 0 $ - 0 $ - 0 $ - $ 1,498.24 0.00 Cruz Villalobos, Eulises $ 1,663.08 $ - 0 $ - 0 $ - 0 $ - $ 1,663.08 0.00 Garcia, Destiny $ 2,417.69 $ - 0 $ - 0 $ - 0 $ - $ 2,417.69 0.00 Garcia, Guadalupe $ 1,934.92 $ (447.24) 3.5 $ 123.70 0 $ - 0 $ - $ 1,611.38 0.00 Garcia Pina, Gilberto $ 1,663.08 $ - 0 $ - 0 $ - 0 $ - $ 1,663.08 0.00 Gastelum, Humberto $ 3,270.18 $ - 0 $ - 0 $ - 0 $ - $ 3,270.18 0.00 Gutierrez Olivarez, Norberto $ 1,867.38 $ - 3 $ 140.05 0 $ - 0 $ - $ 2,007.44 0.00 Hernandez, Julian $ 2,108.92 $ - 0 $ - 0 $ - 0 $ - $ 2,108.92 0.00 Isaak, Denise $ 2,563.13 $ - 0 $ - 0 $ - 0 $ - $ 2,563.13 0.00 Jimenez, Gabriela $ 1,828.31 $ - 25 $ 889.15 0 $ - 32 $ 711.32 $ 3,428.78 0.00 Kaur, Harmeen $ 2,437.08 $ - 7.5 $ 335.68 0 $ - 0 $ - $ 2,772.76 0.00 Lopez, Josue $ 2,029.08 $ - 5 $ 185.54 0 $ - 0 $ - $ 2,214.62 0.00 Morales, Andres $ 2,359.08 $ - 0 $ - 0 $ - 0 $ - $ 2,359.08 0.00 Ortiz, Carlos $ 2,324.46 $ - 1 $ 42.65 0 $ - 0 $ - $ 2,367.11 0.00 Perez, Ruben Lopez $ 2,166.46 $ - 2 $ 81.24 0 $ - 0 $ - $ 2,247.70 0.00 Ramirez, Manuel $ 3,137.68 $ - 0 $ - 0 $ - 0 $ - $ 3,137.68 0.00 Sanchez, Daniel $ 3,114.71 $ - 0 $ - 0 $ - 0 $ - $ 3,114.71 0.00 Sanchez, Joseph $ 535.20 $ - 0 $ - 0 $ - 0 $ - $ 535.20 0.00 Soto, Samuel $ 2,236.77 $ - 0 $ - 0 $ - 0 $ - $ 2,236.77 0.00 Tinoco, Alfonso $ 2,713.54 $ - 42.25 $ 2,293.14 0 $ - 29 $ 965.53 $ 5,972.21 0.00 Valdivia, Blanco $ 2,010.62 $ - 0 $ - 0 $ - 0 $ - $ 2,010.62 12.00 TOTAL $ 57,853.92 $ (447.24) 89.25 $ 4,091.16 0 $ - 61 $ 1,676.86 $ 63,174.69 12.00

PLANNING
Belmonte, Ruth $ 2,585.69 $ 459.53 0 $ - 0 $ - 0 $ - $ 3,045.22 3.00 Campos, Manuel $ 2,622.15 $ - 0 $ - 0 $ - 0 $ - $ 2,622.15 0.00 Gomez, Juliana $ 1,088.00 $ - 0 $ - 0 $ - 0 $ - $ 1,088.00 0.00 Orozco, Jesus $ 4,131.77 $ 588.55 0 $ - 0 $ - 0 $ - $ 4,720.32 0.00 Zamora, Karina $ 1,088.00 $ - 0 $ - 0 $ - 0 $ - $ 1,088.00 0.00 TOTAL $ 11,515.62 $ 1,048.08 0 $ - 0 $ - 0 $ - $ 12,563.70 3.00

PLANNING COUNCIL
Bandy, R $ - Yep, G $ 125.00
Molloy, Cory $ 75.00 Herrera, I $ 125.00
Nehring, K $ 75.00 Nijjer, B $ 125.00
Felker, R $ 75.00 Coleman, J $ 125.00
Bishop, S $ 75.00 Pacheco, M $ -

Section 5, Item C.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: June 09, 2024 - June 22, 2024
Total $ 300.00 Total $ 500.00
GRAND TOTAL: $206,481.98 $2,290.07 268.75 $13,391.54 0 $0.00 91.5 $1,916.68 $ 224,080.28 60.00

Section 5, Item C.

STAFF REPORT
MEETING DATE: July 10, 2024
PRESENTER: Michael Barajas, Public Works Director
SUBJECT: Adopt Resolution Authorizing City Manager to Sign and File a Financial Assistance Application to the State Water Resources Control Board Drinking Water State Revolving Fund for the Water Quality Improvement Project (MB) RECOMMENDATION: Council by motion adopt resolution authorizing the City Manager to sign and file a Financial Assistance Application to the State Water Resources Control Board (SWRCB) Drinking Water State Revolving Fund (DWSRF) for the Water Quality Improvement Project.

EXECUTIVE SUMMARY:

The City of Kerman owns and operates a public water system with a total of six wells, one of which has a compliance order for TCP and Uranium exceedances. All of the City’s wells have concentrations of hexavalent chromium that exceed the recently adopted MCL.

Staff would like to evaluate several alternatives to determine the most feasible alternative to address water quality levels above the recently adopted MCL for Hexavalent Chromium.

The City is considered a Disadvantaged Community (DAC). According to the 2022 U.S.

Census American Community survey, the City’s Median Household income (MHI) is $69,571 which is less than the State’s MHI of $91,551.

The State Water Resources Control Board Drinking Water State Revolving Fund offers Planning Grants to DACs. The planning grants fund up to $500,000 in eligible planning costs.

The SWRCB requires that the applicant’s Governing Board adopt a resolution authorizing the City Manager to sign and file a financial assistance application to the DWSRF for the proposed project. Adoption of this resolution is a requirement to complete and submit to DWSRF.

FISCAL IMPACT:

The cost to prepare and submit the application will be $5,000 which will be allocated from the water enterprise fund.

ATTACHMENTS:

A. Resolution
15 Section 5, Item D.

Attachment ‘A’
RESOLUTION NO. 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN AUTHORIZING THE CITY

MANAGER TO SIGN AND FILE FINANCIAL ASSISTANCE APPLICATION TO THE STATE

WATER RESOURCES CONTROL BOARD DRINKING WATER STATE REVOLVING FUND FOR THE WATER QUALITY IMPROVEMENT PROJECT.

WHEREAS, the City of Kerman owns and operates a public water system with a total of six wells; and
WHEREAS, one of which has a compliance order for TCP and Uranium exceedances.

All of the City’s wells have concentrations of hexavalent chromium that exceed the recently adopted MCL; and
WHEREAS, the City of Kerman is considered a Disadvantaged Community (DAC) and the State Water Resources Control Board (SWRCB) Drinking Water State Revolving Fund (DWSRF) offers planning grants to DACs and;
WHEREAS, the planning grants fund up to $500,000 in eligible planning costs; WHEREAS, the City is seeking financing from State Water Resources Control Board through the Drinking Water State Revolving Fund(DWSRF) for Water Quality Improvements Project; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Kerman as follows:

SECTION 1. The foregoing recitals are true and correct and incorporated by reference.

SECTION 2. The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State water Resources Control Board for a planning grant for the purpose of a Water Quality Improvement Project.

SECTION 3. This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

SECTION 4. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests 16 Section 5, Item D.
on behalf of the Entity and compliance with applicable state and federal laws.

SECTION 5. This resolution is effective upon adoption.

The foregoing resolution was introduced and adopted by the City Council of the City of Kerman at a regular meeting held on the 10th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
___________________________
Josie Camacho
City Clerk
17 Section 5, Item D.

STAFF REPORT
MEETING DATE: July 10, 2024
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Resolution of Intention to Levy and Collect the Annual Assessments for Landscape and Lighting District No. 1 (JG)
RECOMMENDATION: Council by motion adopt resolution of intention to levy and collect the annual assessments for Landscape and Lighting District No. 1 and set the date for the required public hearing for July 24, 2024.

EXECUTIVE SUMMARY:

The Landscape and Lighting District (LLD) No. 1 maintains public landscaping in median islands and landscape strips along major streets. The revenue from the district also pays for street lighting costs for areas within the LLD. All new developments are annexed into the LLD and charged an annual assessment that is collected with property taxes. There are currently 14 subareas within the LLD. Council approved one annexation, Tract No. 6293, to the Landscape and Lighting District No. 1 this past year.

This is the second of three actions by Council required by State law for the levy of the annual assessments. Council previously initiated proceedings for the annual levy of assessments at the June 26, 2024 Council Meeting. The City Engineer has prepared a preliminary report labeled Engineer’s Report of the City of Kerman Landscaping and Lighting District No. 1 (LLD), dated July 2024, and filed the report with the City Clerk. The report includes descriptions of the improvements maintained, boundaries of the district and sub-areas, and proposed assessments per parcel. The final report will be submitted for approval at the time of the public hearing. The next, and final, action required by Council will be to conduct the required public hearing, receive any testimony, and confirm the annual assessments. The assessment roll is then submitted to the County Assessor for inclusion on the property owner’s tax bill.

FISCAL IMPACT:

The annual assessments from Landscape and Lighting District No. 1 are used for maintenance of public landscaping and street lighting. The assessments for Sub-areas 1 through 5 were established prior to the passage of Proposition 218 and therefore cannot be raised without a vote of the property owners. The assessments for Sub-areas 6 through 14 are adjusted annually by the change in the Consumer Price Index (CPI). For 2024 the CPI increase is 4.1%. The estimated total assessments for FY 24-25 are $426,249.26. The exact amount of total assessments will be known once the City receives the property roll from the Fresno County Assessor’s Office.
18 Section 5, Item E.

ATTACHMENTS:

A. Resolution
B. Map – Assessment Area Boundaries
19 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF INTENTION TO LEVY AND COLLECT THE ANNUAL
ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1

FOR THE CITY OF KERMAN AND SETTING PUBLIC HEARING
RESOLVED by the Council of the City of Kerman, County of Fresno, California that:

1. It is the intention of said Council to order the levy and collection of an assessment under the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (beginning with Section 22500 of said Code and hereinafter referred to as the “Act”) for Landscaping & Lighting District No. 1 of the City of Kerman (herein “District”) for fiscal year 2024- 2025.

2. Said District is generally described as Tract No. 3397, Tract No. 4165, Tract No. 4484, Tract No. 4529, Tract No. 4560, Tract No. 4676 (Ph.1), Tract No. 4775, Tract No. 4792, Tract No. 4811, Tract No. 4846, Tract No. 4853, Tract No. 4910, Tract No. 4955, Tract No. 4987, Tract No. 5023, Tract No. 5028, Tract No. 5043, Tract No. 5132, Tract No. 5165, Tract No. 5191, Tract No. 5160, Tract No. 5329, Tract No. 5244, Tract No. 5222, Tract No. 5138, Tract No. 5266, Tract No. 5348, Tract No. 5416, Tract No. 5750, Tract No. 5636, Tract No. 5488, Tract No. 5480, Tract No. 5515, Tract No. 5478, Tract No. 5677, Tract No. 5805, Tract No. 5928, Tract No. 5975, Parcel Map No. 96-01, Parcel Map No. 98-04, Parcel Map No. 98-05, Site Plan Review No. 05-25, Parcel Map No. 07-01, Parcel Map No. 10-01, Parcel Map No. 10-02, Parcel Map No. 09-02, Tract No. 5832, Tract No. 5921, Parcel Map No. 2016-01, Parcel Map No. 19-01, Tract No. 6236, Tract No. 6302, and Tract No. 6293. Improvements to be maintained are generally described as streetlights and public landscaping within the District.

3. The Engineer has prepared and filed with the Clerk of the City of Kerman a preliminary report labeled Engineer’s Report of the City of Kerman Landscaping and Lighting District No. 1, dated July 2024 to which reference is hereby made for a detailed description of the improvements, the boundaries of the assessment district, and any zones therein, and the proposed assessments upon assessable lots and parcel of land within the District.

4. Assessments in the District are equal to the prior year assessments, first time assessments, or assessments increased by a previously approved assessment formula. 20 Section 5, Item E.

5. The Business Journal, a newspaper published in Fresno, California and circulated in the City of Kerman is hereby designated as the newspaper in which this Resolution of Intention shall be published, and the Clerk of the City of Kerman is hereby directed to cause this Resolution of Intention to be published once. Publication shall be completed not less than ten (10) days before the date set for hearing.

6. NOTICE IS HEREBY GIVEN that a public hearing is set for the regular meeting of the City Council on July 24, 2024 at 6:00 p.m., in the Council Chamber of City Hall, 850 S. Madera Avenue, Kerman, California 93630, all interested persons shall be heard on the question of the levy and collection of the proposed assessments. Written protests may be filed with the City Clerk at any time prior to the conclusion of the hearing. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons.

The foregoing resolution was introduced and adopted by the City Council of the City of Kerman at a regular meeting held on the 10th day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
21 Section 5, Item E.

Assessment Areas City Limits
C ST

TROY AVE

EL MAR AVE

SHERI WAY
E ST

PARK AVE

KEARNEY BLVD

GATEWAY BLVD

STANISLAUS AVE
OLYMP
I
CAVE

TAYLOR ST
OAK DR

SIXTH ST

GRAGNANI AVE

CALIFORNIA AVE

PALM ST
KO
L
EEN
A
VE

ELEVENTH ST

FOURTH ST

TENTH ST

ALMOND AVE

JOSEPH AVE

VINELAND AVE
F ST

SHERI AVE

DEL NORTE AVE

DAVID AVE

CARMEL DR

PALM CT

SISKIYOU AVE

REGAL AVE

MERLOT AVE
BOYD A
VE

SAN JOAQUIN AVE

SIXTEEN
TH
S
T

DYLAN AVE

KOLEEN CT

CHAD CT

LUM AVE

WALNUT CT

BURGANDY AVE

ORCHARD WAY

BRIAN AVE

CHAFFIN AVE

THOMAS AVE

ASHLI AVE

KAREN AVE
MA
NOR
D
R

MONTERE Y AVE
B ST

CYNDI AVE

EIGHTEENTH ST
16 TH ST

CHABLIS AVE
MA
D
ERA
A
VE

THIRD ST

MIDDLETON AVE

WOOTEN CT

SUNSET AVE

FIRST ST

GOLDENROD AVE

WHITESBRIDGE RD
WO
O
T
TEN
DR

MCKENNA AVE
G ST
D ST
E ST

EIGHTH ST

SECOND ST

SEVENTH ST

NATALIE AVE

SUNSET AVE MICHELLE AVE

GURDWARA AVE

GENTRY AVE

DAVID AVE

MONTEREY AVE

SEVENTEENTH ST

KENNETH AVE

SUSAN AVE

NINTH ST

EL MAR AVE

MAY AVE

BOTELHO AVE

COMMERCE WAY
TWEL
F
TH
S
T

ISABELLA AVE
1 2
3 4
5 6
7 8
9 9
10 11
12 13
14 O
0 600 1,200
Feet

ASSESSMENT DIAGRAM OF CITY OF KERMAN
LANDSCAPING AND LIGHTING DISTRICT NO. 1
Document Path: G:\Kerman\LLMD\LLMD_exhibits\LLMD_exhibits.aprx NOTE: FOR A MORE DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF THE LOTS, PIECES, PARCELS, AND SUBDIVISIONS OF LANDS SHOWN ON THE ASSESSMENT DIAGRAMS, REFERENCE IS MADE TO BOOK 20 AND 23 OF ASSESSOR'S MAPS, COUNTY OF FRESNO, 2281 TULARE STREET, FRESNO, CALIFORNIA.

Assessment Area Boundary
22 Section 5, Item E.

STAFF REPORT
MEETING DATE: July 10, 2024
PRESENTER: Manuel Campos, Assistant Planner
SUBJECT: Consideration of a Code Text Amendment application to amend Section 17.24.030 of Chapter 17.24 of Title 17 of the Kerman Municipal Code relating to fence materials and add Section

17.40.080 to Chapter 17.40 of Title 17 of the Kerman Municipal Code relating to electrified security fences (MC)
RECOMMENDATION: City Council conduct a public hearing, waive full reading, and introduce a Code Text Amendment application (OTA 2024-03) amending Section 17.24.030 of Chapter 17.24 of Title 17 of the Kerman Municipal Code relating to fence materials and add Section 17.40.080 to Chapter 17.40 of Title 17 of the Kerman Municipal Code relating to electrified security fences.

EXECUTIVE SUMMARY:

The Planning Commission held a public hearing on June 10, 2024, to consider and recommend approval of a code text amendment (OTA 2024-03). The recently adopted Zoning Code prohibits the installation of electrified fences. The recently repealed Zoning Code did not have provisions allowing or prohibiting electrified security fences. As a result, Amarok, LLC filed an application requesting a code text amendment to allow for the installation of electrified security fences. The Commission approved a resolution (Attachment ‘B’) recommending the adoption of an ordinance to amend subsection (C)(3) of 17.40.080 (Fence Materials) and add Section 17.40.080 to Chapter 17.40 relating to electrified security fences. Section 17.24.030 of chapter 17.24 would repeal subsection (C) prohibiting electrified fences. Conversely, Section 17.40.080 provides a permit process and development standards for electrified security fences. The proposed ordinance is consistent with other electrified security fence ordinances adopted by nearby municipalities.

APPLICABLE CODES AND PROCEDURES:

KMC 17.112 – Amendments and Rezones
KMC 17.116 – Public Notices and Hearings
Public Resource Code – CEQA 15061((b)(3)) – Common Sense Rule The Zoning Code, section 17.112.020 (Initiation of Code Text Amendment and Rezones) allows the Director to initiate a code text amendment when an application has been filed with the Planning Division. The Commission may recommend approval or denial of the code text amendment to the City Council. The City Council, upon receipt of the Commission's recommendation, may approve, modify, or deny the Commission’s recommendation.
23 Section 6, Item A.

DISCUSSION:

Project Proposal
Amarok, LLC submitted a proposed Code Text Amendment (OTA) application on behalf of JS West and Companies requesting to amend the Zoning Code for the allowance of electrified security fences.

If the ordinance is approved, there will be a planning permit process for JS West and Companies to apply for the allowance of an electrified security fence at 15287 West Commerce Way which is currently zoned Service Commerical (CS). The applicant’s request has been included in this report as Attachment ‘C’.

Code Text Amendment
The Zoning Code, under Section 17.24.030 (C) prohibits the installation of electrified security fences.

The code text amendment would modify said section by striking out subsection C, as described in the proposed ordinance (Attachment ‘A’ ).

The code text amendment would also add Section 17.40.080 (Electrified Security Fences) to Chapter

17.40 (Standards for Specific Land Uses) of the Zoning Code. Said section includes subsections as follows:
 A (Applicability); Determines the applicability of electrified security fences and under what circumstance they may be used for security purposes.
 B (Definitions); Defines the terms used for the purpose of the section.  C (Permitted Locations); Lists the permitted zone districts where electrified security fences may be allowed and special distance requirements.
 D (Conditional Use Permit Applicability); Establishes the conditional use permit process for electrified security fences.
 E (Compliance with State and Federal Regulations); Establishes requirements to comply with applicable State and Federal regulations.
 F (Electrification); Establishes power and voltage requirements for electrified security fences.  G (Development Standards); Establishes development standards such as setback, height, signage, materials, and emergency access requirements, etc.

Code Text Amendment Analysis
The draft ordinance was prepared consistently with electrified security fence ordinances from other California cities and with the applicants’ submitted model ordinance. As proposed, the ordinance would only allow for the installation and operation of electrified security fences when it is in the public's and private's best and mutual interest to protect and secure; stored combustible, hazardous, or harmful matter or materials from those working or residing in proximity to said matter or materials, subject to a conditional use permit. As delegated by the Zoning Code, the Planning Commission will review each conditoinal use permit on a case-by-case basis and determine if an electrified fence meets said criteria. Traditionally these types of fences are allowed in the industrial zone district, since 24 Section 6, Item A.
uses that create, store, or distribute the type of materials listed above are normally located in industrial zones. As proposed, electrified security fences could potentially be permitted on properties south of the railroad and north of the railroad, along California Avenue and A Street, between Vineland Avenue and Del Norte Avenue. Sites that could potentially need electrified security fences are primarily located south of the railroad and occupied by industrial uses. The proposed ordinance would also allow electrified security fences in the O – Open Space, Recreation, & Public Facilities, and UR – Urban Reserve District that could potentially be owned or controlled by the City or other government agencies and require a similar type of security system. Given the wide variety of zone districts that allow electrified security fences, Staff recommends that electrified security fences be considered through the CUP process. The proposed ordinance would not allow electrified security fences in residential zones, professional office, general and neighborhood commercial, and mixeduse zone districts.

Comparable Cities Analysis
As previously mentioned Staff has prepared the draft electrified security fence ordinance consistent with the cities of Colton, Fresno, Turlock, and Tulare. The electrified fence ordinances adopted by the aforementioned cities are substantially similar regarding permitted locations and zones, compliance with State and Federal regulations, and electrification requirements. There are some minor differences between cities when it comes to specific development standards for electrified security fences. Of note the applicant’s suggested model ordinance is very similar to the City of Tulare’s electrifed security fence ordinance. Staff has incorporated some of Tulare’s ordinance language into the proposed draft ordinance to ensure its consistency with the applicant’s request. However, the draft ordinance better aligns with the City of Fresno’s ordinance. Similar to the City of Fresno, the draft ordinance provides for flexibility in several zone districts, with the exception of residential, mixed-use, and several commercial zones.

Planning Commission Discussion
The draft ordinance submitted for review by the Commission included a buffer requirement for electrified security fences from schools and daycares. During the public hearing, the applicant shared their disapproval of the 200-foot radius requirement from school facilities and daycare centers and the CUP requirement. The applicant stated that the radius requirement was arbitrary and that the CUP requirement was excessive and would prolong the process of installing a fence. The applicant also noted that the City of Kerman has been the only jurisdiction they have encountered with such requirements. Staff recommended a 200-foot radius requirement to protect schools and daycare centers that could be potentially developed in proximity to zone districts that would allow for electrified security fences in properties north of the railroad. Furthermore, the CUP requirement was recommended because electrified security fences have special attributes that may be concerning to surrounding uses and properties. The Commission ultimately decided to remove the 200-foot radius requirement and keep the CUP requirement. The Commission concurred that all fence applications should be reviewed on a case-by-case basis to ensure that any proposed fence is compatible with its surrounding land uses.

Police Department Comments
The Chief of Police generally did not take an issue with the proposed ordinance but recommended that there be a setback requirement between electrified and non-electrified fences to prevent any passersby from making intentional contact with electrified fences. The Chief also recommended that 25 Section 6, Item A.
the Police Department have authorization to disable fence systems in the event of a confirmed trespassing. All incoming CUP applications for electrified security fences will be routed to the Police Department for comments.

Conclusion
The electrified security fence ordinance will assist with deterring criminal activity and reducing response involvement from the Police Department, as well as provide an additional layer of security for those working or residing in proximity to potentially hazardous or dangerous uses. As presented, including Section 17.40.080 to the Zoning Code will be consistent with the goals, objectives, and policies of the Kerman General Plan. The conditional use permit requirement will assist when determining the compatibility of an electrified security fence with surrounding land uses, and assess its environmental impacts on a project-specific basis.

ENVIRONMENTAL REVIEW:

The adoption of this ordinance is exempt from further CEQA review under the Common Sense Rule Section 15061(b)(3)) because there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impact on the environment. Therefore, this project is not subject to CEQA.

ATTACHMENTS:

A. Ordinance Text Amendment
B. Planning Commission Resolution
C. Applicant’s Application Material
26 Section 6, Item A.

Attachment ‘A’
ORDINANCE NO. 24-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN AMENDING SECTION

17.24.030 OF CHAPTER 17.24 OF TITLE 17 OF THE KERMAN MUNICIPAL CODE RELATING FENCE MATERIALS AND ADDING SECTION 17.40.080 TO CHAPTER 17.40 OF TITLE 17 OF THE KERMAN

MUNICIPAL CODE RELATING ELECTRIFIED SECURITY FENCES
THE CITY COUNCIL OF THE CITY OF KERMAN DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 17.24.030 of Chapter 17.24 of the Kerman Municipal Code relating to Fence Materials is hereby amended by deleting subsection (C), to read as follows:

17.24.030 Fence Materials.

A. Fences shall not be constructed of barbed wire or similar material unless an Administrative Use Permit is first obtained. An Administrative Use permit may be granted only upon the Director finding that extraordinary circumstances requiring the use of barbed wire or similar material apply to the property in question which do not generally apply to property within the city. In no event may an Administrative Use Permit be granted for the use of barbed wire or similar material within three feet of any public rightof-way. The Director may require conditions of approval such as appropriate warning signs on the barbed wire or a similarly constructed fence.

B. Fences shall be constructed of original material. Fences in residential zones shall not be constructed of chain link, wire mesh, corrugated metal/plastic, or other repurposed material. Chain link fences with privacy slats may be constructed when the fence is not visible from the public right-of-way.

SECTION 2. Chapter 17.40 of Title 17 of the Kerman Municipal Code is hereby amended to include a new section, Section 17.40.080 relating to Electrified Security Fences to read as follows:

17.40.080 Electrified Security Fences.

The construction, installation, and use of electrified security fencing shall be allowed in the city only as provided in this section subject to the following:

A. Applicability. This section shall apply to all electrified security fences being installed, constructed, or erected in any permitted location as described in subsection C below.

Electrified security fences may be permitted when determined that it is in the best and mutual interest of the public and private to protect and secure; stored 27 Section 6, Item A.
combustible, hazardous, or harmful matter or materials from those working or residing in proximity to said matter or materials.

B. Definitions. The term “electrified security fence” shall mean a fence that has electricity running through it used to protect and secure a property or a part thereof by way of a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to; a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system’s battery, and other integrated components.

C. Permitted Locations.

1. Electrified security fences shall be permitted in the CS-Service Commercial, M1-Light Manufacturing, M2-Heavy Manufacturing, O – Open Space, Recreation, & Public Facilities, and UR – Urban Reserve District.

2. Electrified security fences shall not encroach onto the public right-of-way.

D. Conditional Use Permit Applicability. Electrified security fences shall be subject to a conditional use permit application filed and processed consistent with Chapter 17.84 (Conditional Use Permit) of this Code.

E. Compliance with State and Federal Regulations.

1. Electrified security fences shall comply with the California Civil Code Section 835 and the California Building Code, as amended from time to time, and all requirements in subsections F and G below.

2. Electrified security fences shall be installed with a permit issued under the requirements of applicable building and electrical codes, and only allowed to be activated after an approved final inspection of the installation.

3. Fire access, warning signs, electrical connections, etc. shall comply with Building and Fire Code regulations.

F. Electrification. The power and voltage of electric security fences shall be allowed subject to the following standards:

1. Shall conform to the California Civil Code Section 835 and shall only be powered by a commercial storage battery not to exceed 12 volts of direct current (DC) or another approved 12-volt DC or lower voltage power source.

2. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 28 Section 6, Item A.
102 of International Electro Technical Commission (IEC) Standard No. 60335- 2-76, as may be amended.

3. Non-low voltage electrical components (e.g. controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL).

G. Development Standards.

1. Perimeter Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is a minimum of six feet in height. Should a non-electrical fence not exist, one shall be installed prior to the electric fence being operational. When abutting an existing use, building, or structure, the protective barrier shall consist of a solid material (i.e. wooden fence, block wall, an approved mesh material, or equivalent material).

2. Setback. Non-electrical fencing behind which electric fencing is installed shall comply with setbacks of the underlying zone district, but no less than five feet from the property line, whichever is more restrictive shall apply.

3. Height. Shall have a maximum height of ten feet regardless of location on the property.

4. Signage. Warning signs that read: "Warning-Electric Fence" shall be installed at intervals of not less than 30 feet.

5. Material. Electrified security fences shall not include barbed wire, razor wire, ultra-barrier, and other similar materials.

6. Emergency Access.
a. Any associated alarm system shall be subject to Chapter 9.05 (Public Safety Alarm Systems) of the Kerman Municipal Code.
b. An electrical disconnect device secured with a Police/Fire X-1 keyway or other approved means for emergency access by Police and Fire Departments shall be provided at a location approved by the Fire Marshal.

SECTION 3. CEQA. A preliminary environmental assessment has been performed for this project pursuant to the California Environmental and Quality Act (CEQA). The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is 29 Section 6, Item A.
because this project involves purely procedural policies with no impact on the environment. Therefore, this project is not subject to CEQA.

SECTION 4. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.

The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council held on the 10th day of July, 2024, and was passed and adopted at a regular meeting of the City of Kerman City Council held on ____ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing ordinance is hereby approved.
_______________________________
Maria Pacheco
Mayor
ATTEST:
_______________________________
Josie Camacho
City Clerk
30 Section 6, Item A.

Attachment 'B'
31 Section 6, Item A.
32 Section 6, Item A.
33 Section 6, Item A.
34 Section 6, Item A.
35 Section 6, Item A.
36 Section 6, Item A.

Attachment 'C'
37 Section 6, Item A.

Senior Manager of Government Relations

AMAROK, LLC
www.AMAROK.com
550 Assembly St, Suite 500 II Columbia, SC 29201 // 1-800-432-6391 II www.amarok.com 38 Section 6, Item A.
39 Section 6, Item A.
40 Section 6, Item A.

STAFF REPORT
MEETING DATE: July 10, 2024
PRESENTER: John Jansons, City Manager
SUBJECT: Resolution Approving Cellular Tower Lease with T-Mobile West LLC, a Delaware limited liability company, for property located at 15061 West “C” Street, Kerman, also known as Assessor’s Parcel Numbers 023-204-14SU and 023-204-16SU (JAJ) RECOMMENDATION: Council by motion adopt resolution approving Cellular Tower Lease with T-Mobile West LLC, a Delaware limited liability company, for property located at 15061 West “C” Street, Kerman California also known as Assessor’s Parcel Numbers 023-204-14SU and 023-204-16SU.

DISCUSSION:

In November of 2023, the City purchased the property located at 15061 West “C” Street for redevelopment as a new police station facility. Included in that purchase was an inactive onsite communications tower that is proposed for alteration and activation with equipment by TMobile West, LLC.

T-Mobile West, LLC (“T-Mobile”) has proposed a lease agreement (Exhibit ‘A’ to the Resolution) to modify and use the tower to host its equipment to serve its customers and the local area.

The negotiated lease terms were coordinated with and reviewed by the City Attorney, T-Mobile and the Central San Joaquin Valley Risk Management Authority to their mutual satisfaction.

The City of Kerman supports the expansion of services that benefit our residents and businesses. Entering into a lease agreement to activate the tower is of mutual benefit to the City and the community.

The summarized terms of the proposed lease are as follows:

1. Term: 5 years (four, five year renewal options)

2. Rent: $3,000 per month

3. Rent Escalation: 3% per/year upon anniversary date of lease

4. Access and Security; 24 hrs./day, seven days a week access

5. Utilities: To be paid directly by tenant to Utility or if sub-metered to Owner

6. Modifications: At Tenant’s Expense – to include change in fencing.

As stated, a significant condition of the lease is that T-Mobile West LLC, undertake modifications of the existing monopole to accommodate their equipment. T-Mobile’s engineers have proposed modifications that include shortening the height of the monopole to enhance its stability as well as other improvements to the facility. 41 Section 7, Item A.

As part of its due diligence, the City commissioned Cornerstone Structural Engineering Group (CSEG) to peer review T-Mobile’s proposed alterations and CSEG agreed that the proposed alterations were appropriate and recommended acceptance by the City. Additional modifications to access and fencing will be completed by T-Mobil in coordination with the redevelopment of the site as approved by the City.

ATTACHMENTS:

A. Resolution w/Exhibit
42 Section 7, Item A.

Attachment ‘A’
RESOLUTION 24-__

A RESOLUTION OF THE CITY COUNCIL OF KERMAN, CALIFORNIA APPROVING LEASE

WITH T-MOBILE WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR USE OF EXISTING COMMUNICATION TOWER LOCATED AT 15061 WEST “C” STREET, KERMAN, CA. ALSO KNOWN AS FRESNO COUNTY ASSESSOR’S PARCEL NUMBERS 023-204-14SU AND 023-204-16SU.

RECITALS
WHEREAS, on September 27, 2023, the City Council of the City of Kerman approved Resolution 23-80 authorizing the Purchase of Real Property 15061 West “C” Street, also known as Fresno County Assessor’s Parcel Numbers 023-204-14SU and 023-204-16SU; and WHEREAS, the Real Property includes an existing communications tower: and WHEREAS, T-Mobile West LLC, wishes to improve, modify and lease said tower for use as a cellular communications facility; and
WHEREAS, T-Mobile West LLC shall make alterations and improvements to the tower, supporting equipment and facility acceptable to, and at no cost to, the City; and WHEREAS, the City finds it beneficial to lease the tower and support telecommunication improvements in the community; and
WHEREAS, the City has received and agreed to the proposed lease presented herein as Exhibit ‘A’.

NOW, THEREFORE, the City Council of the City of Kerman, California resolves as follows:

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council approves the Lease (Exhibit ‘A’) for Communication Tower use by T-Mobile West LLC,
Section 3. The City Manager is hereby authorized to make minor modifications as needed to perfect the lease and execute all documents necessary as approved by the City Attorney.

Section 4. This resolution is effective upon adoption.
43 Section 7, Item A.

The foregoing resolution was introduced and adopted by the City Council of the City of Kerman at a regular meeting held on the 10th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
___________________________
Maria Pacheco
Mayor
ATTEST:
_____________________
Josie Camacho
City Clerk
44 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman

LEASE AGREEMENT
This Lease and Easement Agreement (the “Agreement”) is effective the date of the last signature on this Agreement (the “Effective Date”) by and between City of Kerman, a political subdivision of the State of California (“Landlord”), and T-Mobile West LLC, a Delaware limited liability company (“Tenant”).

NOW, THEREFORE, in consideration of these premises and the mutual promises and conditions in this Agreement, the parties agree as follows:

1. Location. Landlord and Tenant agree to provide for Tenant’s entry upon and access to the location described in the attached Exhibit A (the “Property”) for Tenant’s non-exclusive use of the Property to install and operate telecommunications equipment, including but not limited to, certain space on Landlord’s tower (“Tower”) and space on the ground (the “Antenna Facilities”). The location and orientation of the Antenna Facilities on the Property, together with all necessary space and easements for access and utilities, is generally described and depicted in the attached Exhibit B (the “Premises”).

2. Use.
a) The Premises may be used exclusively by Tenant solely for the transmission and reception of radio communication signals and for the installation, maintenance, repair, or replacement of the Antenna Facilities described and depicted in attached Exhibit B. Tenant shall, at Tenant’s expense, keep and maintain the Antenna Facilities on the Premises in commercially reasonable condition during the term of this Agreement.
b) The Antenna Facilities shall be installed at Tenant’s sole cost and expense and Tenant shall have a right to upgrade and modify its facilities with Landlords consent, which consent shall not be unreasonably withheld, delayed, or conditioned, and shall not be subject to additional compensation unless the Premises are expanded. Landlord consents to Tenant modifying Landlord’s Tower for Tenant’s use and Landlord agrees to cooperate with Tenant to complete any required modifications to Landlord’s Tower for Tenant’s use. Tenant agrees to provide Landlord design drawings and structural calculations for Landlord’s review and approval prior to making modifications to Landlord’s Tower. Any modifications to Landlord’s Tower for Tenant’s use shall be at Tenant’s sole cost and expense. c) Upon termination of this Agreement, Tenant shall remove the Antenna Facilities from the Premises and restore the Premises to its original condition prior to this Agreement, normal wear and tear and casualty excepted. Notwithstanding the foregoing, if Tenant modifies Landlords Tower for Tenant’s use, Tenant shall not be required to return Landlords Tower to its original condition.

3. Term. The term of this Agreement shall commence upon the Effective Date (the “Commencement Date”). The initial term granted herein shall continue for a term of five years (“Initial Term”). The Initial Term shall automatically renew for four (4) successive renewal terms of five (5) years each (each a “Renewal Period”). Provided, however, Tenant shall have the right to not renew this Agreement by providing one (1) year’s prior written notice to the Landlord. The Initial Term, together with any Renewal Terms are referred to collectively as the “Term.” 45 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman

4. Lease Fee.
a) Upon the first day of the month following the start of construction of Tenant’s modifications to the Landlord’s Tower described on Exhibit B (“Rent Commencement Date”), Tenant shall pay Landlord rent in the amount of Three Thousand and No/100 ($3,000.00) per month (the “Rent”). Tenant shall deliver Rent to Landlord at the address specified in the Notice section, or by electronic payment. The first Rent payment shall be due within thirty (30) days after the Rent Commencement Date. Subsequent Rent shall be payable, in advance, by the fifth day of each month. b) The Lease Fee at each anniversary of the Rent Commencement Date shall be increased by three percent (3%) of the Lease Fee for the immediately preceding year.

5. Access. Tenant shall have unimpeded twenty-four-hour-a-day, seven-day-a-week access to the Premises at all times during the term of this Agreement. Tenant agrees to install fencing approved by Landlord around the Premises with a secure access gate at Tenant’s expense that provides access to the Premises directly from the public right of way. Upon the Effective Date, Landlord shall provide all applicable access key(s) and a defined and accessible location on the Property for Tenant to install a secure lockbox to store any such access key(s) necessary to allow for 24-hours-a-day, 7-days-a-week physical access to all of Tenant’s equipment or conduits.  Landlord shall not change the method(s) of access or access key(s), without providing Tenant prior written notice and an updated set of access keys or new access code(s).

6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant’s (subject to Tenant’s rights under this Agreement, including, without limitation, non-interference).

Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice.

7. Utility Services. Tenant shall have the right to connect to, maintain, repair, modify, upgrade, remove or replace existing utility-related equipment and/or construct and install new utility-related equipment and lines, including a generator, optical fiber facilities and alternative energy related equipment, to service its Antenna Facilities (collectively, the “Utility Facilities”). Landlord shall have the right to review and approve the equipment referenced herein, such approval not to be unreasonably withheld, conditioned or delayed. The Utility Facilities may be brought by Tenant to the Property and the Premises, and the charges for utility usage (the “Utility Fees”) shall be payable, by one of the following methods:
a) Separate Meter. Tenant may install a separate meter at any time during the Term of the Lease and will remit payment directly to the utility provider. The Landlord may also have the right to install a separate meter at any time during the Term of the Lease and may then require Tenant remit payment directly to the utility provider.
b) Smart Sub-meter. Tenant may install a submeter that can be remotely managed and read (“Smart Submeter”). The Smart Submeter will be read on a regular/ quarterly basis and Tenant will be directly invoiced for its Utility Fees, with a copy provided to Landlord’s email address. Tenant will remit payment to the Landlord within thirty (30) days of receipt of the invoice. 46 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman
c) Until Tenant installs a separate meter or submeter, Tenant shall pay Landlord Utility Fees in the amount of Three Hundred Dollars ($300.00) per month for its utility usage when usage commences.

8. Environmental Laws. Landlord and Tenant agree that it will conduct its activities on the Property in compliance with all applicable environmental laws. Landlord represents and agrees that, to the best of its knowledge, it has in the past and will in the future conduct its activities on the Property in compliance with all applicable environmental laws and that the Property is free of hazardous, toxic, or dangerous substances (collectively, the “Hazardous Substances”) as of the date of this Agreement. Tenant agrees to be responsible for all losses or damage caused by any Hazardous Substances that it may bring onto the Property and will indemnify Landlord for all such losses or damages. Landlord agrees to be responsible for all losses or damage caused by any Hazardous Substances on or entering the Property, except those brought onto the Property by Tenant, and will indemnify Tenant for all such losses or damages including the cost of any investigation or remediation, or other actions required to comply with applicable law.

9. Hold Harmless. Landlord and Tenant each agree to defend, indemnify, and hold harmless the other party from and against any and all claims, damages, cost and expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, (b) any spill or other release of any Hazardous Substances (as defined below) on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, or (c) a breach of any obligation of the indemnifying party under this Lease. The indemnifying party’s obligations under this subsection are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party and the indemnified party’s granting it the right to control the defense and settlement of the same. In no event shall either party be liable for any consequential, special, indirect, or punitive damages, or causes of loss, whether arising from breach of strict liability, contract, tort, or otherwise, and regardless of whether such party was advised of, or should have known, the possibility of such damages.

10. Insurance.
(a) During the Term, Tenant will provide Commercial General Liability insurance at least as broad as Insurance Services Office (ISO) form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 in the general aggregate, and $4,000,000 products and completed operations, and be endorsed to include Landlord its officers, officials, employees, and agents as additional insureds on the policy or policies with a blanket additional insured endorsement. The policy shall contain a per project or per location general aggregate endorsement. Coverage shall contain a waiver of subrogation in favor of the Landlord and its officers, officials, employees, and agents. Tenant may satisfy this requirement by obtaining appropriate endorsement to any primary policy of liability insurance Tenant may maintain. (b) During the Term, Tenant shall provide Automobile Liability insurance coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of not less than one million dollars ($1,000,000) per accident. The policy shall provide that the Landlord shall be included as additional insured. Coverage shall contain a waiver of subrogation in favor of the Landlord and its officers, officials, employees, and agents. (c) During the Term, Tenant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Vendor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and 47 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman
$1,000,000 by disease-each employee. No proprietor, partner, executive officer, or member shall be excluded. In the alternative, Vendor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. (d) Intentionally Omitted.
(e) Umbrella or Excess Liability: The limits of liability for Commercial General Liability and Automobile Liability may be provided through a combination of primary and umbrella or excess liability policies provided each policy complies with the requirements set forth in this agreement. Excess policies shall be follow-form to the underlying policies. Umbrella or excess policies shall include the required parties as additional insured.

11. Notice. All notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party.

If to Tenant:

T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/SC70098A
If to Landlord:

City of Kerman
Attn: City Manager
850 S, Madera Avenue
Kerman, CA 93630

12. Termination.
(a) Tenant may terminate this Agreement upon thirty (30) days prior written notice to Landlord, for any of the following reasons: (i) changes in local or state laws or regulations which adversely affect Tenant’s ability to operate; (ii) a Federal Communications Commission (“FCC”) ruling or regulation that is beyond the control of Tenant; (iii) in its sole discretion for technical, or economic reasons; or (iv) if Tenant is unable to obtain or maintain any Governmental Approval required for the construction or operation of Tenant’s Antenna Facilities. (b) Upon two (2) year prior written notice to the other party, Landlord or Tenant may terminate this Agreement for any or no reason.
(c) If either party is in default under this Agreement for a period of thirty (30) days following receipt of written notice from the non-defaulting party, the non-defaulting party may pursue any remedies available to it against the defaulting party at law and in equity, including, but not limited to, the right to terminate this Agreement. If a non-monetary default cannot reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default.
48 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman

13. Miscellaneous
(a) This Agreement may not be modified, and no waiver is effective, except by written agreement signed by both parties. The Tenant acknowledges that Landlord employees have no authority to modify this Agreement except as expressly provided in this Agreement. (b) Non-Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant will have the right, without consent of Landlord, to sublease (or otherwise transfer or allow the use of) all or any portion of the Premises or assign its rights under this Agreement in whole or in part to: (a) any entity controlling, controlled by or under common control with Tenant; (b) any entity acquiring substantially all of the assets of Tenant; or (c) any successor entity in a merger, acquisition or consolidation involving Tenant. Upon an assignment or transfer, Tenant shall be relieved of all liabilities and obligations and Landlord shall look solely to the transferee for performance under this Lease.
(c) Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.
(d) Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. The parties consent to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.
(e) Construction. The final form of this Agreement is the result of the parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party. (f) Days. Unless otherwise specified, “days” means calendar days. (g) Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.
(h) Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the parties’ original intent. (i) Nondiscrimination. During the performance of this Agreement, the Landlord shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.
(j) No Waiver. Payment, waiver, or discharge by the Tenant of any liability or obligation of the Landlord under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the Landlord and does not prohibit enforcement by the Tenant of any obligation on any other occasion.
49 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman
(k) Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the Landlord and the Tenant with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits. (l) No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties. (m) Authorized Signature. The Landlord represents and warrants to Tenant that Landlord is duly authorized and empowered to sign and perform its obligations under this Agreement. Tenant represents and warrants to the Landlord that the individual signing this Agreement on behalf of the Tenant is duly authorized to do so and his or her signature on this Agreement legally binds the Tenant to the terms of this Agreement.
(n) Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement.
[Remaining of page is left blank]
[Signature page follows]
50 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed set forth below as of the Effective Date.

LANDLORD
City of Kerman,
a political subdivision of the State of California
By:

Name:

Its:

Date:

TENANT
T-Mobile West LLC, a Delaware limited liability company By:

Name:

Its:

Date:
51 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman

EXHIBIT A
Lots 1, 2, 3, and 4 in Block 13 of the Town of Kerman, in the City of Kerman, County of Fresno, State of California, as per map recorded March 27, 1906, in Book 3, Page 31 of Record of Surveys, Fresno County Records. 52 Section 7, Item A.

Market: Sacramento Exhibit ‘A’
Site Number: SC70098A
Site Name: Kerman

EXHIBIT B

THIS EXHIBIT TO BE REPLACED WITH SITE PLAN AND ELEVATION

FROM CONSTRUCTION DRAWINGS PRIOR TO EXECUTION
53 Section 7, Item A.