Agenda packet — Kerman City Council, August 28, 2024 (part 2 of 2)

City of Kerman, Crown Schaad at Kearney Project
Title 22, Division 4.5. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.
• Future construction projects have the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Kerman Municipal Code and the Fresno County Noise Ordinance Code. • As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
• Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

If you have any questions, please contact Kevin Tsuda, [email protected], (559) 600-3271.

If you have any questions regarding the information described in this letter, please contact me at [email protected] or (559) 600-4305.

Sincerely,
Raymond Martin, Staff Analyst
Development Services and Capital Projects Division
G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\OAR\City of Kerman\Crown Schaad at Kearney\Crown Schaad at Kearney OAR Comment Response Letter.docx
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August 15, 2023
Jesus Orozco, Community Development Director
Community Development Department
850 S. Madera Ave
Kerman, CA 93630
Transmitted by Email to: [email protected]
RE: ANX 2023-02, REZ 2023-02, OTA 2023-05, TSM 2023-02, DPL 2023-03) Applicant Name Crown – Schaad at Kearney
Project Address: NA
Project City & Zip Kerman, 93630
Project APN: 020-140-22S and 020-140-23S

North Central Fire Protection District (NCFPD) has received the plans for the above referenced project along with the associated documentation for the second-hand store.

The Fire District does not have land use authority and cannot approve or deny these types of applications. The following comments are offered at this time as advisements to the project for future permitting requirements. The comments / conditions are in accordance with the 2022 edition of the California Building, Residential and Fire Codes. This review is ONLY for the referenced applications. Review was NOT completed for structural elements of the site or life safety requirements.

Before plans are submitted to the North Central Fire Protection District please visit our website at www.NorthCentralFire.org and fill out the Fire District Permit Application (DFP-001f) to submit with your plans.

The conditions of approval are as follows:

1. In accordance with the California Residential Code, all new homes shall be provided with fire sprinklers designed and installed in accordance with NFPA 13D as adopted by the state.

2. Fire hydrants shall be provided in accordance with Chapter 5 and Appendix B and C of the California Fire Code. Hydrant location and water supply shall be reviewed at the time of Civil Plan submittal. Plans shall

NORTH CENTRAL FIRE PROTECTION DISTRICT
Board of Directors: Ken Abrahamian • Cheryl Belluomini
Michael Foglio • Rusty Nonini • Amanda Souza
Fire Chief: Timothy V. Henry , CFO, EFO
Fire Headquarters
15850 W. Kearney Boulevard
Kerman, California 93630-9335
(559) 275-5531 • FAX (559) 846-3788
www.northcentralfire.org
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be submitted to the Public Works Department as well as the Fire Department

3. Per the California Fire Code, Section 503.4.1, traffic calming is prohibited unless approved by the fire code official. If the project wishes to add traffic calming at a later date, plans shall be submitted to the fire department for approval prior to installation.

Please Note – requirements for your project may include but are not limited to:

Water Flow Requirements Fire Hydrants
Water Storage Requirements Fire Sprinklers Systems
Road Access Premises Identification
Title 15.60 County Ordinance NCFPD Ordinance 23-01
Please contact the NCFPD at [email protected] to schedule a site inspection for verification of the above conditions.

Sincerely,
George Apple, CFM
Contract Fire Plans Examiner
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“Mission: To integrate with our community by exceeding traditional service expectations” 270
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Fresno Local Agency Formation Commission
LAFCo Office: 1401 Fulton Street, Suite 900, Fresno, CA 93721 Phone (559) 600-0604
August 2, 2023
Jesus Orozco
Community Development Director
City of Kerman
Dear Mr. Orozco:

Subject: Comments Regarding Concurrent Applications: Annexation (ANX 2023-02), Pre-zone (REZ 2023-02), Tentative Subdivision Map (TSM 2023-02), Ordinance Text Amendment (OTA 2023-03), Development Plan (DPL 2023-03) and CEQA (ENV 2023-02).

Thank you for the opportunity to comment on this project. From the material provided to this office, my understanding of the project description is as follows:
• Annexation (ANX 2023-02), a request to approve the Annexation of APN:020-140-022S encompassing approximately 9.69 acres. This annexation request is consistent with the 2040 General Plan goals and policies (LU-3), and the City/County MOU agreed to and entered into in 2021;
• Pre-zone (REZ 2023-02) pertains to the pre-zoning of the proposed project. Currently the project area is zoned AE-20 – Exclusive Agricultural County zoning. The project will be prezoned to an SD-R-5 (Single-Fam) City zone consistent with the Medium Density Residential (MDR);
• Ordinance Text Amendment (OTA 2023-05) pertains to A zoning Ordinance Text Amendment amending the City’s official zoning map that will be processed concurrently with the Pre-zone and Annexation process;
• Development Plan (DPL 2023-03) pertains to physical elements associated with the development (e.g., architecture, floor plans, landscaping, parking, setbacks etc.) of TSM 2023-02 will be considered. Development Plan for the project will be considered separately.

Physical construction will be subject to the California Building Code and zoning Development Standards in effect at the time of approval and/or construction; • CEQA (ENV 2023-02) pertains to an initial study being prepared for the project consistent with CEQA guidelines;
• Tentative Subdivision Map (TSM 2023-03) pertains to the subdivision of land and proposed street dedications/improvements to accommodate for the above referenced uses. The proposed project would include A tentative subdivision map encompassing 163 single-family residential units will be considered. Access to the site will be via S Kenneth Ave and W Kearney Blvd. Interior streets will be developed to current City standards.

The Fresno Local Agency Formation Commission (LAFCo) regulates, through approval or denial, the boundary changes proposed by local agencies or individuals. LAFCo’s objectives are to:
• Encourage orderly formation and development of agencies; • Encourage consistency with spheres of influence and recommended reorganization of agencies;
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Jesus Orozco
City of Kerman

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• Encourage orderly urban development and preservation of open space patterns; • Encourage conservation of prime agricultural lands and open space areas; and • Identify and address disadvantaged unincorporated communities.

LAFCo should be identified in the city’s environmental document as a Responsible Agency under CEQA whose role is to consider reorganizations and spheres of influence. Commission action on the reorganization request should be noted in the environmental document. As a Responsible Agency, the Commission is required to review and consider the City’s environmental documents prior to taking its action. A Responsible Agency complies with CEQA by considering the environmental analysis prepared by the Lead Agency and by reaching its own conclusions on whether and how to approve the project. The Commission may then make a finding that it independently reviewed and considered the information in the environmental document and that the environmental document is sufficient to support a determination on the proposed reorganization.

Project-Specific Comments
The city will be required to submit the appropriate application materials including fees to LAFCo for reorganization. These materials are enumerated on our website (www.fresnolafco.org) through the “Applications and Documents” tab under “Items Necessary for a complete application”.

The fee schedule for changes of organization/reorganization (annexation) of 6-10 acres is $4,800.

Annexation of full rights of way contiguous to parcel boundaries should be presumed in the reorganization’s legal description and map.

Thank you for the opportunity to provide comments. If you have any questions, please contact me at (559) 600-0604.

Sincerely,
Juan Lara
LAFCo Analyst III
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Plan Review Team
Land Management
[email protected]
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June 26, 2023
Jesus Orozco
City of Kerman
850 S Madera Ave
Kerman, CA 93630
Ref: Gas and Electric Transmission and Distribution
Dear Jesus Orozco,
Thank you for submitting the ANX 2023-02 & TSM 2023-02 plans for our review. PG&E will review the submitted plans in relationship to any existing Gas and Electric facilities within the project area. If the proposed project is adjacent/or within PG&E owned property and/or easements, we will be working with you to ensure compatible uses and activities near our facilities.

Attached you will find information and requirements as it relates to Gas facilities (Attachment 1) and Electric facilities (Attachment 2). Please review these in detail, as it is critical to ensure your safety and to protect PG&E’s facilities and its existing rights.

Below is additional information for your review:

1. This plan review process does not replace the application process for PG&E gas or electric service your project may require. For these requests, please continue to work with PG&E Service Planning: https://www.pge.com/en_US/business/services/buildingand-renovation/overview/overview.page.

2. If the project being submitted is part of a larger project, please include the entire scope of your project, and not just a portion of it. PG&E’s facilities are to be incorporated within any CEQA document. PG&E needs to verify that the CEQA document will identify any required future PG&E services.

3. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities.

Any proposed uses within the PG&E fee strip and/or easement, may include a California Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851filing is required.

This letter does not constitute PG&E’s consent to use any portion of its easement for any purpose not previously conveyed. PG&E will provide a project specific response as required.

Sincerely,
Plan Review Team
Land Management
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Attachment 1 – Gas Facilities
There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW-2018.pdf

1. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811. A minimum notice of 48 hours is required. Ensure the USA markings and notifications are maintained throughout the duration of your work.

2. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice.

Any temporary construction fencing installed within PG&E’s easement would also need to be capable of being removed at any time upon notice. Any plans to cut temporary slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

3. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe.

Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas.

Due to the complex variability of tracked equipment, vibratory compaction equipment, and cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas pipeline (provide a list of any proposed equipment of this type noting model numbers and specific attachments).

No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be parked over the gas pipeline while being loaded or unloaded.

4. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot exceed a cross slope of 1:4.

5. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that while the minimum clearance is only 24 inches, any excavation work within 24 inches of the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the math for a 24 inch 274
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wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away.

Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

6. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are stringent criteria to pothole the gas transmission facility at regular intervals for all parallel bore installations.

For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum of 24 inches in the vertical direction from the bottom of the pipe with minimum clearances measured from the edge of the pipe in both directions. Standby personnel must watch the locator trace (and every ream pass) the path of the bore as it approaches the pipeline and visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the pipeline to ensure adequate clearance with the pipeline. The pothole width must account for the inaccuracy of the locating equipment.

7. Substructures: All utility crossings of a gas pipeline should be made as close to perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have a minimum of 24 inches of separation from the gas pipeline. Parallel utilities, pole bases, water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices or other utility substructures are not allowed in the PG&E gas pipeline easement.

If previously retired PG&E facilities are in conflict with proposed substructures, PG&E must verify they are safe prior to removal. This includes verification testing of the contents of the facilities, as well as environmental testing of the coating and internal surfaces. Timelines for PG&E completion of this verification will vary depending on the type and location of facilities in conflict.

8. Structures: No structures are to be built within the PG&E gas pipeline easement. This includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its facilities.

9. Fencing: Permanent fencing is not allowed within PG&E easements except for perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates will be secured with PG&E corporation locks.

10. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement area.

Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area.
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11. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes, service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic protection system must be reviewed and approved by PG&E Corrosion Engineering.

12. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines.

With prior written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign that is in direct conflict with proposed developments may be temporarily relocated to accommodate construction work. The pipeline marker must be moved back once construction is complete.

13. PG&E is also the provider of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs which may endanger the safe operation of its facilities.
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Attachment 2 – Electric Facilities
It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows:

1. Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.”

2. Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.

Developers must submit grading plans and site development plans (including geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-toconductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure.

3. Fences: Walls, fences, and other structures must be installed at locations that do not affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence or other like structure is to be installed within 10 feet of tower footings and unrestricted access must be maintained from a tower structure to the nearest street. Walls, fences and other structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E Centralized Review Team for review and comment.

4. Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that do not exceed 10 feet in height at maturity. PG&E must have access to its facilities at all times, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged.

5. Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines.

6. Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet.

Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed.

7. Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators are allowed.
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8. Streets and Roads: Access to facilities must be maintained at all times. Street lights may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for proper clearance. Roads and utilities should cross the transmission easement as nearly at right angles as possible. Road intersections will not be allowed within the transmission easement.

9. Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are not allowed. Construction plans must be submitted to PG&E for review and approval prior to the commencement of any construction.

10. Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.

11. Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications.

12. Construction Activity: Since construction activity will take place near PG&E’s overhead electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations.

Contractors shall comply with California Public Utilities Commission General Order 95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No construction may occur within 25 feet of PG&E’s towers. All excavation activities may only commence after 811 protocols has been followed.

Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by (installing protective barriers) Plans for protection barriers must be approved by PG&E prior to construction.

13. PG&E is also the owner of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable operation of its facilities.
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Plan Review Team
Land Management
[email protected]
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July 24, 2023
Jesus Orozco
City of Kerman
850 S Madera Ave
Kerman, CA 93630
Re: Tract 6447 Tentative Subdivision Map
W Kearney Boulevard, Kerman, CA 93630
Dear Jesus Orozco,
Thank you for giving us the opportunity to review the proposed Tract 6447 Tentative Subdivision Map. The installation of new gas and electric facilities and/or relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission.

Following our review, PG&E recommends the following language be expressly stated for the offer to dedicate Public Utility Easements (PUE):

I/We the undersigned, as Owner(s) of the land shown hereon, do hereby state that I/we am/are the only person(s) whose consent is necessary to pass clear title to said land and do hereby consent to the preparation and recordation of this map and offer for dedication and do hereby dedicate for public uses the Public Utility Easements (PUEs) shown on this map for public utility purposes including electric, gas, communication facilities and all other public utility purposes; together with any and all appurtenances thereto, including the right from time to time to trim and to cut down and clear away or otherwise control any trees or brush. The PUEs hereby offered for dedication are to be kept open and free of buildings, structures and wells of any kind.

The final map must contain a statement setting forth dedications and offers to dedicate interests in real property for public utility purposes. If the offer of dedication has terminated, or the local agency declines to accept it, the applicant maybe required to provide an easement in gross satisfactory to PG&E. Please note that this is our preliminary review and PG&E reserves the right for future review as needed. Please work with PG&E’s Service Planning department at www.pge.com/cco for additional services you may require, or for any modification and/or relocation requests.

Sincerely,
Alexa Gardea
Land Management
916-760-5738
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July 31, 2023
Jesus R. Orozco
City of Kerman
Community Development Department
850 S. Madera Avenue
Kerman, CA 93630
Project: Annexation (ANX 2023-02), Pre-zone (REZ 2023-02), Tentative Subdivision Map (TSM 2023-02), Ordinance Text Amendment (OTA 2023- 05), and Development Plan (DPL 2023-03) for Crown/Schaad at Kearney Project
District CEQA Reference No: 20230579
Dear Mr. Orozco:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the Annexation (ANX 2023-02), Pre-zone (REZ 2023-02), Tentative Subdivision Map (TSM 2023-02), Ordinance Text Amendment (OTA 2023-05), Development Plan (DPL 2023- 03) for Development Application (DA) from City of Kerman (City) for the Crown/Schaad at Kearney Project. Per the DA, the project consists of 163 single-family residential units on 29.34 acres (Project). The Project is located approximately 1,000 feet west of the northwest intersection of South Siskiyou Ave. and West Kearney Ave., in Kerman, CA 93630.

The District offers the following comments regarding the Project:

Project Related Emissions
At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, PM2.5 standards.

The District’s initial review of the Project concludes that emissions resulting from construction and/or operation of the Project may exceed any of the following 280
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significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://www.valleyair.org/transportation/GAMAQI.pdf.

The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions.

Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment.

Operational Emissions
Operational (ongoing) air emissions from mobile sources and stationary sources should be analyzed separately. For reference, the District’s significance thresholds are identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts:
https://www.valleyair.org/transportation/GAMAQI.pdf.

Recommended Mitigation Measure: At a minimum, project related impacts on air quality should be reduced to levels of significance through incorporation of design elements such as the use of cleaner Heavy Heavy-Duty (HHD) trucks and vehicles, measures that reduce Vehicle Miles Traveled (VMTs), and measures that increase energy efficiency. More information on transportation mitigation measures can be found at:
https://ww2.valleyair.org/media/ob0pweru/clean-air-measures.pdf Recommended Model for Quantifying Air Emissions
Project-related criteria pollutant emissions from construction and operational sources should be identified and quantified. Emissions analysis should be performed using the California Emission Estimator Model (CalEEMod), which uses the most recent CARB-approved version of relevant emissions models and emission factors. CalEEMod is available to the public and can be downloaded from the CalEEMod website at: www.caleemod.com.

Health Risk Screening/Assessment
The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions.

To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization 281
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and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks.

Prioritization (Screening Health Risk Assessment):

A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology.

The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.

To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here:
http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORI TIZATION-CALCULATOR.xls
Health Risk Assessment:

Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA.

A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here:
http://www.valleyair.org/transportation/ceqa_idx.htm.

A project with a significant health risk would trigger all feasible mitigation measures.

The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency. 282
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The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
 HRA (AERMOD) modeling files
 HARP2 files
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

For assistance, please contact the District’s Technical Services Department by:
 E-Mailing inquiries to: [email protected]
 Calling (559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resourcecenter/strategy-development/land-use-resources.

Ambient Air Quality Analysis
An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant.

An acceptable analysis would include emissions from both project-specific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.

Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
www.valleyair.org/ceqa.

Voluntary Emission Reduction Agreement
Criteria pollutant emissions may result in emissions exceeding the District’s significance thresholds, potentially resulting in a significant impact on air quality.

When a project is expected to have a significant impact, the District recommends the environmental review also include a discussion on the feasibility of implementing a Voluntary Emission Reduction Agreement (VERA) for this Project. 283
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A VERA is a mitigation measure by which the project proponent provides pound-forpound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District’s incentives programs.

The funds are disbursed by the District in the form of grants for projects that achieve emission reductions. Thus, project-related impacts on air quality can be mitigated.

Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy-duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of agricultural equipment with the latest generation technologies.

In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. After the project is mitigated, the District certifies to the Lead Agency that the mitigation is completed, providing the Lead Agency with an enforceable mitigation measure demonstrating that project-related emissions have been mitigated. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document includes an assessment of the feasibility of implementing a VERA.

Vegetative Barriers and Urban Greening
There are residential units located north, south and east of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units).

While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery. 284
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Clean Lawn and Garden Equipment in the Community
Since the Project consists of residential development, gas-powered lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions.

Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm
and http://valleyair.org/grants/cgym-commercial.htm.

On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project.

Electric Vehicle Chargers
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations.

Please visit www.valleyair.org/grants/chargeup.htm for more information.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating 285
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Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.

District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888.

District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receives a projectlevel discretionary approval from a public agency and will equal or exceed 50 dwelling units of residential development.

The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions.

Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project-level approval from a 286
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public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design. One AIA application should be submitted for the entire Project.

Information about how to comply with District Rule 9510 can be found online at:
http://www.valleyair.org/ISR/ISRHome.htm.

The AIA application form can be found online at:
http://www.valleyair.org/ISR/ISRFormsAndApplications.htm.

District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm.

District Rule 4601 (Architectural Coatings)
The Project will be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
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Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters.

Specifically, at elevations below 3,000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater.

Information about District Rule 4901 can be found online at:
http://valleyair.org/rule4901/
Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.
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If you have any questions or require further information, please contact Michael Corder by e-mail at [email protected] or by phone at (559) 230-5818.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
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Attachment 'F'
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Attachment ‘G’
ORDINANCE NO. 24-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING REZONE 2023- 02 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF KERMAN TO PREZONE A PROPERTY CONTAINING APPROXIMATELY 9.69 ACRES TO THE SD-R-4.5 (SMART

DEVELOPMENT COMBINING) ZONE DISTRICT AND REZONE A PROPERTY CONTAINING APPROXIMATELY 19.65 ACRES FROM THE R-1-7 (SINGLE FAMILY RESIDENTIAL) TO THE SD-R4.5 (SMART DEVELOPMENT COMBINING) ZONE DISTRICT LOCATED ON THE NORTH SIDE OF

WEST KEARNEY BOULEVARD BETWEEN SOUTH MODOC AND SOUTH SISKIYOU AVENUES (APN 020-140-22S & 020-140-23S) AND ADOPT MITIGATED NEGATIVE DECLARATION (ENV 2023-03) AND MITIGATED MONITORING AND REPORTING PROGRAM WHEREAS, an application was filed by Joseph Crown Construction & Development, pertaining to two parcels consisting of 29.34 acres located on the north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues identified as APNs 020-140-22S and 020-140-23S (“Project Area”); and
WHEREAS, because a portion of the Project Area is outside of City limits and currently has County agricultural zoning, a rezone application to prezone the property is needed; and WHEREAS, the Project Area has a City of Kerman 2040 General Plan land use designation of MDR – Medium Density Residential (approximately 29.34 acres); and WHEREAS, the requested Rezone 2023-02 proposes to prezone the Project Area within the County of Fresno that is currently zoned Agricultural Exclusive – 20 acres (AR-20) to SD-R4.5 zoning district (APN 020-140-22S) as shown in the attached Exhibit ‘1’, consistent with the MDR land use designation; and
WHEREAS, the requested Rezone 2023-02 proposes to rezone the Project Area within the City of Kerman currently zoned Single-Family Residential (7000 SF Min. Lot) (R-1-7) to SD-R-4.5 zoning district (APN 020-140-23S) as shown in the attached Exhibit ‘1’, consistent with the MDR land use designation; and
WHEREAS, development of the project will be consistent with the development standards of the SD-R-4.5, including those conditions prescribed by the Planning Commission, based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, approval of the project would also require approval of Annexation 2023-02, Development Plan Permit 2023-03, and Tentative Subdivision Map 2023-02; and WHEREAS, the City of Kerman, acting as the Lead Agency, prepared an Initial Study, Mitigated Negative Declaration (Environmental Assessment 2023-03), provided in the attached Exhibit ‘2’, and Mitigation Monitoring and Reporting Program (SCH #202404148), attached as Exhibit ‘3’, for the project, and this related rezone, and the project is in compliance with the California Environmental Quality Act (CEQA); and
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WHEREAS, the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, and the related Rezone and related entitlements were distributed for public review and comment to various local agencies and groups, and public notice of this public hearing was given by mailed and published notice, in accordance with the applicable State and Municipal Codes and standard practices; and
WHEREAS, pursuant to the provision of Title 17 of the Kerman Municipal Code, the City of Kerman City Council held a public hearing on August 28, 2024, to consider Rezone 2023-02 during which the Council solicited public testimony , considered the environmental assessment, and approved of the Rezone 2023-02 to amend the City’s Zoning Code on real property described herein below as Exclusive Agriculture to the SD-R-4.5 (APN 020-140-22S) and SingleFamily Residential (7000 SF Min. Lot) (R-1-7) to SD-R-4.5 (APN 020-140-23S) zone districts; and WHEREAS, the City of Kerman Planning Commission held a public hearing on July 15th, 2024, and adopted a resolution recommending that the City Council approve an application for Rezone 2023-02.

NOW, THEREFORE, the City of Kerman City Council does ordain as follows:

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study and Mitigated Negative Declaration 2023-03 (MND) and Mitigated Monitoring and Reporting Program (SCH #202404148) to evaluate the environmental effects of the project, including the proposed annexation. The City Council has fully considered the Mitigated Negative Declaration. The Environmental Assessment / Initial Study was prepared for this project in accordance with the requirements of the CEQA Guidelines and reflects the City Council’s independent judgment and analysis. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment necessitated a thorough review of the proposed Project and relevant environmental issues. While the proposed Project could have a potentially significant effect on the environment, based on its independent judgment and analysis, the City Council finds that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where no significant effect on the environment will occur, and there is no substantial evidence in the record that this Project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. The proposed Project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The projectspecific mitigation measures included in the Project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this Project may have significant direct, indirect or cumulative effects on the environment. As such, the City 308
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Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the Project has been adequately environmentally assessed as required by CEQA per the Initial Study/Mitigated Negative Declaration.

3. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council adopts the Mitigated Negative Declaration prepared for the Project, including the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The City of Kerman Community Development Department located at 850 S. Madera Ave. Kerman, CA 93630, is designated as the custodian of the documents and other materials that constitute the record of proceedings upon which the decision is based. The City Council authorizes the Director, or designee, to execute and file with the Fresno County Clerk, as appropriate, a Notice of Determination for approval of the Project.

4. Rezone Findings. The City Council finds, as follows:
a. The change is consistent with the General Plan. The proposed use and development of the site is consistent with the General Plan. Upon approval of the annexation and prezone/rezone to the smart development zone district, the development of the site with residential uses and at densities allowed within the underlying land use designations will be consistent with the General Plan. Further, the pre-zoning and zoning change is consistent with the General Plan goals and policies including General Plan Policy LU3.2 Urban Form, LU-3.3 Prevent Sprawl Development, and LU-5.4 New Incompatible Land Uses as described below.

The portion of the project site that is outside City limits is within the “Area 1” growth line of the Sphere of Influence as identified in the General Plan. Based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city. Further, the Project meets several considerations of General Plan Policy LU-3.2 including meeting residential housing needs by offering wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties. Therefore, the Project is consistent with General Plan Policy LU-3.2.

The portion of the project site that is outside City limits is contiguous to existing and approved development within City limits. Therefore, the project is consistent with General Plan Policy LU-3.3.

The Project site is adjacent to existing or approved residential development. The Project would result in new residential uses within a residential area and would not introduce incompatible land uses or environmental hazards. Therefore, the project is consistent with General Plan Policy LU-5.4.
b. The change is consistent with the purpose of the Zoning Ordinance to promote the health, safety, and welfare of the community. The project has been reviewed by the 309
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various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. The proposed use and development are consistent with the applicable development standards. Any other improvements or mitigations required for the health, safety, and welfare of the community has been applied to this project as mitigation measures and conditions of approval. As a result, this project will not adversely affect the public health, safety, and welfare of the community. c. There will not be significant effects upon the quality of the environment and natural resources. An initial study was prepared for this project consistent with the California Environmental Quality Act (CEQA), which resulted in a proposed mitigated negative declaration (MND). Per the MND, the project will not have a significant, adverse effect on the environment as mitigated.

5. Approval of Rezone: The City Council adopts this ordinance approving Rezone 2023-02, pre-zoning approximately 9.69 aces to the SD-R-4.5 (Smart Development Combining District – Residential – minimum 4,500 square feet) zone district, and rezoning approximately 19.65 acres from the R-1-7 (Single-Family Residential) zone district to the SD-R-4.5 zone district located on the north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues as set forth in Exhibit A.

6. Severability: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

7. Certification: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted and codified in the manner required by law.

8. Effective Date of Ordinance: This ordinance shall be in full force and effect thirty (30) days after its passage.
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The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council on the ___ day of August, 2024, and passed and adopted at a regular meeting of the City Council on the ____ 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
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Exhibit ‘1’
Proposed Rezone/Prezone (Rezone 2023-02)

EXISTING ZONING DISTRICT NEW ZONING DISTRICT
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Exhibit ‘2’
Initial Study and Mitigated Negative Declaration (Environmental Assessment 2023-03) The Initial Study and Mitigated Negative Declaration (Environmental Assessment 2023-03) is posted on the City’s Website under the Community Development Department, Planning Division, Planning Projects, 2024 Projects webpage at https://www.cityofkerman.net/175/Planning-Projects. 313
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Exhibit ‘3’
Mitigation Monitoring and Reporting Program
CROWN-SCHAAD TSM 2023-02

MITIGATION MONITORING AND REPORTING PROGRAM
JULY 2024
This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the PRC (PRC). The timing of implementing each mitigation measure is identified in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a Project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Kerman is responsible for verifying that mitigation is performed/completed.

Mitigation Measures
Party
Responsible
for
Implementing
Mitigation
Timing of
Verification
Responsible
for
Monitoring
Compliance
Verification of
Completion
Date Initials
Biological Resources
Mitigation Measure BIO-1: Burrowing owls avoidance. The Project shall implement the following measures to avoid any potential impacts of nesting habitat of the Project in compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. Initiate grading/ground disturbance from Sept 1 – February 1 during the non-breeding period.
 Preconstruction Surveys. If construction is initiated during the nesting period (Feb 1 – Aug 30), conduct a preconstruction survey to confirm that no burrowing owl has taken up
residence in any parcels with ground burrowing mammals. If burrowing owl occupation is found, consult with the California Project
Applicant
Prior to issuance
of a construction
permit
NEEDS

ONGOING

COMPLIANCE
City of
Kerman
Building
Division
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Department of Fish and Wildlife to determine the appropriate avoidance and minimization measures.

Mitigation Measure BIO-2: San Joaquin kit fox Avoidance. The following measures are recommended to avoid any potential impact to San Joaquin kit fox during construction. These measures are designed to avoid and minimize any impact on San Joaquin kit fox in the unlikely event an individual is present within the Study Area at any time during construction.
• Prior to Construction: Prepare and conduct an employee education program prior to the start of construction. The program should consist of a brief presentation by persons knowledgeable in kit fox biology and legislative protection to explain endangered species concerns to contractors, their employees, and military and/or agency personnel involved in the Project. The program should include the following: A description of the San Joaquin kit fox and its habitat needs; a report of the occurrence of kit fox in the Project area; an explanation of the status of the species and its protection under the Endangered Species Act; and a list of measures being taken to reduce impacts to the species during Project construction and implementation (as summarized below). A fact sheet conveying this information should be prepared for distribution to the previously referenced people and anyone else who may enter the Project site.
• Avoidance and Minimization Measures During Construction:

The following measures should be included within the worker Project
Applicant
Prior to issuance
of a construction
permit
NEEDS

ONGOING

COMPLIANCE
City of
Kerman
Building
Division
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education program and in any Project specification and
contract.

1. Project-related vehicles should observe a daytime speed limit of 20 mph throughout the site in all Project areas, except on county roads and State and Federal highways;
this is particularly important at night when kit foxes are most active. No nighttime construction should occur,
given the species is primarily nocturnal.

2. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of a Project, all excavated, steep-walled holes or trenches more than 2
feet deep should be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of
earthen fill or wooden planks shall be installed. Before such holes or trenches are filled, they should be
thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the Service and the California Department of Fish and Game (CDFG) shall be
contacted as noted under measure 13 referenced below.

3. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipes and become trapped or
injured. All construction pipes, culverts, or similar
structures with a diameter of 4-inches or greater that are stored at a construction site for one or more overnight periods should be thoroughly inspected for kit foxes
before the pipe is subsequently buried, capped, or
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otherwise used or moved in any way. If a kit fox is
discovered inside a pipe, that section of pipe should not be moved until the Service has been consulted. If
necessary, and under the direct supervision of the
biologist, the pipe may be moved only once to remove it from the path of construction activity until the fox has escaped.

4. All food-related trash items such as wrappers, cans, bottles, and food scraps should be disposed of in securely closed containers and removed at least once a week from a construction or Project site.

5. No firearms shall be allowed on the Project site.

6. No pets, such as dogs or cats, should be permitted on the Project site to prevent harassment, mortality of kit foxes, or destruction of dens.

7. The use of rodenticides and herbicides in Project areas should be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds should observe labels and other restrictions
mandated by the U.S. Environmental Protection Agency,
California Department of Food and Agriculture, and other State and Federal legislation, as well as additional Projectrelated restrictions deemed necessary by the Service. If rodent control must be conducted, zinc phosphide should be used because of a proven lower risk to kit fox.
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8. A representative shall be appointed by the Project
proponent who will be the contact source for any
employee or contractor who might inadvertently kill or
injure a kit fox or who finds a dead, injured or entrapped kit fox. The representative will be identified during the employee education program, and their name and
telephone number shall be provided to the Service.

9. Upon completion of the Project, all areas subject to temporary ground disturbances, including storage and
staging areas, temporary roads, etc., should be recontoured if necessary and revegetated, if possible, to promote restoration of the area to pre-Project conditions.

10. Any contractor or employee responsible for inadvertently killing or injuring a San Joaquin kit fox shall immediately report the incident to their representative. This
representative shall contact the CDFG immediately in the case of a dead, injured, or entrapped kit fox.

11. The Sacramento Fish and Wildlife Office and CDFG shall be notified in writing within three working days of the
accidental death or injury to a San Joaquin kit fox during Project-related activities. Notification must include the date, time, and location of the incident or the finding of a dead or injured animal and any other pertinent
information.

12. New sightings of kit fox shall be reported to the California Natural Diversity Database (CNDDB). A copy of the
reporting form and a topographic map marked with the
318
Section 6, Item B.
location of where the kit fox was observed should also be provided to the Service at the address below.

Cultural Resources
Mitigation Measure CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the Project:
a. Cultural Resources Alert on Project Plans. The Project proponent shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. b. Stop Work Near any Discovered Cultural Resources. Should previously unidentified cultural resources be discovered during construction of the Project, the Project proponent shall cease work within 50 feet of the resources, and City of Kerman shall be notified immediately. The Project archaeologist meeting the Secretary of the Interior Professional Qualifications Standards for archeology shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2.
c. Mitigation for Discovered Cultural Resources. If the professional archaeologist determines that any cultural resources exposed during construction constitute a historical resource and/or unique archaeological resource, he/she shall notify the Project proponent and other appropriate parties of the evaluation and recommended mitigation measures to mitigate the impact to a less-than-significant level. If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be Project
Applicant
Prior to issuance
of a construction
permit
NEEDS

ONGOING

COMPLIANCE

THROUGHOUT

CONSTRUCTION
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Kerman
Building
Division
319
Section 6, Item B.
processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the California Register of Historical Resources (CRHR) and if applicable, National Register of Historic Places (NRHP). The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Mitigation measures may include avoidance, preservation in-place, recordation, additional archaeological testing and data recovery, among other options.

Treatment of any significant cultural resources shall be undertaken with the approval of the City of Kerman. The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Southern San Joaquin Valley Information Center (SSJVIC). The resources shall be photo documented and collected by the archaeologist for submittal to the City of Kerman. The archaeologist shall be required to submit to the City of Kerman for review and approval a report of the findings and method of curation or protection of the resources. This report shall be submitted to the SSJVIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities. Further grading or site work within the area of discovery shall not be allowed until the preceding steps have been taken. 320
Section 6, Item B.
d. Data Recovery. Should the results of item c. yield resources that meet CRHR significance standards and if the resource cannot be avoided by Project construction, the Project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology. Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5, Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s). As applicable, the final Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit. Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries. The final report shall be submitted to the SSJVIC upon completion.
e. Disposition of Cultural Resources. Upon coordination with the City of Kerman, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified 321
Section 6, Item B.
scientific institution where they would be afforded applicable cultural resources laws and guidelines.
f. Cultural Resources Monitoring. If mitigation measures are recommended by reports written under item c. or d., the Project applicant shall retain a qualified archaeologist to monitor Projectrelated, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the Project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts.

Upon completion of ground disturbance for the Project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the SSJVIC.

Geology and Soils
Mitigation Measure GEO-1: If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to
Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or Project
Applicant
During ground
disturbance
activities
NEEDS

ONGOING

COMPLIANCE

THROUGHOUT

CONSTRUCTION
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Kerman
Building
Division
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Section 6, Item B.
another appropriate facility regarding any discoveries of paleontological resources.

If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations, and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects or such effects must be mitigated.

Construction in that area shall not resume until the resourceappropriate measures are recommended or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the City of Kerman, Community Development
Department.

Hazards and Hazardous Material
Mitigation Measure HAZ-1: Test for Agricultural Pesticides. Prior to construction activities onsite, a limited Phase II investigation shall be conducted to assess the surface soil of the project site for residual organochlorine and lead arsenate pesticides. The Phase II investigation shall be conducted in accordance with guidelines developed by the Department of Toxic Substances Control (DTSC) and Environmental Protection Agency (EPA) for site assessments.

The Phase II investigation shall estimate the potential threat to public health and the environment if concentrations of pesticides Project
Applicant
Prior to ground
disturbing
activities
City of
Kerman
Building
Division
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Section 6, Item B.
are encountered using methods outlined in DTSC’s Preliminary Endangerment Assessment Guidance Manual and DTSC’s Screening Level Human Health Risk Assessment guidance for implementing screening level risk analysis. The Phase II investigation shall be submitted to the City of Kerman Community Development
Department for review and approval by an independent third-party reviewer. If the Phase II testing reveals concentrations of organochlorine pesticides and lead arsenic above health-based screening levels for residential exposure, remediation of the site shall be required to address residual organochlorine and lead arsenate pesticides above health-based level of concern.

Remediation may include excavation and disposal of impacted soil or capping elevated areas beneath paved areas. The Construction Contractor shall implement the recommendations outlined in the Phase II.

Noise
Mitigation Measure NOI-1: Noise sensitive land uses (e.g., residential uses, schools, churches) within 500 feet of the exterior boundaries of the Project site shall be notified about the estimated duration and hours of construction activity at least 30 days before the start of construction, with the exception of construction activities related to emergency work. The notice shall be an informational document containing the estimated duration and hours of construction activity, a primary contact for complaints, and reference to compliance with Kerman Municipal Code Chapter 9.26 Prohibition of Unreasonably Loud and Unnecessary Noise. The notice shall be mailed by first class mail to every owner whose name and address appears on the last equalized County Assessment Roll for any property within 500 feet of the exterior boundaries of the Project
Applicant
At least 30-days
before
construction

ONGOING

THROUGHOUT

CONSTRUCTION
City of
Kerman
Building
Division
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Section 6, Item B.

Project site. Proof of mailing shall be provided to the City of Kerman, Community Development Department. Separate notices and proof of mailings shall be sent and submitted for all phases of construction.

Mitigation Measure NOI-2: Temporary sound barriers shall be erected between the construction area/site and existing residential structures. Sound barriers shall be of sufficient height and length to block the line of sight between the construction site and residential structures and shall be continuous with no gaps or holes between panels or the ground. Sound barriers shall be constructed of material with a weight of two (2) pounds per square foot and shall have a minimum Sound Transmission Class (STC) rating of 28. Sound blankets may be used in place of temporary sound barriers; however, it must be demonstrated the sound blankets meet a STC rating of 28 and shall be of sufficient length to overlap each other and the ground surface. Implementation of temporary sound barriers shall be indicated in the General Construction Notes for the project and verified by the City of Kerman Building Division during the building permit process.

Project
Applicant
Prior to issuance
of building
permit

ONGOING

THROUGHOUT

CONSTRUCTION
City of
Kerman
Building
Division
Tribal Cultural Resources
See Cultural Resources Project
Applicant
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Section 6, Item B.

Attachment ‘H’
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN INITIATING ANNEXATION FOR THE CROWN-SCHAAD RESIDENTIAL PROJECT AREA CONSISTING OF ONE (1) PARCEL IDENTIFIED AS APN 020-140-22S CONTAINING APPROXIMATELY 9.69 ACRES LOCATED ON

THE NORTH SIDE OF WEST KEARNEY BOULEVARD BETWEEN SOUTH MODOC AND SOUTH SISKIYOU AVENUES (ANNEXATION 2023-02)
WHEREAS, the City of Kerman desires to initiate proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and
WHEREAS, Government Code section 56654 provides that “[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency . . . [;]” and WHEREAS, the specific changes of organization requested consists of an annexation to the City of Kerman and detachment from the County of Fresno and a reorganization from the Kings River Conservation District into the Fresno Irrigation District of the parcel identified as APNs 020-140-22S and the adjacent right-of-way on West Kearney Boulevard (“Project Area”); and
WHEREAS, a map of the boundaries of the territory is set forth in Exhibit ‘1’ attached hereto and by this reference incorporated herein; and
WHEREAS, the affected territory proposed to be changed is uninhabited, and on this day contains 0 registered voters, according to information received from the County Elections Office; and
WHEREAS, the proposed annexation area is inside the Sphere of Influence (SOI) of the City of Kerman; and
WHEREAS, the City has an agreement with the County of Fresno to comply with Revenue and Tax Code Section 99 regarding property tax revenue transfer upon annexation, which memorandum of understanding includes standards of annexations; and WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the reasons for this proposed annexation is to allow for the implementation of City of Kerman 2040 General Plan adopted July 2020 through the development of a residential project proposed by Joseph Crown Construction & Development (“Developer”); and WHEREAS, the Project Area contains approximately one (1) existing parcel containing approximately 9.69 acres within the City’s existing Sphere of Influence, and is located on the 326
Section 6, Item B.
north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (see Exhibit ‘1’); and
WHEREAS, approval of the project would require approval of Rezone 2023-02, Tentative Subdivision Map 2023-02, Development Plan Permit 2023-03, and Annexation 2023-02; and WHEREAS, the City prepared an Initial Study, Mitigated Negative Declaration 2023-03 and Mitigation Monitoring and Reporting Program dated June 2024 (SCH #202404148) for the project, and this related annexation; and
WHEREAS, the Planning Commission held a public hearing on July 15, 2024, to consider a recommendation to the City Council regarding annexation of the Project Area; and WHEREAS, in conjunction with the public hearing on July 15, 2024, the Planning Commission considered a recommendation of annexation for the Project Area, consistent with the General Plan; and
WHEREAS, after due consideration of all the items before it, the Planning Commission recommended the City Council initiate the annexation of the Project Area; and WHEREAS, all prerequisites for the initiation of proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, have been met; and WHEREAS, after due consideration of all the items before it, the City Council now desires to adopt this Resolution to initiate proceedings for the affected territory as set forth in Exhibit ‘1’.

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

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. The City Council concurrently adopted Mitigated Negative Declaration 2023-03 (MND) for the project. The MND identified annexation of the entire Project Area that is not within the City limits. The annexation does not change the environmental assessment of the MND. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the adoption of the MND that the project will have significant effect not discussed in the MND. As such, the City Council finds Annexation 2023-02 has already been fully assessed in accordance with CEQA, no subsequent review is 327
Section 6, Item B.
required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the Kerman General Plan. In this regard, the City Council finds that public necessity, convenience, general welfare, or good zoning practices justify annexation of the Project Area. Specifically, the annexation and pre-zoning change is consistent with the General Plan goals and policies, any operative plan, or adopted policy, including General Plan Policy LU-3.2 Urban Form, LU-3.3 Prevent Sprawl Development, and LU-5.4 New Incompatible Land Uses as described below, and implements the planned residential land uses in the Project Area.

General Plan Policy LU-3.2. Urban Form: The Project site is within the City’s Sphere of Influence and is within the “Area 1” growth line as identified in the General Plan. Based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city. Further, the Project meets several considerations of General Plan Policy LU-3.2 including meeting residential housing needs by offering a wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties. Therefore, the Project is consistent with General Plan Policy LU-3.2.

General Plan Policy LU-3.3. Prevent Sprawl Development. The Project Area is contiguous to existing and approved development within City limits. Therefore, the Project is consistent with General Plan Policy LU-3.3.

General Plan Policy LU-5.4. New Incompatible Uses. The Project Area is adjacent to existing or approved residential development. The Project would result in new residential uses within a residential area and would not introduce incompatible land uses or environmental hazards. Therefore, the Project is consistent with General Plan Policy LU-5.4.

The change is also consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect public health, safety, peace, comfort, and general welfare. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City and to provide sites for needed residential uses consistent with the General Plan.

4. Findings for Annexation. The City Council further finds:
a. The proposed annexation is within the City’s adopted Sphere of Influence. This project is located within Area 1 of the proposed Sphere of Influence outlined in the General Plan and maintains growth management controls consistent with the General Plan. Based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city. Further, the Project meets several considerations of General Plan Policy LU-3.2 Urban Form including meeting residential housing needs by offering wider and more diverse range of housing and community 328
Section 6, Item B.
needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties. b. The proposal must be consistent with city general and specific plans, including adopted goals and policies. The proposed annexation area will be consistent with the City’s General Plan goals and policies including General Plan Policy LU-3.2 Urban Form, LU-3.3 Prevent Sprawl Development, and LU-5.4 New Incompatible Uses, contingent upon approval of the entitlements, including the Prezone/Rezone, Tentative Subdivision Map, and Development Plan. In particular, the Project site is in Area 1 of the proposed Sphere of influence outlined in the General Plan, which allows the City to consider amendment and annexation requests into Area 1 based on the ability of the City to provide services to the area. Based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city.

Further, the Project meets several considerations of the General Plan including meeting residential housing needs by offering wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties.

The Project site is also contiguous to existing and approved residential development within City limits and would result in new residential uses within a residential area and thereby would not introduce incompatible land uses or environmental hazards. c. Pursuant to CEQA, the proposal must mitigate any significant adverse effect on continuing agricultural operations on adjacent properties, to the extent reasonable and consistent with the applicable general and specific plan. The City has prepared an Initial Study / Mitigated Negative Declaration (MND) for the project. The MND has concluded that no significant environmental impacts will occur as a result of the project. d. At least 25% of the area proposed for annexation has an approved tentative subdivision map(s) (single-family residential) and an approved site plan (for uses besides singlefamily). The proposed annexation would meet this condition whereby at least 25% of the proposed annexation area will include an approved tentative subdivision map for singlefamily residential. e. The annexation is to fulfill the city’s Regional Housing Needs Allocation (RHNA) obligation which otherwise cannot be accommodated on lands currently within the city’s incorporated boundary. The proposed annexation would meet this condition whereby the City has contemplated this annexation area as a housing program necessary to fulfill RHNA obligations within the City’s 6th Cycle Housing Element Update. f. The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas and corridors, or other distortion of boundaries. The proposed annexation area would not create islands. New boundaries would not create any peninsulas or corridors.

5. Approval of Initiation of Reorganization. Based on the information provided above, the City Council of the City of Kerman approves initiation of the annexation and reorganization for the entire Project Area that is not within the City limits, by adopting a resolution of 329
Section 6, Item B.
application requesting the Local Agency Formation Commission of Fresno County to initiate proceedings for the change of organization of territory as described in Exhibit ‘1’, in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The City Council authorizes and directs the City Manager to take all necessary steps to effectuate and initiate such reorganization proceedings, and to support Developer’s processing of the same at Developer’s sole cost and expense.

6. Effective Date of Resolution. This resolution shall become effective immediately after the City Council approves Rezone 2023-02 and said ordinance adopting the same then becomes effective.

The foregoing resolution was introduced and adopted by the City Council of the City of Kerman at a regular meeting held on the 28th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
City Clerk
330
Section 6, Item B.

Exhibit ‘1’
Proposed Area of Annexation (Annexation 2023-02)
331
Section 6, Item B.
332
Section 6, Item B.

Attachment ‘I’
RESOLUTION NO. 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING VESTING TENTATIVE SUBDIVISION MAP 2023-02 LOCATED ON THE NORTH SIDE OF WEST KEARNEY

BOULEVARD BETWEEN SOUTH MODOC AND SOUTH SISKIYOU AVENUE, APNS 020-140-22S & 020-140-23S
WHEREAS, Joseph Crown Construction & Development submitted Vesting Tentative Subdivision Map 2023-02 to subdivide the approximately 29-acre parcels identified as APN 020- 140-22S and 020-140-23S located on the north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues; and
WHEREAS, Vesting Tentative Subdivision Map 2023-02 will subdivide the 29-acre parcels into 163 lots for single-family residential development; and WHEREAS, Annexation 2023-02 and Rezone 2023-02 were considered concurrently by the City Council with Vesting Tentative Subdivision Map 2023-02; and WHEREAS, the City of Kerman, acting as the Lead Agency, prepared an Initial Study and Mitigated Negative Declaration 2023-02 and Mitigation Monitoring and Reporting Program dated June 2024 (SCH # 2024040147) for the project, and this related Vesting Tentative Subdivision Map; and the project is in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Kerman on August 14, 2024, published a legal notice in compliance with State law concerning City Council consideration of Vesting Tentative Subdivision Map 2023-02 in the Kerwest News, a local newspaper of general circulation, which included the date and time of the City Council consideration of a recommendation for the approval of the Vesting Tentative Subdivision Map. In addition, a public hearing notice was mailed to each property owner within at least 500 feet of the project site, indicating the date and time of the public hearing regarding the proposed project in accordance with State law; and WHEREAS, on August 28, 2024, the City Council conducted a duly noticed public hearing Vesting Tentative Subdivision Map 2023-02, and concurrently considered Mitigated Negative Declaration 2023-03 and the Mitigation Monitoring and Reporting Program, Annexation 2023- 02 and Rezone 2023-02; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred, and the City Council now desires to approve Vesting Tentative Subdivision Map 2023-02.

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

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
333
Section 6, Item B.

2. CEQA. The City Council concurrently adopted Mitigated Negative Declaration 2023-03 (MND) for the project. The MND identified the tentative subdivision map. The tentative subdivision map does not change the environmental assessment of the MND. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the adoption of the MND that the project will have significant effect not discussed in the MND. As such, the City Council finds Vesting Tentative Subdivision Map 2023-02 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. Subdivision Findings. The City Council determines that none of the findings required by the City’s Subdivision Ordinance and the California Subdivision Map Act Section 66474 that require the City to deny approval of a tentative map apply to this project, or that findings regarding flood protection cannot be made. To the contrary, the City Council finds, as follows:
a. The proposed maps are consistent with applicable general and specific plans. The proposed map is consistent with the procedural requirements of the Subdivision Map Act and complies with the 2040 Kerman General Plan, Subdivision Ordinance, and Subdivision Map Act. There is no specific plan applicable to the site.

The proposed use and development of the site is consistent with the General Plan. Upon approval of the annexation and pre-zone/rezone to the smart development zone district, the development of the site with residential uses and at densities allowed within the underlying land use designations will be consistent with the General Plan. Further, the prezoning and zoning change is consistent with the General Plan goals and policies including General Plan Policy LU-3.2 Urban Form, LU-3.3 Prevent Sprawl Development, and LU-5.4 New Incompatible Land Uses as described below.

The portion of the project site that is outside City limits is within the “Area 1” growth line of the Sphere of Influence as identified in the General Plan. Based on the site’s proximity to City limits and existing infrastructure, the City is able to provide services to the site upon annexation to the city. Further, the Project meets several considerations of General Plan Policy LU-3.2 including meeting residential housing needs by offering wider and more diverse range of housing and community needs by providing open space and recreational facilities. In addition, there are no obstacles to growth such as cost of infrastructure or Williamson Act properties. Therefore, the project is consistent with General Plan Policy LU3.2. 334
Section 6, Item B.

The project site is adjacent to existing or approved residential development. The Project would result in new residential uses within a residential area and would not introduce incompatible land uses or environmental hazards. Therefore, the project is consistent with General Plan Policy LU-5.4.
b. The design and improvement of the proposed subdivisions are consistent with applicable general and specific plans. The proposed land division is consistent with the General Plan, including all applicable goals, policies and implementation measures.

The land division is consistent with the planned density and land use designated by the General Plan, as well as circulation, pedestrian accessibility, and other design or improvement requirements of the General Plan. Additionally, the proposed parcels will comply with minimum lot size standards and the residential land uses consistent with the General Plan and Zoning Ordinance. There is no specific plan applicable to the site. c. That the site is physically suited for the type of development. The subdivision map will create 163 parcels to support single-family residential uses. The site is physically suitable for such proposed type of residential use. Development is required to be consistent with the General Plan, Zoning Ordinance, Tentative Subdivision Map, and Development Plans, and there are no unusual conditions that would render the site physically unsuitable for such subsequent type of consistent development. d. That the site is physically suited for the density of development. The subdivision map will create 163 parcels to support single-family residential uses with ample open space. The site is physically suitable for such proposed density of development. All development is required to be consistent with the General Plan, Zoning Ordinance, Tentative Subdivision Map, and Development Plans. Such consistency would likewise require consistency with setbacks, building code, and other requirements that would ensure suitable density of development.
e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An initial study was prepared for this project consistent with the California Environmental Quality Act (CEQA), which resulted in a proposed mitigated negative declaration (MND). Per the MND, the project will not have a significant, adverse effect on the environment as mitigated. Therefore, the tentative subdivision map would not result in a substantial adverse effect to special status species, riparian or other natural habitat, wetlands, movement of migratory fish or wildlife species, or conflict with any local, regional or state preservation or conservation plans.
f. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. The lots created will comply with all applicable sanitary sewer, water service, and storm water runoff requirements, as well as other similar 335
Section 6, Item B.
environmental and life safety regulations and standards. Thus, the project is not likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. There are no public easements encumbering the property. Upon development, all modifications made to the existing public improvements fronting the parcels will be required to meet current City standards. h. That the proposed design provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Government Code Section 66473.1. As feasible, the project has attempted to take advantage of passive or natural cooling opportunities in subdivision design. Appropriate consideration was given to the local climate, while ensuring that heating and cooling opportunities did not result in the reduction of allowable densities or the percentage of a lot that may be occupied as contemplated by Government Code section 66473.1.

4. Approval with Conditions. Based on the aforementioned findings, the City Council approves Vesting Tentative Subdivision Map 2023-02 (Exhibit ‘1’), subject to the conditions set forth in Exhibit ‘2’ (Vesting Tentative Subdivision Map 2023-02 conditions of approval) attached hereto.

5. Effective Date of Resolution. This resolution shall become effective immediately after the City Council approves Rezone 2023-02 and said ordinance adopting the same then becomes effective.

The foregoing resolution was introduced and adopted by the City Council of the City of Kerman at a regular meeting held on the 28th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
City Clerk
336
Section 6, Item B.

Exhibit ‘1’
Vesting Tentative Subdivision Map 2023-02
337
Section 6, Item B.
338
Section 6, Item B.
339
Section 6, Item B.

Exhibit ‘2’
Conditions of Approval for Tentative Subdivision Map 2023-02 Crown-Schaad Residential Development
July 12, 2024
Engineering Conditions of Approval
The conditions of development approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of such fees, and a description of the dedications, reservations and other exactions. The applicant is hereby notified that the 90-day protest period commences from the date of approval of the development. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

The following are the conditions of approval imposed on the subject development. The applicant shall:

A. General

1. Comply with all applicable conditions set forth in Title 16 of the Kerman Municipal Code (Subdivisions).

2. Pay all applicable development impact fees at the rate in effect at the time of payment prior to the issuance of Building Permit. The applicant may be eligible for fee credits or fee reimbursements for over-sizing of facilities or construction of other eligible facilities included in the City of Kerman’s Impact Fee Study. The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements.

For any improvements deemed eligible for fee credits or reimbursements, the applicant shall submit itemized quantity and unit costs for each item prior to acceptance of the improvements by the City.

3. Provide security in a sum to be determined by the City Engineer, prior to release of development permits, for the guarantee of improvements construction and against claims that may arise from contractors and material vendors.

4. Provide security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.

5. Provide a soils report or a waiver of soils report for approval by the City Engineer with the first submittal of the improvement plans.
340
Section 6, Item B.

6. Obtain and comply with encroachment permits from affected jurisdictions for all work performed within their rights-of-way and easements.

7. Comply with all the requirements of the local utility, gas, electric, telephone, cable, and other communication companies (Utilities). It shall be the responsibility of the applicant to notify Utilities to remove or relocate poles where necessary. The City will not accept first submittal of improvement plans without proof that the applicant has provided the improvement plans and documents showing all proposed work to the Utilities.

8. Underground all existing overhead and any new utility facilities located along the frontage of the development.

9. Contact the United States Postal Service and address all requirements for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction. Applicant shall submit a copy of the Method of Delivery Agreement (MODA) to the City.

10. Install all improvements within public right-of-way and easements in accordance with affected jurisdictions standards, specifications, master plans, and record drawings.

11. Provide and pay for all compaction testing required by the City Engineer. Compaction test locations and depths shall be established by the City Engineer. Compaction test results shall be submitted in a format acceptable to the City Engineer, for review and approval.

12. Maintain the construction site, and any public streets fronting the site, clear of any construction or landscaping debris. The site shall not be used as a storage area for equipment, materials, or other items.

13. Maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Kerman Police Department, North Central Fire Protection District, and City Engineer. For developments occurring in phases, the applicant shall submit a schedule showing the sequence of development within the area covered by the tentative map.

14. Assume responsibility for all contractor’s actions during the course of any work occurring on the site. Designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the applicant. Said authorized representative shall be present while work is in progress.

During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the applicant or his authorized representative is not present for any part of the work where it may be necessary to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person(s) in charge of the particular work in reference to which the orders are given. Whenever orders are given to the applicant’srepresentative 341
Section 6, Item B.
or superintendent or foreman to do work required for the convenience and safety of the general public, such work shall be done at the applicant’s expense.

B. Maps and Plans

1. Contact the City Engineer to setup a Pre-Submittal Meeting prior to the initial submittal of the improvement plans. The applicant’s engineer is required to attend.

2. Submit a 18” x 26” final tract map, prepared by a registered civil engineer or licensed land surveyor, and adhering to Subdivision Map Act requirements and City of Kerman Municipal Code. The final tract map shall be drawn at a scale of 1"=100' and include the current filing fee, closure calculations, preliminary title report dated within 90 days of submittal, legal descriptions and drawings of required dedications. Upon approval of the final tract map, applicant shall submit a reproducible/electronic copy (PDF) to the City Engineer.

3. Submit a set of 24” x 36” construction plans prepared by a licensed Civil Engineer for review and approval of all required improvements prior to the release of any development permits. The plans shall include a site grading and drainage plan, landscaping and irrigation plans, and on-site and off-site utilities plan, if applicable, showing locations and sizes of storm drain, sewer and water mains, laterals, manholes, meters, valves, hydrants, etc.

4. Submit a reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans, and two (2) bound sets of the approved construction specifications, if any, prior to beginning any construction, or within ten (10) calendar days of approval.

5. Submit Pad Certification(s) prior to issuance of building permits.

6. Submit a PDF file of the approved set of construction plans revised to reflect all field revisions and marked "AS-BUILT" prior to City acceptance of the improvements.

7. Submit a copy of the recorded map to the County Surveyor’s Office pursuant to Section 66466(f) of the Subdivision Map Act and Section 8774.5(a) of the Professional Land Surveyors Act
C. Dedications and Street Improvements

1. Provide right-of-way acquisition or dedicate free and clear of all encumbrances and improve the following streets to City standards:
a) Kearney Boulevard
i) Dedicate a total of 42’ (30’ existing) north of center/section line for public street and utility purposes along development frontage.
342
Section 6, Item B.
ii) Dedicate 2’ pedestrian easement and 8’ landscape easement north of proposed right-of-way line.
iii) Relinquish all vehicular access to Kearney Boulevard for all single-family residential lots backing or siding onto this street.
iv) Construct improvements north of center/section line in accordance with City Standard P-1 for a Collector Street and approved tentative map. Improvements shall include curb and gutter, sidewalk, curb ramps, streetlights, landscaping, irrigation, and permanent paving.
v) Construct transitional paving as required.
vi) Install a Class II Bikeway along the development’s frontage vii) Modify the raised median west of the Kearney and Kenneth Avenues intersection to accommodate an eastbound left turn pocket with a storage capacity of 100 feet plus a bay taper.
b) 50’ Interior Residential Street
i) Dedicate 50’ for public street and utility purposes. ii) Dedicate 3’ pedestrian easement.
iii) Construct improvements in accordance with City Standard P-1 for a 50’ Street.

Improvements shall include curb and gutter, sidewalk, drive approaches, curb ramps, streetlights, landscaping and irrigation, and permanent paving. c) 68’ Entry Street
i) Dedicate 68’ for public street and utility purposes. ii) Dedicate 2’ pedestrian easement.
iii) Dedicate 5’ landscape easement.
iv) Relinquish all vehicular access for all single-family residential lots backing or siding onto this street.
v) Construct improvements in accordance with City Standard P-1 for a 60’ Street, except that an 8’ wide median island is added per the approved tentative map.

Improvements shall include curb and gutter, sidewalk, curb ramps, streetlights, landscaping and irrigation, and permanent paving.
d) Interior Residential Streets – Stanislaus Avenue and Proposed ‘B’ Street Intersection i) Install a traffic calming feature.
e) Interior Residential Streets – Kenneth and David Avenues Intersection i) Install a traffic calming feature.
f) Whitesbridge (SR 180) and Siskiyou Avenues Intersection Adhere to Caltrans requirements including those stated in the JLB Traffic Engineering, Inc. prepared Traffic Impact Analysis dated February 10, 2024 with approval date of February 13, 2024, including but not limited to:
i) Stripe a second eastbound through lane.
ii) Add a northbound right-turn lane.
iii) Modify the traffic signal to accommodate the additional lanes. 343
Section 6, Item B.

2. Dedicate a 10’ public utility easement along all streets and all other locations requested by utility companies. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer.

3. Obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer.

Street Designation Minimum Section
Residential Street 2” HMA/4” CLII AB/6” CNS
Collector Street 3” HMA/6” CLII AB/6” CNS

4. Install standard barricades with reflectors at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.

5. Install 2”x6” redwood header boards prior to street paving, at the end of any permanent pavement abutting undeveloped property.

6. Install temporary paved cul-de-sacs at the end of any dead-end streets, planned for future extension, longer than 150’. A 40’ radius shall be provided to allow turnaround of emergency equipment.

7. Provide for all striping, stenciling, pavement markers, delineators and signage required of all street improvements within the development. All traffic signs and street name signs shall be installed in accordance with City Standards and the CA MUTCD (latest edition). A striping and signage plan shall be included with the construction plans and submitted for review and approval by the City Engineer.

8. Provide corner cut-offs at all street intersections. Corner cut-offs shall be sufficient to provide for sight distances and accommodate curb ramps.

9. Repair/replace any broken or buckled curb, gutter, and/or sidewalk along the site frontage in kind to the satisfaction of the Public Works Department.

10. Provide street names complying with the recommendations of the Planning Commission upon approval of the Final Map as listed below. Names matching existing county roads or city streets must maintain the current suffix. When deemed practical, entry streets, cul-de-sacs, and courts should utilize the name of the nearest subdivision street. Recommended names:
a) Willow b) Baswood c) Maple
d) Poplar e) Myrtle f) Olive
g) Sycamore h) Cherry i) Locust
j) Birch k) Pine
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Section 6, Item B.

D. Sanitary Sewer

1. Identify and abandon all existing septic systems per City Standards and any other governing regulations.

2. Dedicate a 15’ wide easement for all onsite sewer mains not located in dedicated rightsof-way.

3. Connect to the nearest 8” sanitary sewer mains available to serve the development, located to the south in Kearney Boulevard and to the north in Kenneth Avenue. A maximum of 37 contiguous lots to the connection point in Kenneth Avenue shall be permitted. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.

4. Install sanitary sewer mains of the size and in the locations indicated below. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
a) Interior Streets: Install 8” sewer mains throughout development.

Install one (1) 4” sewer service house branch to each lot within the development in accordance with City Standards. Additionally, install sanitary sewer main services to existing parcels’ property lines, not currently served, and fronting the proposed sanitary sewer main improvements.

E. Water

1. Identify and abandon all existing water wells per City Standards and any other governing regulations.

2. Dedicate a 10’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in dedicated rights-of-way.

3. Dedicate a lot of at minimum 12,000 square feet (approximately 100’ x 120’) for City development of a potable water well.

4. Install water mains of the sizes and in the locations indicated below and provide an adequately looped water system, consisting of at minimum two connection points. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
a) Interior Streets: Install 8” water mains throughout development.

5. Install water services, size as necessary, to each lot within the development in accordance with City Standards. Water services shall be grouped at property lines. 345
Section 6, Item B.

Additionally, install water services to existing parcels’ property lines, not currently served and fronting the proposed water main improvements.

6. Install landscape water service(s), size as necessary, to each public landscape area within the development in accordance with City Standards.

7. Install one (1) water sampling station in accordance with City Standards. The location shall be determined by the City Engineer.

8. Install fire hydrants at locations approved by the North Central Fire Protection District.

Fire hydrants and curbs shall be painted as directed by the North Central Fire Protection District.

9. Do not perform water service connection to the City of Kerman water system until a bacteriological report has been accepted by the City Engineer.

F. Grading and Drainage

1. Design the site to drain to the existing storm drain facilities located in Kearney Boulevard. Any proposed storm drain system within the development shall connect to said facilities. Minimum storm drain pipe size within public right-of-way shall be 15”.

2. Submit hydrologic and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by the City Engineer.

Form of H&H calculations shall be approved by the City Engineer prior to submittal.

3. Show grade differentials between lots and adjacent properties and address in conformance with City Standards. Any retaining walls required shall be masonry construction. All retaining walls shall be designed by a registered civil engineer.

4. Submit a copy of Storm Water Pollution Prevention Plan with Notice of Intent, or Construction Rainfall Erosivity Waiver, if applicable, prior to issuance of Grading Permit.

The City is not a designated MS4 area and is regulated under the Construction General Permit Order 2022-0057-DWQ (CGP). Comply with all requirements of the NPDES General Permit, if applicable. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer.

5. Submit a copy of the San Joaquin Valley Air Pollution Control District (SJVAPCD) Dust Control Plan or Construction Notification Form, if applicable, prior to issuance of a grading permit. The Project shall comply with all rules, regulations and conditions of approval imposed by the District. The applicant shall maintain a program of dust control to prevent air pollution as well as discomfort or damage to adjacent and surrounding properties. The applicant shall follow all requirements and recommendations made by the San Joaquin Valley Air Pollution Control District for dust and emission reduction.

G. Landscaping and Irrigation
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Section 6, Item B.

1. Provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of-way and all other areas reserved for landscaping.

Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Kerman Standard Drawings and Specifications and the California Model Water Efficiency Ordinance.

Public landscaping and irrigation shall be installed in the following locations:
a) North side of Keaney Boulevard from back of curb to block wall.

2. Install all landscape improvements prior to final occupancy of 50% of the development’s building permits.

3. Request annexation to the City’s Landscaping and Lighting Maintenance District (LLMD).

The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election will be required for the establishment of the initial assessment. The assessment for each lot must be obtained from the City for the tax year following the recordation of the final map. The property owner shall consent to the first-year assessment and annual increases per the provisions of the LLMD. The property owner/applicant shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a LLMD. Said notification shall be in a manner approved by the City. The property owner/applicant shall supply all necessary assessment diagrams and other pertinent materials for the LLMD.

4. Identify all existing onsite agricultural irrigation systems either onsite or within public rights-of-way, whether FID or privately owned prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of the development. Therefore, the applicant shall bear all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development. The applicant shall identify on the construction plans all existing irrigations systems and their disposition (abandonment, repair, relocation, and or piping) for approval by the City Engineer. The applicant shall consult with the FID for any additional requirements for lines to be abandoned, relocated, or piped. The applicant shall provide waivers from all users in order to abandon or modify any irrigation systems or for any service interruptions resulting from development activities.

H. Miscellaneous

1. Obtain express written approval of the City Engineer for a deferment, modification, or waiver of any engineering conditions of approval.
347
Section 6, Item B.

2. Remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.

3. Install concrete masonry block walls in accordance with City Standards, with a minimum height of 6 feet, and of a design and color approved by the City of Kerman Planning Division at the following locations:
a) North side of Kearney Boulevard along the development frontage and areas adjacent to the neighboring park.

Masonry block walls that retain more than 12” and/or are taller than 6 feet shall be designed by a registered civil engineer.

4. Provide clean-up, street sweeping, and dust control during the construction of the development to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance. At any time, applicant is deemed to be non-compliant by the City Engineer or Public Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance.

5. Install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development prior to final acceptance of the development.

Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the applicant shall present the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.

6. Install other private and public improvements as may be required under Development Plan Permit 2023-03.

7. Install subdivision signage complying with applicable Building & Fire Code and Section

17.30.070 of the Kerman Municipal Code.

8. A right-to-farm covenant consistent with General Plan Policy LU-4.5 shall be recorded prior to the recording of the Final Map.

The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer. 348
Section 6, Item B.

Attachment ‘J’
Public Input
From: Samuel Diaz [mailto:[email protected]] Sent: Tuesday, July 16, 2024 9:40 AM
To: John Jansons <[email protected]>
Cc: Josie Camacho <[email protected]>; Larry Moorefield <[email protected]>
Subject: FW: Public Notice - Crown / Shaad Residential Development - Stop Notice / Public Hearings - Community Outreach / For Review
City Manager - John Jansons
I’ve forwarded this message chain that was sent out to the Community Development Director yesterday. We as a Community of organized protesters to the re zoning of two Agriculture zoned APNs want you to be aware and take action to help amplify our voice so this development is squashed at City Council. It is my opinion that this development was being pushed and worked on behind the scenes. It may have been posted on the Kerman website in between a maze of web pages , but the truth of the matter is that impacted parties where not notified every step of the way. No community outreached until a day of final resolutions. If I am reading the documents correctly, these maps have been on the works since March of 2023. We wish not to turn this into a civil matter if the voices of the community can be heard on an open forum.

Respectfully,
Sam Diaz
(559) 942-1020
From: Samuel Diaz
Sent: Monday, July 15, 2024 11:53 PM
To: [email protected]
Cc: [email protected]; [email protected]; Larry Moorefield <[email protected]>
Subject: Public Notice - Crown / Shaad Residential Development - Stop Notice / Public Hearings - Community Outreach / For Review
Community Development Director – Jusus Orozco ,
349
Section 6, Item B.

Please forward this email to Scott Bishop, Kevin Nehring, Robert Felker , Cory Molloy, and Robert Bandy.

One third of the residences including myself, with adjacent properties to the proposed Crown / Shaad development received the PUBLIC NOTICE dated June 26th last week . After the proposed meeting dated Monday, July 8th had already taken place.

One third will provide sworn affidavits that they did not in fact receive the notice at all .

One third received it and thought that this noticed was for the current development taking place south of California avenue .

As a community of concerned property owners, we ask that Planning Commission have another public hearing within the next 10 days as most property owners that reside within 300 feet of the proposed development profoundly oppose the re zoning of the Agricultural land for single family homes and the annexation of the parcel currently in the county of Fresno. We as a community wish for all to remain as is, Agriculture Land . As it was when all the property owners on this email purchased our homes based on its location at the edge of the city lights and noises .

Below are all the lots that currently sit adjacent to the CMU block wall that divides Bella Palma Community from the Current Agricultural Zoned land in question :
16049 W Monterey Ave -Angie Cantu – Opposes actions A-E and are BCC on this email 16099 W Monterey Ave – Erica Barajas - Opposes actions A-E and are BCC on this email 498 S Michelle Ave – Sukhjeet Kaur Thandi- Opposes actions A-E and are BCC on this email 462 S Michelle Ave- Zuby Cheema - Opposes actions A-E and are BCC on this email 444 S Michelle Ave – Laurencia Casarez - Opposes actions A-E and are BCC on this email 438 S Michelle Ave – Sarbjit Basuta - Opposes actions A-E and are BCC on this email 414 S Michelle Ave- Gurtej Gill - Opposes actions A-E and are BCC on this email 402 S Michelle Ave -Samuel Diaz - Opposes actions A-E and has been nominated to speak on behalf of all parties in this email .
380 S Michelle Ave – Kiranjeet Kaur - Opposes actions A-E and are BCC on this email 360 S Michelle Ave - Sukhbir Randhawa - Opposes actions A-E and are BCC on this email 350
Section 6, Item B.
356 S Michelle Ave- Brianna M Kileen – Showed concerned and disbelief for what is being proposed but will like time to figure out their position 340 S Michelle Ave - George Thomasetti - Opposes actions A-E and are BCC on this email 320 S Michelle Ave - James Kilsdonk - Opposes actions A-E and are BCC on this email Below are all the lots, second row east of the above properties:
316 S Michelle Ave - Amandeep Tung – Was unable to go over the Public Notice 309 S Michelle Ave – Jose Villa- Opposes actions A-E and are BCC on this email 16052 W Middleton Ave - Satvinder Franco – Has been out on Holiday since before July 4th weekend.
16053 W Middleton– Gurtej Singh - Opposes actions A-E and are BCC on this email 16050 W Sunset Ave - Wendy Zang - Opposes actions A-E and are BCC on this email 16051 W Sunset Ave - Gerardo Escobar - Was unable to go over the Public Notice 16052 W Monterey Ave - Harmanpreet Kaur - Opposes actions A-E and are BCC on this email 16049 W Monterey Ave - Guillermo Cantu - Opposes actions A-E and are BCC on this email Please advise what other properties are in the impact zone of “ Voices to be heard “that will be affected by the proposal of the re zoning of the (Exclusive Agriculture) land. As public outreach is of the upmost importance in these types of cases, we want all those that will be impacted by this proposed resolution be notified and be heard , if they choose too.

We await your prompt response as we know that community involvement when making decisions which will affect its constituents is of the utmost importance , since in Kerman “ WHERE COMMUNITY COMES FIRST” city staff and elected officials will prioritize our voice over those (Crown Homes) vested interested of outside corporations (Crown Builders) who build for profit in this community.

I will be contacting the following in separate emails :

City Manager - John Jansons
Mayor – Maria Pacheco
351
Section 6, Item B.

City Council district 1 – Gary Yep
City Council district 2 – Jennifer Coleman
City Council district 3 – Ismael Herrera
City Council district 4 – Bill Nijjer
Respectfully ,
Sam Diaz
(559) 942-1020
352
Section 6, Item B.

STAFF REPORT
MEETING DATE: August 28, 2024
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Award of Contract for City Hall Building Roof Replacement RECOMMENDATION: Council by motin adopt the resolution awarding the contract to Garland/DBS Inc. for the City Hall Building Roof Replacement in the amount of $594,856.00 and authorize the City Manager to sign the contract.

EXECUTIVE SUMMARY:

The City Hall roof has exceeded its life expectancy and is significantly failing and beyond repair.

During the past two year’s rainy season, Parks and Facility Staff repaired numerous leaks and replaced water-stained ceiling tiles throughout the City Hall building. The condition of the roof is now beyond repair and in need of replacement.

The City is a participating party under a Cooperative Purchasing Agreement with Master Intergovernmental Cooperative Purchasing Agreement (MICPA) OMNIA Partners. As such a competitive procurement process was undertaken by OMNIA. This procurement method also known as “piggybacking” maximizes cost savings and staff resources through cooperative purchasing. The procurement method increases competitive pricing through volume purchasing. Through this cooperative procurement process, Garland /DBG, Inc. was identified as the contractor for this Roof Replacement Project.

This project was included in the Capital Projects budget in the 2024/2025 Fiscal Year Budget adopted by City Council on Wednesday, June 12, 2024. The final contracted amount of $594,856.00 is $85,144 less than the $680,000 in the adopted budget.

FISCAL IMPACT:

The fiscal impact is $594,856.00 to the approved Capital Projects 2024/2025 fiscal year budget.

ATTACHMENTS:

A. Resolution w/Exhibit
B. Contract (Proposal)
353
Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

AWARDING CONTRACT FOR THE CITY HALL BUILDING ROOF REPLACEMENT TO GARLAND/DBS, INC.

WHEREAS, the City Hall roof has exceeded its life expectancy and is City Hall Building Roof Replacement consists of the removal of the existing roof and complete replacement with a new 30 year warranted roof; and
WHEREAS, the City requested bids per the City’s Purchasing System, and three bids with one declining bid were received on February 12, 2024 through a Master Intergovernmental Cooperative Purchasing Agreement with OMNIA Partners; and WHEREAS, through the cooperative procurement process, Garland /DBG, Inc. was identified as the contractor for this Roof Replacement Project.

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

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

2. Upon the recommendation of staff, the Council awards the City Hall Building Roof Replacement contract to Garland/DBS, Inc. in the amount of Five hundred ninety four thousand eight hundred fifty six dollars and Zero Cents ($594,856). A copy of the Agreement is attached and incorporated herein by reference as Exhibit ‘A’.

3. The City Manager is authorized to sign Contract for Job #25-CA-240220 on behalf of the City of Kerman.

4. 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 28th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
354
Section 7, Item A.

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
ATTEST: Mayor
__________________________
Josie Camacho
City Clerk
355
Section 7, Item A.
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CONTRACT FOR
JOB # 25-CA-240220
BETWEEN CITY OF KERMAN AND GARLAND/DBS, INC. FOR REPLACEMENT OF THE KERMAN CITY HALL – FACILITIES BUILDING.

1.) This CONTRACT is made at Fresno County as of June 19, 2024, (“Effective Date”), by and between the City of Kerman located at 850 S Madera Ave, Kerman, CA 93630 (hereinafter designated the “CUSTOMER”), and Garland/DBS, Inc., located at 3800 East 91st Street Cleveland, OH 44105 (hereinafter designated the “CONTRACTOR”).

2.) The CONTRACTOR shall furnish all material, labor, equipment, and tools necessary for the Roof Replacement located at 850 S Madera Ave, Kerman, CA 93630, as well as all work incidental and pertinent thereto, (hereinafter designated the “Project”) all in accordance with the original proposal # 25-CA-240220 dated 02/12/2024 submitted by the CONTRACTOR (hereinafter together designated the “Specifications”), a copy of which is attached hereto as Exhibit A and incorporated herein. In the event of any conflict, ambiguity, or inconsistency between the terms contained in this CONTRACT and the Exhibits, the terms set forth in this CONTRACT shall govern and control.

3.) The term of the CONTRACT shall begin on the Effective Date first written above, and shall be completed 180 days thereafter, unless sooner terminated as permitted herein, or unless extended by agreement of the parties set forth in writing. The work shall commence within ten (10) days from the date that CONTRACTOR receives a copy or original of the fully executed CONTRACT, which receipt shall be considered Notice to Proceed. The CONTRACTOR is required to submit to the CUSTOMER a Certificate of Insurance and Performance and Payment bonds prior to commencing work. In addition, the work shall be scheduled as agreed upon by the parties.

4.) The sums to be paid to the CONTRACTOR shall be at the bid price(s) shown on the Specifications (Exhibit A), and the total to be paid to CONTRACTOR shall be a maximum of $594,856.00, as set forth in the purchase order and Exhibit A. Invoices shall provide details of all Project expenses as permitted in this CONTRACT. CONTRACTOR shall apply no late charges, interest or penalties to any invoice or charges for services until 30 days from the CUSTOMER receipt of the invoice. If this CONTRACT is terminated for convenience for any reason, then the CONTRACTOR shall be paid pro rata for all services performed, materials purchased, and administrative costs incurred, including lost profit, to the effective date of termination.

5.) If the CUSTOMER wishes to terminate the CONTRACTOR for cause due to the failure of CONTRACTOR to perform as required under this CONTRACT and/or in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, then the CUSTOMER must provide the CONTRACTOR with written notice of said failure to perform. The CUSTOMER must give ten (10) working days from the CONTRACTOR’s receipt of the Notice to Cure for the CONTRACTOR to cure or take reasonable action to commence to Exhibit 'A'
356
Section 7, Item A.
2 of 7
cure the performance concerns specified. If the CONTRACTOR does not take appropriate action within the ten (10) day period, the CUSTOMER may issue a Final Notice to Cure.

The CONTRACTOR will have an additional five (5) working days from the receipt of the Notice to Cure to cure or take reasonable action to commence to cure before the CUSTOMER can terminate the CONTRACT. If the CONTRACTOR is terminated for cause, the CUSTOMER may provide or employ any necessary labor and materials in lieu of CONTRACTOR to finish part or all of the work under the CONTRACT or to supplement the work of CONTRACTOR, and to deduct the cost thereof from any money, then due or thereafter to become due to the CONTRACTOR; and if such cost shall exceed the balance due to CONTRACTOR, then the CONTRACTOR shall pay the difference to the CUSTOMER.

6.) CUSTOMER may issue subsequent modifications to the Purchase Order(s) for additional work that was not known or included in the Specifications that is found to be needed during the work on the Project to complete the Project over and above the amount set forth in this paragraph four (4) and in Exhibit A. CONTRACTOR must seek approval from the CUSTOMER before performing any additional work. The CUSTOMER must provide the CONTRACTOR written documentation of the modification to the Purchase Order within three (3) business days of verbal approval. CONTRACTOR is not obligated to perform additional work until written modification has been received from the CUSTOMER, but may commence work based upon a reasonable assumption that written modification will be issued. Incidental additional work performed by the CONTRACTOR without CUSTOMER consent will be evaluated and considered for payment based upon the work’s merit. If the CUSTOMER determines the incidental additional work was not included in the original scope of the project and required for the CONTRACTOR’s uninterrupted performance in fulfillment of the contract, then the CUSTOMER will approve the CONTRACTOR’s request for payment for incidental additional work.

7.) All the work done under this CONTRACT shall be performed under the oversight of Teresea Johnson, the CUSTOMER’S representative. All notices hereunder shall be (a) in writing; (b) delivered to the representatives of the parties at the addressees set forth in the Specifications, unless changed by either party by notice to the other party; and (c) effective upon receipt.

8.) The CONTRACTOR shall furnish the CUSTOMER with a performance or contract bond and a labor and material bond, each in the amount of $594,856.00, a Certificate of Workers’ Compensation, and a Certificate of Insurance evidential of comprehensive general liability insurance and property insurance with minimum coverage in amounts reasonable to or exceeding what is normally expected for a comparable project in size and scope. Further, said Certificate of Insurance shall name City of Kerman as an additional insured. Said Certificate of Insurance shall also provide that at least thirty (30) days written notice shall be given to the CUSTOMER of any material change in, or cancellation of, said insurance.

9.) Should the CONTRACTOR at any time refuse or neglect to supply a sufficiency of properly skilled workers or materials of the proper quality, or fail in any respect to 357
Section 7, Item A.
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prosecute the work herein described with promptness and diligence, or fail in the performance of any of the agreements contained herein, the CUSTOMER shall have the right to immediately suspend all work, or any part thereof under this CONTRACT, upon the CUSTOMER’s issuance of a stop work notice to the CONTRACTOR and the CONTRACTOR’s confirmed receipt of the stop work notice. The work shall continue to be suspended until such time as the CUSTOMER and CONTRACTOR have come to a mutual agreement on how the work under the CONTRACT shall proceed. Should the CONTRACTOR continue to refuse or neglect to supply a sufficiency of properly skilled workers or materials of the proper quality, or fail in any respect to prosecute the work herein described with promptness and diligence, or fail in the performance of any of the agreements contained herein, then the CUSTOMER may, after following the procedures listed in Section 5 above, terminate the CONTRACT for cause.

10.) The CONTRACTOR shall indemnify, save harmless, and defend the CUSTOMER from and against all losses, claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description, made, brought, or recovered against the CUSTOMER by reason of any negligent act or omission of the CONTRACTOR, its agents, its subcontractors, or its employees, in the execution of the work herein contracted for.

11.) The CONTRACTOR or CUSTOMER has the right to request and be granted a Termination for Convenience from the CONTRACT obligations if there is a joint determination from both the CUSTOMER and the CONTRACTOR that the termination is in the best interests of both parties, or if the CONTRACTOR or CUSTOMER believes the Termination for Convenience to be in its best interests because a timely resolution, within ten (10) days from the CUSTOMER’S receipt of written notification, will not be provided with regard to requests for information (RFI), request for clarification, or requests for modification to the Purchase Order(s) due to differing site conditions, vague Specifications, or unforeseen circumstances. Under a Termination for Convenience, the CONTRACTOR or CUSTOMER shall be reimbursed for all justifiable costs including price of supplies, services delivered, and administrative expenses, including lost profit under the CONTRACT or Purchase Order.

12.) This CONTRACT shall be deemed to contain all the terms and conditions agreed to between the parties, who both agree that no representations or promises of any kind whatsoever have been made other than herein contained, and this CONTRACT shall be binding upon both parties and their respective heirs, administrators, executors, successors, and assigns.

13.) This CONTRACT is contingent upon receipt of a written purchase order from CUSTOMER. All terms must be agreed upon by both parties.

14.) CUSTOMER shall have the right to approve all subcontracts or assignments of work equal to or exceeding $10,000. CUSTOMER shall not unreasonably withhold, delay or condition subcontracting or assignments, but may express final and binding disapproval of a proposed assignee or subcontractor. Should the CONTRACTOR be forced to choose a different subcontractor/assignee that is of higher cost than the initial 358
Section 7, Item A.
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subcontractor/assignee, due to the CUSTOMER’s disapproval, the CONTRACTOR shall be able to request and will receive approval from the CUSTOMER for a modification to the CONTRACT to cover the additional cost. CONTRACTOR shall remain responsible for the work of any agent or independent contractor to whom it assigns its Work, and any assignment or subcontract shall incorporate the terms of this Contract into its contract delegating its Work.

15.) If the Project involves construction of a public improvement at a cost exceeding the threshold for payment prevailing wage rates of pay, each laborer, workman or mechanic employed by the CONTRACTOR for performance of the Project herein described or by the subcontractor shall be paid not less than the minimum rate of pay for the applicable pay classification. The CONTRACTOR and their subcontractors who are subject to the requirements of paying prevailing wages shall keep full and accurate payroll records covering all disbursements of wages to their employees to whom they are required to pay not less than the prevailing rate of wages. The CONTRACTOR and its subcontractors shall deliver to the CUSTOMER a certified copy of their respective payrolls, within two weeks of the CUSTOMER’s request, for each pay period requested by the CUSTOMER.

16.) Payments to the CONTRACTOR shall be made at the rate of ninety-five percent (95%) of the approved partial payment estimate for each monthly progress billing. The CUSTOMER will retain five percent (5%) of every approved partial payment. The retained amount will be paid to the CONTRACTOR no later than thirty (30) days following Final Acceptance of the work. Upon completion and acceptance of the work, the CUSTOMER shall issue a certificate attached to the final payment request that the work has been accepted by it under the terms, promises and conditions of the CONTRACT.

17.) CONTRACTOR has been employed under this Contract as an independent contractor in order to construct its portion of the Project. CONTRACTOR agrees that no authority has been conferred upon it by CUSTOMER to hire any person(s) on behalf of CUSTOMER, and CUSTOMER undertakes no obligation of any sort to CONTRACTOR's employees or subcontractors. It is understood and agreed that the CONTRACTOR shall select, engage, and discharge its employees, agents, or servants and otherwise direct and control their services. CONTRACTOR will also comply with all laws concerning qualification to do business and engage in the work involved under this CONTRACT and will file all returns and reports required of it and pay all taxes and contributions imposed upon it.

18.) CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin.

19.) The CUSTOMER shall not be considered to have accepted possession of the work under this CONTRACT until a notice of completion is issued to the CONTRACTOR by the CUSTOMER or CUSTOMER’s representative, or payment of the full CONTRACT compensation is received by the CONTRACTOR, unless the Parties otherwise mutually agree.
359
Section 7, Item A.
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20.) CONTRACTOR, at all times during its performance of its work under this CONTRACT, shall keep the work site, grounds, and roof tops surrounding the work site free from accumulation of waste materials or rubbish caused by its activities. Upon completion of the work under this CONTRACT, the CONTRACTOR shall promptly remove all its waste materials and rubbish from and about the work site, as well as, its tools, construction equipment, machinery, and surplus materials, as to leave the work site "Broom Clean" or its equivalent.

21.) The law is hereby agreed to be the law of the State where the Project is situated. The parties agree that the proper venue for action, suit, or other litigation arising under this agreement shall lie in the courts of Fresno County, CA. In the event legal action is instituted to enforce this agreement, each party agrees to bear its own attorney fees and costs while waiving the right to collect attorney fees and costs from the opposing party.

Each party also agrees to waive its right to have any pending action or trial heard by a jury. [SIGNATURE PAGE TO FOLLOW]
360
Section 7, Item A.
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IN WITNESS WHEREOF, authorized representatives of each party to this CONTRACT, indicating their party’s approval of the terms herein, have signed as of the dates set forth below.

WITNESSES: GARLAND/DBS, INC.

1. ______________________ By: _______________________________

2. ______________________ ____________________________________ Printed Name
____________________________________
Title
Tax ID. No. _________________________
Date: _______________________________
WITNESSES: CITY OF KERMAN

1. ______________________ By: _______________________________

2. ______________________ Date: ______________________________ And
By: ________________________________
Date: ______________________________
361
Section 7, Item A.
7 of 7
Exhibit A
362
Section 7, Item A.

1. 2.

3. 4.

5. 6.

7. 8.

Date Submitted: 02/12/2024
Proposal #: 25-CA-240220
Install one layer of rosin paper over the entire roof deck.

Install one layer of 1/2” dens deck prime with proper fastening pattern per 4’ x 8’ sheet.

MICPA # PW1925
California General Contractor License #: 949380
Scope of Work:

Includes removal and disposal of existing roofing system(s), insulation board, gutters, flashings, copings, etc. for a complete prepared roof surface.

Includes two hundred (200) square feet of decking replacement included in the base bid price. A per square foot price will be inserted into the bid form for anything needed and approved by the owner over 200 square feet. Before and after photos of all dryrot replacement must be submitted with billing as justification, payment will not be make without proper documentation.

Purchase orders to be made out to: Garland/DBS, Inc.

Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible.

Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055

ROOFING MATERIAL AND SERVICES PROPOSAL
City of Kerman
Kerman City Hall - Facilities Building
850 S Madera Avenue
Kerman, CA 93630
Install one layer of 1/4” dens deck prime with 12 fasteners per 4’x 8 sheet at all vertical walls and angled brace walls.

Install one layer of Flex Base Plus 80 base sheet in Green Lock Plus membrane adhesive. Cut all T-joint corners at a 45 degree angle.

Install one layer of KEE-Stone FB 60 field sheet in KEE-Lock Foam adhesive. Cut all Tjoint corners at a 45 degree angle.

Install one layer of KEE 60 bare back membrane fully adhered in low VOC membrane adhesive at all vertical surfaces over dens deck prime. Membrane is is to be installed over the top of the wall and down the outside edge a minimum of two inches.

Page 1 of 3 ends

Section 7, Item A.

9. 10.

11. 12.

13. 14.

15. 16.

17. Proposal Price Based Upon Market Experience: $ 594,856 Garland/DBS Price Based Upon Local Market Competition:

Fresno Roofing
Nations Roof
Clarifications/Exclusions:

1. 2.

3. 4.

5. Install walkway pad from canopy to all roof elevations and in a path to and around all mechanical equipment. Submit a walkway plan as part of the submittal package.

Install new 24 gauge pre finished surface mount flashing with butyl tape and fastened at 18” on center. Seal with Tuff Stuff urethane sealant.

Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation.

Any work not exclusively described in the above proposal scope of work is excluded.

Permits are excluded. If permits are required they will be addressed via Change Order.

Plumbing, Mechanical, Electrical work is excluded.

Masonry work is excluded.

Interior Temporary protection is excluded.

Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. $ 594,856
$ 670,600
Install new 24 gauge pre finished coping cap.

Install new minimum 1/2” slope tapered insulation crickets behind all roof curbs, skylights, and as needed for proper drainage.

Install new KEE boots at all pipe penetrations, band and seal with Tuff Stuff urethane sealant.

Install new low profile sheet metal vents at the existing locations.

Install new 24 gauge pre-finished skirt flashing at all roof curbs, HVAC units, etc.

Clean and prime and paint all drain rings and drain baskets.

At the roof drain areas, frame the area to begin the outside edge to level with the roof drain area. Add a prefinished sheet metal fascia cover over the exterior area.

Page 2 of 3 ends

Section 7, Item A.

Respectfully Submitted,
Matt Egan
Garland/DBS, Inc.
(216) 430-3662
If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below.

Matt Egan

Page 3 of 3 ends

Section 7, Item A.

1. 2.

3. 4.

5. 6.

7. 8.

Date Submitted: 02/12/2024
Proposal #: 25-CA-240220
Install one layer of rosin paper over the entire roof deck.

Install one layer of 1/2” dens deck prime with proper fastening pattern per 4’ x 8’ sheet.

MICPA # PW1925
California General Contractor License #: 949380
Scope of Work:

Includes removal and disposal of existing roofing system(s), insulation board, gutters, flashings, copings, etc. for a complete prepared roof surface.

Purchase orders to be made out to: Garland/DBS, Inc.

Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055

Install one layer of Flex Base Plus 80 base sheet in Green Lock Plus membrane adhesive. Cut all T-joint corners at a 45 degree angle.

Install one layer of KEE-Stone FB 60 field sheet in KEE-Lock Foam adhesive. Cut all Tjoint corners at a 45 degree angle.

Page 1 of 3 ends

Attachment 'B'
366
Section 7, Item A.

9. 10.

11. 12.

13. 14.

15. 16.

17. Proposal Price Based Upon Market Experience: $ 594,856 Garland/DBS Price Based Upon Local Market Competition:

Fresno Roofing
Nations Roof
Clarifications/Exclusions:

1. 2.

3. 4.

5. Install walkway pad from canopy to all roof elevations and in a path to and around all mechanical equipment. Submit a walkway plan as part of the submittal package.

Install new 24 gauge pre finished surface mount flashing with butyl tape and fastened at 18” on center. Seal with Tuff Stuff urethane sealant.

Any work not exclusively described in the above proposal scope of work is excluded.

Permits are excluded. If permits are required they will be addressed via Change Order.

Plumbing, Mechanical, Electrical work is excluded.

Masonry work is excluded.

Interior Temporary protection is excluded.

Install new minimum 1/2” slope tapered insulation crickets behind all roof curbs, skylights, and as needed for proper drainage.

Install new KEE boots at all pipe penetrations, band and seal with Tuff Stuff urethane sealant.

Install new low profile sheet metal vents at the existing locations.

Install new 24 gauge pre-finished skirt flashing at all roof curbs, HVAC units, etc.

Clean and prime and paint all drain rings and drain baskets.

At the roof drain areas, frame the area to begin the outside edge to level with the roof drain area. Add a prefinished sheet metal fascia cover over the exterior area.

Page 2 of 3 ends

Section 7, Item A.

Respectfully Submitted,
Matt Egan
Garland/DBS, Inc.
(216) 430-3662
If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below.

Matt Egan

Page 3 of 3 ends

Section 7, Item A.

STAFF REPORT
MEETING DATE: August 28, 2024
PRESENTER: John Jansons, City Manager
SUBJECT: Consideration of Increase in City Council Compensation (JAJ) RECOMMENDATION: That City Council consider increasing the compensation for the Mayor and Council Members as authorized by Government Code Section 36516 with possible direction to staff to prepare an ordinance increasing the compensation within, or up to, allowable limits set forth by Government Code Section 36516.

BACKGROUND:

In June 2023 the state legislature passed Senate Bill 329, which becomes effective on January 1, 2024. Senate Bill 329 (SB 329) amended Section 36516 of the Government Code.

Government Code Section 36516 of the current Government Code now allows for Council compensation for a city with a population under 35,000, such as Kerman, to be set in an amount up to $950 per month.

Prior law set the maximum council compensation for a city with a population under 35,000 at $300/month. The City’s current ordinance complied with the prior maximum of $300/month.

Pursuant to Kerman Municipal Code (KMC) Chapter 2.40 and more specifically, KMC Section

2.40.010 -City Council,
“Commencing with and effective upon any person beginning a new term as a city council member after the general election in November, 2008, the salary of each city council member shall be one hundred twenty-five dollars per meeting.

No compensation will be awarded for a meeting to any council member who fails to attend that meeting, regardless of the reason, and the compensation paid to any council member for his or her duties as a council member and as a member of the Kerman redevelopment agency shall not exceed three hundred dollars per month in the aggregate.

In the year prior to a general election for the election of members of the city council, the city manager shall ask the city council to consider whether the compensation of the council, redevelopment agency members, and planning commissioners should be changed, with any such changed to become effective upon the commencement of new terms of any of said officers (Ord. 08-01 § 1, 2008: Ord. 92-11 §1, 1992: Ord. 79-6 §3, 1979).”
369
Section 7, Item B.

With two regularly scheduled Council meetings per month, City Council members typically receive compensation of $250 per month. Any additional “Special Meetings” of the Council in the same month and throughout the year, are inclusive of the $300 maximum aggregate per KMC Section 2.40.010.

At the request of Council, due to their interest in SB 395, the City Attorney provided Council a memo on June 28, 2024 outlining SB 329 and its amendment of Government Code section 36516. (Attachment ‘A’). On August 14, 2024, the Council requested that this matter be placed on a future agenda for consideration and potential direction.

A change in City Council compensation requires amendment of KMC Section 2.40.010 by Ordinance. If Council decides to provide direction to prepare an ordinance to increase Council compensation, it is recommended the direction be provided at this evening’s meeting to meet the statutory time requirements. Any direction should include (i) amount of increase for Council Members and Mayor and (ii) reasons for the increase so that we can transform same to findings as required by SB 329.

DISCUSSION:

It should be noted that the $950.00 amount is the maximum that can be set upon adoption of the ordinance, and that, as explained below, periodic increases beyond these base amounts are permitted. SB 329 states two reasons for the increase. First, “[t]he compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.” (SB 329 § 1(a).) Second, “[a]llowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.” (SB 329 § 1(b).)
Section 36516 also includes a formula for increasing councilmember compensation following the original adoption of an ordinance, which formula was amended by SB 329. The increases may not exceed the greater of the following:
 The increase cannot exceed 5% for each calendar year;  The increase cannot exceed the amount of inflation since January 1, 2024, based on the California Consumer Price Index. The inflation-based increase is capped at 10% for each calendar year. [This alternative was added by SB 329.]
This means the Council can increase compensation annually either a fixed CPI amount, not to exceed 5% per year; or, by up to 10%, depending on CPI. The advantage of the fixed amount is that the increase is not dependent on actual CPI for each year, so if the CPI is low or negative, the compensation would increase by the fixed percentage regardless. The advantage of the CPI-up-to 10% increase is that in times like the last couple of years where inflation is so high, Council compensation increases would more closely match cost of living increases. 370
Section 7, Item B.

The increased compensation would not apply before then.

Other Considerations:
 An elected mayor may by Ordinance or ballot measure be provided with additional compensation. Gov’t Code § 36516.1.
 Council may increase compensation by amounts lower than those provided for in the statute.
 The enacting Ordinance cannot provide for automatic increases.  The increases are not compounded year-to-year but rather are based on the amount of compensation as adopted by the most recent ordinance.
 All increases must be adopted by Ordinance.
 Benefits are not included in the definition of compensation.  Any or all of the compensation may be waived by a council member at any time.  SB 329 adds the following requirements to the adoption of or amendment to an Ordinance.
o These would apply for any Ordinance adopted after January 1, 2024. o Any proposed Ordinance, including findings justifying the need for increased compensation, must be presented at the first meeting – typically, legislative actions do not require findings, so it is noteworthy that Council compensation increases do.
o The adoption of the Ordinance can take place at the second meeting, which must be held at least seven days after the first meeting -- this differs from the typical five-day waiting period between the introduction and adoption of an ordinance.

Timeline:

To adopt such a change, Council should consider amendments to KMC Section 2.40.010 at this meeting to allow for Introduction and First Reading of a proposed Ordinance on September 11, 2024, with Second Reading and possible adoption on September 25, 2024 and an Effective Date of October 25, 2024 prior to the new terms of office following the November 5, 2024 election. 371
Section 7, Item B.

FISCAL IMPACT:

The table below provides a scenario of the potential fiscal impact(s) of increases to City Council stipends.

Monthly
Amount
Annual Salary
Amount
Benefits/Employer
Cost
Cost per
Person
Total
Council
Current/Budgeted $250 $3,000 $367 $3,367 $16,835
100% Increase- Double
the Current Amount
$500 $6,000 $734 $6,734 $33,670
Maximum allowable
per Gov’t Code §
36516.
$950 $11,400 $1,394 $12,794 $63,970
Any increases that may be enacted will be included in, and accounted for, in the Mid-Year Budget revision in March of 2025 within the City Council Compensation Account - City General Fund.

ATTACHMENTS:

A. Memorandum from City Attorney
372
Section 7, Item B.

MEMORANDUM FROM CITY ATTORNEY
June 28, 2024
To: John Jansons, City Manager
Re: City Council Compensation
In June 2023 the state legislature passed Senate Bill 329, which becomes effective on January 1, 2024. SB 329 amends Section 36516 of the Government Code. Under existing law, the Government Code provides that a city with a population under 35,000 can adopt an ordinance to set council compensation up to $300/month. Gov’t Code 36516(a)(2)(A). Amended Section 36516 provides that council compensation for a city with a population under 35,000 can be set in an amount up to $950. It should be noted that this amount is the maximum that can be set upon adoption of the ordinance, and that, as explained below, periodic increases beyond these base amounts are permitted.

SB 329 states two reasons for the increase. First, “[t]he compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.” (SB 329 § 1(a).) Second, “[a]llowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.” (SB 329 § 1(b).)
Effective January 1, 2024, Section 35616 increased the maximum compensation amounts as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.

Section 36516 also includes a formula for increasing councilmember compensation following the original adoption of an ordinance, which formula was amended by SB 329. The increases may not exceed the greater of the following:

Attachment 'A'
373
Section 7, Item B.
 The increase cannot exceed 5% for each calendar year;  The increase cannot exceed the amount of inflation since January 1, 2024, based on the California Consumer Price Index. The inflation-based increase is capped at 10% for each calendar year. [This alternative was added by SB 329.]
This means the Council can increase compensation annually either a fixed CPI amount, not to exceed 5% per year; or, by up to 10%, depending on CPI. The advantage of the fixed amount is that the increase is not dependent on actual CPI for each year, so if the CPI is low or negative, the compensation would increase by the fixed percentage regardless. The advantage of the CPI-up-to10% increase is that in times like the last couple of years where inflation is so high, council compensation increases would more closely match cost of living increases.

If the Council were to adopt an increase in compensation, the entire Council would become eligible for the salary increase by virtue of one or more Council members beginning a new term of office, following the November 2024 election, but no earlier. Gov’t Code § 36516.5. The increased compensation would not apply to the current council before then. If there is interest in such an ordinance, the city should work backwards from November 5th and account for first reading, second reading, and 30 day effective date.

A few additional things to note:
 An elected mayor may by ordinance or ballot measure may be provided with additional compensation. Gov’t Code § 36516.1.
 Council may increase compensation by amounts lower than those provided for in the statute.  The enacting ordinance cannot provide for automatic increases.  The increases are not compounded year-to-year but rather are based on the amount of compensation as adopted by the most recent ordinance.
 All increases must be adopted by ordinance.
 Benefits are not included in the definition of compensation.  Any or all of the compensation may be waived by a councilmember at any time.  SB 329 adds the following requirements to the adoption of or amendment to an ordinance.

These would apply for any ordinance adopted after January 1, 2024.  Any proposed ordinance, including findings justifying the need for increased compensation, must be presented at the first meeting – typically, legislative actions do not require findings, so it is noteworthy that council compensation increases do.  The adoption of the ordinance can take place at the second meeting, which must be held at least seven days after the first meeting -- this differs from the typical five-day waiting period between the introduction and adoption of an ordinance.

Respectfully submitted,
Hilda
374
Section 7, Item B.

Kerman City CouncilAugust 28, 2024

Kerman City Council
August 28, 2024