Agenda packet — Kerman City Council, September 11, 2024

REVISED

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, September 11, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

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

1. OPENING CEREMONIES
A. Call to Order
B. Roll Call
C. Invocation
D. Flag Salute

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

3. PRESENTATIONS/CEREMONIAL MATTERS
A. National Hispanic Heritage Month
B. Introduction of Police Department Employees
C. Employee Recognition

4. PUBLIC FORUM (for matters not on agenda)
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this 1 period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.

5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - August 28, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos.29983-30139 $1,267,516.70 ACH $145,402.77.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
08/18/2024 to 08/31/2024: $223,194.85; Retro Pay & Other: $922.28; Overtime: $9,745.26; Standby: $1,790.11; Comp Time Earned: 64.88
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Adopting Amendments to the Conflict of Interest Code (JC) RECOMMENDATION: Council by motion amend the Conflict of Interest Code and accept the 2024 Local Agency Biennial Notice.

6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.

7. DEPARTMENT REPORTS - ITEM 7.A REPLACED WITH UPDATES
A. SUBJECT: Consideration of Donation Grant Deed from City to the State of California, Department of Transportation Relating to KUSD Harvest Elementary School Project (JG) RECOMMENDATION: Council adopt Resolution Approving Donation Grant Deed Relating to Parcel 89844-1 to the State of California, Department of Transportation (Caltrans). 2 B. SUBJECT: Consideration and First Reading of an Ordinance to Increase City Council Compensation
RECOMMENDATION: That pursuant to Council direction of August 28, 2024, the City Council waive full reading and consider introduction at this meeting and adoption at the following meeting of Ordinance Amending Section 2.40.010 of Title 2, Chapter 2.40 of the Kerman Municipal Code Regarding City Council Compensation. The ordinance compensation amounts are within allowable limits set forth by Government Code Section 36516.

8. CITY MANAGER/STAFF COMMUNICATIONS

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

10. CLOSED SESSION
If desired, members of the public may comment on Closed Session items. Members of the public wishing to address Council on Closed Session items should notify the Mayor when that item is called, and the Mayor will recognize your discussion at that time. It should be noted that Council is prohibited from discussing or addressing comments on Closed Session items.

A. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: APN 023-220-08S
Agency Negotiators: City Manager Jansons
Negotiating Parties: Jagrup and Sukhdev Sidhu, Trustees The Sidhu Family Trust Under Negotiation: Price, terms, payment
B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: APN 025‑010‑04U
Agency Negotiators: John Jansons, City Manager
Negotiating Parties: Union Pacific Railroad Rick Harris, Real Estate Manager Under Negotiation: Price and Terms

11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.
3 ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9450. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9450 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

AGENDA POSTING CERTIFICATION
I, Josie Camacho, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

Date: September 6, 2024 /s/ Josie Camacho, City Clerk
4 NATIONAL HISPANIC HERITAGE MONTH
WHEREAS, National Hispanic Heritage celebrates the culture, heritage, and important contributions of those from Hispanic and Latino backgrounds to our society; and WHEREAS, the objectives of National Hispanic Heritage Month are to create a greater awareness and appreciation for the contributions made by Hispanics and Latinos to American culture, to illustrate the diversity of the Hispanic community, and to encourage a greater curiosity about the history and cultural heritage of Hispanics and Latinos; and WHEREAS, Hispanics have made positive contributions to our community in many ways: as drivers of our economy as business owners, workers and entrepreneurs; as contributors to our academic environment as teachers and professors; as protectors of our health and well-being as nurses, doctors, police officers, firefighters, caretakers and childcare workers; as advocates for social equality and justice through civic leadership; as elected and public officials in our government; and through cultural enrichment as artists, singers, musicians, performers and writers; and
WHEREAS, the City of Kerman takes pride in the growing diversity of our community and encourages all residents to learn more about the rich culture, traditions and history of Hispanics and Latinos, and celebrate the valuable contributions Hispanics have made to the growth, prosperity and well-being of our region.

NOW THEREFORE, BE IT PROCLAIMED that the City Council of the City of Kerman in deep appreciation to the diverse Hispanic population of our community, hereby proclaim September 15 through October 15, 2024, as National Hispanic Heritage Month.

I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 11th day of September 2024.
________________________
Maria Pacheco
Mayor
5 Section 3, Item A.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, August 28, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:00 p.m.

B. Roll Call - All members present.

C. Invocation - A moment of silence was observed.

D. Flag Salute - Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Councilmember Yep, Seconded by Mayor Pro Tem Nijjer.

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

Absent: None
Motion passes 5-0-0-0

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Presentation by Terry Ogle, Executive Director of Fresno County Transportation Authority on future Measure C Renewal Effort - Presented.

4. PUBLIC FORUM (for matters not on agenda)
Stephen Pointer, Susan Toste, Suzanne Lanfranco, Jerry Olivera.

City Manager provided a brief explanation regarding residents' concerns.

5. CONSENT CALENDAR
A. SUBJECT: Minutes - August 14, 2024
RECOMMENDATION: Council to approve minutes presented.
6 Section 5, Item A.

B. SUBJECT: Payroll (JA)
07/21/2024 to 08/03/2024: $208,005.24; Retro Pay & Other: $7,914.68; Overtime: $10,683.08; Standby: $2,276.00; Comp Time Earned: 60.75
08/04/2024 to 08/17/2024: $218,773.52; Retro Pay & Other: $4,061.86; Overtime: $19,855.64; Standby: $1,818.59; Comp Time Earned: 83.59
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Monthly Investment Report (JA)
RECOMMENDATION: Council accept monthly investment report as presented.

Motion made by Mayor Pro Tem Nijjer, Seconded by Councilmember Yep.

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

Absent: None
Motion passes 5-0-0-0

6. PUBLIC HEARINGS
Opened 6:38 p.m.

Mayor Pro Tem Nijjer recused himself – Leave the Room Regulation, 500 feet conflict of interest.

A. SUBJECT: Public Hearing Regarding General Plan Amendment 2023-01, Mitigated Negative Declaration 2023-01, Rezone 2023-01, Tentative Subdivision Map 2023-01, and Annexation 2023- 01 pertaining to the Whispering Falls Residential Development Located on the East Side of South Modoc Avenue Between West California Avenue (Proposed) and the West California Avenue Alignment/San Joaquin Valley Railroad (APNs 020-160-36S, 020-160-18S, 020-160-19S, 020-041- 45S, 020-041-47S, and 020-041-09U) (BC)
RECOMMENDATION: The Kerman City Council conduct a public hearing, deliberate, and by motion:

1. Adopt a resolution of the City Council of the City of Kerman approving General Plan Amendment 2023-01 to amend the 2040 Kerman General Plan to add the SD-R-2.5 Zoning District as a compatible zoning district within the Medium Density residential land use designation and set a minimum residential density of five (5) dwelling units per acre (GPA 2023-01) and adopt Mitigated Negative Declaration (ENV 2023-01) and Mitigated Monitoring and Reporting Program; and

2. Introduce by title only and ordinance of the City Council of the City of Kerman amending the official City of Kerman zoning map to pre-zone approximately 44.75 acres (APNs 020-160-36S, 020-160-18S, 020-041-45S, and 020-041-47S) to the Smart Development Combining District 7 Section 5, Item A.
– Residential – Minimum 2,500 square feet (SD-R-2.5) Zoning District and approximately 20 acres (020-160-19S) to the Smart Development Combining District – Residential – Minimum 5,000 square feet (SD-R-5) Zoning District (REZ 2023-01). – Res. 24-66, Ord. 24-05, Res. 24- 67, Res. 24-68
Closed 7:36 p.m.

Motion made by Councilmember Herrera, Seconded by Councilmember Coleman.

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

Absent: None
Motion passes 4-0-1-0
Recess 7:39 p.m.

Reconvene 7:41 p.m.

Opened 7:42 p.m.

B. SUBJECT: Public Hearing Regarding Rezone 2023-02, Mitigated Negative Declaration 2023-03, Annexation 2023-02, and Tentative Subdivision Map 2023-02, Pertaining to the Crown-Schaad Residential Development, Located on the North Side of West Kearney Boulevard Between South Modoc and South Siskiyou Avenues (APNs 020-140-22S and 020-140-23S) (JC) RECOMMENDATION: The Kerman City Council conduct a public hearing, deliberate, and by motion:

1. Introduce by title only Ordinance of the City Council of the City of Kerman amending the official City of Kerman zoning map to pre-zone approximately 9.69 acres (APN 020-140-22S) to the SD-R-4.5 (Smart Development Combining District – Residential – minimum 4,500 square feet) 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 (Rezone 2023-02); and adopt Mitigated Negative Declaration (ENV 2023-03) and Mitigated Monitoring and Reporting Program. – Ord. 24-06, Res. 24-69, Res. 24-70 Closed 8:26 p.m.

Motion to introduce ordinance with stipulation to address concerns at next meeting made by Councilmember Herrera, Seconded by Councilmember Coleman Ayes: Herrera, Coleman, Yep, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0
8 Section 5, Item A.

7. DEPARTMENT REPORTS
A. SUBJECT: Award of Contract for City Hall Building Roof Replacement RECOMMENDATION: Council by motion 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. – Res. 24-71 Motion made by Councilmember Herrera, Seconded by Councilmember Yep Ayes: Herrera, Yep, Coleman, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Nijjer
Motion passes 5-0-0-0
B. 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.

Motion to increase council compensation to $500 for Councilmembers and $700 for Mayor made by Mayor Pro Tem Nijjer, Seconded by Councilmember Coleman.

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

Absent: None
Motion passes 5-0-0-0

8. CITY MANAGER/STAFF COMMUNICATIONS

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

10. CLOSED SESSION - 9:17 p.m.

A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Peace Officers Association B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d) (4) One Case Involving the Chromium 6 Maximum Contaminant Level (MCL) adopted by the State Water Resources Control Board
C. 1. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager
9 Section 5, Item A.

2. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Council Member Yep Unrepresented Employee: City Manager
Reconvene 10:04 p.m. with motion to not pursue litigation for Item 10.B. Motion passed 5-0-0-0.

Five members were present.

11. ADJOURNMENT – 10:05 p.m.

MINUTES CERTIFICATION
I, Josie Camacho, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.

Date: August 29, 2024 /s/ Josie Camacho, City Clerk
10 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
8/30/2024 8:52 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 10517 FEDERAL TAXES PAYROLL 08/09/2024 52,760.33
ACH 10518 KERMAN POLICE OFFICERS ASSN 08/09/2024 619.75 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN08/09/2024 270.00 ACH 10520 ICMA-RC 08/09/2024 1,809.40
Total for 8/9/2024: 55,459.48
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 08/12/2024 8,434.40 Total for 8/12/2024: 8,434.40
29983 11493 24 / 7 PET VETS 08/14/2024 2,300.40
29984 11762 A-1 AUTO ELECTRIC/A-1 ALTERNATE FUEL SYSTEMS 08/14/2024 32.51 29985 BP-AKC AKC PERMIT INC 08/14/2024 274.40
29986 10021 ALERT O LITE 08/14/2024 909.87
29987 12387 ALVITRE CIVIL CONSTRUCTORS INC 08/14/2024 1,250.00 29988 10035 AQUA NATURAL SOLUTIONS 08/14/2024 669.37
29989 10040 AT&T MOBILITY 08/14/2024 2,242.97
29990 10504 AUTOZONE 08/14/2024 181.08
29991 10271 AVENU INSIGHTS & ANALYTICS 08/14/2024 525.00 29992 BP-BARR REYES BARRIENTOS SALAS 08/14/2024 337.50
29993 12348 BRADY INDUSTRIES 08/14/2024 373.99
29994 12651 BREAKTHROUGH CHURCH OF KERMAN08/14/2024 395.00 29995 12498 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICER 08/14/2024 40.00 29996 12266 BIANCA CASTILLO 08/14/2024 150.00
29997 10452 CITY OF FRESNO WMD 08/14/2024 174.00
29998 10106 CON EDISON CLEAN ENERGY 08/14/2024 26,777.42 29999 10715 DC HEATING AND COOLING 08/14/2024 150.00
30000 10731 EMMETT VALLEY CONTRUCTION INC 08/14/2024 18,395.95 30001 10157 FERGUSON ENTERPRISES INC 08/14/2024 204.78
30002 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 08/14/2024 137.00 30003 10166 FRESNO-MADERA AGENCY ON AGING 08/14/2024 319.20 30004 12428 JEANETTE GARCIA 08/14/2024 150.00
30005 10185 GRAINGER 08/14/2024 52.41
30006 11358 GREAT AMERICA FINANCIAL SERVICES08/14/2024 505.42 30007 10201 HORIZON 08/14/2024 858.15
30008 10514 ICAD INC 08/14/2024 842.50
30009 10219 JENSEN & PILEGARD INC 08/14/2024 394.84
30010 10222 JERRY'S AUTOMOTIVE 08/14/2024 252.00
30011 10237 KERMAN U SAVE MINIMART 08/14/2024 23.50
30012 10239 KERWEST INC 08/14/2024 1,464.00
30013 10241 KINGS BASIN IRWM AUTHORITY 08/14/2024 3,500.00 30014 10260 METRO UNIFORM & ACCESSORIES 08/14/2024 2,084.00 30015 10261 MID VALLEY DISPOSAL INC 08/14/2024 135,187.20 30016 11965 MISSION UNIFORM SERVICE 08/14/2024 87.67
30017 10266 MOORE TWINING ASSOCIATES INC 08/14/2024 515.00 30018 10282 OFFICE DEPOT 08/14/2024 2,288.98
AP Checks by Date - Summary by Check Date (8/30/2024 8:52 AM) Page 1 11 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30019 10289 P.G.& E. 08/14/2024 7,025.32
30020 12026 PRECISION CIVIL ENGINEERING INC 08/14/2024 12,463.75 30021 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 08/14/2024 423.63 30022 10319 RENO'S HARDWARE 08/14/2024 605.93
30023 12646 SCL NORTH 08/14/2024 28,125.41
30024 10862 SIGNMAX 08/14/2024 68.27
30025 10337 SLUMBERGER LUMBER 08/14/2024 1,016.16
30026 11787 SNAP ON INC 08/14/2024 193.03
30027 11460 SUPERIOR POOL PRODUCTS LLC 08/14/2024 2,074.14 30028 12650 TERRY MADORY 08/14/2024 330.00
30029 BP-THE 1 THE ENERGUY 08/14/2024 64.00
30030 10754 THE HOME DEPOT PRO-SUPPLY WORKS08/14/2024 276.42 30031 10387 USA BLUE BOOK 08/14/2024 504.08
30032 10391 VALLEY FARM SUPPLY STORES 08/14/2024 2,611.09 30033 12290 VERIZON 08/14/2024 592.95
30034 11328 VSS INTERNATIONAL 08/14/2024 1,400.00
30035 10406 WEST HILLS OIL INC 08/14/2024 12,252.70
30036 12267 IRENE ZAMORA 08/14/2024 150.00
30037 10419 ZIM INDUSTRIES INC 08/14/2024 272.44
Total for 8/14/2024: 274,495.43
30038 12653 ISABELLE BELTRAN 08/19/2024 462.79
Total for 8/19/2024: 462.79
30039 10021 ALERT O LITE 08/22/2024 328.30
30040 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 08/22/2024 2,250.04 30041 10040 AT&T MOBILITY 08/22/2024 1,779.03
30042 12649 AUTONATION HYUNDAI CARLSBAD 08/22/2024 17,393.57 30043 10545 WILBERT BARCOMA 08/22/2024 133.00
30044 11917 BLAIS & ASSOCIATES LLC 08/22/2024 2,836.50
30045 10054 BLUE SHIELD OF CALIFORNIA 08/22/2024 58,835.67 30046 10617 C A REDING CO INC 08/22/2024 25.97
30047 12101 CENTRAL VALLEY SALINITY COALITION INC 08/22/2024 1,424.12 30048 10092 CENTRAL VALLEY TOXICOLOGY INC 08/22/2024 95.00 30049 10452 CITY OF FRESNO WMD 08/22/2024 69.00
30050 10104 COMCAST 08/22/2024 498.48
30051 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 08/22/2024 728.45 30052 10107 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 08/22/2024 1,623.98 30053 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 08/22/2024 44.00 30054 12006 CROMER INC 08/22/2024 156.90
30055 11874 CSG CONSULTANTS INC 08/22/2024 8,626.00
30056 11382 DATA TICKET INC 08/22/2024 31.28
30057 12557 DENCO WELDING 08/22/2024 709.55
30058 10144 ELBERT DISTRIBUTING INC 08/22/2024 188.22
30059 11398 FASTSIGNS 08/22/2024 78.08
30060 12379 GILL CHEVROLET 08/22/2024 123,750.00
30061 12654 GLORIA GONZALEZ 08/22/2024 150.00
30062 11358 GREAT AMERICA FINANCIAL SERVICES08/22/2024 542.70 30063 12655 JESUS GUIZAR 08/22/2024 150.00
30064 12187 HAMNER JEWELL & ASSOCIATES 08/22/2024 2,014.28 30065 10201 HORIZON 08/22/2024 996.14
30066 10226 JORGENSEN & CO 08/22/2024 323.08
30067 10485 JP AIR CONDITIONING & HEATING 08/22/2024 6,383.06 30068 12112 LG ELECTRIC 08/22/2024 4,500.00
30069 10250 LIEBERT CASSIDY WHITMORE 08/22/2024 4,526.00 AP Checks by Date - Summary by Check Date (8/30/2024 8:52 AM) Page 2 12 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30070 10251 LIGHTHOUSE ELECTRIC INC 08/22/2024 913.75
30071 10678 MAC'S EQUIPMENT INC 08/22/2024 2,299.76
30072 10335 MADERA FORD 08/22/2024 307.78
30073 10261 MID VALLEY DISPOSAL INC 08/22/2024 12,441.82 30074 12356 NOTORIOUS GRAFIX 08/22/2024 682.61
30075 10282 OFFICE DEPOT 08/22/2024 1,061.44
30076 10289 P.G.& E. 08/22/2024 14,558.12
30077 12437 PATCH SUPPLY 08/22/2024 327.11
30078 10301 PETTY CASH 08/22/2024 238.44
30079 12026 PRECISION CIVIL ENGINEERING INC 08/22/2024 13,385.63 30080 BP-PREC PRECISION SITE DEVELOPMENT 08/22/2024 1,473.03 30081 10316 R G EQUIPMENT OF FRESNO INC 08/22/2024 859.91 30082 11006 RIGHT NOW PHLEBOTOMY 08/22/2024 250.00
30083 12638 ROOT & BOUGH ENTERPRISE, INC 08/22/2024 1,025.48 30084 10986 ROTARY CLUB OF KERMAN 08/22/2024 1,500.00
30085 12475 SAN JOAQUIN PEST CONTROL 08/22/2024 105.00
30086 11650 SITEONE LANDSCAPE SUPPLY, LLC 08/22/2024 4,436.07 30087 10371 TJ LAW & ASSOCIATES INVESTIGATIONS08/22/2024 3,433.76 30088 10401 WALLYS TIRE AND WHEEL 08/22/2024 854.37
Total for 8/22/2024: 301,344.48
ACH 10644 US BANK EQUIPMENT FINANCE 08/23/2024 710.78
ACH 10341 STATE BOARD OF EQUALIZATION 08/23/2024 74.68
ACH 10518 KERMAN POLICE OFFICERS ASSN 08/23/2024 794.00 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN08/23/2024 270.00 ACH 10520 ICMA-RC 08/23/2024 3,714.52
30089 12656 GHD INC 08/23/2024 75,224.08
30090 BP-JOSE1 JOSEPH CROWN CONSTRUCTION 08/23/2024 16,664.25 Total for 8/23/2024: 97,452.31
ACH 10522 CALPERS 08/28/2024 75,944.91
Total for 8/28/2024: 75,944.91
30091 11493 24 / 7 PET VETS 08/29/2024 212.40
30092 10021 ALERT O LITE 08/29/2024 484.80
30093 BP-AYON NOREIDA AYON 08/29/2024 917.70
30094 12660 ALEJANDRO BELTRAN 08/29/2024 450.00
30095 10056 BOGIE'S PUMP SYSTEMS 08/29/2024 133.86
30096 12659 ELIZABETH BRANDON 08/29/2024 150.00
30097 12306 BRYCE CONSULTING 08/29/2024 570.00
30098 10061 BSK ASSOCIATES 08/29/2024 1,230.00
30099 10617 C A REDING CO INC 08/29/2024 178.94
30100 12658 CALIFORNIA POLICE TRAINING MANAGERS ASSOCIATION 08/29/2024 100.00 30101 11874 CSG CONSULTANTS INC 08/29/2024 607.50
30102 10741 DISPENSING TECHNOLOGY CORPORATION 08/29/2024 2,955.40 30103 10458 RAUL HERRERA ECN POLYGRAPH AND INVESTIGATIONS 08/29/2024 250.00 30104 11140 FRESNO TRUCK CENTER 08/29/2024 791.66
30105 10166 FRESNO-MADERA AGENCY ON AGING 08/29/2024 22.80 30106 BP-GARC GARCIA'S MARKET 08/29/2024 439.38
30107 12553 GARLAND/DBS INC 08/29/2024 3,999.05
30108 12357 DANZEL GEMPIS 08/29/2024 250.00
30109 12305 GFOA 08/29/2024 345.00
30110 10185 GRAINGER 08/29/2024 179.03
AP Checks by Date - Summary by Check Date (8/30/2024 8:52 AM) Page 3 13 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30111 11358 GREAT AMERICA FINANCIAL SERVICES08/29/2024 181.75 30112 10201 HORIZON 08/29/2024 994.93
30113 12626 IRON CROSS TRACTOR SERVICES LLC 08/29/2024 3,050.00 30114 11923 JOE A GONSALVES & SON 08/29/2024 1,250.00
30115 10485 JP AIR CONDITIONING & HEATING 08/29/2024 3,150.00 30116 12128 JS TOWING 08/29/2024 200.00
30117 11746 LINE X OF CLOVIS 08/29/2024 8,733.21
30118 11096 LOZANO SMITH LLP 08/29/2024 80.00
30119 12661 MARK H. HYMAN M.D IN. 08/29/2024 8,782.20
30120 10272 MUTUAL OF OMAHA 08/29/2024 2,960.48
30121 10282 OFFICE DEPOT 08/29/2024 263.77
30122 10289 P.G.& E. 08/29/2024 96,625.87
30123 10301 PETTY CASH 08/29/2024 37.52
30124 10305 PITNEY BOWES BANK INC PURCHASE 08/29/2024 5,110.00 30125 10304 PITNEY BOWES GLOBAL FIN SERV LLC08/29/2024 1,698.19 30126 10316 R G EQUIPMENT OF FRESNO INC 08/29/2024 356.68 30127 11139 SCELZI ENTERPRISES INC 08/29/2024 24,696.20 30128 10862 SIGNMAX 08/29/2024 190.80
30129 11650 SITEONE LANDSCAPE SUPPLY, LLC 08/29/2024 1,674.17 30130 11787 SNAP ON INC 08/29/2024 7,154.70
30131 11479 NATALIE SOLIS 08/29/2024 450.00
30132 10346 STATE WATER RESOURCE CNTRL BRD 08/29/2024 276,742.86 30133 11460 SUPERIOR POOL PRODUCTS LLC 08/29/2024 474.15 30134 10371 TJ LAW & ASSOCIATES INVESTIGATIONS08/29/2024 800.00 30135 10387 USA BLUE BOOK 08/29/2024 621.75
30136 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 08/29/2024 322.52 30137 12575 STEVE WILKINS 08/29/2024 133.00
30138 10413 YAMABE & HORN ENGINEERING INC 08/29/2024 136,987.17 30139 12140 ZERONOX 08/29/2024 1,336.23
Total for 8/29/2024: 599,325.67
Report Total (168 checks): 1,412,919.47
AP Checks by Date - Summary by Check Date (8/30/2024 8:52 AM) Page 4 14 Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
Salary & OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 223,194.85 $ 922.28 194.78 $ 9,745.26 0.00 $ - 83.00 $ 1,790.11 $ 235,652.49 64.88 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: August 18, 2024 - August 31, 2024

Page 1 of 1 ends

Section 5, Item C.

STAFF REPORT
MEETING DATE: September 11, 2024
PRESENTER: Josie Camacho, City Clerk
SUBJECT: Adopting Amendments to the Conflict of Interest Code (JC) RECOMMENDATION: Council by motion amend the Conflict of Interest Code and accept the 2024 Local Agency Biennial Notice.

EXECUTIVE SUMMARY:

The Political Reform Act requires local agencies to conduct a review of the code every two years. The City has conducted a biennial review of its Conflict of Interest Code and does see a need for an amendment. A 2024 Local Agency Biennial Notice must be submitted to the City Council as the code reviewing body.

The City of Kerman adopted Conflict of Interest Codes in compliance with the Political Reform Act. Pursuant Government Code Section 87300. The City Council is required every numbered year to review its Biennial Conflict of Interest Code list of designated positions for changes.

The current code is two years old, staff is recommending it be updated. Changes to the code are attached in Exhibit ‘A’.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution w/Exhibit
16 Section 5, Item D.

Attachment ‘A’
RESOLUTION NO. 24-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

ADOPTING AMENDMENTS TO THE CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to adopt and promulgate conflict of interest codes, and to conduct a biennial review and revise them if necessary; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal.

Code of Regs. 18730) which contains the terms of a standard conflict of interest code which may be incorporated by reference in an agency’s code, and which may be amended by the FPPC to conform to amendments in the Political Reform Act, following public notice and hearings; and WHEREAS, amendments to it duly adopted by the FPPC have previously been incorporated by reference in Resolution 22-71, which, together with the list of designated positions and disclosure categories adopted from time to time by the City Council constitutes the Conflict of Interest Code for the City of Kerman; and
WHEREAS, the City has conducted its biennial review of the current Conflict of Interest Code which the City last reviewed in 2022 pursuant to Government Code Section 87300; and WHEREAS, the City has determined amendments to the Code are necessary in accordance with the applicable laws, regulations, and guidelines.

NOW, THEREFORE, BE IT RESOLVED THAT, having undertaken its biennial review of the City’s Conflict of Interest Code, the City Council hereby confirms that an amendment to the Code (Exhibit ‘A’) is required at this time and accepts the updated 2024 Local Agency Biennial Notice.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 11th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Exhibit ‘A’

CONFLICT OF INTEREST CODE OF THE CITY OF KERMAN
A. Purpose and Intent.

The City Council hereby intends to implement Government Code Section 87300 through 87313 pertaining to conflict of interest codes for local agencies.

B. Conflict of Interest Code.

The Political Reform Act (Government Code Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict-of-interest code that may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the FPPC to conform to amendments in the Political Reform Act.

This is the Conflict of Interest Code of the City of Kerman. It consists of Sections A through G and in particular the terms of 2 California Code of Regulations Section 18730 and any amendments thereto duly adopted by the FPPC.

C. Public Officials Designated by Statute
The positions listed below are public officials designated by statute and are required to file with the FPPC a Statement of Economic Interests Form 700 pursuant to Government Code Section 87200.
 Mayor
 City Council Members
 City Attorney
 City Treasurer/Finance Director
 Planning Commissioners
A copy of the Form 700 will be retained by the City. Notwithstanding this, for convenience the City of Kerman is also listing these officials in the Designated Positions described in Section 3 below and in Appendix A.

D. Designated Positions and Disclosure Categories
Persons holding positions listed as designated position under this section D shall file with the City Clerk a Statement of Economic Interests Form 700 upon assuming office, annually thereafter, and upon leaving office. Form 700s are public records and are available for public inspection and reproduction from the City Clerk. (Gov. Code Section 81008) The City Clerk is the Filing Officer.
18 Section 5, Item D.

Exhibit ‘A’
The designated positions are set forth in Appendix A which is incorporated by reference to this Conflict of Interest Code. The Disclosure Categories are set forth in Appendix B which is incorporated by reference to this Conflict of Interest Code.

E. Prior Conflicts of Interest Codes Superseded.

The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by the City are hereby superseded and have no further force and effect.

F. Effective Date.

This Conflict of Interest Code is deemed effective on September 28, 2022.

G. Appendices.

The following Appendices are incorporated herein by reference and deemed a part of this Conflict of Interest Code:

1. Appendix A: Designated Positions

2. Appendix B: Disclosure Categories

3. Appendix C: 2 California Code of Regulations Section 18730 It must be noted that Appendix C is the current version of regulation Section 18730 as described in Section B above. As stated, the FPPC may from time to time amend Section 18730 and for that reason, the FPPC website should be reviewed by persons in designated positions.
19 Section 5, Item D.

Exhibit ‘A’

APPENDIX A TO CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS
Designated Positions Disclosure Categories
 Mayor 1,2,3,4,5,6
 City Council Members 1,2,3,4,5,6
 Planning Commissioners 1,2,3,4,5,6
 City Manager 1,2,3,4,5,6
 Finance Director/City Treasurer 1,2,3,4,5,6
 City Clerk/Executive Assistant to CM 1,2,3,4,5,6
 City Attorney 1,2,3,4,5,6
 Public Works Director 1,2,3,4,5,6
 Chief of Police 1,2,3,4,5,6
 Community Services Director 1,2,3,4,5,6
 Community Development Director 1,2,3,4,5,6
 (Contract) City Engineer 1,2,3,4,5,6
 Consultants *
* Consultants shall be included in the list of designated positions and shall disclose pursuant to the disclosure requirements in this code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Sec. 81008.)
20 Section 5, Item D.

Exhibit ‘A’

APPENDIX B TO CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to their assigned disclosure category (ies).

Disclosure Category 1
Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifts, and travel payments, from all sources.

Disclosure Category 2
Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency.

Disclosure Category 3
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency.

Disclosure Category 4
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated position’s division or department.

Disclosure Category 5
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that filed a claim against the agency during the previous two years, or have a claim pending.

Disclosure Category 6
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources of the type to request an entitlement to use agency property or facilities, including, but not limited to:
 a license
 a permit
21 Section 5, Item D.

STAFF REPORT
MEETING DATE: September 11, 2024
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Consideration of Donation Grant Deed from City to the State of California, Department of Transportation Relating to KUSD Harvest Elementary School Project (JG) RECOMMENDATION: Council adopt Resolution Approving Donation Grant Deed Relating to Parcel 89844-1 to the State of California, Department of Transportation (Caltrans).

EXECUTIVE SUMMARY:

Kerman Unified School District (KUSD) recently constructed Harvest Elementary (School) which went into operation during the recently started 2024-25 school year. In addition to the construction of the School, KUSD is required to construct public access improvements for school traffic circulation to and from State Route 180 onto the constructed segment of First Street. The improvements will consist of a signalized pedestrian facility, pavement, curb, gutter and sidewalk. While the public improvements are being constructed as part of the KUSD project, the City and its residents will benefit from the public access improvements. The proposed resolution approves the transfer at no cost of City’s Parcel 89844-1 with an approximate area of 1,791 square feet to CalTrans. This will allow for timely completion of the public improvements and benefit not only KUSD but also the City of Kerman and its residents.

DISCUSSION:

The access improvements being in ultimate Caltrans right-of-way, KUSD is in coordination with Caltransfor obtaining permitting approvals. During the permitting process, Parcel 89844-1 with an approximate area of 1,791 feet was identified as City owned. The parcel sits adjacent to Caltrans right-of-way to the east, west and south and prevents the necessary configuration required by Caltrans for establishing its ultimate right-of-way. Furthermore, the parcel is in physical conflict with the necessary public access improvements. The depiction of the property is set forth in the Donation Grant Deed Exhibit ‘B’ to the resolution.

In discussions with Caltrans, their recommended best course of action, for timely conclusion of permitting process, is for the City to donate Parcel 89844-1 directly to Caltrans. Transfer of City ownership to Caltrans will allow KUSD to obtain permitting approval and hire a contractor for construction of the necessary access improvements currently impacting traffic circulation to and from the School. Additionally, the transfer will relieve the City of future maintenance obligations of the parcel which based on its location cannot serve for purposes other than street right-of-way.
22 Section 7, Item A.

FISCAL IMPACT:

The grant deed donation by the City to Caltrans does not result in an expense to the City.

ATTACHMENTS:

A. Attachment A - Location Map
B. Attachment B – Resolution w/Exhibit A (the Donation Grant Deed) and Exhibits A and Exhibit B to the Grant Deed.
23 Section 7, Item A.

Attachment 'A' Not to scale Not to scale
24 Section 7, Item A.

Attachment ‘B’
RESOLUTION NO. 24-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN, CALIFORNIA, APPROVING DONATION GRANT DEED RELATING TO PARCEL 89844-1 TO THE

STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION
WHEREAS, Kerman Unified School District (KUSD) recently constructed Harvest Elementary; and
WHEREAS, KUSD is required to construct public access improvements for school traffic circulation to and from State Route 180 onto recently constructed First Street; and WHEREAS, the improvements will consist of a signalized pedestrian facility, pavement, curb, gutter and sidewalk; and
WHEREAS, the public access improvements are in an ultimate Caltrans right-of-way and require Caltrans permitting approval; and
WHEREAS, City Parcel 89844-1 consisting of 1,791 square feet is located adjacent to a Caltrans’ right-of-way to the east, west, and south and prevents the necessary configuration for establishing the ultimate right of way and is in physical conflict with necessary public access improvements; and
WHEREAS, grant deed donation from the City to the State of California, Department of Transportation (Caltrans) is necessary for completion of KUSD’s permitting process with Caltrans; and
WHEREAS, Parcel 89844-1 cannot serve as anything other than street right-of-way and; WHEREAS, the transfer of Parcel 89844-1 and completion of the public improvements will benefit not only the KUSD Project but also the City and its residents; and WHEREAS, the transfer of Parcel 89844-1 from the City to Caltrans will relieve the City of future maintenance obligations of the parcel which based on its location cannot be used for purposes other than street right-of-way.

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

1. That the foregoing recitals are true and correct and incorporated by reference.

2. The City Council hereby approves the Donation Grant Deed attached hereto and incorporated by reference

3. The City Manager is authorized to execute the Donation Grant Deed. 25 Section 7, Item A.

4. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 11
th day of September, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
26 Section 7, Item A.

RECORDING REQUESTED BY AND
WHEN
RECORDED MAIL TO:

California Department of Transportation
2015 East Shields Avenue, Suite 100
Fresno, CA 93726-5428
State Business – No Recording Fee
(Gov. Code 27383)
DEPT. OF TRANSPORTATION
BY: _Jason Aramburu_______________
Transportation Surveyor
Space above this line for Recorder’s Use
Deed Grant Donation – Kerman City 01/2023
DONATION District County Route Postmile Number

GRANT DEED
06 FRE 180 42.39 89844-1
City of Kerman, a California Municipal Corporation,
hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, all that real property in the City of Kerman, County of Fresno, State of California, described as follows:

See Exhibit 'A' and 'B', attached.

The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway. 27 Section 7, Item A.

Number
89844-1
Grant_Deed_Donation_cover.docx 01/2023
City of Kerman, a California Municipal Corporation
Dated:

By: John Jansons,
City Manager

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ________________
On ______________________ before me, _______________________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________ (Seal)
28 Section 7, Item A.

Number
89844-1
Grant_Deed_Donation_cover.docx 01/2023
______________________________________________________________________ This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By Tony Tavares
Director of Transportation
By
Attorney in Fact
Tom Overstreet
29 Section 7, Item A.

EXHIBIT 'A'

LEGAL DESCRIPTION
Parcel 89844-1
Caltrans Right-of-Way Dedication
A portion of that certain parcel of land granted by that Grant Deed, recorded December 22, 1980, in Book 7644, at Page 246, as Document No. 124467, of Official Records of Fresno County, lying in the Southeast quarter of Section 1, Township 14 South, Range 17 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, in the County of Fresno, State of California, more particularly described as follows:

COMMENCING at the Southeast corner of said Section 1;
(1) Thence South 89°51 '51" West, along the South line of said Southeast quarter, a distance of 1,326.80 feet to a point of intersection thereof with the West line of the land described in said Grant Deed and the POINT OF BEGINNING.
(2) Thence North 1 ° 13'35" East, along said West line, a distance of 92.03 feet to a point of intersection thereof with a line which is parallel with and 92.00 feet North of said South line; (3) Thence North 89°
51 '51" East, along said parallel line, a distance of 28.82 feet to the beginning of a non-tangent curve, concave Easterly, with a radial bearing of South 89°16'45" East; (4) Thence Southerly, along the arc of said non-tangent curve, with a radius of 470.07 feet, through a central angle of 0
°
51 '11 ", an arc distance of 7.00 feet to the beginning of a tangent line; (5) Thence South 0
°
07'56" East, along said tangent line, a distance of 10.00 feet to the beginning of a tangent curve, concave Northeasterly;
(6) Thence Southeasterly, along the arc of said tangent curve, with a radius of 35.00 feet, through a central angle of 90°
00'1 O", an arc distance of 54.98 feet to the beginning of a non-tangent line; (7) Thence South 0
°
08'09" East, along said non-tangent line, a distance of 40.00 feet to a point of intersection thereof with said South Line of the Southeast quarter; (8) Thence South 89°
51 '51" West, along said South line, a distance of 65.95 feet to the POINT OF BEGINNING.

Containing an area of 1,791 square feet, more or less, in addition to the portion lying within State Route 180 (Whitesbridge Avenue).

END DESCRIPTION
This legal description was prepared by me, or under my direction, in accordance with the Professional Land Surveyors' Act.

Se tember 5 2024
Randell Sc t West, PLS 8663 Date
Blair, Church & Flynn Consulting Engineers
30 Section 7, Item A.
"
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GRANT DEED TO THE

CITY OF KERMAN PER
BK. 7644 PG. 246,
AS DOC. NO. 124467

OFFICIAL RECORDS OF

FRESNO COUNTY
SECTION 1
T.14S., R. 17E. COUNTY OF FRESNO

CITY OF KERMAN
PARCEL 3

GRANT DEED
DOCUMENT NO. 2017-0012775

OFFICIAL RECORDS, FRESNO COUNTY

WEST LINE OF GRANT

DEED TO THE CITY OF

KERMAN PER
S89'16'45"E (RADIAL) ...... ....-......
--,----ct
r-------
�- L2 POINT OF COMMENCEMENT
S.E. CORNER SEC. 1,
T. 14S., R. 17E.,
M.D.B.&M.

BK. 7644 PG. 246,
AS DOC. NO. 124467

OFFICIAL RECORDS OF

FRESNO COUNTY
------
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PROPERTY LINE
L4
SOUTH LINE S.£ 1 /4
SEC. 1, T. 14S., R. 17E.,
M.D.8.&M.
1260.85'
1326.80'
S89'51'51"W 2653.59'

BASIS OF BEARINGS WEST WHITESBRIDGE AVENUE
(STATE ROUTE 180)
SECTION 12
T. 14S., R. 1 7E.

CURVE TABLE
--------

LINE TABLE
LINE# LENGTH BEARING
L1 28.82' N89'51'51"E
L2 10.00' S0'07'56n
E
L3 40.00' S0'08'09n
E
CURVE# RADIUS DELTA LENGTH L4 65.95' S89'51'51n
W
C1 470.07' 0'51 '11" 7.00' L5 92.03' N1'13'35n
E
C2 35.00' 90'00'10n 54.98'

PROPOSED RIGHT-OF-WAY DEDICATION

SECTION LINE

EXISTING RIGHT OF WAY LINE
ISSSS\1
I
AREA OFFERED FOR RIGHT-OF-WAY DEDICATION:

TOTAL AREA: 1,791 SQ.FT. (0.04 AC)

TOTAL COMBINED AREA OFFERED FOR RIGHT-OF-WAY
DEDICATION INCLUDING CALTRANS UNDERLYING FE£·
TOTAL AREA: 4,410 SQ.FT. 0.1 AC
0 10 25 50 75

SCALE IN FEET
Blair,
Church
Flynn
CONSULTING ENGINEE!l:S

CONSULTANT CALTRANS
�:Z= t--------
E
-
X
-
H
-
IB_
IT_,....,,-B .... ,.... , ------.....-D
-
R.
-
8 -
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MM
-
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-.....------1
SUlta200 �= CH. BY RSW SHEET NO. 1 RIGHT-OF-WAY DEDICATION FD.iai-.m111 DATE 09/05/24 OF 1 SHEETS SCALE: AS NOTED
Drawing: P:\219-0159\Site\Exhibits\Caltrons ROW Eosements\City Of Kerman Porcel\219159_Corner ROW.dwg; Loyout1 - BCF.cfb Plot by: ljimenez Sep 05, 2024 - 3:48pm 31 Section 7, Item A.

STAFF REPORT
MEETING DATE: September 11, 2024
PRESENTER: John Jansons, City Manager and Hilda Cantu Montoy, City Attorney SUBJECT: Consideration and First Reading of an Ordinance to Increase City Council Compensation (JJ & HC)
RECOMMENDATION: That pursuant to Council direction of August 28, 2024, the City Council waive full reading and consider introduction at this meeting and adoption at the following meeting of Ordinance Amending Section 2.40.010 of Title 2, Chapter 2.40 of the Kerman Municipal Code Regarding City Council Compensation. The ordinance compensation amounts are within allowable limits set forth by Government Code Section 36516.

BACKGROUND:

At its meeting of August 28, 2024, the Council considered whether to direct staff to prepare an ordinance increasing City Council compensation. The discussion and ability of Council to make such changes is governed by Senate Bill 329, which became effective on January 1, 2024. SB 329 amended Section 36516 of the Government Code to now allow 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 complies with the prior maximum of $300/month.

Section 2.40.010 states:
“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
32 Section 7, Item B.

After deliberating on this matter at the August 28th meeting, the Council directed that compensation for Council Members be set at $500 and compensation for the Mayor be set at $700. As we began drafting the ordinance, we noted the current ordinance provides for $125 compensation for each meeting which equals $250 per month with a cap of $300 per month.

The higher amount accounts for special meetings.

As Council direction was $500 per month for Council Members and $700 for the Mayor, the proposed ordinance provides that Council Members will receive $250 per meeting and the Mayor will receive $350 per month. As with the current ordinance, a cap of $600 for Council Members and $800 for the Mayor was set to account for special meetings.

Note that the proposed ordinance retains the following text from current ordinance:

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, and Planning Commissioners should be changed, with any such change to become effective upon the commencement of new terms of any of said officers.

The proposed ordinance compensation amounts are within allowable limits set forth by Government Code Section 36516.

DISCUSSION:

Government Code 36516 now sets $950.00 amount as 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, 33 Section 7, Item B.
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.

If the Council were to adopt the ordinance increasing 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 5, 2024 election.

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.
 SB 329 adds the following requirements to the adoption of or amendment to an Ordinance.
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.

FISCAL IMPACT:

Table 1, depicts the resulting change in Council compensation annually. As discussed above, a “Special” or extra meeting during a month would increase Council compensation by an additional $100 per month, maximum, not shown below. The City General Fund is adequate to absorb the increase in proposed Council Member compensation and will be adjusted for at the Mid-Year Budget review and annually thereafter..

Table 1
Current/Budgeted $250 $3,000 $367 $16,835
Proposed $500 Council/$700 Mayor $32,400 $3,962 $36,362 Total Increase $19,527
ATTACHMENTS:

A. Ordinance
34 Section 7, Item B.

Attachment ‘A’
ORDINANCE NO. 24-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN, CALIFORNIA AMENDING SECTION 2.40.010 OF TITLE 2, CHAPTER 2.40 OF THE

KERMAN MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION WHEREAS, Sections 36516 and 36516. 5 of the California Government Code authorizes the setting of salary for the Council Members and the Mayor based on population; and WHEREAS, pursuant to Kerman Municipal Code §2.40.101, the monthly salary for Members of the Council was previously adjusted in 2008; and WHEREAS, in 2023, the State Legislature passed and the Governor signed into law Senate Bill 329; and
WHEREAS, Senate Bill 329 was adopted to “reset” City Council salaries to reflect the important work done by city council members, to take into account the impacts of inflation and economic realities on those who serve as city council members, and to encourage more persons to consider service as council members by making the compensation more reflective of the time and work being performed; and
WHEREAS, the City has grown from a population of approximately 12,000 in 2008 and now has a population of over 17,000; and
WHEREAS, there has been a significant increase in the work of City staff and the City Council since Council compensation was last adjusted; and WHEREAS, the City Council reviewed and discussed the purpose and impacts of Senate Bill 329 on the future governance of the City of Kerman at its meeting of August 28, 2024; and WHEREAS, the ceiling salary for cities with a population of 35,000 or less is $950.00, and WHEREAS, the Council has determined to adjust salary within the allowable amounts set forth in SB 329.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals and findings are true and correct and incorporated by reference.
35 Section 7, Item B.

SECTION 2. This Ordinance is adopted in conformance with the authority granted under Government Code Section 36516 and 36516. 5.

SECTION 3. Section 2.40.101 of the Kerman Municipal Code is amended to read as follows:

2.40.101
Commencing with and effective upon any person beginning a new term as Mayor or as a City Council Member after the general election in November, 2024, the salary of each City Council Member shall be two hundred fifty dollars per meeting and the salary of the Mayor shall be three hundred fifty dollars per meeting.

No compensation will be awarded for a meeting to the Mayor or any Council Member who fails to attend that meeting, regardless of the reason, and the compensation paid shall not exceed six hundred dollars per month for Council Members and eight hundred dollars per month for the Mayor in the aggregate in the event of a Special Meeting(s) in a given month.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Kerman, pursuant to all legal requirements.
36 Section 7, Item B.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Kerman on September 11, 2024, and was passed and adopted at a regular meeting of the City Council of the City of Kerman on _________ 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing ordinance is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
37 Section 7, Item B.

Kerman City CouncilSeptember 11, 2024

Kerman City Council
September 11, 2024