Kerman City Council
September 25, 2024

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
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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.

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.

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” 304
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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

• 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 308
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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 314
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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 315
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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. 316
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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. 317
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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. 318
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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 319
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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 320
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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’
REZONE 2023-02 ORDINANCE
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 R1-7 (SINGLE FAMILY RESIDENTIAL) TO THE SD-R-4.5 (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-R-4.5 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, 341
Section 6, Item B.
and this related rezone, and the project is in compliance with the California Environmental Quality Act (CEQA); and
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, the Planning Commission completed its review of the Staff Report and documents submitted for the proposed project at a special meeting on July 15, 2024, and adopted a resolution with a recommendation to the City Council to approve Rezone 2023-02; and WHEREAS, the City of Kerman City Council held a public hearing on August 28, 2024, to consider the Crown-Schaad Residential Project including Rezone 2023-02 Ordinance during which the Council solicited public testimony, and considered the environmental assessment; and WHEREAS, after the public hearing the Council introduced the Rezone 2023-02 Ordinance; and WHEREAS, the City Council now desires to adopt the Rezone 2023-02 Ordinance to amend the City’s official Zoning Map on real property described herein below as as Exclusive Agriculture to the SDR-4.5 (APN 020-140-22S) and Single-Family Residential (7000 SF Min. Lot) (R-1-7) to SD-R-4.5 (APN 020- 140-23S) zone districts; and
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 342
Section 6, Item B.
15065 of the State CEQA Guidelines. The project-specific 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 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 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 pre-zoning 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 LU5.4 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 LU3.3. 343
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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 LU5.4. 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 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: Given that all the findings can be made, the City Council adopts this Rezone 2023-02 Ordinance approving the amendment to the official zoning map of the City of Kerman to prezone approximately 9.69 aces to the SD-R-4.5 (Smart Development Combining District – Residential – minimum 4,500 square feet) zone district, and rezone 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 ‘1’ which is incorporated herein by reference.

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

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 28th day of August, 2024, and passed and adopted at a regular meeting of the City Council on the 25th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing ordinance is hereby approved.
_____________________
Maria Pacheco
Mayor
_____________________
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. 347
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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 Department of Fish and Wildlife to determine the appropriate avoidance and minimization measures.

Project
Applicant
Prior to issuance
of a construction
permit
NEEDS

ONGOING

COMPLIANCE
City of
Kerman
Building
Division
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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 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.

Project
Applicant
Prior to issuance
of a construction
permit
NEEDS

ONGOING

COMPLIANCE
City of
Kerman
Building
Division
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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
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.
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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 Project- related 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.

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 re-
contoured 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 351
Section 6, Item B.
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
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 Project
Applicant
Prior to issuance
of a construction
permit
NEEDS

ONGOING

COMPLIANCE

THROUGHOUT

CONSTRUCTION
City of
Kerman
Building
Division
352
Section 6, Item B.
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 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 353
Section 6, Item B.
area of discovery shall not be allowed until the preceding steps have been taken.
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 354
Section 6, Item B.
recovered shall be donated to an appropriate Tribal
custodian or a qualified 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 Project-related, 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 another appropriate facility regarding any discoveries of paleontological resources.

Project
Applicant
During ground
disturbance
activities
NEEDS

ONGOING

COMPLIANCE

THROUGHOUT

CONSTRUCTION
City of
Kerman
Building
Division
355
Section 6, Item B.

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 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 Project
Applicant
Prior to ground
disturbing
activities
City of
Kerman
Building
Division
356
Section 6, Item B.
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 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.

Project
Applicant
At least 30-days
before
construction

ONGOING

THROUGHOUT

CONSTRUCTION
City of
Kerman
Building
Division
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; Project
Applicant
Prior to issuance
of building
permit

ONGOING

THROUGHOUT

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

Tribal Cultural Resources
See Cultural Resources Project
Applicant
358
Section 6, Item B.

Attachment ‘H’
ANNEXATION 2023-02 RESOLUTION
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 Cortese-KnoxHertzberg 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 359
Section 6, Item B.

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 north side of West Kearney Boulevard between South Modoc and South Siskiyou Avenues (see Exhibit ‘1’); and WHEREAS, approval of the project requires 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 Cortese-KnoxHertzberg Local Government Reorganization Act of 2000, have been met; and WHEREAS, the City Council held a duly noticed public hearing on the project; 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 360
Section 6, Item B.
accordance with CEQA, no subsequent review is 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 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.
361
Section 6, Item B.
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 servicesto 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 single-family). The proposed annexation would meet this condition whereby at least 25% of the proposed annexation area will include an approved tentative subdivision map for single-family 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 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-KnoxHertzberg Local Government Reorganization Act of 2000. The City Council authorizes and directs the 362
Section 6, Item B.

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.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 25th day of September 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
_____________________
Maria Pacheco
Mayor
_____________________
Josie Camacho
City Clerk
363
Section 6, Item B.

Exhibit ‘1’
PROPOSED AREA OF ANNEXATION (ANNEXATION 2023-02)
364
Section 6, Item B.
365
Section 6, Item B.

Attachment ‘I’
VESTING TSM 2023-02 RESOLUTION
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.
366
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 pre-zoning 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 LU-3.2.
367
Section 6, Item B.

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 LU3.3.

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 LU5.4. 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 environmental and life safety regulations and standards. Thus, the project is not likely to cause serious public health problems. 368
Section 6, Item B.
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.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 25th day of September 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
_____________________
Maria Pacheco
Mayor
_____________________
Josie Camacho
City Clerk
369
Section 6, Item B.

Exhibit ‘1’
VESTING TENTATIVE SUBDIVISION MAP 2023-02
370
Section 6, Item B.
371
Section 6, Item B.
372
Section 6, Item B.

Exhibit ‘2’
Conditions of Approval for Tentative Subdivision Map 2023-02 Crown-Schaad Residential Development
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.

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 373
Section 6, Item B.

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’s representative 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. 374
Section 6, Item B.

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.
ii) Dedicate 2’ pedestrian easement and 8’ landscape easement north of proposed rightof-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.
375
Section 6, Item B.
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.

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
376
Section 6, Item B.

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
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 rights-of-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.
377
Section 6, Item B.

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. 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
378
Section 6, Item B.

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

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 379
Section 6, Item B.
year following the recordation of the final map. The property owner shall consent to the firstyear 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-ofway, 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.

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 noncompliant 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. 380
Section 6, Item B.

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. 381
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 ,
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 . 382
Section 6, Item B.

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 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. 383
Section 6, Item B.

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
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
384
Section 6, Item B.
385
Section 6, Item B.
386
Section 6, Item B.

STAFF REPORT
MEETING DATE: September 25, 2024
PRESENTER: John Jansons, City Manager
SUBJECT: Resolution Approving Successor Memorandum of Understanding with Kerman Peace Officers Association (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving successor Memorandum of Understanding with Kerman Peace Officers Association effective July 1, 2024, through June 30, 2027.

EXECUTIVE SUMMARY:

The existing consolidated Memorandum of Understanding expired on June 30, 2024. In anticipation of that, the City of Kerman and the Kerman Peace Officers Association began the bargaining process for a new successor agreement. The bargaining process achieved tentative agreement on August 30, 2024. Formal approval is now required of a successor Memorandum of Understanding (MOU) to complete the bargaining and negotiations process to implement and effectuate the contact changes to salary and benefits of KPOA members.

DISCUSSION:

Pursuant to California Government Code, Section 3500 et seq., the City of Kerman (City) and the Kerman Peace Officers Association (KPOA) have met and conferred in good faith regarding employment terms and conditions of the employees in the KPOA.

The legal relationship between the City, and its employees is governed to the extent required by law by Chapter 10 of Division 4, Title 1 of the State of California Government Code Section 3500 et. seq. (Meyers-Milias-Brown Act), the Personnel Rules and Regulations (“Employee Handbook”) of the City of Kerman as updated May 8, 2024, and the Fair Labor Standards Act, (FLSA) Title 29 United States Code, Chapter 8.

City and KPOA reached agreement as set forth in the successor Memorandum of Understanding (MOU) via the collective bargaining process resulting in tentative agreement (TA) on August 30, 2024.

Pursuant to that TA, a successor Memorandum of Understanding (MOU) now requires approval to complete the negotiations process and implement and effectuate the contract changes to salary and benefits of KPOA members. The revised terms are detailed in the successor MOU attached as Exhibit “A” to the resolution (Attachment ‘A’).

In summary, the new terms of the MOU include the following:
387
Section 7, Item A.
 Three-Year (3) term commencing July 1, 2024 through June 30, 2027,  Four Percent (4%) Cost of living increase to base salaries each year of the Agreement,
 The City will provide a One-Time Payment of Five Hundred Dollars ($500) as soon as possible after the first full pay period following City Council approval of the new MOU and Five Hundred Dollars ($500) on July 1, 2025 and July 1, 2026 to KPOA members who are employed at such time.
 Additional One Dollar ($1.00) per hour in shift differential pay for 1800 hours to 0600 hours shifts (including any overtime)
 Added $25.00 for a Master’s Degree under Educational Incentive Pay  Vacation Cash-out of hours over “Cap” twice yearly at employee’s choosing each fiscal year while retaining at least eighty (80) hour balance  Holiday Pay to be paid as earned in each payroll issuance to conform to CALPERS regulations
 One reopener to discuss use of compensatory time off during a pay period to count as “hours worked” for purposes of computing overtime entitlement during that pay period.

Employees in KPOA shall be governed by all existing agreements of the City of Kerman except as may be modified by or voided by the successor MOU including those agreements as adopted by the Kerman City Council as the condition of employment or appointment of office. If the Personnel Rules and Regulations conflict with the successor MOU, the successor MOU shall prevail.

Approval of the resolution by City Council will allow staff to implement and effectuate the changes as set forth in the successor MOU.

FISCAL IMPACT
The cost of implementing terms of a new successor MOU for FY 2024-2025 were anticipated in, and largely accounted for in the City's current General Fund and operating budgets. Future year KPOA personnel costs for FY 25-26 and FY 26-27 will be addressed during the preparation of those subsequent annual budgets.

ATTACHMENTS:

A. Resolution w/Exhibit
388
Section 7, Item A.

Attachment ‘A’

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AND

AUTHORIZING CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH KERMAN POLICE OFFICERS ASSOCIATION EFFECTIVE JULY 1, 2024 THROUGH JUNE 30, 2027 WHEREAS, the City of Kerman recognizes collective bargaining rights of its represented employees; and
WHEREAS, the Kerman Peace Officers Association (KPOA) represents City Police Department employees for collective bargaining of wages and benefits; and WHEREAS, pursuant to California Government Code, Section 3500 et seq., the City of Kerman (City) and the Kerman Peace Officers Association (KPOA) have met and conferred in good faith regarding employment terms and conditions of the employees in the KPOA; and WHEREAS, the legal relationship between the City, and its employees is governed to the extent required by law by Chapter 10 of Division 4, Title 1 of the State of California Government Code Section 3500 et. seq. (Meyers-Milias-Brown Act), the Personnel Rules and Regulations (“Employee Handbook”) of the City of Kerman as updated May 8, 2024 and the Fair Labor Standards Act, Title 29 United States Code, Chapter 8; and WHEREAS, all terms of wages and benefits for a set period of time are memorialized in a Memorandum of Understanding, by and between the City of Kerman (City) and the KPOA; and WHEREAS, the prior MOU for the period July 1, 2021 through June 30, 2024 expired; and WHEREAS, the City and the KPOA began negotiations in March of 2024 and concluded those negotiations in August of 2024, and resulting terms for an updated successor MOU were agreed upon (Exhibit ‘A’); and
WHEREAS, the City and the KPOA now desire to have that updated successor MOU approved by City Council.

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

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

SECTION 2. The City Council approves the successor Memorandum of Understanding (MOU) by and between the City of Kerman and the Kerman Peace Officers Association for the period of July 1, 2024 through June 30, 2027 as presented in Exhibit ‘A’ which is incorporated by reference. 389
Section 7, Item A.

SECTION 3. The City Council authorizes the City Manager to execute the successor MOU and ensure that all provisions of the MOU are implemented and enacted.

SECTION 4. The approved successor MOU and its terms are fully effective July 1, 2024.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 25th 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
390
Section 7, Item A.

Page | 1 Kerman Peace Officers Association
Exhibit ‘A’

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF KERMAN
AND

KERMAN PEACE OFFICERS ASSOCIATION
EFFECTIVE JULY 1, 2024 THROUGH JUNE 30, 2027

CONSOLIDATED VERSION
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PREAMBLE
This Memorandum of Understanding (“MOU”) is made and entered between the City of Kerman (“City”) and Kerman Peace Officers Association (“KPOA”) also referenced as “Association” in this MOU. This MOU is entered pursuant to California Government Code, Section 3500 et seq. The City and KPOA (collectively “Parties”) have met and conferred in good faith regarding employment terms and conditions of the employees in the City and have reached agreement as set forth in this Memorandum of Understanding.

RECITALS
WHEREAS, the City of Kerman historically recognized two public safety bargaining units (the Kerman Public Safety Employees Association (“KPSEA”) and the Kerman Public Safety Sergeants Association (“KPSSA”) and negotiated separately with each; and WHEREAS, at times one Memorandum of Understanding (“MOU”) was used to memorialize agreements with the two public safety associations and at other times one MOU was used; and WHEREAS, effective July 1, 2017 through June 30, 2021, the City entered separate MOU’s with KPSEA and KPSSA; and
WHEREAS, on October 28, 2020, the City Council adopted Resolution No. 20-90 approving and recognizing the Kerman Peace Officers Association as the employee group representing City of Kerman Police Department Employees formerly represented by the Kerman Public Safety Employees Association (KPSEA) and the Kerman public Safety Sergeants Association (KPSSA); and WHEREAS, the Parties met and conferred on a Successor MOU with KPOA and agree to enter into an MOU effective July 1, 2021, through June 30, 2024 with the understanding that they would continue to meet to create a Consolidated MOU comprised of terms and conditions in the prior KPSEA and KPSSA MOUs (“Prior MOUs”); and
WHEREAS, the parties have agreed on a Consolidated MOU for July 1, 2021, through June 30, 2024.

WHEREAS, the Parties met and conferred on a Successor MOU and agree to enter into an MOU effective July 1, 2024, through June 30, 2027.

AGREEMENT
ARTICLE 1 – INTENT
This MOU is intended to establish the rates of compensation, hours of work, and other terms and conditions of employment for all members of KPOA and shall be effective per the dates set forth below. 392
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ARTICLE II - DURATION AND SUCCESSOR AGREEMENT
This Agreement shall be effective as of July 1, 2024 continues through June 30, 2027. Prior to March 1, 2027, the Parties will begin Meet and Confer sessions regarding considerations of a new MOU effective July 1, 2027.

ARTICLE III - GOVERNING LAWS
A. The legal relationship between the City, and the employees shall be governed to the extent required by law by the following:

1. Chapter 10 of Division 4, Title 1 of the State of California Government Code Section 3500 et. seq. (Meyers-Milias-Brown Act).

2. Personnel Rules and Regulations (“Employee Handbook”) of the City of Kerman.

3. The Fair Labor Standards Act, Title 29 United States Code, Chapter 8.

B. Employees in KPOA shall be governed by all existing agreements of the City of Kerman except as may be modified by or voided by this MOU including those agreements as adopted by the Kerman City Council as the condition of employment or appointment of office. If the Personnel Rules and Regulations conflict with this MOU, this MOU shall prevail.

ARTICLE IV - CITY RIGHTS
Nothing in this MOU shall be construed to restrict any legal or inherent exclusive rights of the City of Kerman with respect to matters of general legislative or managerial policies, which include, but are not limited to the following rights of the City to:

A. Determine the mission of its constituents, departments, commissions and boards.

B. Set standards of service or determine the procedures and standards of selection for employment.

C. Direct its employees and the work of its employees.

D. Terminate and discipline employees in a lawful manner at the discretion of the City Manager pursuant to the rules of the personnel system.

E. Relieve or lay-off its employees from duty for periods of time because of lack of work, inclement weather conditions, or for other reasons within the discretion and upon review of the City Council.

F. Maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted.

G. Take all necessary action to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work. 393
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H. Hire, promote, demote, transfer, assign, and classify employees within the established Personnel guidelines and determine the content or classifications and job titles I. Take action as may be necessary to carry out the mission of the agency in emergencies.

J. Determine the methods, means and personnel by which operations are to be carried on.

K. Determine its budget, organization merits, and level of any activity or service provided to the public.

ARTICLE V - EMPLOYEE RIGHTS
A. Right to Join, Form, and Participate: As provided for by Government Code section 3500 et seq., employees shall have the right to form, join and participate in the activities of employee organizations of their choosing for the purpose of representation on all matters of employee relations.

B. Right to Refuse to Join: As provided for pursuant to Government Code Section 3500 et seq.

Employees shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City.

C. Right of Representation: Any employee shall have the right to be represented in their employment relations with the City
D. Scope of Representation: The scope of representation shall include matters relating to employment conditions including, but not limited to, wages, hours, and other terms and conditions of employment. Except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by the City or any accommodation for an individual protected under the Americans with Disabilities Act, when such accommodations are in compliance with state and federal laws.

E. Discrimination by City: The City shall not interfere with nor discriminate in any way against any employee by reason of his or her membership in employee association activities. The City agrees not to intimidate any employee, not to attempt to restrain any employee, nor in any way to limit the full and free expression of any employee's right to participate in lawful activities.

F. Discrimination by Employees: Employees shall not interfere with, intimidate or discriminate in any manner against any employee by reason of his or her choice not to belong or be a member of any Association or partake in the activities thereof.
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G. Non Discrimination: The provisions of this MOU shall be applied equally to all employees without favor or discrimination because of race, color, sex, age, national origin, or political or religious opinions or affiliations.

H. Other Employees: Any form of part-time, temporary, seasonal, provisional or special circumstance employees are excluded from this MOU.

ARTICLE VI - ASSOCIATION RECOGNITION
A. Association Recognition: The City recognized the KPOA as the recognized employee organization for the Unit comprised of the following City Police Department classifications:
 Police Sergeant
 Police Corporal (by assignment of Police Chief)
 Police Officer
 Police Records Manager,
 Police Records Clerk
 Administrative Assistant
 Community Service Officer
 Animal Control Officer
B. Meet and Confer: The City and the Association mutually agree to meet and confer in good faith promptly upon the request of one another, and mutually agree to continue to meet and confer in good faith for a reasonable time in order to exchange freely information, opinions and proposals and to endeavor to reach a mutual agreement on matters within the scope of representation.

C. Association Representative and Officers: The City and the Association recognize and agree to deal with one another's accredited officers and representatives in all matters relating to grievances and the interpretation of this Memorandum of Understanding.

D. Payroll Deduction: The City shall allow payroll deductions on behalf of the KPSEA to be made in accordance with City guidelines.

VII - WORK PERIODS, OVERTIME, AND WORK SCHEDULE
A. Work Period: For sworn members of the Police Department the work period shall be defined as 84 hours of work in a fourteen day period, but subject to call at any time.

1. Pursuant to section 7(k) of the FLSA, the City has adopted a 14-day/84 hour work period for sworn personnel.

2. Non-sworn personnel shall have a work period of 40 hours during a seven-day calendar week. 395
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B. Schedules: The City Manager or Police Chief may alter or arrange the schedule of employees' hours to fit the needs of the Police Department, allowing or requiring employees to work more or less hours than theretofore enumerated.

C. Overtime:

1. Overtime Rate (FLSA) For Sworn Personnel: Commencing July 1, 2017, Sworn employees working 12 hour days shall be paid for overtime or receive compensatory time at the rate of time and one-half (1½) their regular rate of pay as defined in the Fair Labor Standards Act (FLSA). The City shall pay overtime in excess of 12 hours worked in a day or 84 hours worked in a 14 day work period.

Commencing July 1, 2017, sworn employees working non 12 hours days shall have hours adjusted to reflect an 84 hour work period and shall be paid for overtime or receive compensatory time at the rate of time and one-half (1½) their regular rate of pay as defined in the Fair Labor Standards Act (FLSA). The hours will be adjusted at the discretion of City Management. The City shall pay overtime in excess of 12 hours worked in a day or 84 hours worked in a 14 day work period.

All overtime shall be recorded and paid on the basis of 15 minute increments, such that for each full 15 minute period worked, the employee shall be compensated for one quarter hour of overtime.

2. Overtime For Non-sworn Personnel:

Non-sworn employees shall be paid overtime or receive compensatory time for hours worked in excess of forty hours per week.

D. Authorization: All overtime shall be approved by the Watch Commander prior to being worked.

The Police Chief shall review and approve all overtime. The City Manager may review overtime pay prior to disbursement.

E. Holiday Pay: Employees working on a recognized holiday shall be paid at the rate of time and one-half (1 ½) of their regular rate of pay.

Sundays/Holidays: Saturday and/or Sunday shall not be considered overtime if the same falls within the regular work period of an employee. Call back overtime for which seven days’ advance notice of work on Sunday or Holidays is not given shall be compensated at double time.

F. Compensatory Time: Compensatory time carried over from one fiscal year to the next shall not exceed 80 hours, but not more than 80 hours of compensatory time can be accrued at any time.

Employees planning to use compensatory time shall submit requests to the Chief of Police or supervising Sergeant within five (5) working days of intended use. The request will be approved 396
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if desired staffing levels are able to be maintained. Employees with more than 80 hours compensatory time on the books at the time of this agreement may not earn additional compensatory time. While an employee has credit for 80 hours of compensatory time on the books, no additional compensatory time may be accrued, and any overtime hours worked by the employee must be compensated at applicable overtime rates.

G. Work Period Non-Sworn Personnel: The regular work week is defined as 40 hours of work during a calendar week, but subject to call at any time. Work periods are defined as 80 hours of work in a fourteen (14) day period, except that approved vacation hours will be considered "hours worked". All overtime shall be reviewed by the Police Chief prior to any work. The City Manager may review overtime prior to disbursement. All other provisions of Article VII, e.g., paragraphs B through F, are applicable to non-sworn employees, unless modified by paragraph (G).

H. Call-out and Standby Pay: Any employee placed on court standby on his or her day(s) off shall be compensated for all standby hours at twenty five (25%) percent of their regular rate of pay beginning at the hour noted on the subpoena and terminating at the time the employee departs his or her residence for court. Officers on court standby, if issued a pager, will be required to carry such while on standby. When contacted, the officer will respond to court within the time frame specified by Department policy. The Chief of Police may develop other reasonable procedures.

Upon the employee's departure for court, he or she will be entitled to compensation at the overtime (time and one-half his or her regular rate of pay) rate, at a minimum of three (3) hours, or actual time spent, whichever is greater.

Any employee who is recalled to work one (1) hour after the conclusion of or prior to his or her normal shift is entitled to compensation at one and one-half times his or her normal hourly rate, at a minimum of three hours or actual time worked, whichever is greater. This minimum applies only to call back.

VIII - EMPLOYEE BENEFITS
A. Uniform Allowance and/or Uniform Provision: Regular full-time employees of the Police Department shall receive uniform allowance, paid quarterly with separate checks, of $1,100 per year ($275 per quarter).

B. Mileage: In the event an employee shall occasionally use his or her privately owned automobile for City business during the course of their employment, and meet the minimum requirements established in the Administrative Procedures Manual Personnel System Rules, said employee shall be compensated at the rate established by City per IRS standards cents per mile; provided that no City employee shall use his or her privately owned automobile for City business during the course of their employment without prior approval of the City Manager. The employee must demonstrate proof of auto liability insurance prior to such approval. 397
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C. Education Reimbursement Any employee desiring special training within his City vocation may be reimbursed for partial tuition expense thereof, provided that said employee shall receive the prior recommendation of the Police Chief and approval therefore from the City Manager and shall complete the training course with a minimum grade of "C" or its equivalent. Any veteran's allowance or other education benefit payable to said employee with respect thereto shall be deducted from this reimbursement. In the event any employee receiving such reimbursement resigns his/her position, all reimbursement for tuition expenses paid to said employee within the past 12 months shall be returned to the City.

D. Holidays Employees are eligible for a maximum of 88 hours of paid holiday time. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. When a holiday falls on a Saturday, the preceding Friday will be observed as the holiday. Any employee whose regular assignment requires work on a recognized City holiday shall receive compensation at straight time for that individual holiday equal to the actual holiday hours per the below schedule, in addition to regular pay. In lieu of compensation time-off an employee may request pay at straight time.. Said request shall be made during the work period in which holiday falls. It is understood that based on CalPERS requirements, the City will identify and report compensation for the pay period in which the compensation was earned regardless of when paid and that it not exceed compensation earnable per California Government Code Section 20630.

Credit for working a holiday will be based on whether a person’s work shift started on the holiday. Holidays are specifically defined in the City Employee Handbook.

The City provides a maximum total of 88 hours paid holiday time per calendar year. This equals to eleven regular 8-hour work days.

The current agreed upon days recognized as holidays are:

1. New Year's Day, January 1

2. Martin Luther King holiday, Third Monday in January

3. Washington's Birthday, Third Monday in February

4. Memorial Day, Fourth Monday in May

5. Independence Day, July 4

6. Labor Day, First Monday in September

7. Veterans Day, November 11

8. Thanksgiving Day, Fourth Thursday in November

9. Day After Thanksgiving Day

10. Four (4) Hours -Christmas Eve Day, December 24

11. Christmas Day, December 25
Any days declared by the State or Federal government as national/state holidays may be recognized as compensable holidays only if the total holiday time in one calendar year does not exceed 88 hours. If such cases occur, the appropriate employee recognized representative or 398
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agent may meet and confer with City Manager to select the day(s) to exchange in order that total does not exceed 88 hours/calendar year.

E. Vacation An employee may accrue no more than the maximum vacation hours shown in the following schedule as of his or her anniversary date:

1. 1-5 years 112 hours

2. 6-15 years 150 hours

3. 16 or more years 200 hours
When maximum vacation hours have been accrued, no additional vacation hours will be earned until the vacation hours have been reduced to less than the maximum allowed. The employee will not be given retroactive credit for any period of time when vacation did not accrue An employee may make a written request for permission to accrue hours in excess of the maximum to permit a scheduled surgery, extended vacation or leave, or other extraordinary circumstance. Such requests may be granted only if the Chief of Police and the City Manager determine that such accrual will not have a detrimental effect upon the operations of the City or the Police Department.

The above schedule is applicable only to completed years of full time regular service. Partial years, or part time service, or types of employment other than full time regular service will not be considered in calculating maximum vacation hours.

F. Vacation Earned: Subject to the accrual limits set forth in the previous paragraph, all vacation time shall be earned and credited to the employee on a monthly basis.

Employees covered by this Agreement shall earn vacation per the following:

1. Up to and including five years of service -ten (10) working days.

2. Six years through fifteen years of service -fifteen (15) working days.

3. Sixteen years of service or more -twenty (20) working days.

G. Vacation Cash Out: Employees who reach the cap for vacation are entitled to cash out excess vacation leave twice each fiscal year provided that they retain at least an 80 hour balance of leave after each cash-out.

H. Sick Leave: Upon termination, sick leave earned will be paid to the employee based up the following schedule:
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1. An employee must complete five (5) years of employment prior to any sick leave cash-out eligibility.

2. An employee serving a total of 6-15 years may cash out forty (40%) percent of his or her sick leave hours at his or her current rate of pay.

3. An employee who retires or terminates after 16-20 years of service may cash out seventy five (75%) percent of his or her sick leave hours at his or her current rate of pay.

4. An employee who retires or terminates after 20 years of service may cash out ninety (90%) percent of his or her sick leave hours at his or her current rate of pay. An employee upon retirement and in lieu of cash-out of sick leave time may convert unused/unpaid sick leave to time-in service per the conditions of the Sick Leave Conversion Benefits of the City's PERS retirement plan.

I. Personal Leave: Each employee is entitled to three (3) 8-hour days of personal leave each fiscal year. This time will be taken from earned sick leave. Personal leave does not accumulate from year to year and must be scheduled in the same manner as vacation time.

J. Health Insurance: The City Council shall determine the group health and life insurance provider.

All employees covered by the Agreement are eligible for coverage. The City's contribution to the selected plan is as follows:

Employees' coverage for medical, vision, dental and life ($25,000) insurance per City related plan shall be paid by City. For employees who select to cover dependents for health insurance the employee contribution shall be:

Employee shall contribute minimum of 30% of total premium of selected level of dependent coverage. City will continue the existing Long-Term Disability program for sworn employees.

The costs will be shared equally by the City and each employee. The City plan applicable to miscellaneous employees, non-sworn employees in this bargaining unit will participate on the same basis as other miscellaneous employees and share the costs with City.

The capped 2017-2018 rates paid by the City on health insurance for those employee hired after July 1, 2017 are rescinded.

Each employee shall include eligible premium payments for his or her share of dependent coverage in the City's section 125 Program for tax credit purposes.

1. Cash for Termination of Health Insurance Coverage: If employee provides satisfactory evidence of health insurance coverage from another source and elects to drop all City-provided Health Insurance, City will pay employee as compensation an additional $100/month; if dental and vision are declined as well, the compensation will be a total of $150/month. As permitted by the Insurer, 400
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employee may elect to re-enter the City's Health Insurance to obtain insurance for employee and eligible family members.

2. Life Insurance Optional Increase: If permitted by the insurance plan, employee may elect to pay additional premiums to obtain additional life insurance coverage.

K. Retirement: The City and KPOA agree with the following Cost Share contributions:

1. CalPERS Classic Member (hired prior to July 1, 2012) - retirement benefit formula is 2% @ 60 retirement benefit formula, three year average, with employee paying three percent (3%) of their salary as a contribution toward CalPERS retirement (City pays four percent (4%).

2. CalPERS Classic Member (hired after July 1, 2012) - retirement benefit formula is 2% @ 60% retirement benefit formula, three year average and employee pays seven percent (7%) contribution amount of their salary as a contribution toward CalPERS retirement.

3. CalPERS New Members (hired after January 1, 2013 –Post PEPRA) - retirement benefit formula is 2% @ 62% retirement benefit formula, three year average and employee pays current 11% employee contribution amount.

Note: Pension formulas are determined based on provisions of the California Public Employees’ Pension Reform Act of 2013 (PEPRA) and the contribution amount is subject to adjustment annually by CalPERS.

L. Take Home Vehicles: All employees who have individually assigned patrol vehicles and live within the boundaries of the Kerman Unified School District will be provided with a take home vehicle and will follow Police Department guidelines as to the care, parking and maintenance of such units.

ARTICLE IX – SALARIES
A. Salary: Salary ranges for all unit classifications will be increased 4% effective the first full pay period following City Council approval of the new MOU, but no sooner than the pay period that includes July 1, 2024; 4% effective the pay period that includes July 1, 2025; and 4% effective the pay period that includes July 1, 2026.

B. One-Time Payment: The City will provide a One-Time Payment of Five Hundred Dollars ($500) as soon as possible after the first full pay period following City Council approval of the new MOU and Five Hundred Dollars ($500) on July 1, 2025 and July 1, 2026 to KPOA members who are employed at such time.

C. Special Assignment Pay: Effective July 1, 2000, in addition to any other pay specified in this Agreement, sworn employees except sergeants assigned to any of the following special details are 401
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entitled to an additional two percent (2) increase over his or her regular rate of pay during such time as he or she is assigned to perform said detail:

1. Detective

2. Evidence and Property

3. Crime Prevention

4. Training Officer
Any employee who is assigned to two (2) of the above details simultaneously shall receive an additional three percent (3%) increase over his or her regular rate during the time when s/he is performing work in both details.

All assignments to which this section refers are within the discretion of the Chief of Police, subject to approval of the City Manager, and no employee has, or may claim, any property right to any of the foregoing assignments.

Bargaining Unit employees who qualify for, and participate in, the City of Kerman bilingual program shall be entitled to a two and one-half (2 1/2%) percent increase over their regular rate of pay, pursuant to the provisions of said program.

E. Educational Incentive: Commencing July 1, 2018, employees shall receive $50.00 per month for having an A.A./A.S. degree, an additional $75.00 per month for having a B.A./B.S. degree, and an additional $25.00 per month for a Master’s degree if the degrees benefit the Police Department. Educational majors that are automatically considered as benefitting the Police Department are: Criminology, Computer, Business, English, Psychology, Sociology, Kinesiology, and Liberal Arts. The Liberal Arts major will only be recognized with an A.A.

All other majors will be considered on a case by case basis by Human Resources.

F. Longevity Pay: Employees who have been employed on a full time basis with the City for a continuous period of ten years shall receive a 2.5% salary increase which shall be effective on the pay period following the employee’s qualifying anniversary date. Employees who have been employed on a full-time basis with the City for a continuous period of 15 years shall receive a second 2.5% salary increase which shall be effective on the pay period following the employee’s qualifying anniversary date. Employees who have been employed on a full-time basis with the City for a continuous period of 20 years shall receive a third 2.5% salary increase which shall be effective on the pay period following the employee’s qualifying anniversary date.

G. POST Certification Pay: Public safety employees shall receive additional compensation for attaining POST certificates as follows:
a. 2.5% for Intermediate POST Certificate
b. 2.5% pay for Advanced POST Certificate
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H. Additional Pay for 1800-0600: Effective July 1, 2024, employees scheduled the shift of 1800- 0600 shall receive an additional one dollar ($1) differential in salary. This additional pay also applies to employees scheduled to work an overtime shift of 1800-0600.

ARTICLE XII - GENERAL PROVISIONS
A. Nothing in this MOU shall abrogate any portion of any existing Agreement hiring or appointing or establishing conditions of employment for the employees of the City of Kerman.

However, when in conflict this Agreement supersedes the City of Kerman Personnel Rules and Regulations.

B. Nothing in this MOU shall be construed to deny any person or employee the rights granted by Federal and State law and/or City ordinances. The provisions of this Agreement shall be subject to all current and future applicable Federal and State laws and existing City ordinances, rules and regulations.

C. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this MOU.

D. The enactment of this MOU shall not be construed as making the provision of Section 923 of the California Labor Code applicable to employees of the City.

E. The provisions of this MOU are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Section 3500 et seq.) as amended.

ARTICLE XIII - SEVERABILITY
If any provision of this MOU, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of this MOU or the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby.

ARTICLE XIV - PRIOR ACTIONS SUPERSEDED
This agreement is intended as a Memorandum of Understanding setting forth the full and entire agreement of the City and its employees regarding the matters covered hereby. All other prior enactments and agreements relating to the subject matter hereof are superseded and terminated in their entirety.
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ARTICLE XV – REOPENER
During the negotiations for this MOU, KPOA requested that “Employees using compensatory time off during a pay period may count that time as “hours worked” for purposes of computing overtime entitlement during that pay period.” The parties were unable to reach agreement. However, the parties agree to reopen negotiations on this item only within ninety (90) days from the City Council’s approval of this MOU.

ARTICLE XVI – MODIFICATION
This Memorandum of Understanding shall be effective as of July 1, 2024, and shall remain in full force and effect through June 30, 2027. During the life of this Memorandum of Understanding, should either party desire to modify its terms or to meet and confer as to matters within the scope of representation, not addressed in this Memorandum of Understanding, such party shall request in writing to meet and confer on the item, which shall be specified in writing. Meeting and conferring shall not be required on any matter preempted or specifically provided for by state or federal law, including, without limitation, the Americans with Disabilities Act. No changes in this Agreement shall be made without the mutual consent of both the Association and the City of Kerman, and any such changes shall be in writing and signed by both parties.

IN WITNESS WHEREOF, KPOA and the City of Kerman have executed this MOU as set forth below.

KERMAN PEACE OFFICERS

ASSOCIATION
______________________________
Brenden Barra, President
Date: _________________, 2024

CITY OF KERMAN
______________________________
John Jansons, City Manager
Date: _________________, 2024
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STAFF REPORT
MEETING DATE: September 25, 2024
PRESENTER: John Jansons, City Manager and Hilda Cantu Montoy, City Attorney SUBJECT: Second Reading and Adoption of Ordinance to Increase City Council and Mayor’s Compensation within allowable limits set forth by Government Code Section 36516 (JAJ & HCM)
RECOMMENDATION: That Council conduct the second reading and adopt ordinance amending Section 2.40.010 of Title 2, Chapter 2.40 of the Kerman Municipal Code to increase the City Council and Mayor’s compensation within allowable limits set forth by Government Code Section 36516.

EXECUTIVE SUMMARY:

On September 11, 2024, the Council considered an ordinance to modify the compensation for the Council and Mayor in conformance with state law. After a staff presentation, request for public comments, and deliberations, the Council waived the full reading and introduced the ordinance. At this meeting, the Council is asked to conduct the second reading and adopt the ordinance.

BACKGROUND and DISCUSSION:

At its meeting of August 28, 2024, the Council directed 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.

On September 11, 2024, City Council waived the full reading and introduced the ordinance by Title only. Under the ordinance, the base compensation is set at $250 for Council Members and $350 for the Mayor for each regular meeting. This meets the direction of August 28th to set the compensation at $500 per month for Council Members and $700 per month for the Mayor.

Consistent with the current ordinance an additional amount of $100 is set should there be a third meeting in any month. The cap per month is $600 for Council Members and $800 for the Mayor.

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

The proposed increase would raise Council compensation to approximate $36,362 annually and an increase of up to additional $6000 per year if a third meeting is needed each month which is unlikely. 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.

ATTACHMENTS:

A. Ordinance
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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.

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

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.

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.
408
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 September 25, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing ordinance is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
409
Section 7, Item B.

STAFF REPORT
MEETING DATE: September 25, 2024
PRESENTER: Jesus Gonzalez, City Engineer
SUBJECT: Consider Rejecting All Bids Received for the Hart Ranch Community Park Project and Authorizing Advertisement of Revised Bid Documents (JG) RECOMMENDATION: Council by motion adopt resolution rejecting all bids for the Hart Ranch Community Park Project and authorizing staff to advertise revised bid documents.

EXECUTIVE SUMMARY:

The City recently opened bids for the Hart Ranch Community Park Project. The lowest bid received came in under the Engineer’s Estimate. The City received a protest by the third lowest bidder against the two lowest bidders and by the second lowest bidder against the first. The basis of the protests pertained to the bidders’ responsiveness due to perceived omissions in the submitted bid documents and responsibility based on perceived lack of licensure and work experience outlined as requirements in the Project’s specifications. The review by staff and the City Engineer determined there was a lack of clarity in the bid documents as to licensure, qualifications, and the “allowance” aspect of the lake portion of the Project. Review also reflected that many of the requirements may limit competition. Based on the foregoing staff is recommending the rejection of the bids and a re-bid of the project.

DISCUSSION
The project was advertised in the Business Journal on June 28, 2024, the Kerman News on July 3, 2024, and the Mid-Valley Times on July 4, 2024. Additionally, the Project was posted on the City of Kerman website and listed on Builders Exchanges. Four bids were received and publicly opened on August 7, 2024 at 2:00 P.M. at Kerman City Hall. The results are as follows:

Hart Ranch Community Park Base Bid
Avison Construction, Inc. $11,859,665.00
American Paving Co. $12,412,283.10
Kya Services, LLC $13,771,165.00
Caliber Contracting Services $16,963,829.00
The Project Engineer’s Estimate was $12,255,000 and bids came in between $11,859,665.00 million and $16,963,829.00.
410
Section 7, Item C.

On August 9, 2024, following the opening of bids, the City received a bid protest from the third low-bidder, KYA Services, LLC (KYA). The basis of KYA’s protest is that neither American Paving Co. (APC) nor Avison Construction, Inc. (Avison) had submitted the requisite documentation regarding experience relating to the lake. Later that same day, the City also received a bid protest from the second low bidder, APC. The basis of APC’s Protest is that Avison did not possess a Qualified Applicator License (QAL) Category F, as required by the Bid Specifications, nor did it list a subcontractor possessing such license. On August 13, 2024, the City received a supplemental protest from APC contending Avison’s bid was nonresponsive for failure to have the principal’s signature notarized on the bid bond.

Review of Bids
The review of the specifications reflected a lack of clarity as to the qualifications for the water feature. This lack of clarity included: (i) lack of clarity as to what the lake “allowance” meant; (ii) stating that the QAL license was to be possessed “during the course of construction and commissioning” which implied it was not required when the bid was submitted, (iii) the term “eight (8) years prior experience constructing lakes of similar size and complexity” was not clear, and (iv) the required listing of comparable projects was unclear. There were other requirements in the specifications such as “Contractor Maintenance License” that were overbroad. Based on this, it was difficult not only to ascertain responsiveness, but also responsibility. The manner in which the specifications were written may have also limited competition. Additionally, the language stating the lake was an “allowance” did not conform to the qualifications for the lake.

For these reasons staff, in consultation with the City Engineer and City Attorney, determined to recommend the rejection of all bids and did not complete its determination on the bid protests.

Rebidding the Project
Under California Public Contracts Code Section 20166, a public entity retains the discretion to reject all bids received on a given project. Based on the foregoing and potential continued issues with determining the lowest responsive and responsible bidder due to unclear bid specifications, staff believes that rebidding the project is in the best interest of the City. Moving forward staff and the City Engineer will review the specifications to revise and clarify language regarding the lake, requisite licensing, qualifications, experience, and other requirements.

Once the language creating ambiguity is clarified, staff will advertise for bids which is likely within 30 days.

ATTACHMENTS:

A. Resolution
411
Section 7, Item C.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN REJECTING BIDS FOR THE HART

RANCH COMMUNITY PARK PROJECT AND AUTHORIZING THE RE-ADVERTISEMENT FOR BIDS WHEREAS, the Invitation to Bid for the Hart Ranch Community Park Project, in the City of Kerman was published in the Business Journal on June 28, 2024, the Kerman News on July 3, 2024, the Mid-Valley Times on July 4, 2024 and was sent to Builders Exchanges; and WHEREAS, bids for the project were publicly opened and read aloud at Kerman City Hall on August 7, 2024 at 2:00 p.m.; and
WHEREAS, after a review of the bids received and a review of the bid specifications, staff has recommended that all bids be rejected and that the Project be re-advertised; and WHEREAS, pursuant to California Public Contracts Code Section 20166, a public entity retains the discretion to reject all bids on a given project.

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

Section 1. The foregoing recitals are deemed true and correct.

Section 2. All bids received by the City of Kerman on August 7, 2024 for the Hart Ranch Community Park Project are hereby rejected.

Section 3. Staff is authorized to revise the bids specifications and to re-advertise the project.

Section 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 25th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
412
Section 7, Item C.

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
City Clerk
413
Section 7, Item C.