CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, April 09, 2025 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $500 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.
1. OPENING CEREMONIES
A. Call to Order
B. Roll Call
C. Invocation
D. Flag Salute
2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.
3. PRESENTATIONS/CEREMONIAL MATTERS
A. Presentation by Luis Miranda on proposal to provide free children’s dance and music program
4. PUBLIC FORUM (for matters not on agenda)
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.
Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.
1 5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.
A. SUBJECT: Minutes - March 26, 2025
RECOMMENDATION: Council approve minutes as presented.
B. SUBJECT: Payroll (JA)
3/2/25 to 3/15/25: $250,463.06; Retro Pay & Other: $0.00; Overtime: $5,451.63; Holiday:
$0.00; Standby: $1,871.86; Comp Time Earned: 33.00
RECOMMENDATION: Council approve payroll as presented.
C. SUBJECT: Contract with Lozano and Smith LLP for Legal Services (JAJ) RECOMMENDATION: Council by motion adopt resolution approving the agreement for legal services with Lozano Smith relating to employment matters and authorize City Manager to execute the agreement.
6. PUBLIC HEARINGS – None.
7. DEPARTMENT REPORTS
A. SUBJECT: Discussion on Teen Programs provided by the Parks, Recreation, and Community Services Department (TJ)
RECOMMENDATION: Informational
B. SUBJECT: Prospective Dog Park Locations (TJ)
RECOMMENDATION: Council hear a presentation from staff regarding prospective dog park locations in the City of Kerman, with possible direction to staff.
8. CITY MANAGER/STAFF COMMUNICATIONS
9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 2 10. CLOSED SESSION
If desired, members of the public may comment on Closed Session items. Members of the public wishing to address Council on Closed Session items should notify the Mayor when that item is called, and the Mayor will recognize your discussion at that time. It should be noted that Council is prohibited from discussing or addressing comments on Closed Session items.
A. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency Designated Representatives: City Manager
Unrepresented Employees:
Community Development Director
Community Services Director
Finance Director
Public Works Director
Police Chief
11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.
ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 550-1414.
The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 550-1414 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.
AGENDA POSTING CERTIFICATION
I, Josie Camacho, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.
Date: April 4, 2025 /s/ Josie Camacho, City Clerk
3 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, March 26, 2025 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630
1. OPENING CEREMONIES
A. Call to Order - 6:01 p.m.
B. Roll Call - All members present except Councilmember Dhaliwal C. Invocation - Performed by Mayor Pacheco
D. Flag Salute – Performed
2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Mayor Pro Tem Yep, Seconded by Councilmember Herrera.
Ayes: Yep, Herrera, Hall, Pacheco
Noes: None
Abstain: None
Absent: Dhaliwal
Motion passes 4-0-0-1
3. PRESENTATIONS/CEREMONIAL MATTERS
A. Introduction of New Police Officer (SW) - Lt. Barcoma introduced Ofc. Hunter Thomas Recess 6:08 p.m.
Reconvene 6:11 p.m.
B. Presentation by Fresno County Economic Development Corporation (EDC) - Presented by Lauren Nikkel
4. PUBLIC FORUM (for matters not on agenda)
Public Comment from Scott Bishop, Angel Martinez, and Jenna Sidhu. 4 Section 5, Item A.
5. CONSENT CALENDAR
A. SUBJECT: Minutes - March 12, 2025
RECOMMENDATION: Council approve minutes as presented.
B. SUBJECT: Warrants (JA)
1. Nos.31242-31557 $2,068,770.72 ACH $346,395.13.
RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
2/16/25 to 3/1/25: $254,084.11; Retro Pay & Other: $118.17; Overtime: $4,332.00; Holiday:
$1,702.99; Standby: $1,665.40; Comp Time Earned: 53.37
RECOMMENDATION: Council approve payroll as presented.
D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.
E. SUBJECT: Agreement with Family Healing Center (SW)
RECOMMENDATION: Council by motion adopt resolution approving Memorandum of Understanding with Family Healing Center. – Res. 25-23
F. SUBJECT: Approve Annual Renewal of Independent Instructor Agreement with Luisa Aguirre to Instruct Fee-Based Zumba Classes for the Parks, Recreation and Community Services Department (TJ)
RECOMMENDATION: Council by motion adopt resolution approving the renewal of the Independent Instructor Agreement with Luisa Aguirre to instruct fee-based Zumba classes and authorize the City Manager to execute the contract. – Res. 25-24 Motion made by Mayor Pro Tem Yep, Seconded by Councilmember Hall.
Ayes: Yep, Hall, Herrera, Pacheco
Noes: None
Abstain: None
Absent: Dhaliwal
Motion passes 4-0-0-1
6. PUBLIC HEARINGS - None.
5 Section 5, Item A.
7. DEPARTMENT REPORTS
A. SUBJECT: 2024 Annual Progress Report for the General Plan and Housing Element (JJ) RECOMMENDATION: Council by motion adopt a resolution accepting the 2024 Annual Progress Report for the General Plan and Housing Element and authorizing submittal to the Governor’s Office of Land Use and Climate Innovation and the California Department of Housing and Community Development. – Res. 25-25
Motion made by Councilmember Herrera, Seconded by Mayor Pro Tem Yep.
Ayes: Herrera, Yep, Hall, Pacheco
Noes: None
Abstain: None
Absent: Dhaliwal
Motion passes 4-0-0-1
B. SUBJECT: Discussion of City-paid Health Insurance for City Council Members (JAJ) RECOMMENDATION: Council hear a presentation from staff regarding City health insurance for City Councilmembers, with possible direction to staff.
No action taken.
8. CITY MANAGER/STAFF COMMUNICATIONS
9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS
10. CLOSED SESSION - 8:11 p.m.
A. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency Designated Representatives: City Manager
Unrepresented Employees:
Community Development Director
Community Services Director
Finance Director
Public Works Director
Reconvene at 8:48 p.m. with no reportable action.
11. ADJOURNMENT - 8:48 p.m.
MINUTES CERTIFICATION
I, Dalia Santana Zamudio, Deputy Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630.
Date: March 27, 2025 /s/ Dalia Santana Zamudio, Deputy Clerk 6 Section 5, Item A.
CITY OF KERMAN
PAYROLL REPORT
RETRO PAY GROSS COMP TIME
Salary & OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 250,463.06 $ - 116.53 $ 5,451.53 0.00 $ - 77.00 $ 1,871.86 $ 257,786.45 33.00 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: March 2, 2025 - March 15, 2025
Section 5, Item B.
STAFF REPORT
MEETING DATE: April 9, 2025
PRESENTER: John Jansons, City Manager
SUBJECT: Contract with Lozano and Smith LLP for Legal Services (JAJ) RECOMMENDATION: Council by motion adopt resolution approving the agreement for legal services with Lozano Smith relating to employment matters and authorize City Manager to execute the agreement.
EXECUTIVE SUMMARY:
The City is a member of Employment Risk Management Authority (ERMA) for employment practices liability coverage. ERMA utilizes a few attorney firms in California that specialize in public sector employment. Lozano Smith is one of those firms, and ERMA has appointed Lozano Smith to provide legal services to the City on numerous matters. ERMA appointed attorneys work in conjunction with the City Attorney.
DISCUSSION:
ERMA provides liability coverage for wrongful employment practices (discrimination, harassment, retaliation, or wrongful termination). Wrongful employment practices claims are submitted to ERMA, and ERMA decides whether to accept the claim based on the Memorandum of Coverage. Claims accepted by ERMA are then referred to an ERMA approved attorney. At this time, ERMA has assigned Lozano Smith to represent the City in one on-going case.
The City’s Self-Insured Retention (SIR) amount is $25,000. This means that for any claims accepted by ERMA, the City is responsible for the cost up to $25,000. ERMA’s liability coverage will cover any cost over $25,000. A valid contract with the legal provider, in this case Lozano Smith, is required to be compliant with ERMA requirements and ensure coverage for wrongful employment practices claims.
For efficiency purposes, at times there are related issues not covered by ERMA and the City Manager and City Attorney may determine to have the ERMA-assigned attorney from Lozano Smith handle the matter.
The proposed resolution (Attachment ‘A’) will approve the agreement with Lozano Smith and authorize the City Manager to execute the agreement. Attachment ‘B’ to this report is the agreement including Scope of Services and Fee Schedule. 8 Section 5, Item C.
ALTERNATIVES:
To not approve the agreement with Lozano Smith in which case any wrongful employment practices claims will need to be handled by another firm authorized by ERMA. It is noted that ERMA will not pay for legal costs of firms not on ERMA’s authorized list.
FISCAL IMPACT:
The fiscal impact is dependent upon each particular claim. However, the maximum amount would be $25,000 based on the City’s SIR.
ATTACHMENTS:
A. Resolution
B. Agreement including Scope of Services and Fee Schedule 9 Section 5, Item C.
Attachment ‘A’
RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING
THE AGREEMENT FOR LEGAL SERVICES WITH LOZANO SMITH FOR LEGAL SERVICES
RELATING TO EMPLOYMENT MATTERS AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT
WHEREAS, the City is a member of the Employment Risk Management Authority (ERMA) for employment practices liability coverage; and
WHEREAS, ERMA provides liability coverage for wrongful employment practices (discrimination, harassment, retaliation, or wrongful termination); and WHEREAS, claims accepted by ERMA are then referred to an ERMA approved attorney and ERMA has assigned Lozano Smith to represent the City in one on-going case; and WHEREAS, Kerman City Council finds it in the best interest of the City to have a valid contract with the legal provider, Lozano Smith, and it is required to be compliant with ERMA requirements and ensure coverage for wrongful employment practices claims and related employment matters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kerman as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City Council approves the Agreement for Legal Services with Lozano Smith for legal services relating to wrongful employment practices.
3. The City Council authorizes the City Manager to execute the Agreement.
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 9
th day of April 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
10 Section 5, Item C.
The foregoing resolution is hereby approved.
___________________________
Maria Pacheco
Mayor
ATTEST:
____________________________
Josie Camacho
City Clerk
11 Section 5, Item C.
1 AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT (“Agreement”) is effective February 20, 2025 (“Effective Date”), between the CITY OF KERMAN (“Client”) and the law firm of LOZANO SMITH, LLP (“Attorney”) (each a “Party” and collectively the “Parties”). Attorney shall provide legal services as requested by Client on the following terms and conditions:
1. ENGAGEMENT. Client hires Attorney on an as-requested basis as its legal counsel with respect to matters the Client refers to Attorney. When Client refers a matter to Attorney, Attorney shall confirm availability and ability to perform legal services regarding the matter.
After Attorney has completed services for the specific matter referred by Client, then no continuing attorney-client relationship exists unless Client requests further services and Attorney accepts a new engagement. If Attorney undertakes to provide legal services to represent Client in such matters, Attorney shall keep Client informed of significant developments and respond to Client’s inquiries regarding those matters. Client understands that Attorney cannot guarantee any particular results, including the costs and expenses of representation. Client agrees to be forthcoming with Attorney, to cooperate with Attorney in protecting Client’s interests, to keep Attorney fully informed of developments material to Attorney’s representation of client, and to abide by this Agreement. Client is hereby advised of the right to seek independent legal advice regarding this Agreement.
2. RATES TO BE CHARGED. Client agrees to pay Attorney for services rendered based on the attached rate schedule. Agreements for legal fees on other-than-an-hourly basis may be made by mutual agreement for special projects (including as set forth in future addenda to this Agreement).
3. REIMBURSEMENT. Client agrees to reimburse Attorney for actual and necessary expenses and costs incurred in the course of providing legal services to Client, including but not limited to expert, consultant, mediation, arbitration fees and e-discovery service fees. Attorney shall not be required to advance costs on behalf of Client over the amount of $1,000 unless otherwise agreed to in writing by Attorney. Typical expenses advanced for Client, without prior authorization, include messenger fees, witness fees, expedited delivery charges, travel expenses, court reporter fees and transcript fees. Client authorizes Attorney to retain experts or consultants to perform services necessary to represent Client for a specific matter.
4. MONTHLY INVOICES. Attorney shall send Client a statement for fees and costs incurred every calendar month (the “Statement”). Statements shall set forth the amount, rate and description of services provided. Client shall pay Attorney’s Statements within thirty (30) calendar days after receipt. An interest charge of one percent (1%) per month shall be assessed on balances that are more than thirty (30) calendar days past due, not to exceed 10% per annum.
5. COMMUNICATIONS BETWEEN ATTORNEY AND CLIENT. The Parties recognize that all legal advice provided by Attorney is protected by the Attorney-Client and Work Product Attachment 'B'
12 Section 5, Item C.
2 Privileges. In addition to regular telephone, mail and other common business communication methods, Client hereby authorizes Attorney to use facsimile transmissions, cellular telephone calls and text, unencrypted email, and other electronic transmissions in communicating with Client. Unless otherwise instructed by Client, any such communications may include confidential information.
6. POTENTIAL AND ACTUAL CONFLICTS OF INTEREST. If Attorney becomes aware of any potential or actual conflict of interest between Client and one or more other clients represented by Attorney, Attorney will comply with applicable laws and rules of professional conduct.
7. INDEPENDENT CONTRACTOR. Attorney is an independent contractor and not an employee of Client.
8. TERMINATION.
a. Termination by Client. Client may discharge Attorney at any time, with or without cause, by written notice to Attorney.
b. Termination by Mutual Consent or by Attorney. Attorney may terminate its services at any time with Client’s consent or for good cause. Good cause exists if (a) Client fails to pay Attorney’s Statement within sixty (60) calendar days of its date; (b) Client fails to comply with other terms and conditions of this Agreement, including Client’s duty to cooperate with Attorney in protecting Client’s interests; (c) Client has failed to disclose material facts to Attorney; or (d) any other circumstance exists that requires termination of this engagement under the ethical rules applicable to Attorney.
Additionally, to the extent allowed by law, Attorney may decline to provide services on new matters or may terminate the Agreement without cause upon written notice to Client if Attorney is not then providing any legal services to Client. Even if this Agreement is not terminated, under paragraph 1, an attorney-client relationship exists only when Attorney is providing legal services to Client.
c. Following Termination. Upon termination by either Party: (i) Client shall promptly pay all unpaid fees and costs for services provided or costs incurred pursuant to this Agreement up to the date of termination; (ii) unless otherwise required by law or agreed to by the Parties, Attorney will provide no legal services following notice of termination; (iii) Client will cooperate with Attorney in facilitating the orderly transfer of any outstanding matters to new counsel, including promptly signing a substitution of counsel form at Attorney’s request; and (iv) Client shall, upon request, be provided the Client’s file documents maintained for the Client by Attorney and shall sign acknowledgment of receipt upon delivery of that file. For all Statements received by Client from Attorney prior to the date of termination, Client’s failure to notify Attorney in writing of any disagreement with either the services performed or the charges for those services as shown in the Statement within thirty (30) calendar days of the date of termination shall be deemed Client’s acceptance of and agreement with the Statement.
For any billing appearing for the first time on a Statement received by Client from 13 Section 5, Item C.
3 Attorney after the date of termination, failure to notify Attorney in writing of any disagreement with either the services performed or the charges for those services within thirty (30) calendar days from receipt of the Statement shall be deemed to signify Client’s acceptance of and agreement with the Statement.
9. MAINTENANCE OF INSURANCE. Attorney agrees that, during the term of this Agreement, Attorney shall maintain commercial liability and professional errors and omissions insurance.
10. CONSULTANT SERVICES. Attorney works with professional consultants that provide services, including but not limited to, investigations, public relations, educational consulting, leadership mentoring and development, financial, budgeting, management auditing, board/superintendent/chancellor relations, administrator evaluation and best practices, and intergovernmental relations. Attorney does not share its legal fees with such consultants.
Attorney may offer these services to Client upon request.
11. DISPUTE RESOLUTION.
a. Mediation. Except as otherwise set forth in this section, Client and Attorney agree to make a good faith effort to settle any dispute or claim that arises under this Agreement through discussions and negotiations and in compliance with applicable law.
In the event of a claim or dispute, either Party may request, in writing to the other Party, to refer the dispute to mediation. This request shall be made within thirty (30) calendar days of the action giving rise to the dispute. Upon receipt of a request for mediation, both Parties shall make a good faith effort to select a mediator and complete the mediation process within sixty (60) calendar days. The mediator’s fee shall be shared equally between Client and Attorney. Each Party shall bear its own attorney fees and costs. Whenever possible, any mediator selected shall have expertise in the area of the dispute and any selected mediator must be knowledgeable regarding the mediation process. No person shall serve as mediator in any dispute in which that person has any financial or personal interest in the outcome of the mediation. The mediator’s recommendation for settlement, if any, is non-binding on the Parties. Mediation pursuant to this provision shall be private and confidential. Only the Parties and their representatives may attend any mediation session. Other persons may attend only with the written permission of both Parties. All persons who attend any mediation session shall be bound by the confidentiality requirements of California Evidence Code section 1115, et seq., and shall sign an agreement to that effect. Completion of mediation shall be a condition precedent to arbitration, unless the other Party refuses to cooperate in the setting of mediation.
b. Dispute Regarding Fees. Any dispute as to attorney fees and/or costs charged under this Agreement shall to the extent required by law be resolved under the California Mandatory Fee Arbitration Act (Bus. & Prof. Code §§ 6200, et seq.). 14 Section 5, Item C.
4 c. Binding Arbitration. Except as otherwise set forth in section (b) above, Client and Attorney agree to submit all disputes to final and binding arbitration, either following mediation which fails to resolve all disputes or in lieu of mediation as may be agreed by the Parties in writing. Either Party may make a written request to the other for arbitration. If made in lieu of mediation, the request must be made within sixty (60) calendar days of the action giving rise to the dispute. If the request for arbitration is made following an unsuccessful attempt to mediate the Parties’ disputes, the request must be made within ten (10) calendar days of termination of the mediation. The Parties shall make a good faith attempt to select an arbitrator and complete the arbitration within ninety (90) calendar days. If there is no agreement on an arbitrator, the Parties shall use the Judicial Arbitration and Mediation Service (JAMS). The arbitrator’s qualifications must meet the criteria set forth above for a mediator, except, in addition, the arbitrator shall be an attorney or a retired judge, unless otherwise agreed by the Parties. The arbitrator’s fee shall be shared equally by both Parties. Each Party shall bear its own attorney fees and other costs. The arbitrator shall render a written decision and provide it to both Parties. The arbitrator may award any remedy or relief otherwise available in court and the decision shall set forth the reasons for the award. The arbitrator shall not have any authority to amend or modify this agreement. Any arbitration conducted pursuant to this paragraph shall be governed by California Code of Civil Procedure sections 1281, et seq. By signing this Agreement, Client acknowledges that this agreement to arbitrate results in a waiver of Client’s right to a court or jury trial for any fee dispute or malpractice claim. This also means that Client is giving up Client’s right to discovery and appeal. If Client later refuses to submit to arbitration after agreeing to do so, Client may be ordered to arbitrate pursuant to the provisions of California law.
Client acknowledges that before signing this Agreement and agreeing to binding arbitration, Client is entitled, and has been given a reasonable opportunity, to seek the advice of independent counsel.
d. Effect of Termination. The terms and conditions of this section shall survive the termination of the Agreement.
12. ENTIRE AGREEMENT. This Agreement with its Professional Rate Schedule attached supersedes any and all other prior or contemporaneous oral or written agreements between the Parties. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by the Parties.
13. SEVERABILITY. Should any provision of this Agreement be held by a court of competent jurisdiction to be invalid, void or unenforceable, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, then this Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the Parties; provided, however, that if the invalidity or unenforceability of any provision of this Agreement results in a material failure of consideration, then, to the extent allowed by law, the Party adversely affected thereby shall have the right in its sole discretion to terminate this Agreement upon providing written notice of such termination to the other Party. 15 Section 5, Item C.
5 14. NON-WAIVER. None of the provisions of this Agreement shall be considered waived by either Party unless such waiver is specified in writing.
15. NO THIRD PARTY RIGHTS. This Agreement shall not create any rights in, or inure to the benefit of, any third party.
16. ASSIGNMENT. The terms and conditions of this Agreement may not be assigned to any third party. Neither Party may assign any right of recovery under or related to the Agreement to any third party.
17. EXECUTION IN COUNTERPARTS; SIGNATURES. This Agreement may be executed in counterparts with signatures appearing on separate signature pages. A copy, or an original, with all signatures appended together shall be deemed a fully executed Agreement.
Signatures transmitted by facsimile or electronic image shall be deemed original signatures and binding on the Parties.
WHEREFORE, the Parties hereto, by their signatures below, enter into this Agreement pursuant to the above terms and conditions as of the Effective Date.
CLIENT SIGNATURE ATTORNEY SIGNATURE
City of Kerman Lozano Smith, LLP
BY (Authorized Signature) BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Karen M. Rezendes, Managing Partner
DATE EXECUTED DATE EXECUTED
02/20/2025
16 Section 5, Item C.
6 PROFESSIONAL RATE SCHEDULE
FOR CITY OF KERMAN
1. HOURLY PROFESSIONAL RATES
Client agrees to pay Attorney by the following standard hourly rate*:
Partner** / Senior Counsel / Of Counsel $ 295 - $ 395 per hour Associate $ 250 - $ 295 per hour
Paralegal / Law Clerk $ 185 - $ 225 per hour
Consultant $ 350 - $ 395 per hour
* Rates for individual attorneys within each category above vary based upon years of experience. Specific rates for each attorney are available upon request. ** Rates for work performed by Senior Partners with 20 years of experience or more may range from $395 - $450 per hour. 1
2. BILLING PRACTICE
Lozano Smith will provide a monthly, itemized Statement for services rendered. Time billed is broken into 1/10 (.10) hour increments, allowing for maximum efficiency in the use of attorney time. Invoices will clearly indicate the department or individuals for whom services were rendered.
Written responses to audit letter inquiries will be charged to Client on an hourly basis, with the minimum charge for such responses equaling .5 hours. Travel time shall be prorated if the assigned attorney travels for two or more clients on the same trip.
3. COSTS AND EXPENSES
In-office copying/electronic communication printing $ 0.25 per page Facsimile $ 0.25 per page
Postage Actual Usage
Mileage IRS Standard Rate
Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis.
1 Sale or Lease of Real Property Work:
Partner / Senior Counsel / Of Counsel $ 450 per hour
Associate $ 375 per hour
Paralegal / Law Clerk $ 225 per hour
17 Section 5, Item C.
STAFF REPORT
MEETING DATE: April 9, 2025
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Discussion on Teen Programs provided by the Parks, Recreation, and Community Services Department (TJ)
RECOMMENDATION: Informational
EXECUTIVE SUMMARY:
The Parks, Recreation, and Community Services Department offers programs and events for individuals aged 6 months to 99 years and older. Within this age range, we strive to provide programs such as Start Smart Sports to teach the fundamentals of gameplay and sportsmanship, as well as fitness classes for adults of all abilities, a theater program for young performers, and the Kerman Youth Commission for teens.
The Kerman Youth Commission is a teen-led commission with a mission focused on volunteerism, service, and effective change in the community. Participants gain leadership skills, help organize teen events, earn community service hours, and have a voice in their community. The Kerman Youth Commission collaborates with the Youth Leadership Institute/Friday Night Live and CalFresh Healthy Living.
Together, we have facilitated youth meetings, Lock-ins, dances, bi-annual Teen Summits, and the end-of-the-year Teen Fiesta. In March 2020, programs like these came to a halt as students transitioned to virtual learning, and Recreation departments across the country adopted a new approach to engaging with participants.
As we returned to normalcy and students returned to school, staff began collaborating with the Youth Leadership Institute to reinvigorate teen programs. Despite efforts, it has been challenging to relaunch programs and grow participation to pre-COVID-19 numbers. Teens are busy with school, sports, extracurricular activities, and jobs. Another competing factor is social media. Through platforms like Snapchat, TikTok, and Instagram, young people can engage in real-time from the comfort of their own homes.
Currently, the Recreation staff is hosting joint meetings between the Kerman Youth Commission and YLI to plan for the upcoming Teen Summit, scheduled for Saturday, April 19, at Kerman High School. On Friday, March 21, a Teen Night was held at the Community Center.
This free movie and game night event was planned in collaboration with the Youth Commission members. Planning for future programs and activities continues. 18 Section 7, Item A.
FISCAL IMPACT:
None
ATTACHMENTS:
None
19 Section 7, Item A.
STAFF REPORT
MEETING DATE: April 9, 2025
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Prospective Dog Park Locations (TJ)
RECOMMENDATION: Council hear a presentation from staff regarding prospective dog park locations in the City of Kerman, with possible direction to staff.
EXECUTIVE SUMMARY:
On February 18, 2025, resident Scott Bishop spoke during the Public Comment portion of the Parks, Recreation, and Community Services Commission meeting to express his interest in and need for a dog park in the City of Kerman. During the March 26, 2025, City Council meeting, he addressed the City Council during Public Comment to express the same request. The City Council had already initiated this agenda item at the February 26, 2025, meeting.
Since the February meeting, staff have been working with City Engineer Jesus Gonzalez to identify possible locations for future dog parks. Three locations were identified, two of which are developed City properties, and the third location is currently undeveloped and in a lease agreement with Generations Dairy. All locations are zoned as parks, and animals are permitted in these areas.
Location # 1 – retention basin located on South Vineland Avenue, north of California Avenue Location # 2 – retention basin located on the corner of South 6th Street and West Sunset Avenue Location #3 – property located on South Siskiyou Avenue, next to the VFW Building The developed locations are accessible through pedestrian gates; however, additional modifications will be needed to turn these locations into dog parks. These modifications would include minor fence alterations, the installation of trash receptacles, dog waste stations, benches, and an accessible, pet-friendly drinking fountain, as well as signage. The estimated cost for each location is $10,000 - $15,000
The undeveloped location would require additional modifications, including grading, the installation of irrigation, turf, fencing, and amenities such as trash receptacles, dog waste stations, benches, an accessible, pet-friendly drinking fountain, and signage. The City is also in its third year of a lease agreement with Generations Dairy, which farms this property for alfalfa that is harvested and delivered to their dairy, located 2 miles south of town. The city would need to amend the existing lease to carve out a portion for the development of a dog park. The estimated cost for this location is $50,000 to $100,000, plus the loss of lease revenue. 20 Section 7, Item B.
The addition of a new park would impact Parks Maintenance staff in both the Public Works and Parks and Recreation Departments. However, with the two existing locations, the impact on staff is minimal, as these locations are already part of the landscape rotation, and the litter removal would be incorporated into the existing park maintenance rotation.
FISCAL IMPACT:
The estimated fiscal impact ranges from $5,000 to $100,000, based on the council's direction, from the unallocated general reserve funds.
ATTACHMENTS:
A. Prospective Dog Park Locations Map
21 Section 7, Item B.
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Prospective Dog Park
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PROSPECTIVE DOG
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Attachment 'A'
22 Section 7, Item B.