“Provide a safe and reliable transportation network that serves all people and respects the environment” recommended and should include a safety analysis as described by the Caltrans Local Development Review (LDR) Safety Review Practitioners Guidance. A VMT analysis should also be included in the TIS per the Vehicle Miles Traveled-Focused, Transportation Impact Study Guide, dated May 20, 2020. The TIS scope should be submitted for review to Caltrans prior to the commencement of the study. If a local agency does not require a TIS, a safety analysis would need to be completed independently, at minimum a trip generation and trip distribution should be provided to identify intersections to be analyzed.
3. Alternative transportation policies should be applied to the development. An assessment of multi-modal facilities should be conducted to develop an integrated multi-modal transportation system to serve and help alleviate traffic congestion caused by the project and related development in this area of the City. The assessment should include the following:
a. Pedestrian walkways should link this Project to transit facilities, bicycle pathways and other walkways in the surrounding area.
b. Coordinating connections to local and regional bicycle pathways should be done to encourage further the use of bicycles for commuter and recreational purposes.
c. Transit service and bus stop accommodations should be extended to within ¼- mile of the Project site.
4. Caltrans recommends that the Project implement “smart growth” principles regarding parking solutions, providing alternative transportation choices to residents. Alternative transportation choices may include but are not limited to parking for carpools/vanpools, car-share and/or ride-share programs.
5. Based on Caltrans Vehicle Miles Traveled (VMT)-Focused Transportation Impact Study Guide, dated May 20, 2020, and effective as of July 1, 2020, Caltrans seeks to reduce single occupancy vehicle trips, provide a safe transportation system, reduce per capita VMT, increase accessibility to destinations via cycling, walking, carpooling, transit and reduce greenhouse gas (GHG) emissions. Caltrans recommends that the project proponent continue to work with the City to implement further improvements to reduce VMT and offer a variety of transportation modes for its employees.
If you have any other questions, please call or email: Keyomi Jones, Transportation Planner at (559) 981-7284 or [email protected].
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Mr. Manuel Campos– FRE-180-42.292-Gill Orchard Estates Project March 6, 2024
“Provide a safe and reliable transportation network that serves all people and respects the environment” Sincerely,
Mr. Dave Padilla, Branch Chief,
Transportation Planning – North
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“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 981-7284 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov
March 27, 2025
FRE-180-42.292
Gill Orchard Estates Project
GTS #: https://ld-igr-gts.dot.ca.gov/district/6/report/32046
SENT VIA EMAIL
Mr. Manuel Campos, Assistant Planner
City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
[email protected]
Dear Mr. Campos:
Caltrans has completed the review of the application which proposes Tentative Subdivision Map to construct 179 single-family lots (6.43 dwelling units per acre) on 27.85 acres of the site that range in size from 3,690 square feet (sq. ft.) to 6,729 sq. ft., in addition to four (4) out lots.
The project site is located on the southwest corner section of State Route (SR) 145 (North Madera Avenue) and West Nielsen Avenue, in Kerman, CA 93630.
The mission of Caltrans is to provide a safe and reliable transportation network that serves all people and respects the environment. The Local Development Review (LDR) process reviews land use projects and plans through the lenses of our mission and state planning priorities of infill, conservation, and travel‐efficient development. To ensure a safe and efficient transportation system, we encourage early consultation and coordination with local jurisdictions and project proponents on all development projects that utilize the multimodal transportation network.
Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:
1. The SR 145 / Harvest Elementary Road, Near Term plus Project intersection improvement to “Restripe the southbound right-turn lane to a southbound throughright lane along the Project’s frontage,” proposed by the TIA, is not recommended. 147
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Mr. Manuel Campos– FRE-180-42.292-Gill Orchard Estates Project March 27, 2025
“Provide a safe and reliable transportation network that serves all people and respects the environment” Given the high speeds along SR 145, the future presence of school children and other pedestrians, and the satisfaction of the peak hour signal warrant, improved intersection traffic control is recommended. The Intersection Safety and Operational Assessment Process (ISOAP) is required to evaluate proposed traffic control and design geometrics for intersections and other access improvements proposed on the State Highway System.
ISOAP refers to a data-driven, performance-based framework incorporating the Safe System Approach to screen intersection strategies and identify optimal solutions for new or improved intersections that considers all users.
2. Frontage improvements (lane configuration, shoulder, curb, gutter, sidewalk, roadway lighting, etc.) along this portion of State Route 145 should match the roadway proposed configuration directly to the south, to be completed by Caltrans oversight project 06-1E060 (Contact Caltrans Project Manager, Ilda Thanes, 559.944.7894).
3. The Caltrans Madera Avenue Capital Preventative Maintenance (CAPM) project includes this portion of State Route 145. Coordination with this project may be needed (Contact C0altrans Project Manager, Ronnie Kier 559.341.6971).
If you have any other questions, please call or email: Keyomi Jones, Transportation Planner at (559) 981-7284 or [email protected].
Sincerely,
Mr. Dave Padilla, Branch Chief,
Local Development Review Branch
CC: Matt Arndt, [email protected]
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1 Manuel Campos
From: Jonathon Kutka <[email protected]> Sent: Monday, April 8, 2024 12:46 PM
To: Jesus Orozco; Manuel Campos
Subject: Del Notre and Gill Orchard estates
Attachments: 403.002 - Fire Department Access.pdf
Good morning Jesus and Manuel,
Here are NCFPD notes from our meeƟng regarding Del Norte and Gill Orchard Estates pertaining too FD requirements.
These requirements apply to both sites.
AƩached are the NCFPD requirements per CFC and NCFPD Policy 403.002.
Buildings not meeƟng the criteria in Item 2 above will have a minimum of two (2) points of vehicle access. The second point of access can be an approved Emergency Vehicle Access as described below. Unusual designs may require addiƟonal access points and must receive prior approval by the Fire Marshal, or designee.
When two (2) points of access are required, they will be placed at a distance apart equal to or not less than one-half the length of the maximum diagonal dimension of the lot or area served, measured in a straight line between access points.
Unusual lot configuraƟons or other site restricƟons may be allowed by the Fire Marshal, or designee, subject to review and analysis of the access.
All types of fire apparatus access will have a minimum clear width of 20 feet and a verƟcal clearance of 13 feet, 6 inches over the enƟre length of the access.
Required fire access roads will be provided with an all-weather surface before delivery of combusƟble material on site, and will be maintained in service during all phases of construcƟon. AlternaƟve or phased fire access requires approval by the Fire Department. Failure to maintain fire access may result in a Stop Work Order unƟl access is restored.
Roadways less than 26-feet in width are NOT permiƩed to have parking on either side. Roadways greater than 26-feet but less than 35-feet may have parking on one side.
Policy 403.002 has several items, since this is just a pre-review, I aƩached our whole policy, but specifically took out certain secƟons from the meeƟng regarding both Del Norte and Gill Orchard estates.
Please let me know if you have any quesƟons.
Sincerely,
Jonathon Kutka
Battalion Chief
North Central Fire Protection District
15850 Kearney Blvd.
Kerman, CA 93630
Cell (559)785-7116
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Section 403.002 Fire Department Access Policy
FIRE PREVENTION MANUAL
Fire Department Access
EFFECTIVE DATE:
01/01/2019
APPROVED BY:
Timothy V. Henry
Fire Chief
REVISED DATE:
TBD
NUMBER:
403.002
PURPOSE
This policy has been established to provide direction for the requirements of the North Central Fire Protection District (District) for providing minimum fire department access to properties within the District.
APPLICATION
This policy applies to developers and licensed contractors completing construction projects within the District service areas.
OPERATIONAL POLICY
The purpose of fire department apparatus access is to allow emergency vehicles to approach a building as close as practical in order to deploy fire hose, ladders, and other equipment necessary for rescue and fire suppression.
District emergency vehicles are the longest, widest, tallest, and heaviest vehicles regularly driven on residential streets, private driveways, and alleys. The ability to manipulate and deploy Department apparatus is greatly affected by the dimensions and reliability of the access available.
Access, as defined in this policy, includes private streets and driveways not otherwise defined under City of Kerman or County of Fresno Public Works (PW) Standards for Streets.
A. General Fire Access Requirements:
1. All building openings will be accessible within 200 feet of a public street, private driveway, or other approved access.
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2. Buildings and exterior storage areas sited so that all building openings or exterior storage area perimeters are within 650 feet (450 feet driving distance plus 200 foot hose pull) of the property entrance drive may have a single point of access with approved turnarounds as needed complying with this policy.
3. Buildings not meeting the criteria in Item 2 above will have a minimum of two (2) points of vehicle access. The second point of access can be an approved Emergency Vehicle Access as described below. Unusual designs may require additional access points and must receive prior approval by the Fire Marshal, or designee.
4. When two (2) points of access are required, they will be placed at a distance apart equal to or not less than one-half the length of the maximum diagonal dimension of the lot or area served, measured in a straight line between access points. Unusual lot configurations or other site restrictions may be allowed by the Fire Marshal, or designee, subject to review and analysis of the access.
5. All types of fire apparatus access will have a minimum clear width of 20 feet and a vertical clearance of 13 feet, 6 inches over the entire length of the access.
6. Where gates are installed across fire access drives, the full open width of the drive aisle must be maintained clear of gate hardware. (See: Fire Prevention Manual, Section 403.004, Emergency Services Bypass Locks for Secured Access Developments, for information regarding emergency access bypass lock requirements).
7. Fire access drives separated by a median will have a minimum width of 15 feet on each side of the median.
8. All types of access will not exceed a ten (10) percent grade or contain any irregularity creating an angle of approach or departure in excess of ten (10) percent, except as approved by the Fire Marshal, or designee.
9. Required fire access roads will be provided with an all-weather surface before delivery of combustible material on site, and will be maintained in service during all phases of construction. Alternative or phased fire access requires approval by the Fire Department. Failure to maintain fire access may result in a Stop Work Order until access is restored.
10.Temporary gates installed during construction will be provided with Fire X1 padlocks; a padlock model is available with a red construction core for use by both the contractor and the District. The core will be changed out by the contractor upon completion of the project.
11.Non-traditional pavement systems such as turf pavers, grasscrete, etc., are not allowed for EVA approaches or access drives in the public way as required by the Public Works Department. Such alternate paving material used on private property is subject to approval by the Fire Marshal, or designee. The design of 161
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such system must be prepared by a Civil Engineer and submitted to the District Fire Prevention for plan review and installation permits. The path of such surfaces must be clearly edge delineated by an approved permanent method such as six (6”) inch concrete mow strips.
12.Vertical displacement traffic calming devices or pavements treatment are prohibited on both public and private streets (See: Fire Prevention Manual, Section 403.007, Vertical Displacement Traffic Calming Devices).
13.Regardless of parking configurations, a minimum clear drive aisle width of 20 feet is required. The Fire Marshal, or designee, may require increases in drive aisle width due to specific site issues and for aerial ladder truck access. (See:
Fire Prevention Manual, Section 403.005, Requirements for Marking Fire Lanes on Private Property).
B. Emergency Vehicle Access (EVA):
1. Gates, posts, or other barriers approved by the District will be installed at each entrance to emergency vehicle access points and when required by the Fire Marshal, or designee, where EVA driveways are needed for connection to the interior common access road system.
2. A Fire X-1 padlock will be installed on manually operated gates used solely for emergency vehicle access and may be used in conjunction with owner or utility services padlocks. The Fire Marshal, or designee, is authorized to require electric gate Click-to-Enter radio frequency gate operating hardware where EVA access is needed from freeways or other high speed traffic corridors.
3. Entrances to all emergency vehicle access points will be posted with permanent signs on both sides of the EVA entrance with the following wording: “FIRE LANE” in six-inch letters, “VEHICLES REMOVED AT OWNER’S EXPENSE” in two-inch letters, and display a telephone number the vehicle owner can call to recover their vehicle. (See: Fire Prevention Manual, Section 403.005, Requirements for Marking Fire Lanes on Private Property).
4. Where EVA access drives are not provided with gates or barriers at each entrance, the drive aisle curb or side of road will be marked with “FIRE LANE NO PARKING at 50 foot intervals. (See: Fire Prevention Manual, Section 403.005, Requirements for Marking Fire Lanes on Private Property).
5. Where access to an EVA is from a public or private street that is improved with a curb, a County of Fresno or City of Kerman Public Works Standard P-67 approach is acceptable. Use of a wedged or rolled curb for a driveway approach is not acceptable.
Where access to an EVA gate is from an adjacent parcel(s), a recorded access easement is required between all affected property owners and will be executed 162
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Section 403.002 Fire Department Access Policy
with the Planning entitlement through the Planning Division. (City of Kerman / County of Fresno) [Something missing here]
C. Turnarounds:
1. Buildings and exterior storage areas with a single point of access in excess of 150 feet in length are required to be provided with approved turnarounds.
Turnarounds will be located within 150 feet of the termination of the single entry road. Portions of the road requiring fire apparatus to back up will not include any turns or bends, except for the required turnarounds.
2. Intermediate turnarounds will be required for multiple points of access exceeding 700 feet in length.
3. All turnarounds will have a minimum 34 foot inside turning radius,” a minimum length and width of 90 X 24 and minimum clear approach drive width of 22 feet for a distance of 60 feet.
4. Turnarounds will be kept clear of all obstructions and marked as fire lanes on the perimeter curb or edge of the turnaround.
5. Turnaround areas cannot be incorporated into loading zones.
D. Aerial Fire Apparatus Access:
1. Where building roof eaves are more than 30 feet in height, as measured from the grade of the adjacent fire access road, 26-foot minimum wide driveways will be located directly adjacent to at least one long side of the building. The aerial fire apparatus access will extend at least 45 feet beyond each end of the building. This allows for access to the corners of the building and to accommodate a set up area outside of the potential building collapse zone.
Aerial fire apparatus access will comply with all access and turnaround requirements. For unusually shaped buildings without a rectangular or square building footprint, alternate locations of ladder truck access points may be considered by the Fire Marshal, or designee, and analyzed on case by case bases.
2. Aerial fire apparatus access (near edge) will be located a minimum 15 feet away from the building as measured to the edge of the fire access drive. The starting point maximum distance away from the building is 30 feet; however, a greater distance may be permitted depending on the upon the height to the eave or parapet and will be analyzed on a case by case basis during plan review.
3. Overhead utility and power lines, large trees, and other obstructions will not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building.
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4. Buildings designated as high-rise by the California Building Code (CBC) (where the highest occupied floor is located more than 75 feet in height from the grade level of an adjacent fire access road) have no specific aerial ladder truck access requirements.
E. Fire Hose and Equipment Walking Access to Building Openings:
Required walking access will be designed to prevent sharp turns and obstacles which would hinder the carrying of hoses, ground ladders and other hand-held equipment. The walking path requires an unobstructed 36 inch horizontal clearance and continuous seven foot vertical clearance. All gates across fire hose and equipment access points will be a minimum of four (4) feet clear width. Gates across required walking access paths will be provided with Fire X-1 padlock(s).
OPERATIONAL GUIDELINE
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PROCESS
This section left intentionally blank.
INFORMATION
This section left intentionally blank.
DEFINITIONS
1. Common Vehicle Access--Common vehicle access describes private streets, driveways, and alleys which connect with a public street and are required for emergency access as well as for access by the public.
2. Emergency Vehicle Access--Where adequate common vehicle access to buildings is not provided by public streets or private driveways, emergency access will be provided for the exclusive use of emergency services vehicles.
3. Fire Hose Pull and Equipment Walking Access--Fire hose pull and equipment access is an unobstructed walking path which provides continuous access connecting vehicular access to all building openings and exterior storage areas.
4. Aerial Fire Apparatus Access--Fire apparatus access located directly adjacent to the corners of multi-story buildings, positioned in such a way as to allow fire department aerial ladders to be raised to the lowest point of the roof eave (as defined in California Building Code (CBC), Section 702A Definitions). 164
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5. All Weather Access--Required fire apparatus access lanes will be provided year round and maintained during all phases of construction with an approved, allweather surface, capable of supporting 80,000-pound vehicles. An all-weather surface is composed of minimum four (4”) inch compacted base rock or gravel over compacted or undisturbed native soil or per approved engineering plans with a minimum of 24 feet of clear width or 20 feet minimum clear width if an approved method to prevent shoulder degradation is utilized.
CROSS-REFERENCES
California Building Code
Section 702A, Definitions
California Fire Code, Current edition
Fire Prevention Manual
Section 403.004, Emergency Services Bypass Locks for Secured Access Developments
Section 403.005, Requirements for Marking Fire Lanes on Private Property Section 403.007, Vertical Displacement Traffic Calming Devices 165
Section 7, Item C.
OFFICE MEMO
DATE: 04/04/2024
TO: Manuel Campos
FROM: Fresno County Transportation Planning
SUBJECT: Review of Gill Orchard Estates
PROJECT OVERVIEW:
TSM 2023-03 would facilitate the subdivision of the Project site into 179 single-family lots (6.43 dwelling units per acre) on 27.85 acres of the site that range in size from 3,690 square feet (sq. ft.) to 6,729 sq. ft., in addition to four (4) outlots. Outlot A, 6,862 sq. ft., and Outlot B, 5,040 sq. ft., are proposed along the south of the subdivision for landscaping purposes. Outlot C, 66,926 sq. ft., is proposed in the center of the subdivision as a stormwater basin and open space. Outlot D, 2,194 sq. ft., is proposed as a 25-foot wide trail/open space. The Project also proposes an internal network of local streets and sidewalks with one (1) point of ingress/egress to Nielsen Avenue, one (1) point of ingress/egress to the northern property (APN 020-120-11), two (2) points of ingress/egress to the west, and one (1) point of ingress/egress to the south of the Project site. TPM 2024-01 would split the Project site into two (2) parcels with one (1) remainder parcel, including a 2.39-acre portion on the northwest corner with an existing single-family residence as a remainder parcel, a 27.85-acre parcel of the center portion that would accommodate TSM 2023-03, and an 8.9-acre parcel on the east portion of APN 020-120-06 with no development proposed at this time. Please see Attachments ‘A’ and ‘B’ to view TSM 2023-03 and TPM 2024-01.
Table A: ITE Trip Generation (210 Single Family Attached homes) Land Use/Project Dwelling Units Weekday A.M. Peak Hour P.M. Peak Hour Rate Total Rate Total Rate Total
Gill Orchard Estates 179 9.43 1688 .75 134 .99 177
Total Net New Project
Trips +1688 +134 +177
COMMENTS/ MITIGATION:
This project will impact county facilities and should require a TIS, please include the county in all future routings best point of contact is [email protected]. Using ITE trip Generation Manual (11th Edition) trips are calculated to be over the county's threshold.
A Vehicle Miles Traveled (VMT) analysis should also be prepared for the proposed development.
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If you have any further questions regarding this matter, please contact Brody Hines at [email protected]
Sincerely,
Brody Hines
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Fresno Local Agency Formation Commission
LAFCo Office: 1401 Fulton Street, Suite 900, Fresno, CA 93721 Phone (559) 600-0604
April 9, 2024
Manuel Campos
Assistant Planner
City of Kerman
Dear Mr. Manuel Campos:
Subject: Comments Regarding Concurrent Applications: Annexation (ANX 2023-03), Pre-zone (REZ 2023-03), Tentative Subdivision Map (TSM 2023-03) & Tentative Parcel Map (TPM 2024-01), General Plan Amendment (GPA 2023-02), and CEQA (ENV 2023- 04).
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 2023-03) is a request to approve the annexation of approximately 40 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 2023-03) pertains to the pre-zoning of the proposed project. Currently the project has County zonings of Limited Agricultural (AL-20) and Exclusive Agricultural (AE20). The project will amend the County zoning to the City of Kerman zoning districts of Smart Development Residential (SDR-3.5), Rural Residential (RR), and Mixed Use (MU); General Plan Amendment (GPA 2023-02) pertains to changing the land use designation for APN: 020-120-06 and APN: 020-120-03S. The General Plan Amendment will be processed concurrently with the Pre-zone and Annexation process; CEQA (ENV 2023-04) pertains to an initial study and a technical study/analysis being prepared for the project consistent with CEQA guidelines; and Tentative Subdivision Map (TSM 2023-03) & Tentative Parcel Map (TPM 2024-01) pertains to the subdivision of land and proposed network of local streets and sidewalks exhibited in Attachments A and B. The proposed project will include a tentative subdivision map encompassing 179 single-family residential units and four outlots to be considered.
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;
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 170
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Manuel Campos
City of Kerman
ANX 2023-03
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 to 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 21-40 acres is $9,600.
The city may send notice 56654(c) to the interested and affected agencies if the annexation is 100 percent uninhabited to reduce the project timeline.
If the proposal results in the annexation of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7, commencing with Section 51200 of Division 1), then the petition and/or resolution for reorganization request shall state whether the city shall succeed to the contract pursuant to Section 51243 or whether the city intends to exercise its option to not succeed to the contract pursuant to Section 51243.5.
Annexation of full rights of way contiguous to parcel boundaries should be presumed in the reorganization’s legal description and map.
LAFCo is available to attend any community outreach meetings should the need arise.
Thank you for the opportunity to provide comments. If you have any questions, please contact me at (559) 600-0604.
Sincerely,
Jessica Gibson
LAFCo Analyst II
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1 Jerry Jones
From: Jay Fowler <[email protected]>
Sent: Saturday, February 24, 2024 10:36 AM
To: Manuel Campos; [email protected]; Theresa Johnson; Michael Barajas; [email protected]; [email protected]; Spaunhurst, Brian; Lara, Juan; Jenna Chilingerian; Jonathon Kutka; Padilla, Dave@DOT Subject: RE: City of Kerman Project Distribution - Gill Orchard Estates Hello
For solid waste services, each SF unit will require 3 carts. Presume these would be in the garage or elsewhere on the property until service day.
Regarding the width of the street. Its adequate for our trucks to operate. One concern is street parking, these high density homes make navigating the collections difficult and risky. Any chance of street parking restrictions on the day of service?
Thank you,
Jay
“Service, Education,
Involvement, Integrity”
Jay Fowler| District Manager
15300 W Jensen Ave, Kerman, CA 93630
Email: [email protected]
Office: (559) 567-0615
From: Manuel Campos <[email protected]>
Sent: Friday, February 23, 2024 4:03 PM
To: [email protected]; Theresa Johnson <[email protected]>; Jesus Gonzalez <[email protected]>; Michael Barajas <[email protected]>; [email protected]; engr[email protected]; Jodi Ward <[email protected]>; Rhonda Armstrong- Sebastian <[email protected]>; [email protected]; Jennifer Sagariballa <[email protected]>; Jay Fowler <[email protected]>; [email protected]; CEQA - SJVAPCB-valley air-CEQA permitreview <[email protected]>; Cecilia Belmontes <[email protected]>; Wil Barcoma (FCLE) <[email protected]>; [email protected]; [email protected]; Spaunhurst, Brian <[email protected]>; Lara, Juan <[email protected]>; Bonique Emerson <[email protected]>; Jenna Chilingerian <[email protected]>; Jonathon Kutka <[email protected]>; Steve Wilkins (FCLE) <[email protected]>; Isla, Nicholas@DOT <[email protected]>; Padilla, Dave@DOT <[email protected]>; Munique Cubillos (FCLE) <[email protected]> Subject: City of Kerman Project Distribution - Gill Orchard Estates 172
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2 Dear Stakeholder,
Please find attached a summary of a Development Application for a project referred to as Gill Orchard Estates located approximately 2,000’ from the northwest corner of W. Whitesbridge Rd. and Madera Ave. in Kerman, CA 93630.
Please provide comments or questions on or before March 22, 2024.
An Initial Study compliant with CEQA guidelines will be distributed for public review and comments separately.
Stakeholders List
• City of Kerman (internal depts.)
• North Central Fire Prevention District
• Kerman Unified School District
• Mid Valley Disposal
• Fresno Irrigation District
• Fresno County Public Works/Planning
• Fresno LAFCo
• Sebastian Corp
• Caltrans District 6
• SJVAPCD
• PG&E
Respectfully,
Manuel Campos | Assistant Planner
City of Kerman | Community Development Department
p. (559) 846.9384 ext. 316 | f. (559) 846.6199
850 S. Madera Ave. Kerman, CA 93630
[email protected]
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Plan Review Team
Land Management
[email protected]
PG&E Gas and Electric Facilities Page 1
Public
March 19, 2024
Manuel Campos
City of Kerman
850 S Madera Avenue
Kerman, CA 93630
Re: Gill Orchard Estates Tentative Tract Map No. 6465
Dear Manuel:
Thank you for giving us the opportunity to review the proposed Gill Orchard Estates Tentative Tract Map No. 6465. 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,
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PG&E Gas and Electric Facilities Page 2
Public
Justin Newell
Land Management
916-594-4068
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March 26, 2024
Manuel Campos
City of Kerman
Community Development Department
850 S. Madera Avenue
Kerman, CA 93630
Project: Development Application for Gill Orchard Estates District CEQA Reference No: 20240236
Dear Mr. Campos:
The San Joaquin Valley Air Pollution Control District (District) has reviewed the project documentation from the City of Kerman (City) for the Gill Orchard Estates project. Per the project documentation, the project consists of the annexation of 40 acres of land, general plan amendments and pre-zoning of several parcels to facilitate the development of approximately 179 single family residential lots and potential future commercial development on 27.85 acres (Project). The Project is located 15319 W.
Nielsen Avenue in Kerman, CA.
The District offers the following comments at this time 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, and 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 significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts: https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
The District recommends that a more detailed preliminary review of the Project be conducted for the Project’s construction and operational emissions. 176
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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.
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://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
Recommended Mitigation Measure: At a minimum, project related impacts on air quality should be reduced to levels below the District’s significance thresholds 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 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 177
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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. Please contact the District for assistance with performing a Prioritization analysis.
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.
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.
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:
https://ww2.valleyair.org/permitting/ceqa/.
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.
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.
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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 to prevent the creation of a significant health risk 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/resource-center/strategydevelopment/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 AAQA uses air dispersion modeling to determine if emission increase from a project will cause or contribute to a violation of State or National Ambien Air Quality Standards. An acceptable analysis would include emissions from both projectspecific 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:
https://ww2.valleyair.org/permitting/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.
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. 179
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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.
Under-fired Charbroilers
The future commercial development projects have the potential to occupy restaurants with under-fired charbroilers. Such charbroilers may pose the potential for immediate health risk, particularly when located in densely populated areas or near sensitive receptors.
Since the cooking of meat can release carcinogenic PM2.5 species, such as polycyclic aromatic hydrocarbons, controlling emissions from new under-fired charbroilers will have a substantial positive impact on public health. The air quality impacts on neighborhoods near restaurants with under-fired charbroilers can be significant on days when meteorological conditions are stable, when dispersion is limited and emissions are trapped near the surface within the surrounding neighborhoods. This potential for neighborhood-level concentration of emissions during evening or multi-day stagnation events raises air quality concerns.
Furthermore, reducing commercial charbroiling emissions is essential to achieving attainment of multiple federal PM2.5 standards. Therefore, the District recommends that the environmental review include a measure requiring the assessment and potential installation, as technologically feasible, of particulate matter emission control systems for new large restaurants operating under-fired charbroilers.
The District is available to assist the City and project proponents with this assessment. Additionally, the District is currently offering substantial incentive funding that covers the full cost of purchasing, installing, and maintaining the system during a demonstration period covering two years of operation. 180
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Please contact the District at (559) 230-5800 or [email protected] for more information, or visit: https://ww2.valleyair.org/grants/restaurant-charbroilertechnology-partnership/ Vegetative Barriers and Urban Greening
There are residential units and Kerman High School located south 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.
Clean Lawn and Garden Equipment in the Community
Since the Project consists of commercial and residential development, gas-powered commercial and residential 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:
https://ww2.valleyair.org/grants/clean-green-yard-machines-residential/ and https://ww2.valleyair.org/grants/zero-emission-landscaping-equipment-voucherprogram/.
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 181
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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: https://ww2.valleyair.org/rules-and-planning/current-district-rulesand-regulations. 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 receive a projectlevel discretionary approval from a public agency and will equal or exceed 9,000 square feet of space.
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.
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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 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:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview The AIA application form can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/formsand-applications/ 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: https://ww2.valleyair.org/compliance/demolitionrenovation/ 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:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.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, 183
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specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
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://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx Information about District Regulation VIII can be found online at:
https://ww2.valleyair.org/dustcontrol
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:
https://ww2.valleyair.org/compliance/residential-wood-smoke-reductionprogram/ 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).
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District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.
If you have any questions or require further information, please contact Matt Crow by email at [email protected] or by phone at (559) 230-5931.
Sincerely,
Tom Jordan
Director of Policy and Government Affairs
For: Mark Montelongo
Program Manager
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RESOLUTION NO. 25-79
A RESOLUTION OF THE CITY COUNCIL (1) ADOPTING THE FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15091; (2) CERTIFYING THE MITIGATED NEGATIVE DECLARATION (SCH NO. 2025060904); (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; AND (4) APPROVING GENERAL PLAN AMENDMENT 2023-02 TO AMEND THE 2040 KERMAN GENERAL PLAN PLANNED LAND USE DESIGNATIONS FOR ASSESSOR’S PARCEL NUMBER (APN) 020-120-06 TO MU – MIXED USE AND MDR – MEDIUM DENSITY RESIDENTIAL (SOUTHWEST CORNER OF
WEST NIELSEN AVENUE AND NORTH MADERA AVENUE)
WHEREAS, State Law requires that local agencies adopt General Plans containing specific mandatory elements; and
WHEREAS, the City of Kerman has adopted a Comprehensive General Plan Update and Environmental Impact Report in July 2020, and the City of Kerman is currently in compliance with State mandates relative to Elements of the General Plan; and WHEREAS, State law also provides for periodic review, updates, and amendments of its various plans; and
WHEREAS, an application was filed by Lifetime Communities, pertaining to two (2) parcels (APNs 020-120-06 and 020-120-03S) consisting of approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue (State Route 145) and North Del Norte Avenue (“project site”), requesting to amend the 2040 Kerman General Plan through General Plan Amendment 2023-02; and
WHEREAS, the project site has a City of Kerman 2040 General Plan land use designation of MDR – Medium Density Residential (± 30.19 acres) and GC – General Commercial (± 9.64 acres); and
WHEREAS, General Plan Amendment 2023-02 requests to increase land designated MDR – Medium Density Residential from 30.19 acres to 30.39 acres, remove GC – General Commercial, and increase MU – Mixed Use from zero acres to 8.74 acres, representing an increase in acreages of MDR and MU land use designations and decrease in acreage of the GC land use designation as shown in Exhibit ‘1’; and
WHEREAS, approval of the project would also require approval of General Plan Amendment 2023-02, Rezone 2023-03, Tentative Parcel Map 2024-01, Tentative Subdivision Map 2023-03, and Annexation 2023-03; and
WHEREAS, the proposed General Plan Amendment will be consistent with the General Plan and the underlying zoning district, as proposed by Rezone 2023-03; and 211
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WHEREAS, the General Plan Amendment is not expected to be detrimental to the health, safety and welfare of the city; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City of Kerman (“City”) as the Lead Agency, has analyzed the proposed Project (inclusive of the two parcels to be annexed), including the General Plan Amendment, Rezone, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2024060904) (“IS/MND”) to evaluate the project; and
WHEREAS, in compliance with CEQA Section 21080.4, a Notice of Intent (“NOI”) was prepared by the City and distributed for public comment to the State Clearinghouse, responsible agencies, and other interested parties for a 20-day public review and comment period commencing on June 18, 2025 and ending on July 9, 2025; and, WHEREAS, the Draft IS/MND was circulated for a 20-day public review and comment period commencing on June 18, 2025 to July 9, 2025, and a copy of the Draft IS/MND was circulated through the State Clearinghouse, posted on the City’s website, and was available at City Hall; and
WHEREAS, the public review period for the Draft IS/MND ended on July 9, 2025; and WHEREAS, a Final IS/MND was prepared for the proposed Project consistent with CEQA Guidelines Section 15070(b) which addressed comments received on the Draft, as well as any appropriate revisions and clarifications to the Draft IS/MND; and WHEREAS, 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 September 22, 2025, and adopted a resolution with a recommendation to the City Council to approve General Plan Amendment 2023-02 and certify the IS/MND; and
WHEREAS, with all requirements having been met, the City Council now desires to approve General Plan Amendment 2023-02 and certify the IS/MND.
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. IS/MND Contents. The IS/MND consists of the following, hereafter collectively referred to as the “IS/MND”.
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a. The IS/MND including any attached appendices.
b. The Notice of Intent and comments received in response to the notice. c. The Mitigation Monitoring and Reporting Program.
d. The Notice of Completion of the IS/MND for public review. e. Any other information added by the Lead Agency.
3. Certification of Compliance with CEQA. The City Council does hereby find that the IS/MND, including the Mitigation Monitoring and Reporting Program, has been prepared in accordance with the requirements of CEQA and the CEQA Guidelines.
4. IS/MND Certification. The City Council does hereby approve, certify, and adopt the following. a. Certify the Initial Study and Mitigated Negative Declaration. The City Council hereby certifies that 1) the IS/MND has been completed in compliance with CEQA, 2) that it has reviewed and considered the information contained in the IS/MND prior to approving the project, and 3) that the IS/MND reflects the City Council’s independent judgment and analysis.
b. Find Feasible and Binding Effect of Mitigation Monitoring and Reporting Program. The City Council hereby finds that the mitigation measures described and specifically identified in the above referenced documents are feasible and shall become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the particular mitigation measures as identified in the Mitigation Monitoring and Reporting Program.
c. Adopt Mitigation Monitoring and Reporting Program. As required by applicable State law, the City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit ‘3’ of this Resolution. The City Council finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program.
5. Custodian of Records. The City Clerk is recommended as the designated custodian of records for documents comprising the record of the proceedings upon which its decision is based.
These documents are maintained at City Hall, located at 850 S. Madera Ave. Kerman, CA, 93630.
6. General Plan Consistency: The City Council finds that the public necessity, general welfare, good planning practices, public interest, and convenience warrant approval of General Plan Amendment 2023-02, including the following:
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a. The change is consistent with the General Plan goals and policies. The project site is currently planned for residential and commercial uses. The project requests an amendment to the General Plan and Zoning Map to increase the acreage of land designated for medium density residential use, remove the acreage of land designated for commercial, and increase the acreage of land designated for mixed use. The project would facilitate future residential and commercial development within an area with existing and planned residential, commercial, recreational, and public institutional uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the project as proposed is consistent with General Plan Policies LU-1.4 (Limit Residential Development Along Highways), LU-1.6 (Agricultural Buffers), LU-3.2 (Urban Form), LU3.3 (Prevent Sprawl Development), LU-3.4 (Leapfrog Development) LU-4.5 (Right-toFarm Disclosure), and LU-5.4 (New Incompatible Land Uses). Therefore, the change is consistent with the General Plan goals and policies.
b. The change is consistent with the purpose of the Zoning Ordinance to preserve and promote the public health, safety and welfare of the city and to facilitate growth and expansion of the city in a precise and orderly manner. The project is currently planned for residential and commercial uses. The project requests an amendment to the General Plan to increase the acreage of land designated for medium density and mixed-use uses, which requires removal of the acreage of land designated for commercial uses. A rezone is also proposed to pre-zone the parcels to be annexed and rezone them to zoning districts consistent with the proposed land use designations.
The proposed zoning districts are identified as compatible zoning districts for the proposed land use designations as shown in the General Plan. Future development proposed on the project site would be subject to compliance with the applicable standards and requirements of the Zoning Ordinance, standards which were adopted by the City to ensure preservation and promotion of public health, safety and welfare of the city and to facilitate growth and expansion of the city in a precise and orderly manner. Further, the project has been reviewed by the various City departments and evaluated for conformity with the requirements of the Zoning Ordinance. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the project as proposed is consistent with the purpose of the Zoning Ordinance.
c. There will not be significant effects upon the quality of the environment and natural resources. Pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed project, including the Rezone, General Plan Amendment, and 214
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Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2024031008) to evaluate the proposed Project. It was determined that all impacts were either less than significant or could be mitigated to a less than significant level.
7. Approval of General Plan Amendment 2023-02. Given that all the findings can be made, the City Council adopts a resolution to amend the Kerman General Plan land use designations for the parcel identified as Assessor’s Parcel Number (APN) 020-120-06, resulting in an increase in land designed MDR – Medium density Residential from 30.19 acres to 30.39 acres, remove GC – General Commercial, and increase MU – Mixed Use from zero acres to 8.74 acres, representing an increase in acreages of MDR and MU land use designations and decrease in acreage of the GC land use designation located on the south side of West Nielsen Avenue between North Madera Avenue (State Route 145) and North Del Norte Avenue (General Plan Amendment 2023-02) as set forth in Exhibit ‘1’.
8. Effective Date of Resolution. This Resolution shall become effective immediately. The City Clerk shall certify to the adoption of the Resolution and shall transmit copies of the same to the City Council of the City of Kerman.
The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting on the 22nd day of October 2025, by the following vote:
AYES: Dhaliwal, Hall, Yep
NOES: None
ABSTAIN: Pacheco
ABSENT: Herrera
The foregoing resolution is hereby approved.
Maria Pacheco
Mayor
ATTEST:
_________________________
Marisol Camacho
Deputy Clerk
Exhibit ‘1’: General Plan Amendment 2023-02
Exhibit ‘2’: Initial Study and Mitigated Negative Declaration Exhibit ‘3’: Mitigation Monitoring and Reporting Program 215
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Exhibit ‘1’
General Plan Amendment 2023-02
Prior General Plan Land Use Designation New General Plan Land Use Designation
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Exhibit ‘2’
Initial Study and Mitigated Negative Declaration
The Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) 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/PlanningProjects, and is available at the City Clerk’s office at 850 S. Madera Avenue, Kerman, CA 93630.
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Exhibit ‘3’
Mitigation Monitoring and Reporting Program
State law requires that the City of Kerman (Lead Agency) adopt a monitoring program for mitigation measures that have been incorporated into the approved project to reduce or avoid significant effects on the environment. The purpose of the monitoring program is to ensure compliance with environmental mitigation during project implementation and operation. Since there are potentially significant impacts requiring mitigation associated with The Orchards at Gill Estates Project, a Mitigation Monitoring Program is included herein on the following pages.
218
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
Agricultural and Forestry Resources
AG-1: Reduce Conflicts Between Urban and Agricultural Uses. In order to reduce potential conflicts between urban and agricultural uses, the following measures shall be implemented:
1. Potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase / lease of property within the development. Notification shall be provided by the project proponent to the potential resident. Notification shall occur at the time of each property sale or lease
agreement, as demonstrated through disclosure statements included in the purchase agreements or lease documents, with a signed acknowledgement by the buyer/lessee. Verification that this notification process has been consistently
implemented shall be provided by the project proponent to the City of Kerman Community Development Department prior to the approval of occupancy for each property.
2. A Right-to-Farm Covenant shall be recorded on each parcel map and residential tract map or be made a condition of each tract map or parcel map to protect continued agricultural practices in the area. The City of Kerman Community
Development Department shall be responsible for requiring the condition as part of the tentative map approval. The project proponent shall be responsible for ensuring the covenant is recorded. Verification of recording shall occur by the City of Kerman Community Development Department prior to the final map approval.
1. Project
Proponent
2. City of
Kerman
Community
Development
Department
(Conditions
of approval)
and Project
Proponent
(Recordation)
3. Project
Proponent
1. Prior to
occupancy
approval for
each unit
2. Prior to
final map
approval
3. Prior to
occupancy
approval for
each unit
City of
Kerman
Community
Development
Department
219
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
3. Potential residents and commercial tenants shall be informed of the Right-to-Farm Covenant at the time of purchase / lease of property within the development. Notification shall be provided by the project proponent to the potential resident.
Verification shall occur at the time of each property sale or lease agreement, as demonstrated through disclosure
statements included in the purchase agreements or lease documents, with a signed acknowledgement by the
buyer/lessee. Verification that this notification process has been consistently implemented shall be provided by the
project proponent to the City of Kerman Community
Development Department prior to the approval of occupancy.
Biological Resources
BIO-1: San Joaquin kit fox Avoidance. The following measures shall be implemented 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. A description of the measures shall be included in the construction plans submitted to the City of Kerman Community Development Department by the project proponent during the building permit process for each phase of construction. Incorporation of measures shall be verified by the City of Kerman Community Development Department prior to issuance of building permits for each phase.
Project
Proponent
Prior to
issuance of
grading or
building
permits
City of
Kerman
Community
Development
Department
220
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
1. Prior to Construction: Prepare and conduct an employee education program prior to the start of construction. The program shall 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 shall 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 shall be prepared for distribution to the previously referenced people and anyone else who may enter the Project site.
2. Avoidance and Minimization Measures During
Construction: The following measures shall be included within the worker education program and in any Project specification and contract.
a. Project-related vehicles shall 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 shall occur, given the species is primarily nocturnal.
b. 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 shall be 221
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
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 shall 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.
c. 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 shall 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 shall 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.
d. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from a
construction or Project site.
e. No firearms shall be allowed on the Project site.
f. No pets, such as dogs or cats, shall be permitted on the Project site to prevent harassment, mortality of kit foxes, or destruction of dens.
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Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
g. The use of rodenticides and herbicides in Project areas shall 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 shall 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 shall be used because of a proven lower risk to kit fox.
h. 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. i. Upon completion of the Project, all areas subject to temporary ground disturbances, including storage and staging areas, temporary roads, etc., shall be re-contoured if necessary and revegetated, if possible, to promote restoration of the area to pre-Project conditions.
j. 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.
k. The Sacramento Fish and Wildlife Office and CDFG shall be notified in writing within three working days of the accidental 223
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
death or injury to a San Joaquin kit fox during Project-related activities. Notification must include the date, time, and location of the incident or the finding of a dead or injured animal and any other pertinent information.
l. 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 shall also be provided to the U.S. Fish and Wildlife Service.
Cultural Resources
CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented in conjunction with the construction of each phase of the Project:
If previously unknown historical, archeological, cultural, or paleontological resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified archeologist, historical resources specialist, or paleontologist, shall be consulted to determine whether the resource requires further study. Notification of discovery shall be provided to the City of Kerman Community Development Department.
The qualified archeologist, historical resources specialist, or paleontologist shall make recommendations to the project proponent on the measures that shall be implemented to protect the discovered Project
Proponent
During
constructio
n activities
for all
phases
City of
Kerman
Community
Development
Department
224
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and City’s policies and procedures related to historical, cultural, and paleontological resources. Notification of the measures shall be provided to the City of Kerman Community Development Department.
If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the project proponent, who shall notify the City of Kerman Community Development Department. Appropriate measures for significant resources could include avoidance or capping, preservation in-place, recordation, additional archeological resting, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the City of Kerman Community Development Department approves the measures to protect these resources. Any historical, archeological, cultural, or paleontological artifacts recovered as a result of mitigation shall be provided to a City‐approved institution or person who is capable of providing long‐term preservation to allow future scientific study.
Geology and Soils
See Mitigation Measure CUL-1. Project
Proponent
During
constructio
n activities
City of
Kerman
Community
225
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
for all
phases
Development
Department
Greenhouse Gas Emissions
GHG-1 Prior to the approval of building permits, in order to meet with all project attributes in the 2022 Scoping Plan greenhouse gas emission thresholds, the project proponent shall present documentation to the satisfaction of the City of Kerman Community Development Department that each residential unit shall provide electric vehicle charging capabilities that meet the requirements of the latest version of the California Green Building Standards Code (CALGreen) Tier 2 Voluntary Standards as part of the final project designs.
Project
Proponent
Prior to
issuance of
building
permits for all
phases
City of Kerman
Community
Development
Department
Hazards and Hazardous Materials
HAZ-1 Asbestos Survey. Prior to the demolition or renovation of any existing structure on site, an Asbestos Survey shall be conducted to determine the quantity of asbestos-containing construction material to be removed in the Project. As regulated by National Emission Standards for Hazardous Air Pollutants (NESHAP), the inspection must be conducted by a Cal-OSHA Certified Asbestos Consultant (CAC). The Asbestos Survey report shall be submitted to the City of Kerman Community Development Department for review and
approval. Alternatively, if the developer is opting to treat all of the material as RACM and will notify as such, the survey may be bypassed.
A completed and signed Asbestos Notification Form must be submitted to the San Joaquin Valley Air Pollution Control District (SJVAPCD) 10 working days prior to the commencement of any Project
Proponent
Prior to
issuance of
demolition
permits
City of Kerman
Community
Development
Department
226
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
regulated asbestos (RACM) abatement. If it is determined that there are asbestos-containing materials or soils on site, the developer shall utilize specialists/professionals for asbestos removal/abatement to reduce potential health risks to construction workers. Demolition activities that would expose construction workers and/or the public to asbestos-containing materials shall be conducted in accordance with the applicable regulations, including, but not limited to:
• San Joaquin Valley Air Pollution Control District
• California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) • California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead])
Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]) HAZ-2 Lead-Based Paint Inspection. Prior to the demolition of any existing structure on site, a lead-based paint inspection is required to determine whether the lead-based paint is present in or on the original building materials. The inspection shall be conducted on-site by a state-certified Lead Inspector or Assessor in accordance with the California Code of Regulations, Title 8, Section 1532.1. The investigation report shall be submitted to the City of Kerman Community Development Department for review and approval prior to issuance of a demolition permit.
If it is determined that lead-based paint exists on site, the project proponent shall utilize professionals for lead-based paint removal to reduce potential health risks to construction workers and/or the Project
Proponent
Prior to
approval of
demolition
permits
City of Kerman
Community
Development
Department
227
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
public. Pursuant Section 1532.1, construction workers must establish and implement a compliance program, and provide a written Pre-Job Notification to the nearest Division of Occupational Safety and Health Cal/OSHA office 24 hours before the start of a project.
HAZ-3 Test for Agricultural Pesticides. Prior to building permit approval for the first construction phase, 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. If the Phase II testing reveals concentrations of organochlorine pesticides and lead arsenic above health-based screening levels for residential exposure, remediation of the site shall be required to address residual organochlorine and lead arsenate pesticides above health-based level of concern.
Remediation may include excavation and disposal of impacted soil or capping elevated areas beneath paved areas. The Construction Contractor shall implement the recommendations outlined in the Phase II.
Project
Proponent
Prior to
building
permit
approval for
the first
construction
phase
City of Kerman
Community
Development
Department
Noise
228
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
NOI-1: To ensure that exterior noise levels at future residential and other noise-sensitive land uses within the project site do not exceed an Ldn of 60 dB due to transportation noise from adjacent roadways (N. Madera Avenue, W. Nielsen Avenue, and Harvest Elementary Road), the following noise attenuation measures shall be incorporated into the project design and implemented during construction. These measures shall be clearly depicted on the project's site, grading, landscape, building, and other required plans and are subject to review and approval by the City of Kerman Community Development Department prior to issuance of building permits.
The project shall implement one or a combination of the following noise mitigation strategies to achieve the 60 dB Ldn noise contour within the project boundaries, consistent with the following existing noise contours:
• N. Madera Avenue: The 60 dB Ldn contour extends
approximately 121 feet from the roadway centerline.
• W. Nielsen Avenue: The 60 dB Ldn contour extends
approximately 5 feet from the roadway centerline.
• Harvest Elementary Road: The 60 dB Ldn contour extends approximately 42 feet from the roadway centerline.
1. Building Setbacks: All proposed residential structures and other noise-sensitive uses shall be setback from the centerlines of the adjacent roadways by a distance sufficient to ensure that exterior noise levels do not exceed 60 dB Ldn. This shall be demonstrated through the project's site, grading, landscape, building, and other Project
Proponent
Prior to
issuance of
building
permits
City of
Kerman
Community
Development
Department
229
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
required plans and are subject to review and approval by the City of Kerman Community Development Department prior to issuance of building permits. The minimum setbacks shall be no less than:
• N. Madera Avenue: 121 feet from the roadway centerline, unless an alternative noise mitigation measure (Sound Wall) is implemented to achieve the 60 dB Ldn at a lesser setback. • W. Nielsen Avenue: 5 feet from the roadway centerline, unless an alternative noise mitigation measure (Sound Wall) is implemented to achieve the 60 dB Ldn at a lesser setback. • Harvest Elementary Road: 42 feet from the roadway
centerline, unless an alternative noise mitigation measure (Sound Wall) is implemented to achieve the 60 dB Ldn at a lesser setback.
Sound Walls: Where sufficient building setbacks alone are not feasible to achieve the 60 dB Ldn at outdoor activity areas or building facades of noise-sensitive uses, a continuous, solid sound wall with a minimum height of six (6) feet above the finished project site grade shall be constructed along the project boundary adjacent to the applicable roadway(s). This shall be demonstrated through the project's site, grading, landscape, building, and other required plans and are subject to review and approval by the City of Kerman Community Development Department prior to issuance of building permits.
Mitigation Measure NOI-2: To mitigate potential noise impacts from future stationary noise sources on existing or proposed noiseProject Proponent Prior to
issuance of
City of
Kerman
Community
230
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
sensitive receptors within or adjacent to the Project site, the following measures shall be implemented:
1. Trigger for Acoustical Analysis: Prior to the issuance of a building permit for any proposed commercial use that is reasonably anticipated to generate significant stationary noise (including, but not limited to, HVAC systems, loading docks, outdoor processing equipment, amplified sound, or other potentially loud operations) and is located within the following distances of an existing or proposed noise-sensitive receptor (e.g., residential dwellings, schools, hospitals, parks, libraries), the project proponent shall be required to prepare an acoustical analysis prepared by a qualified acoustical consultant.
a. HVAC Mechanical Equipment: when equipment is within
50 feet of an existing or proposed noise-sensitive receptor. b. Truck Movements: when truck access routes are located within 100 feet of an existing or proposed noise-sensitive receptor.
c. Parking Lot Activities: when a parking lot is located within 50 feet of an existing or proposed noise-sensitive receptor. d. Loading Dock Activities: when loading docks are located within 100 feet of an existing or proposed noise-sensitive receptor.
e. Compactor: when a compactor is located within 10 feet of an existing or proposed noise-sensitive receptor.
2. Requirements for Acoustical Analysis: The acoustical analysis shall, at a minimum, identify all potential significant stationary noise sources associated with the proposed use, including operational characteristics, predict noise levels at the property building
permits
Development
Department
231
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
line of the noise source and nearest existing or proposed noisesensitive receptors, and evaluate the predicted noise levels against the City of Kerman’s applicable stationary noise standards in the General Plan and Municipal Code. If noise levels are predicted to exceed the City’s standards at sensitive receptors, the analysis shall recommend specific, feasible, and effective mitigation measures to achieve compliance with the City’s standards. The acoustical analysis shall be submitted by the project proponent to the City of Kerman Community Development Department during the entitlement process. All noise mitigation measures recommended in the acoustical analysis shall be clearly incorporated into the project’s site plans prior to issuance of building permits.
Implementation of Mitigation Measures: Mitigation measures may include but are not limited to: relocation or redesign of noisegenerating equipment, installation of sound barriers or enclosures, use of quieter equipment or operational practices, limitations on hours of operation for specific noise-generating activities, or architectural soundproofing. The analysis shall clearly demonstrate the expected noise reduction and confirm that the City’s noise standards will be met at all sensitive receptor locations. Prior to issuance of occupancy, the project proponent shall submit verification to the City of Kerman Community Development Department confirming that all required noise mitigation measures have been implemented in accordance with approved plans.
NOI-3 The following mitigation measures and best management practices shall be applied during periods of project construction.
Project
Proponent
Prior to
issuance of
City of
Kerman
232
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
Prior to issuance of building permits for all project phases, the project proponent shall include these measures and best management practices on the construction plans submitted to the City of Kerman Community Development Department. The Building Division shall verify that these measures and best management practices are included in the construction plans prior to approval of building permits.
• Adherence to City Ordinance: Construction activities are strictly prohibited outside the hours of 7:00 am and 10:00 pm, as mandated by the City of Kerman Municipal Code. Any work outside these hours requires prior written approval from the City of Kerman's Planning and/or Building Division,
demonstrating necessity and implementation of enhanced
noise mitigation measures.
• Equipment Maintenance and Muffling: All construction
equipment shall be maintained in proper working order with effective muffling devices that meet or exceed manufacturer specifications for noise reduction. Documentation of
equipment maintenance, including muffler checks, shall be kept on-site and made available for inspection. During
inspections by the City of Kerman’s Building Division, noncompliant equipment shall be tagged and prohibited from use until proper maintenance or muffling is implemented and verified by the City.
• Idling Reduction: Noise-producing equipment shall not be left operating, running, or idling when not actively in use by construction personnel. Operators shall be instructed and regularly reminded to turn off equipment during periods of building
permit
Community
Development
Department
233
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
inactivity. This requirement shall be included in contractor agreements.
• Distance from Sensitive Receptors: Noise-producing
construction equipment shall be strategically located and operated as far as feasible from noise-sensitive land uses (e.g., residences, schools, hospitals, parks). Site plans submitted with the construction documents shall identify noise-sensitive areas and demonstrate how equipment placement maximizes distance. The City's review of the construction site plan will assess the proposed equipment locations relative to sensitive receptors. Any significant deviations during construction will require justification and potential relocation of equipment as directed by the City.
• Staging Area Location: Construction staging areas, where equipment and materials are stored and where less intensive activities may occur, shall be located at the maximum possible distance from noise-sensitive land uses. The location of staging areas shall be clearly indicated on the construction site plan.
The approved site plan will dictate the permissible locations for staging areas. Any unauthorized staging in closer proximity to sensitive receptors will require immediate relocation.
• Construction Hours Signage: Clearly visible signs, in both English and Spanish, shall be posted at all construction site entrances and near adjacent sensitive receptors. These signs shall prominently display the permitted hours of construction activities and provide the name and contact phone number of a designated noise disturbance coordinator responsible for addressing noise complaints. The presence and legibility of these signs will be verified during initial site inspections and 234
Section 7, Item C.
Mitigation Measure
Party
responsible
for
Implementin
g Mitigation
Timing
Party
responsible
for
Monitoring
Verific
ation
(name/
date)
monitored throughout the construction period. Missing or inadequate signage will require immediate replacement. The contact information for the noise coordinator shall be
provided to the City prior to the commencement of
construction.
Tribal Cultural Resources
See Mitigation Measure CUL-1 Project
Proponent
During
constructio
n for all
phases
City of
Kerman
Community
Development
Department
235
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219
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221
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219
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NELSON AVENUE
MADERA AVENUE (HIGHWAY 145)
28.83'
40' 20' 12.1'
8.74 ACRES
2 REMAINDER
2.04 ACRES 663.53'
566.16' 268.60'
325.96'
28.35 ACRES
1 703.32'
581.96' 663.18'
1372.58' 1037.38' 643.17'
326.41' 276.87'
325.86' 47.4'
95.4'
2.9' 50.3' 90.4' 38'
51.6' 10' R/W PER THIS MAP 22' R/W PER THIS MAP 42' 24' 30' 30' SCALE:
HORIZ.
VERT.
1" =
1" =
BENCH MARK COMPUTED
DESIGNED
DRAWN
PROJ. ENGR.
DATE
SHEET
OF
JOB NO.
web: www.mpengr.com
7643 North Ingram Avenue, Suite #105
Fresno, CA 93711
phone: (559) 853-4505
Folsom *Fresno
Dwg: Z:\2022\22-0068-00 (KERMAN SUBDIVISION)\DWG\PLAN\WORKING\22006800-LLTM01.DWG | Saved: 09-16-25 01:29pm GBARDINI 22-0068-00
SEPTEMBER 16, 2025
1 1
80'
N/A
TENTATIVE PARCEL MAP NO. 2024-01
FOR THE ORCHARDS AT GILL ESTATES
IN THE CITY OF KERMAN
FRESNO COUNTY, CALIFORNIA NOT FOR CONSTRUCTION
JJ
GJB
KLF
GJB
GRAPHIC SCALE
1 in = 80 ft
80 40 0 80 160
TENTATIVE PARCEL MAP NO. 2024-01
PREPARED JULY 17, 2025
FOR THE ORCHARDS AT GILL ESTATES
VICINITY MAP NO SCALE
SITE
WHITESBRIDGE AVE MADERA AVE
BELMONT AVE LASSEN AVE
KEARNEY BLVD HOWARD AVE
CALIFORNIA AVE SHASTA AVE
NELSEN AVE DEL NORTE AVE
JENSEN AVE
145
180
APN 020-120-11
TOSTE FAMILY FARMS LP
AE20 - EXCLUSIVE AGRICULTURAL
LAND USE: MEDIUM DENSITY
RESIDENTIAL & GENERAL COMMERCIAL
EXISTING ALMOND ORCHARD
APN 020-090-17
BLAIR JAY RAY & PATRICIA JEAN TRUSTEES
AE20 - EXCLUSIVE AGRICULTURAL
LAND USE: COUNTY DESIGNATED
EXISTING ALMOND ORCHARD
APN 020-090-03S
REPAR ROSEMARY N TRUSTEE
AE20 - EXCLUSIVE AGRICULTURAL
LAND USE: COUNTY DESIGNATED
EXISTING ALMOND ORCHARD APN 020-090-17S COUTO ROBERT J & CYNTHIA D TRUSTEES AE20 - EXCLUSIVE AGRICULTURAL LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING ALMOND ORCHARD APN 020-090-28S SOUZA WILLAM J JR TRUSTEE AL20 - LIMITED AGRICULTURAL LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING ALMOND ORCHARD APN 020-120-32ST
KERMAN UNIFIED SCHOOL DISTRICT
URBAN RESERVE
LAND USE: MEDIUM DENSITY RESIDENTIAL & GENERAL COMMERCIAL
PROPOSED ELEMENTARY SCHOOL
MAP LIMITS
MAP LIMITS
R/W VARIES
4' TO 10'
ALONG EXIST. WALL
No. 50725
N
I D AR
J . B ROGE
C I V I L AI N R F O
O F C A L I E T A T S
REE I N
GNE L NA ROFESS IO
P DERET SI GER
R
G
I Y
1 2
1 2
12"D
3 3
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50'
50'
25' 25'
25' 25'
3' PE &
PUE
3' PE &
PUE
3' PE &
PUE
3' PE &
PUE 3' PE & PUE
3' PE &
PUE
3' PE &
PUE
3' PE &
PUE
3' PE &
PUE 3' PE & PUE 3' PE & PUE
3' PE &
PUE 3' PE & PUE
50'
25' 25' 50' 25' 25' 50'
50'
50'
25' 25' 50' 25' 25'
50'
25' 25' 50' 25' 25' 50'
50'
25' 25' 25' 25'
25' 25'
AVENUE 'A' ROAD 'A' ROAD 'B' ROAD 'C' ROAD 'D' ROAD 'E' ROAD 'F'
AVENUE 'B'
AVENUE 'C'
COURT 'D'
NIELSON AVENUE
MADERA AVENUE (HIGHWAY 145)
28.83'
40' 20'12.1'
581.96' 663.53'
566.16' 269'
326'
82'
FUTURE STREET - CURRENTLY UNDER CONSTRUCTION 44.83' 49.84' IRR IRR
IRR IRR
IRR
IRR
IRR
IRR
IRR
IRR
APPROXIMATE LOCATION OF
PRIVATE IRRIGATION LINE
TO BE REMOVED
LOT 2
LOT 'C' 380,753 SF
66,964 SF
LOT 'A'
6,862 SF
LOT 'B'
5,040 SF
LOT 'D'
34,460 SF
73 3692 SF
74 4504 SF
78 5662 SF
77 4072 SF
76 4111 SF
75 4950 SF
158
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101
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109
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87 4438 SF
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60 4832 SF
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4438 SF
83 3690 SF
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81 5587 SF
80 4966 SF
79 6011 SF 60'
78' 17' 48'
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90' 60' 48'
17' 78' 48'
90'
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17' 78' 48'
90'
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78' 17' 94' 9' 82'
17' 48' 94'
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96'
L=3 2' L=3 2' 74'
54' 48'
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83' 50'
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70' 17'
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82' 53' 59'
L=42' 34' 17' 83'
L=6 2'
L=6' 116'
15'
L=71'
22' 16' 92'
L=6 3'138'
49' 91'
29'
L=16'
45' 92'
45'
45' 69'
43' 17'
43' 17' 55'
82' 43'
17' 70' 45'
82' 45' 45'
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82' 45' 55'
70' 17' 43' 43'
70' 17'
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L=28'
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82'
L=21' 33'
17' 70' 52' 12' 34'
L=16'
82'
70' 17' 47'
82' 12'
L=15' 34'
17' 70' 35'
L=9' 82'
70' 17' 51'
94' 51' 51'
95' 51' 51'
97' 51' 51'
98' 51' 51'
99' 51' 43'
89' 17' 55'
82' 39'
L=6' 35' 10'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
70' 17' 43' 55' 43'
70' 17'
82' 45'
82' 45'
82' 45'
82' 45'
82' 45'
82' 40'
L=5' 35' 10'
82' 40'
L=5' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 55'
70' 17' 43' 43'
70' 17'
82' 45'
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L=4' 94'
52' 94'
50' 94'
50'
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50'
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60'
48' 17'
10' WATER
EASEMENT 8' PE & PUE 8' PE & PUE 22'
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
20 4800 SF
19 4800 SF
13 4800 SF
14 4800 SF
11 5131 SF
17 4800 SF
16 4800 SF
15 4800 SF
18 4800 SF 89'
19'
LOT 'E'
1,965 SF 96' 20'
L=8'
L=13'
108' 24' 30'
SCALE:
HORIZ.
VERT.
1" =
1" =
BENCH MARK COMPUTED
DESIGNED
DRAWN
PROJ. ENGR.
DATE
SHEET
OF
JOB NO.
web: www.mpengr.com
7643 North Ingram Avenue, Suite #105
Fresno, CA 93711
phone: (559) 853-4505
Folsom *Fresno
Dwg: Z:\2022\22-0068-00 (KERMAN SUBDIVISION)\DWG\PLAN\WORKING\22006800-TM02.DWG | Saved: 09-16-25 05:00pm GBARDINI 22-0068-00
SEPTEMBER 16, 2025
1 3
80'
N/A
VESTING TENTATIVE TRACT MAP NO. 6465
FOR THE ORCHARDS AT GILL ESTATES
IN THE CITY OF KERMAN
FRESNO COUNTY, CALIFORNIA NOT FOR CONSTRUCTION
JJ
GJB
KLF
GJB
GRAPHIC SCALE
1 in = 80 ft
80 40 0 80 160
VESTING TENTATIVE TRACT MAP NO. 6465
PREPARED SEPTEMBER 2025
FOR THE ORCHARDS AT GILL ESTATES
VICINITY MAP NO SCALE
SITE
WHITESBRIDGE AVE MADERA AVE
BELMONT AVE LASSEN AVE
KEARNEY BLVD HOWARD AVE
CALIFORNIA AVE SHASTA AVE
NIELSEN AVE DEL NORTE AVE
JENSEN AVE
145
180
16'
3'
16'
⅊
A PUBLIC STREET WITH SIDEWALK
50' R/W (T.I.=5.0) NTS
PAD 2% 2%
3" AC,
4.5" CLASS 2 AB 95% RC,
12" CNS 90% RC
SIDEWALK PER
CITY STD. P-5
9'
50' ⅊
3'
PAD 2' 7'
SIDEWALK PER
CITY STD. P-5
PE
APN 020-120-11
TOSTE FAMILY FARMS LP
AE20 - EXCLUSIVE AGRICULTURAL
LAND USE: MEDIUM DENSITY
RESIDENTIAL & GENERAL COMMERCIAL
EXISTING ALMOND ORCHARD
APN 020-090-17
BLAIR JAY RAY & PATRICIA JEAN TRUSTEES
AE20 - EXCLUSIVE AGRICULTURAL
LAND USE: COUNTY DESIGNATED
EXISTING ALMOND ORCHARD
APN 020-090-03S
REPAR ROSEMARY N TRUSTEE
AE20 - EXCLUSIVE AGRICULTURAL
LAND USE: COUNTY DESIGNATED
EXISTING ALMOND ORCHARD APN 020-090-17S COUTO ROBERT J & CYNTHIA D TRUSTEES AE20 - EXCLUSIVE AGRICULTURAL LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING ALMOND ORCHARD APN 020-090-28S SOUZA WILLAM J JR TRUSTEE AL20 - LIMITED AGRICULTURAL LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING ALMOND ORCHARD APN 020-120-32ST
KERMAN UNIFIED SCHOOL DISTRICT
URBAN RESERVE
LAND USE: MEDIUM DENSITY RESIDENTIAL & GENERAL COMMERCIAL
PROPOSED ELEMENTARY SCHOOL
VAR. 18' - 24'
C MODIFIED STREET
ADJACENT TO EXISTING RESIDENCE NTS
2%
6'
R/W
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C/L
EXISTING
MASONRY WAL 4' 12'
SHLDR
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20'
NEW
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B
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B PUBLIC STREET WITH SIDEWALK
84' R/W (T.I.=7.0) NTS
2%
10'
2'
PAD
PE
8' LE
P/L
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2%
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PE
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7'
LIMITS OF THIS MAP
LIMITS OF THIS MAP
LIMITS OF THIS MAP
EXISTING 6' MASONRY WALL
No. 50725
N
I D AR
J . B ROGE
C I V I L AI N R F O
O F C A L I E T A T S
REE I N
GNE L NA ROFESS IO
P DERET SI GER
R
G
I Y
12"D
237
Section 7, Item C.
STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Michael Barajas, Public Works Director
SUBJECT: Ratification of Well No. 15 Water Well Repairs (MB) RECOMMENDATION: Council by motion adopt resolution ratifying award of contract to Arsenal Well Drilling, Inc. for repairs to Well No. 15 in the amount of $ 89,900.46.
EXECUTIVE SUMMARY:
The City of Kerman has six potable water wells located within the City limits that provide potable water to City water customers. Maintaining wells in operable condition is essential to providing reliable water service and is especially important during summer, when water demands peak and power outages can unexpectedly impact production capacity of one or more wells at a time.
On August 6, 2025, Well No. 15 unexpectedly had a vibration in the motor and was immediately shut down. City staff immediately requested estimates to pull the pump and motor, perform a video inspection of the well casing, and replace the eight-inch swing lever check valve with parts, plus modification of discharge. As required by the Purchasing Ordinance, City staff solicited quotes and received three estimates Exhibit ‘C‘. Arsenal Well Drilling had the lowest quote in the amount of $17,150.00 and was awarded the contract Attachment ‘B’. The award was within the City Manager’s purchasing authority.
It is hard to anticipate exactly what work is required until the motor and pump are pulled and a video of the well casing is inspected. Contractor met with City Staff to discuss required repair work needed based on the well casing video. It was discovered that significantly more repairs were required than anticipated. Total additional cost for the required repair work is $72,750.46.
City policy limits the City Manager’s purchasing authority to $30,000, which is less than the final cost for well repair of $89,900.46 Exhibit ‘B‘. The proposed resolution, Attachment ‘A’, will ratify the award of the contract repair work to restore the City’s water system to full function and bring the expenditure into compliance with the City’s Purchasing Regulations regarding award of contract.
DISCUSSION:
Well No. 15 was constructed in 2007 and is located in the southwest quadrant of the City near California Ave and Second street Exhibit ‘D‘. Well No. 15 is designed to fill the two 750,000- 238
Section 7, Item D.
gallon water storage tanks that provide significant capacity to meet peak usage demands, as well as reserves should a well need to be taken offline for any reason.
The process of repairs of the well is a multiple-step process. The entire process involved removing the pump and motor, and then, the contractor performed a video inspection of the well casing to determine what was actually causing the vibration in the motor.
Timing is critical for the repairs of this well to assure adequate water pressure and supply. The overall project takes approximately 2 to 3 weeks from video, repairs, disinfection, and then flushing the casing. State mandated sampling will then need to be performed and approved prior to allowing the well back online.
The City’s system is a looped system, and maintaining adequate water supply and quality is interdependent on the proper functioning of multiple wells operating on any given day. The repairs necessary for Well No. 15 are deemed to be “critical” because, while the system remains functional and adequate during the repair, any chance of a cascading failures or a “domino” effect from shutdowns of the other supporting wells during the repair of Well No. 15 would be catastrophic to the system and the community.
Staff compared Arsenal Well Drilling’s proposal to other contractors’ proposals received and found them to be fair and acceptable. Staff recommends that Arsenal Well Drilling be used for the additional repair work that includes teardown pump bowls, inspection of turbine motor, bearings replacement, line shaft replacement, swage well – patch casing plus video, fish multiple pipes in the well, scrub/surge well with addition of biocide, well development – airlift well to true bottom and perform well video of Well No. 15.
FISCAL IMPACT:
The total estimated cost of the repairs for Well No.15 is $89,900.46 and is available in the Water Enterprise Fund.
ATTACHMENTS:
A. Resolution w/Exhibits
239
Section 7, Item D.
Attachment ‘A’
RESOLUTION NO. 25-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN RATIFYING AWARD OF CONTRACT TO ARSENAL WELL DRILLING, INC. FOR REPAIRS TO WELL NO. 15 IN THE AMOUNT OF $89,900.46
WHEREAS, the City of Kerman has six potable water wells located within the City limits that provide potable water to City water customers; and WHEREAS, maintaining wells in operable condition is essential to providing reliable water service; and
WHEREAS, Well No. 15 unexpectedly had vibrations in the motor due to possible mechanical issues and was immediately shut down; and
WHEREAS, the City’s system is a looped system, and maintaining adequate water supply and quality is interdependent on the proper functioning of multiple wells operating on any given day.; and
WHEREAS, the repairs necessary for Well No. 15 were deemed to be “critical” because, while the system remained functional and adequate during a repair, any chance of cascading failures or a “domino” effect from shutdowns of the other supporting wells during the repair to Well No. 15 would be catastrophic to the system and the community; and WHEREAS, the City solicited quotes for the repairs and received the lowest bid from Arsenal Well Drilling, Inc to perform necessary repairs to Water Well No. 15; and WHEREAS, a contract with Arsenal Well Drilling, Inc. was entered pursuant to the City Manager’s authority; and
WHEREAS, once the work commenced, significant repairs exceeding the original City solicitation specifications were discovered, and staff authorized Arsenal Well Drilling, Inc. to proceed with the required work; and
WHEREAS, the extra work required caused the contract amount to exceed the City Manager’s authority; and
WHEREAS, staff seek ratification of the contract with Arsenal Well Drilling, Inc.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Kerman, hereby resolves as follows.
Section 1. The above recitals are true and correct and incorporated herein by reference.
240
Section 7, Item D.
Section 2. The City Council finds and determines that the above conditions existed and that it was necessary for City staff to procure contract repairs of Well No.15, and that said repairs were necessary for the City to maintain an adequate water supply.
Section 3. The contract award to Arsenal Well Drilling to repair the well as described Exhibit ‘B’ in the amount of $89,900.46 is hereby ratified and approved.
Section 4. This resolution is effective upon its adoption.
The foregoing resolution was adopted by the City Council of the City of Kerman at the regularly scheduled meeting held on the 12th day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
_______________________
Josie Camacho
City Clerk
241
Section 7, Item D.
“COMMUNITY COMES FIRST”
AGREEMENT
THIS AGREEMENT made at the City of Kerman, California, by and between Arsenal Well Drilling, Inc., hereinafter called the Contractor, and the City of Kerman, hereinafter called the Owner.
WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows:
ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, material men, subcontractors, artisans, machinists, teamsters, draymen and laborers required for the repair and rehabilitation of Well #15 described in Article II below.
ARTICLE II. The Contractor and the Owner agree that the Scope of Work hereto attached in Exhibit ‘A’ together with this agreement, form the contract, and they are as fully a part of the contract as if herein repeated.
ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract the amount not to Eighty-Nine Thousand Nine Hundred Dollars and Fort-Six Cents ($89,900.46) Exhibit ‘B’.
ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver should be appointed on the account of its insolvency, or if Contractor or any of its subcontractors should persistently violate any of the provisions of the contract, or if Contractor should persistently disregard laws, ordinances or the instructions of the Owner, then the Owner may, upon certificate of the City Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and its surety of its intention to terminate the contract, such notice to contain the reasons for such intention to terminate the contract, and unless within five days after the serving of such notice, such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five days, cease and terminate. In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give Owner written notice of its intention to take over and perform the contract or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the Owner for any excess cost 242
Section 7, Item D.
“COMMUNITY COMES FIRST”
occasioned the Owner thereby, and in such event the Owner may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plans and other property belonging to the Contractor as may be on the site of the work and necessary therefore.
In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensations for additional managerial and administration services, such excess shall be paid the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner, as herein provided, and damage incurred through the Contractor's default, shall be certified by the City Engineer.
ARTICLE V. Contractor will defend, indemnify, and hold harmless, THE CITY OF KERMAN from all and any liability for damage on account of injury to persons or damage to property resulting from or arising out of or in any way connected with the performance by Contractor of this agreement and reimburse the Owner for all costs, expenses and loss incurred by it in consequence of any claims, demands and causes of action which may be brought against it arising out of the performance by Contractor of this agreement.
INSURANCE. Contractor at its sole cost and expense shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
l. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
l. Commercial General Liability: $2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and completed operations aggregate for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be doubled.
2. Automobile Liability: $1,000,000 each accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 each accident for bodily injury or disease.
4. Pollution Liability: $1,000,000 per claim for sudden, accidental and gradual pollution and remediation.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 243
Section 7, Item D.
“COMMUNITY COMES FIRST”
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain and be endorsed to contain, the following provisions:
1. The city, its officers, officials, employees, and volunteers are to be covered by policy endorsement as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor under the commercial general liability and pollution liability policies, including materials, parts or equipment furnished in connection with such work or operations. General liability coverage shall be provided in the form of an endorsement at least as broad as Insurance Services Office CG 20 10 for ongoing operations and CG 20 37 for completed operations to the Contractor's insurance, or as a separate owner's policy.
2. The Pollution Liability shall cover all activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites
3. For any claims related to this project, the Contractor's insurance coverage shall allow and be endorsed primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, agents, and volunteers.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. If a carrier will not provide the required notice of cancellation, the Contractor shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.
Acceptability
Insurance is to be placed with insurers approved to do business in California with a current A.M.
Best's rating of no less than A:VII.
Verification of Coverage
Contractor shall furnish city with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on separate forms that conform to the requirements. All certificates and endorsements are to be received and approved by the City 244
Section 7, Item D.
“COMMUNITY COMES FIRST”
before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall| ensure all of its subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
ARTICLE VI. Contractor represents that it has secured the payment of Workers' Compensation in compliance with the provision of the Labor Code of the State of California and during the performance of the contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance evidencing that Workers, Compensation Insurance is in effect and providing that the Owner will receive thirty (30) days notice of cancellation. If the Contractor self-insures Workers' Compensation, Certificate of Consent of self-insured should be provided the Owner.
ARTICLE VII. Contractor shall pay prevailing wages as required by the Labor Code of the State or California.
ARTICLE VIII. Beginning of work, time of completion.
A) Beginning of Work
The Contractor shall continue work within 5 working days after receiving notice to proceed and continue diligently prosecute the same to completion within the time limit provided in these specifications. The notice to proceed will be given to the contractor as soon as the, insurance certificates, and contract documents are approved by the City.
Should the Contractor begin work in advance of receiving notice that the contract has been approved, any work performed by Contractor in advance of said date shall be considered as having been done at Contractor’s own risk and as a volunteer unless said contract is so approved.
The delivery to the Owner for execution and approval of the contract properly executed on behalf of the Contractor shall constitute the Contractor's authority to enter upon the site of work and begin operations subject to Contractor’s assumption of the risk or the disapproval of the contract as above provided and subject also to the following:
(1) The Contractor shall, upon commencing operations, take all precautions required for public safety and shall observe all provisions of the specifications.
(2) In the event of disapproval, the Contractor shall at its expense do such work as is necessary to leave the site in a neat condition to the satisfaction of the owner. If the work done affects any adjacent property, the Contractor shall at 245
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“COMMUNITY COMES FIRST”
its expense restore it to its former conditions, or the equivalent thereof, to the satisfaction of the Owner.
(3) All work done according to the contract prior to its approval will, when the contract is approved, be considered authorized work and will be paid for as provided in the contract.
(4) The Contractor shall not be entitled to any additional compensation or extension of time for any delay, hindrance, or interference caused by or attributable to the commencement of work prior to the date on which the contract was approved by the Owner, except to the extent such delay, hindrance, or interference would have been compensable hereunder had work been commenced on the date of such approval and the progress thereof been the same as that actually made.
(B) Time of Completion
The Contractor shall complete the work under this contract in all parts and requirements within a minimum of 60 days.
ARTICLE IX. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after date on which this contract is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand-by the Owner, to replace any such materials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated.
The Owner shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Owner. If the undersigned Contractor shall fail or refuse to comply with its obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
IN WITNESS WHEREOF, they have executed this Agreement the _____________________ day of __________________'2025.
246
Section 7, Item D.
“COMMUNITY COMES FIRST”
CITY OF KERMAN
___________________________ __________________________
CONTRACTOR OWNER
___________________________ __________________________
FEDERAL TAX I.D. NO. CITY MANAGER
By_________________________
Sign Name
__________________________
Print Name
__________________________
Title
Approved as to Form:
______________________
City Attorney
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Section 7, Item D.
“COMMUNITY COMES FIRST”
Exhibit ‘A’
Scope of Work
Repair work includes pulling Well No. 15, perform well video, replace 8” swing lever check valve with parts plus modification of discharge, the additional repair includes teardown of pump bowls, inspection of the turbine motor, bearings replacement, line shaft replacement, swage well – patch casing plus video, fish multiple pipes in the well, scrubbing and surging of the well with the addition of biocide, and well development, including airlifting the well to true bottom and performing a video of Well No. 15.
248
Section 7, Item D.
Exhibit '
B'
249
Section 7, Item D.
250
Section 7, Item D.
Exhibit '
C'
251
Section 7, Item D.
252
Section 7, Item D.
253
Section 7, Item D.
Exhibit '
D'
254
Section 7, Item D.
STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Budget Adjustments for 1st Quarter Fiscal Year 2025/2026 (JA) RECOMMENDATION: Council review and adopt resolution adopting revisions to the Fiscal Year 2025/2026 Budget.
EXECUTIVE SUMMARY:
The Fiscal Year 2025/2026 annual budget was adopted on June 11, 2025, with a General Fund deficit of $4,901,214 with revenues at $11,865,997 and expenditures at $16,767,210. The deficit in the General Fund is primarily due to the construction of Hart Ranch Park. Staff is recommending 1st quarter budget adjustments due to operational expenses, supplies, and improvements in technology.
The list below has General Fund revenues that need to be adjusted/increased for Fiscal Year 2025/2026.
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
100-0000-322-61-00 Animal Surrender Fee 300.00 1,000.00 700.00 100-0000-344-45-00 Foreclosure Registration Fees 0.00 50.00 50.00 Total General Fund Revenues 750.00
The list below has General Fund expenditures that need to be adjusted/increased for Fiscal Year 2025-2026
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
100-1002-410-30-00 Overtime 0.00 100.00 100.00
100-1008-510-01-00 Contract Services-LAFCo 5,000.00 5,248.07 248.07 100-1008-551-02-00 Communications-Cellular Phone 144.00 552.00 408.00 100-1008-555-00-00 Dues & Subscriptions(GIS) 500.00 1,542.50 1,042.50 100-1042-521-01-00 Supplies 3,000.00 5,200.00 2,200.00
100-1042-551-02-00 Communications-Cellular Phone 144.00 552.00 408.00 100-2002-510-01-00 Contract Services 0.00 800.00 800.00 100-2002-510-10-00 Professional Services 357.14 400.00 42.86 100-2002-521-06-00 Uniforms 200.00 350.00 150.00
100-2010-521-01-00 Supplies 9,000.00 12,000.00 3,000.00 100-2010-521-03-00 Janitorial Supplies 8,500.00 18,000.00 9,500.00 100-2047-410-30-00 Overtime 0.00 800.00 800.00
255
Section 7, Item E.
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
100-2069-420-55-00 Workers Compensation Expense 865.56 3,061.20 2,195.64 100-3011-510-21-00 FLOCK Camera System 0.00 22,602.27 22,602.27 100-3011-600-03-08 Radar Trailer 0.00 12,000.00 12,000.00 100-3041-551-07-00 Communications - City Cameras 0.00 1,400.00 1,400.00 100-5005-410-20-00 Part-Time Wages 319.20 1,500.00 1,180.80 100-6004-410-30-00 Overtime 0.00 50.00 50.00
100-6004-554-01-00 Travel-Meetings 2,500.00 5,000.00 2,500.00 100-7001-420-40-00 Health Insurance Expense 1,000.88 2,880.00 1,879.12 Total General Fund Expenditures 62,507.26
The General Fund will have a new overall deficit of $4,962,970 based on revenues of $11,866,747 and expenditures of $16,829,717.
The list below has Enterprise Fund expenditures that need to be adjusted/increased for Fiscal Year 2025/2026.
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
410-4041-510-21-00 FLOCK Camera System 0.00 9,040.91 9,040.91 410-4041-555-03-00 N. Kings Groundwater Sustainab 6,000.00 7,768.87 1,768.87 410-5005-410-20-00 Part-Time Wages 319.20 7,500.00 7,180.80 410-5005-521-01-00 Supplies 2,000.00 7,500.00 5,500.00
Total Water Fund Expenditures 23,490.58
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
420-4042-510-21-00 FLOCK Camera System 0.00 1,506.82 1,506.82 420-5005-410-20-00 Part-Time Wages 319.20 7,000.00 6,680.80 Total Sewer Fund Expenditures 8,187.62
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
430-5005-410-20-00 Part-Time Wages 319.20 5,700.00 5,380.80 430-5005-521-01-00 Supplies 1,200.00 4,000.00 2,800.00
Total Solid Waste Expenditures 8,180.80
The Enterprise Funds will have an overall increase in expenditures of $39,859. The new budget numbers would increase the deficit to the Water Fund to $124,429 and the Sewer Fund to $259,096. The Solid Waste Fund would still remain with a surplus, but the surplus would decrease to $121,046.
256
Section 7, Item E.
The list below has revenues from other funds that need to be adjusted/increased for Fiscal Year 2025/2026.
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
100-3999-334-30-12 Koret Shelter Welcome Grant 0.00 40,000.00 40,000.00 Total Revenues for Other Funds 40,000
The list below has expenditures from other funds that need to be adjusted/increased for Fiscal Year 2025/2026.
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
100-3050-410-10-00 Salaries 28,675.60 128,675.60 100,000.00 100-3050-410-30-00 Overtime 6,500.00 20,000.00 13,500.00 100-3999-520-00-12 Koret Shelter Welcome Grant 0.00 20,000.00 20,000.00 100-3999-520-00-16 Officer Wellness/Mental Health 0.00 15,170.00 15,170.00 410-4041-600-03-03 Capital Imp-Well 9A Emerg Rep 132,000.00 11,000.00 -121,000.00 410-4041-600-03-28 Backhoe 0.00 16,791.07 16,791.07
410-4041-600-03-48 Capital Improvements-Well 15 R 0.00 90,000.00 90,000.00 410-8000-600-04-01 SGMAGrant Recharge Proj. Lions 0.00 11,000.00 11,000.00 410-8000-600-04-47 Well No 14 Rehabilitation 0.00 176,443.58 176,443.58 420-4042-600-03-28 Backhoe 0.00 16,791.06 16,791.06
430-5005-521-34-00 SB1383 Local Assistance OWR1 75,000.00 0.00 -75,000.00 430-5005-600-03-28 Backhoe 0.00 75,000.00 75,000.00
750-4075-552-01-00 Public Notice 0.00 409.50 409.50
750-4075-600-03-28 Backhoe 0.00 16,791.06 16,791.06
870-4087-600-03-28 Backhoe 0.00 16,791.06 16,791.06
870-8000-600-03-82 STBG-KeBlvd.Reh.Park-Del Norte 0.00 1,000.00 1,000.00 870-8000-600-03-85 Siskiyou Ave Rehab 180/Kearney 3,000.00 53,000.00 50,000.00 882-4088-410-20-00 Part-Time Wages 500.00 1,984.22 1,484.22 890-8000-600-03-86 Goldenrod Ave Reh Kearney/RR 0.00 42,000.00 42,000.00 Total Expenditures for Other Funds 467,171.55
FISCAL IMPACT: The overall fiscal impact will increase the General Fund deficit of $4,901,214 to $4,962,970. The Enterprise Funds would increase expenditures by $39,859. Other funds would increase revenues by $40,000 and expenditures by $467,171.55. The majority of the expenditures in other funds are capital projects in our Enterprise Funds and Street Funds.
ATTACHMENTS:
A. Resolution
257
Section 7, Item E.
Attachment ‘A’
RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN ADOPTING REVISIONS TO THE FISCAL YEAR 2025-2026 BUDGET
WHEREAS, the City Council approved the Fiscal Year 2025-2026 Budget by Resolution 25-33 dated June 11, 2025;and
WHEREAS, adjustments are requested for the Fiscal Year 2025-2026 budget based on the actual and estimated sources and uses; and
WHEREAS, the Fiscal Year 2025-2026 Budget adjustments requests include adjustments totaling $528,787.81 per the attached Exhibit ‘A’.
NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:
1. The foregoing results are true and incorporated by reference.
2. The Council approves adjustments to expenditures for the Fiscal Year 2025- 2026 budget as outlined in the schedule in Exhibit ‘A’, which is attached and incorporated by reference.
3. This resolution is effective upon adoption.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 12th day of November 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
The foregoing resolution is hereby approved.
__________________________
Maria Pacheco
Mayor
ATTEST:
_______________________________
Josie Camacho
City Clerk
258
Section 7, Item E.
Exhibit ‘A’
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
100-1002-410-30-00 Overtime 0.00 100.00 100.00
100-1008-510-01-00 Contract Services-LAFCo 5,000.00 5,248.07 248.07 100-1008-551-02-00 Communications-Cellular Phone 144.00 552.00 408.00 100-1008-555-00-00 Dues & Subscriptions(GIS) 500.00 1,542.50 1,042.50 100-1042-521-01-00 Supplies 3,000.00 5,200.00 2,200.00
100-1042-551-02-00 Communications-Cellular Phone 144.00 552.00 408.00 100-2002-510-01-00 Contract Services 0.00 800.00 800.00 100-2002-510-10-00 Professional Services 357.14 400.00 42.86 100-2002-521-06-00 Uniforms 200.00 350.00 150.00
100-2010-521-01-00 Supplies 9,000.00 12,000.00 3,000.00 100-2010-521-03-00 Janitorial Supplies 8,500.00 18,000.00 9,500.00 100-2047-410-30-00 Overtime 0.00 800.00 800.00
100-2069-420-55-00 Workers Compensation Expense 865.56 3,061.20 2,195.64 100-3011-510-21-00 FLOCK Camera System 0.00 22,602.27 22,602.27 100-3011-600-03-08 Radar Trailer 0.00 12,000.00 12,000.00 100-3041-551-07-00 Communications - City Cameras 0.00 1,400.00 1,400.00 100-3050-410-10-00 Salaries 28,675.60 128,675.60 100,000.00 100-3050-410-30-00 Overtime 6,500.00 20,000.00 13,500.00 100-3999-520-00-12 Koret Shelter Welcome Grant 0.00 20,000.00 20,000.00 100-3999-520-00-16 Officer Wellness/Mental Health 0.00 15,170.00 15,170.00 100-5005-410-20-00 Part-Time Wages 319.20 1,500.00 1,180.80 100-6004-410-30-00 Overtime 0.00 50.00 50.00
100-6004-554-01-00 Travel-Meetings 2,500.00 5,000.00 2,500.00 100-7001-420-40-00 Health Insurance Expense 1,000.88 2,880.00 1,879.12 410-4041-510-21-00 FLOCK Camera System 0.00 9,040.91 9,040.91 410-4041-600-03-28 Backhoe 0.00 16,791.07 16,791.07
410-4041-555-03-00 N. Kings Groundwater Sustainab 6,000.00 7,768.87 1,768.87 410-4041-600-03-03 Capital Imp-Well 9A Emerg Rep 132,000.00 11,000.00 -121,000.00 410-4041-600-03-48 Capital Improvements-Well 15 R 0.00 90,000.00 90,000.00 410-5005-410-20-00 Part-Time Wages 319.20 7,500.00 7,180.80 410-5005-521-01-00 Supplies 2,000.00 7,500.00 5,500.00
410-8000-600-04-01 SGMAGrant Recharge Proj. Lions 0.00 11,000.00 11,000.00 410-8000-600-04-47 Well No 14 Rehabilitation 0.00 176,443.58 176,443.58 420-4042-510-21-00 FLOCK Camera System 0.00 1,506.82 1,506.82 420-4042-600-03-28 Backhoe 0.00 16,791.06 16,791.06
420-5005-410-20-00 Part-Time Wages 319.20 7,000.00 6,680.80 430-5005-410-20-00 Part-Time Wages 319.20 5,700.00 5,380.80 430-5005-521-01-00 Supplies 1,200.00 4,000.00 2,800.00
750-4075-600-03-28 Backhoe 0.00 16,791.06 16,791.06
750-4075-552-01-00 Public Notice 0.00 409.50 409.50
259
Section 7, Item E.
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
870-4087-600-03-28 Backhoe 0.00 16,791.06 16,791.06
870-8000-600-03-82 STBG-KeBlvd.Reh.Park-Del Norte 0.00 1,000.00 1,000.00 870-8000-600-03-85 Siskiyou Ave Rehab 180/Kearney 3,000.00 53,000.00 50,000.00 882-4088-410-20-00 Part-Time Wages 500.00 1,984.22 1,484.22 890-8000-600-03-86 Goldenrod Ave Rehab Kearney/RR 0.00 42,000.00 42,000.00 430-5005-521-34-00 SB1383 Local Assistance OWR1 75,000.00 0.00 -75,000.00 430-5005-600-03-28 Backhoe 0.00 75,000.00 75,000.00
Total Expenditures $569,537.81
Account Number Description Budget
Amount
New
Amount
Increase/
Decrease
100-0000-322-61-00 Animal Surrender Fee 300.00 1,000.00 700.00 100-0000-344-45-00 Foreclosure Registration Fees 0.00 50.00 50.00 100-3999-334-30-12 Koret Shelter Welcome Grant 0.00 40,000.00 40,000.00 Total Revenues $40,750
260
Section 7, Item E.
STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Hilda Cantú Montoy, City Attorney
SUBJECT: Fourth Amendment to Employment Agreement with City Manager (HCM) RECOMMENDATION: Council is asked to consider and determine whether to adopt a resolution approving a fourth amendment to Employment Agreement with City Manager.
EXECUTIVE SUMMARY:
The City and City Manager John Jansons entered into an Employment Agreement (“Agreement”) effective December 1, 2019, and amended on October 1, 2021, August 9, 2023, and November 14, 2024. Subsequent to the recent completion of the City Manager’s performance evaluation, the City Council, through an Ad Hoc Committee comprised of the Mayor and Council Member Yep, conducted contract negotiations with the City Manager. The parties wish to amend the Employment Agreement as set forth in the Fourth Amendment to the Employment Agreement attached to the proposed resolution regarding this matter, which includes extending the term of the contract by two years and increasing the salary by 5%.
DISCUSSION:
The Brown Act Requires that, prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. See Government Code § 54953 (c)(3). A summary of the amended Agreement is described in this staff report per the text that is required to be read aloud by the Mayor at the Council Meeting.
Announcement by Mayor –
As required by the Brown Act (Government Code § 54953 (c) (3)), prior to taking action on this item, the Council must publicly announce a summary of the action being considered. If adopted, the proposed resolution will approve the Fourth Amendment to Employment Agreement with City Manager John Jansons as follows:
The current term of the Employment Agreement ends on November 30, 2029. This amendment extends it for an additional two years to November 30, 2031. 261
Section 7, Item F.
Effective July 1, 2025, as per the last performance evaluation, the City Manager will be paid an annual base salary of $201,014.00 ($16,751.00 monthly) per year paid in accordance with the City’s payroll procedures.
ATTACHMENTS:
A. Resolution w/Exhibit
262
Section 7, Item F.
Attachment ‘A’
RESOLUTION NO. 25-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING A
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER WHEREAS, On December 1, 2019, the City and City Manager entered into an At-Will Employment Agreement; and
WHEREAS, the Agreement has been modified three times; and WHEREAS, the City Council and City Manager desire to amend the Agreement to extend the term of the Agreement and to add a base salary increase.
NOW, THEREFORE, the City Council of the City of Kerman hereby resolves as follows:
1. The above recitals are true and correct.
2. The City Council approves the Fourth Amendment to Employment Agreement with City Manager John Jansons, attached hereto as Exhibit ‘A’ and incorporated by reference.
3. This resolution is effective immediately upon adoption.
The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 12th day of November 2025, by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
The foregoing resolution is hereby approved.
_______________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
263
Section 7, Item F.
Exhibit ‘A’
FOURTH AMENDMENT TO CITY OF KERMAN
AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
This Fourth Amendment to Employment Agreement (“Fourth Amendment”) is made and entered on November 12, 2025, by and between the City of Kerman (“City”) and John Jansons (“Employee”).
RECITALS
WHEREAS, City and Employee entered an Employment Agreement (“Agreement”) effective December 1, 2019; and
WHEREAS, the Agreement has been modified three times by the parties; and WHEREAS, City and Employee desire to continue the employment relationship and to make certain modifications to the Agreement; and
WHEREAS, the modifications are embodied in this Fourth Amendment to City of Kerman Agreement for Employment of City Manager.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties agree as follows:
SECTION 1. Section 3 of the Employment Agreement is amended to read as follows and to repeal prior text in Section 3:
3. Term of Agreement.
The current Agreement expires on November 30, 2029. The term of the Agreement is extended to November 30, 2031. The term of this Agreement shall be at the will of either party.
SECTION 2. Section 4 of the Employment Agreement is amended to read as follows:
4. Salary.
Based on the salary increase received effective July 1, 2024, Employee shall be paid an annual base salary of $201,014.00 ($16,752.00 monthly) in accordance with the City’s payroll procedures.
SECTION 3. Except as amended by this Fourth Amendment to Agreement, all other terms in the Employment Agreement shall continue in full force and effect. 264
Section 7, Item F.
IN WITNESS WHEREOF, the City of Kerman has caused this Fourth Agreement to Employment Agreement to be executed on its behalf by its Mayor and duly attested by its City Clerk, and John Jansons has signed and executed this Agreement on the day and year written below.
CITY OF KERMAN EMPLOYEE
______________________________ ____________________________ Maria Pacheco, Mayor John Jansons
Date: _________________________ Date: _______________________ ATTEST:
____________________________________
Josie Camacho, City Clerk
APPROVED AS TO FORM:
______________________________________
Hilda Cantú Montoy, City Attorney
265
Section 7, Item F.