Agenda packet — Kerman City Council, November 12, 2025 (part 1 of 2)

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, November 12, 2025 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630
LEVINE ACT CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE. The Political Reform Act in Govt Code Section 84308 restricts campaign contributions over $500 to a decision-making public official from a party or participant or their agent in a proceeding involving a contract, license, permit or entitlement for use. The Act requires disclosure of the contribution and recusal where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months. Participants and agents are required to make this disclosure as well.

A Council Member’s disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.

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

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

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

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Proclamation - Native American Heritage Month
B. Proclamation - Sikh Awareness and Appreciation Month C. Recognition - Kerman Honor Banner Committee
D. Proclamation - World Planning Day
1 4. PUBLIC FORUM (for matters not on agenda)
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

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

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

A. SUBJECT: Minutes - October 22, 2025
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 33153-33312 $1,005,419.93 ACH $181,615.59.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
09/28/2025 to 10/11/2025: $257,648.81; Retro Pay & Other: $4,651.57; Overtime: $5,077.16; Holiday: $0.00; Standby: $1,809.16; Comp Time Earned: 37.13 10/12/2025 to 10/25/2025: $261,465.99; Retro Pay & Other: $4,366.90; Overtime: $9,754.79; Holiday: $0.00; $ Standby: $2,010.01; Comp Time Earned: 91.88 RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Ordinance Repealing Chapter 3.20 of the Kerman Municipal Code Relating to the City’s Purchasing System and Surplus Property (JA)
RECOMMENDATION: Council by motion waive the full reading and adopt ordinance repealing Chapters 3.20 and adding new Chapter 3.20 relating to the City’s purchasing system by title only.
2 6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.

A. SUBJECT: Public Hearing for Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code By Reference. (JJ) RECOMMENDATION: City Council hold a public hearing, waive full reading, and adopt an Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code by Reference.

7. DEPARTMENT REPORTS
A. SUBJECT: Proposed Public Safety Camera System (SW)
RECOMMENDATION: Council by motion adopt resolution approving a five-year contract with Flock Group, Inc. dba Flock Safety for the installation and support of a public safety camera system in the amount of $454,950.00 (excluding tax), pursuant to Omnia Partners Contract No.

R250203.

B. SUBJECT: Consideration of Professional Services Agreement with ELS Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center (TJ) RECOMMENDATION: Council by motion adopt a resolution approving the Kerman Area MultiGenerational Resiliency Center Architectural Design Services Agreement with ELS Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center located at 15100 W. Kearney Blvd. for $1,228,725.00 and authorize the City Manager to execute the agreement.

C. SUBJECT: The Orchards at Gill Estates Project: General Plan Amendment (GPA 2023-02), Rezone (REZ 2023-03), Tentative Parcel Map (TPM 2024-01), Tentative Subdivision Map (TSM 2023- 03), Annexation (ANX 2023-03), and Mitigated Negative Declaration (SCH No. 2025060904) pertaining to two (2) parcels located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (APNs 020-120-06 and 020-120-03S) (JJ) RECOMMENDATION: Council consider the second reading of the ordinance, adoption of the Tentative Subdivision Map Resolution, Tentative Parcel Map Resolution, and Annexation Initiation Resolution; deliberate; and by motion:

1. Waive the full reading and adopt an Ordinance of the City Council of the City of Kerman amending the official zoning map for two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), pre-zoning the parcels consistent with the proposed land use designations, resulting in approximately 30.39 acres within the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5), 8.74 acres within the Mixed Use District, totaling approximately 39.13 acres 3 located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue.

2. Adopt a Resolution of the City Council of the City of Kerman approving Tentative Parcel Map 2024-01 for two (2) parcels identified as 020-120-06 (19.82 acres) and 020-120-03S (20 acres) into two (2) parcels and one (1) remainder, including a 28.35-acre “Parcel 1” that would accommodate TSM 2023-03, a 8.74-acre “Parcel 2” on the east portion of APN 020- 120-06 with no development proposed at this time, and a 2.04-acre “Remainder” on the northwest corner with an existing single-family residence; and

3. Adopt a Resolution of the City Council of the City of Kerman approving Tentative Subdivision Map 2023-03 for one (1) parcel (Parcel 1 of TPM 2024-01) into 172 single-family lots ranging in size from 3,690 square feet to 8,987 square feet and five (5) outlots, totaling approximately 28.35 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue; and

4. Adopt a Resolution of the City Council of the City of Kerman initiating annexation of two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020- 120-03S (20 acres), totaling approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Annexation 2023-03).

D. 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.

E. 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.

F. 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.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 4 10. CLOSED SESSION
None.

11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 550-1414.

The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 550-1414 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

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

Date: November 7, 2025 /s/ Josie Camacho, City Clerk
5 NATIVE AMERICAN HERITAGE MONTH
WHEREAS, in 1990, President George H. W. Bush approved a joint resolution designating November as “National American Indian Heritage Month”; and WHEREAS, Native American and Indigenous roots are deeply embedded in this land – a homeland loved, nurtured, and strengthened with honor and conviction, through enduring cultures and contributions of all Native American and Indigenous peoples; and WHEREAS, there are strong historic ties in Fresno County with the Chukchansi-band Yokuts, Monache (Mono) people, and some Chuckchansi people also have ancestral ties to the Picayune Rancheria of Chuckchansi Indians, located in the neighboring Madera County; and WHEREAS, we recognize that these peoples and their descendants along with many others from around the world, including Oaxaqueño, Mayan, Mexica, Purépecha and other Indigenous communities continue to live, thrive, and contribute to the rich cultural fabric of our communities today; and WHEREAS, this month provides an opportunity to learn about Native American tribes and Indigenous peoples, and to raise awareness of the unique challenges they have faced historically and continue to face today; and
WHEREAS, despite these challenges and a painful history, Native and Indigenous peoples, their communities, and their governments have persevered and flourished as teachers and scholars, scientists and doctors, writers and artists, business leaders and elected officials, and more.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Kerman hereby proclaims the month of November 2025 as Native American Heritage Month and urges all citizens to honor the richness of Native American cultures and histories. The City Council encourages all citizens to use this month to deepen their understanding, appreciation, and respect for the significant contributions of Native Americans to the fabric of our nation
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 12th day of November 2025.

Maria Pacheco
Mayor
6 Section 3, Item A.

SIKH AWARENESS AND APPRECIATION MONTH 2025
WHEREAS, California and our nation are strengthened by the diversity of our residents; and
WHEREAS, Sikhism, the fifth largest religion in the world, is practiced by more than 25 million people globally and over 500,000 in the United States; and WHEREAS, Sikhs have lived in the United States for over 120 years, first arriving in California in 1899 through Angel Island and establishing the first gurdwara, the Stockton Sikh Temple, in 1912; and
WHEREAS, Sikh Americans have greatly contributed to California’s agriculture, economy, and culture as farmers, business owners, first responders, military members, educators, and public officials; and
WHEREAS, through seva (selfless service), Sikh Americans demonstrate compassion and unity by operating free community kitchens, supporting local food programs, and serving the public to strengthen communities; and
WHEREAS, despite facing acts of discrimination and hate throughout history, the Sikh community continues to show resilience, courage, and chardi kala (eternal optimism); NOW, THEREFORE, BE IT PROCLAIMED, the City Council of the City of Kerman, do hereby proclaim the month of November 2025 as Sikh Awareness and Appreciation Month, and encourages all residents to honor the contributions of Sikh Americans to our state’s history, culture, and future.

I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 12th day of November 2025.
____________________________________
Maria Pacheco
Mayor
7 Section 3, Item B.

WORLD TOWN PLANNING DAY 2025
WHEREAS, the International Organization for World Town Planning Day was founded in 1949 to advance public and professional interest in planning both locally and abroad and to promote broad-based awareness, participation, and support for community planning among the general public and all government agencies; and
WHEREAS, this year’s theme is With Planning We Can!, and through this statement, we celebrate the change and growth that have led to positive impacts for all states, regions, counties, cities, and towns; and
WHEREAS, the community planning process is intended to empower residents to be involved in making meaningful contributions that set pathways for the prosperous future of Kerman; and
WHEREAS, with thoughtful community planning, we can help manage and direct change and growth in a way that provides better choices for how people live, work, and play in Kerman; and
WHEREAS, we recognize the vital role planning professionals play in fostering a sound and sustainable community that enhances both the natural environment and built space; NOW, THEREFORE, BE IT PROCLAIMED, the City Council of the City of Kerman, do hereby recognize November 8th, 2025, as World Town Planning Day, and urge all citizens to learn more about the planning industry, its professionals, and how everyone can be part of the planning process.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, October 22, 2025 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:01 p.m.

B. Roll Call - All present except Councilmember Herrera.

C. Invocation - Performed by Mayor Pacheco
D. Flag Salute – Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Item 7.B is pulled to be discussed at a future meeting.

Motion to approve agenda, excluding Item 7.B, made by Councilmember Hall and Seconded by Mayor Pro Tem Yep.

Ayes: Hall, Yep, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Proclamation - Domestic Violence Awareness Month - Presented by Chief Wilkins to Marjoree Mason Center representatives Tiffany and Laura.

B. Proclamation - Breast Cancer Awareness Month - Presented by Lieutenant Barcoma.

C. Proclamation - Code Enforcement Officer Appreciation Month - Presented to Code Enforcement Officer Ruth Belmonte.

4. PUBLIC FORUM - None.
9 Section 5, Item A.

5. CONSENT CALENDAR
A. SUBJECT: Minutes - September 24, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 32941-33152 $2,017,554.82 ACH $217,435.03.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
8/31/25 to 9/13/25: $272,448.25; Retro Pay & Other: $570.50; Overtime: $29,959.64; Holiday:
$1,497.33; Standby: $1,846.68; Comp Time Earned: 105.75 9/14/25 to 9/27/25: $269,663.49; Retro Pay & Other: $0.00; Overtime: $15,079.22; Holiday:
$0.00; Standby: $2,480.75; Comp Time Earned: 49.10
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report Ending August 31, 2025 (JA) RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Contract Agreement with Civic Plus for City Website and Support Services (JA) RECOMMENDATION: Council by motion adoption resolution approving new agreement with Civic Plus for City website and support services and authorizing the City Manager to sign the agreement. Res. 25-74
F. SUBJECT: Resolution Accepting the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032) and Authorizing Filing of the Notice of Completion (JG) RECOMMENDATION: Council by motion adopt the resolution accepting the Downtown Corridor Revitalization Project - Phase 1, Federal Project No. CCL-5291(032) and authorizing the City Engineer to record the Notice of Completion. Res. 25-75 G. SUBJECT: Modification of Job Descriptions for Account Clerk I and Account Clerk II in Finance Department (JA)
RECOMMENDATION: Council by motion adopt resolution amending the job descriptions for the Account Clerk I and Account Clerk II positions in the Finance Department. Res. 25-76 10 Section 5, Item A.

H. SUBJECT: Consideration of Resolution Approving Updated Emergency Operations Plan (JAJ) RECOMMENDATION: Council by motion adopt a resolution approving updated Emergency Operations Plan. Res. 25-77
Motion made by Mayor Pro Tem Yep and Seconded by Councilmember Hall.

Ayes: Yep, Hall, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1

6. PUBLIC HEARINGS - Opened - 6:27 p.m.

A. SUBJECT: Public Hearing and Authorization of Submission of Application for Community Development Block Grant Funds for Program Year 2026-2027 (JG) RECOMMENDATION: Council conduct a Public Hearing and adopt the resolution authorizing the submission of an application for Community Development Block Grant (CDBG) funds for Program Year 2026-2027 for Solar Streetlight Improvements. Res. 25-78 Public Hearing Closed - 6:37 p.m.

Motion made by Mayor Pro Tem Yep and Seconded by Councilmember Dhaliwal.

Ayes: Yep, Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1
Opened - 6:39 p.m.

B. SUBJECT: Public hearing regarding General Plan Amendment (GPA 2023-02), Rezone (REZ 2023- 03), Tentative Parcel Map (TPM 2024-01), Tentative Subdivision Map (TSM 2023-03), Annexation (ANX 2023-03), and Mitigated Negative Declaration (SCH No. 2025060904) pertaining to two (2) parcels located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (APNs 020-120-06 and 020-120-03S) (JJ) RECOMMENDATION: The Kerman City Council conduct a public hearing, deliberate, and:

1. A resolution of the City Council of the City of Kerman (1) adopting the findings required by 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 11 Section 5, Item A.

Numbers (APN) 020-120-06 (9.64 acres) to MU – Mixed Use and MDR – Medium Density Residential (southwest corner of West Nielen Avenue and North Madera Avenue); and

2. Introduce by title only an ordinance of the City Council of the City of Kerman approving Rezone 2023-03 to amend the official zoning map of the City of Kerman for two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), pre-zoning the parcels consistent with the proposed land use designations, resulting in approximately 30.39 acres within the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5), 8.74 acres within the Mixed Use District, totaling approximately 39.13 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Rezone 2023-03).

Res. 25-79
At 6:47 p.m., Mayor Pacheco recused herself in compliance with the Levine Act. Mayor Pro Tem Yep conducted the meeting for this item only at 6:50 p.m.

Comments in support of the item were provided by Mr. Skinner and Mr. Gill.

Public Hearing Closed - 7:27 p.m.

Motion made by Councilmember Dhaliwal and Seconded by Councilmember Hall.

Ayes: Dhaliwal, Hall, Yep
Noes: None
Abstain: Pacheco

Absent: Herrera
Motion passes 3-0-1-1
Mayor Pacheco returned at 7:30 p.m.

7. DEPARTMENT REPORTS
A. SUBJECT: Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code By Reference (JJ) RECOMMENDATION: City Council introduce Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code by Reference, waive full reading, and set the date for the required public hearing for November 12, 2025.

Motion made by Mayor Pro Tem Yep and Seconded by Councilmember Hall.

Ayes: Yep, Hall, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1
12 Section 5, Item A.

B. SUBJECT: Consideration of Professional Services Agreement with els Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center (TJ) RECOMMENDATION: Council by motion adopt a resolution approving the Kerman Area MultiGenerational Resiliency Center Architectural Design Services Agreement with els Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center located at 15100 W. Kearney Blvd. for $1,228,725.00 and authorize the City Manager to execute the agreement.

Item 7.B pulled.

C. SUBJECT: Consideration of Updated Ordinance Relating to Purchasing System and Repeal of Resolutions 89-06, 97-06, 08-57, 14-64 and 15-49 Regarding Surplus Property (JA) RECOMMENDATION: Council by motion (i) waive the full reading and introduce ordinance repealing Chapters 3.20 and adopting new Chapter 3.20 relating to the City’s purchasing system and (ii) adopt resolution repealing Resolution Nos. 89-06, 97-06, 08-57, 14-64 and 15-49 regarding Surplus Property. Res. 25-83
Legal Counsel noted the following corrections:

On page 226, subsection 2(d), there is a discrepancy in the referenced amount. Both the written amount and the parenthetical should be corrected to $235,000.

On page 233, Item B1, regarding the issuance of credit cards, the position listed as Human Resources Manager should be corrected to Human Resources Officer.

Motion made by Mayor Pro Tem Yep and Seconded by Councilmember Hall.

Ayes: Yep, Hall, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: Herrera
Motion passes 4-0-0-1

8. CITY MANAGER/STAFF COMMUNICATIONS

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

10. CLOSED SESSION - 7:43 p.m.

A. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Mayor Pro Tem Yep Unrepresented Employee: City Manager
13 Section 5, Item A.

Reconvened at 8:02 p.m. with direction for the City Attorney to prepare an amendment to the City Manager’s Employment Agreement and place a discussion item on the agenda for the November 12th Council meeting.

11. ADJOURNMENT - 8:02 p.m.

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

Date: October 23, 2025 /s/ Marisol Camacho, Deputy Clerk 14 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
10/31/2025 4:38 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
33153 10136 DIVISION OF THE STATE ARCHITECT 10/14/2025 116.80 Total for 10/14/2025: 116.80
33154 10033 AMERICAN WATER WORKS ASSOC 10/15/2025 539.00 33155 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 10/15/2025 3,968.37 33156 12886 ANTOJITOS SHERLYN 10/15/2025 60.00
33157 12883 APEX TRAINING SOLUTIONS 10/15/2025 2,000.00 33158 10040 AT&T MOBILITY 10/15/2025 4,223.63
33159 10056 BOGIE'S PUMP SYSTEMS 10/15/2025 750.00
33160 12348 BRADY INDUSTRIES 10/15/2025 472.35
33161 10218 JEANNA BURDINE-SLAVEN 10/15/2025 80.00
33162 10617 C A REDING CO INC 10/15/2025 167.17
33163 11633 FAVIOLA CARDENAS 10/15/2025 60.00
33164 10082 CARROT-TOP INDUSTRIES INC 10/15/2025 522.28 33165 12315 CENTRAL CALIFORNIA SPCA 10/15/2025 485.00
33166 12560 CITY OF FRESNO POLICE REGIONAL TRAINING CENTER 10/15/2025 1,246.00 33167 10452 CITY OF FRESNO WMD 10/15/2025 682.00
33168 10564 CITY OF KERMAN 10/15/2025 714.60
33169 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 10/15/2025 750.57 33170 11874 CSG CONSULTANTS INC 10/15/2025 8,872.50
33171 10128 DEPARTMENT OF JUSTICE 10/15/2025 639.00
33172 10524 DUNN EDWARDS 10/15/2025 965.40
33173 12521 EDIS 10/15/2025 6,557.61
33174 10157 FERGUSON ENTERPRISES INC 10/15/2025 573.17
33175 BP-FREE1 FREEDOM FOREVER NORTHERN CALIFORNIA LLC 10/15/2025 375.87 33177 10161 FRESNO COUNTY TREASURER 10/15/2025 841.00
33178 10162 FRESNO COUNTY TREASURER 10/15/2025 25,711.44 33179 10163 FRESNO DISTRIBUTING CO 10/15/2025 194.63
33180 10169 FRESNO PET CEMETERY 10/15/2025 400.90
33181 10440 GLASS CENTERS 10/15/2025 515.26
33182 10185 GRAINGER 10/15/2025 133.69
33183 11358 GREAT AMERICA FINANCIAL SERVICES10/15/2025 369.55 33184 11468 GREEN HILLS NURSERY INC 10/15/2025 685.86
33185 10193 HAVENS SECURITY INC 10/15/2025 577.46
33186 12884 ARTURO HERNANDEZ 10/15/2025 300.00
33187 10201 HORIZON 10/15/2025 980.61
33188 10485 JP AIR CONDITIONING & HEATING 10/15/2025 1,560.00 33189 10238 KERMAN UNIFIED SCHOOL DIST 10/15/2025 750.41 33190 12882 LASSEN COMMUNITY COLLEGE 10/15/2025 97.88
33191 12890 JOSEPH LEYVA 10/15/2025 450.00
33192 10335 MADERA FORD 10/15/2025 437.37
33193 12881 MINERAL KING PUBLISHING INC 10/15/2025 279.00 33194 11965 MISSION UNIFORM SERVICE 10/15/2025 2,963.75 33195 11743 MV TRANSPORTATION INC 10/15/2025 290.00
33196 10282 OFFICE DEPOT 10/15/2025 8,441.94
33197 10286 O'REILLY AUTOMOTIVE INC 10/15/2025 5,632.97 AP Checks by Date - Summary by Check Date (10/31/2025 4:38 PM) Page 1 15 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33198 11883 OR-TEC 10/15/2025 366.00
33199 10289 P.G.& E. 10/15/2025 5,197.93
33200 12888 JOAN PAINE 10/15/2025 78.75
33201 12891 ALEX PALMA 10/15/2025 60.00
33202 12026 PRECISION CIVIL ENGINEERING INC 10/15/2025 5,367.50 33203 12808 QUADIENT FINANCE USA INC 10/15/2025 779.06
33204 12053 R & L MUSIC ENT 10/15/2025 225.00
33206 10319 RENO'S HARDWARE 10/15/2025 635.44
33207 11006 RIGHT NOW PHLEBOTOMY 10/15/2025 125.00
33208 10986 ROTARY CLUB OF KERMAN 10/15/2025 60.00
33209 10328 SAFETY NETWORK 10/15/2025 810.00
33210 12475 SAN JOAQUIN PEST CONTROL 10/15/2025 758.00
33211 12885 SAUL RIOS 10/15/2025 60.00
33212 10337 SLUMBERGER LUMBER 10/15/2025 3,260.10
33213 12368 SPECIALTY HOSE EXPRESS LLC 10/15/2025 19.53 33214 12347 SUPER SMART SHOPPERS 10/15/2025 191.89
33215 11460 SUPERIOR POOL PRODUCTS LLC 10/15/2025 1,099.99 33216 10015 THE ADVANCE GROUP INC 10/15/2025 204.38
33217 10754 THE HOME DEPOT PRO-SUPPLY WORKS10/15/2025 1,616.88 33218 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 10/15/2025 82.50 33219 10391 VALLEY FARM SUPPLY STORES 10/15/2025 3,381.21 33220 10406 WEST HILLS OIL INC 10/15/2025 8,156.98
Total for 10/15/2025: 118,854.38
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 10/20/2025 10,282.12 ACH 10517 FEDERAL TAXES PAYROLL 10/20/2025 62,611.87
ACH 10518 KERMAN POLICE OFFICERS ASSN 10/20/2025 878.25 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN10/20/2025 255.00 ACH 10520 ICMA-RC 10/20/2025 4,945.34
ACH 10522 CALPERS 10/20/2025 46,116.74
Total for 10/20/2025: 125,089.32
ACH 10522 CALPERS 10/23/2025 55,815.49
33221 10008 A-C ELECTRIC COMPANY 10/23/2025 597.71
33222 10021 ALERT O LITE 10/23/2025 47.00
33223 10504 AUTOZONE 10/23/2025 62.71
33224 BP-BAL BAL GENERAL CONSTRUCTION 10/23/2025 3,280.30 33225 12775 BIO-BARGE COMPANY LLC 10/23/2025 20,989.58
33226 11917 BLAIS & ASSOCIATES LLC 10/23/2025 2,559.00
33227 10054 BLUE SHIELD OF CALIFORNIA 10/23/2025 81,592.66 33228 12880 MICHAEL BRADY 10/23/2025 700.00
33229 10078 CALIFORNIA STATE DISBURSEMENT 10/23/2025 207.69 33230 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 10/23/2025 161.53 33231 10088 CEN-CAL REFRIGERATION INC 10/23/2025 1,649.65 33232 10092 CENTRAL VALLEY TOXICOLOGY INC 10/23/2025 231.00 33233 10564 CITY OF KERMAN 10/23/2025 115.00
33234 12871 CLOVIS TRUCK CENTER 10/23/2025 1,271.27
33235 12557 DENCO WELDING 10/23/2025 120.00
33236 10128 DEPARTMENT OF JUSTICE 10/23/2025 420.00
33237 12662 FRESNO CHAMBER OF COMMERCE 10/23/2025 850.00 33238 12893 GARON WYATT INVESTIGATIVE SERVICES LLC 10/23/2025 4,011.19 33239 11358 GREAT AMERICA FINANCIAL SERVICES10/23/2025 330.28 33240 10201 HORIZON 10/23/2025 970.37
33241 10211 INTERNAL REVENUE SERVICE 10/23/2025 119.97
33242 11142 KIMBALL MIDWEST 10/23/2025 810.88
AP Checks by Date - Summary by Check Date (10/31/2025 4:38 PM) Page 2 16 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33243 10250 LIEBERT CASSIDY WHITMORE 10/23/2025 97.00
33244 11096 LOZANO SMITH LLP 10/23/2025 158.00
33245 12881 MINERAL KING PUBLISHING INC 10/23/2025 567.00 33246 12851 NORTH AMERICAN RESCUE LLC 10/23/2025 10,439.31 33247 10282 OFFICE DEPOT 10/23/2025 132.13
33248 10289 P.G.& E. 10/23/2025 181,184.31
33249 12523 PAMOIST PET HOSPITAL 10/23/2025 621.00
33250 12026 PRECISION CIVIL ENGINEERING INC 10/23/2025 65,078.75 33251 10309 PROFORCE LAW ENFORCEMENT 10/23/2025 1,008.01 33252 10315 QUINN COMPANY 10/23/2025 37.98
33253 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 10/23/2025 543.32 33254 12894 LORENA RUBIO 10/23/2025 10.00
33255 11650 SITEONE LANDSCAPE SUPPLY, LLC 10/23/2025 2,791.87 33256 11907 SPRINGBROOK HOLDING COMPANY LLC10/23/2025 42.00 33257 10345 STATE OF CALIFORNIA 10/23/2025 57.20
33258 10357 TAYLOR MADE IRRIGATION 10/23/2025 21.90
33259 12892 TONY'S FRESH MARKET 10/23/2025 175.90
33260 12290 VERIZON 10/23/2025 106.04
33261 10401 WALLYS TIRE AND WHEEL 10/23/2025 992.48
33262 10413 YAMABE & HORN ENGINEERING INC 10/23/2025 158,062.15 Total for 10/23/2025: 599,039.63
ACH 10644 US BANK EQUIPMENT FINANCE 10/24/2025 710.78
Total for 10/24/2025: 710.78
33263 10021 ALERT O LITE 10/29/2025 471.48
33264 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 10/29/2025 1,923.60 33265 12538 AMERITAS GROUP INSURANCE CORP- DENTAL FEES 10/29/2025 1,339.00 33266 10617 C A REDING CO INC 10/29/2025 309.47
33267 12266 BIANCA CASTILLO 10/29/2025 150.00
33268 12707 SULEMA CHILDERS 10/29/2025 150.00
33269 11259 CIVIC PLUS INC 10/29/2025 5,000.00
33270 10103 COLONIAL LIFE 10/29/2025 781.31
33271 12657 CRAFCO, INC 10/29/2025 5,622.64
33272 10114 CROWN SHORT LOAD CONCRETE 10/29/2025 1,993.15 33273 10133 DEPARTMENT OF TRANSPORTATION 10/29/2025 3,318.39 33274 10137 DMV REGISTRATION 10/29/2025 96.00
33275 10524 DUNN EDWARDS 10/29/2025 652.26
33276 12896 PAM FONSECA 10/29/2025 22.00
33277 10163 FRESNO DISTRIBUTING CO 10/29/2025 849.29
33278 10169 FRESNO PET CEMETERY 10/29/2025 259.50
33279 10166 FRESNO-MADERA AGENCY ON AGING 10/29/2025 6.27 33280 10185 GRAINGER 10/29/2025 155.37
33281 11358 GREAT AMERICA FINANCIAL SERVICES10/29/2025 592.84 33282 11468 GREEN HILLS NURSERY INC 10/29/2025 436.11
33283 10514 ICAD INC 10/29/2025 650.00
33284 12899 STACY JOBINGER 10/29/2025 60.00
33285 11923 JOE A GONSALVES & SON 10/29/2025 1,250.00
33286 12171 KINGS WATER ALLIANCE 10/29/2025 8,399.00
33287 10252 LITHIA FORD OF FRESNO 10/29/2025 137.34
33288 10272 MUTUAL OF OMAHA 10/29/2025 3,407.66
33289 10281 NORTH CENTRAL FIRE PROT DIST 10/29/2025 500.00 33290 10282 OFFICE DEPOT 10/29/2025 836.88
33291 10289 P.G.& E. 10/29/2025 5,003.64
33292 12888 JOAN PAINE 10/29/2025 66.18
AP Checks by Date - Summary by Check Date (10/31/2025 4:38 PM) Page 3 17 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33293 12524 R&S ERECTION TRI-COUNTY INC 10/29/2025 573.50 33294 12889 ARNULFO RAMIREZ 10/29/2025 150.00
33295 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 10/29/2025 271.66 33296 12475 SAN JOAQUIN PEST CONTROL 10/29/2025 105.00
33297 10862 SIGNMAX 10/29/2025 888.22
33298 11650 SITEONE LANDSCAPE SUPPLY, LLC 10/29/2025 2,282.35 33299 11460 SUPERIOR POOL PRODUCTS LLC 10/29/2025 417.27 33300 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC10/29/2025 146.03 33301 10360 TERRY JOHNSON TRUCKING 10/29/2025 751.86
33302 10754 THE HOME DEPOT PRO-SUPPLY WORKS10/29/2025 139.35 33303 11502 TIREHUB LLC 10/29/2025 971.36
33304 11914 TULARE COUNTY SHERIFFS OFFICE 10/29/2025 900.00 33305 10378 ULINE INC 10/29/2025 811.83
33306 12898 LIZBETH VILLACANA 10/29/2025 150.00
33307 12897 JOSIE VILLEGAS 10/29/2025 150.00
33308 11328 VSS INTERNATIONAL 10/29/2025 261,306.92
33309 10401 WALLYS TIRE AND WHEEL 10/29/2025 992.48
33310 10406 WEST HILLS OIL INC 10/29/2025 6,896.05
33311 12267 IRENE ZAMORA 10/29/2025 150.00
Total for 10/29/2025: 322,493.26
33312 10419 ZIM INDUSTRIES INC 10/30/2025 20,731.35
Total for 10/30/2025: 20,731.35
Report Total (166 checks): 1,187,035.52
AP Checks by Date - Summary by Check Date (10/31/2025 4:38 PM) Page 4 18 Section 5, Item B.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 257,648.81 $ 4,651.57 108.39 $ 5,077.16 0.00 $ - 90.75 $ 1,809.16 $ 269,186.69 37.13 PAY PERIOD: September 28, 2025 - October 11, 2025
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

Page 1 ends

19 Section 5, Item C.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 261,465.99 $ 4,366.90 $ 179.10 $ 9,754.79 $ - $ - $ 73.00 $ 2,010.01 $ 277,597.70 $ 91.88 PAY PERIOD: October 12, 2025 - October 25, 2025
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

Page 1 ends

20 Section 5, Item C.

Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 (243,000.00) - - 6,124.93 Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 (245,000.00) - - 4,432.15 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 (249,000.00) - - 627.62 Bank of Hapoalim B M New York 615-030525-245 5.05% 4/24/24 10/29/25 200,000.00 200,000.00 200,052.00 - Flagstar Bank National Association 615-030525-245 5.20% 6/11/24 1/13/26 243,000.00 243,000.00 243,690.12 - US Government Bonds
Federal Home Loan Bank 615-030525-245 5.00% 10/29/24 10/30/29 500,000.00 (500,000.00) - - 6,250.00 Federal Home Loan Bank 615-030525-245 4.80% 5/28/25 5/15/28 500,000.00 (500,000.00) - - 5,133.33 Federal Home Loan Bank 615-030525-245 4.50% 6/30/25 6/23/28 280,000.00 (280,000.00) - - 2,905.00 Federal Home Loan Bank 615-030525-245 4.50% 3/24/25 3/24/28 251,000.00 (251,000.00) - - 5,647.50 Federal Home Loan Bank 615-030525-245 4.75% 10/30/24 10/30/29 500,000.00 500,000.00 499,310.00 - Federal Home Loan Bank 615-030525-245 4.50% 1/30/25 7/30/27 500,000.00 500,000.00 499,435.00 11,250.00 Federal Home Loan Bank 615-030525-245 5.00% 5/28/25 5/14/30 500,000.00 500,000.00 499,480.00 - Federal Home Loan Bank 615-030525-245 4.50% 7/30/25 7/28/28 500,000.00 500,000.00 500,200.00 - Federal Home Loan Bank 615-030525-245 4.55% 8/19/25 2/19/26 500,000.00 500,000.00 500,400.00 Federal Home Loan Bank 615-030525-245 4.20% 9/24/25 9/13/30 750,000.00 750,000.00 748,837.50 Federal Home Loan Bank 615-030525-245 4.52% 5/7/25 11/7/28 503,000.00 503,000.00 502,577.48 - United Security Bank CD
United Security Bank 1317802 4.75% 2/2/24 2/2/26 250,000.00 250,000.00 250,000.00 - United Security Bank 1317802 4.75% 6/27/24 6/27/26 250,000.00 250,000.00 250,000.00 - Average Rate 4.71%
Total CD's 5,214,000.00 (518,000.00) - 4,696,000.00 4,693,982.10 42,381.74 Securities America Sweep Program
Beginning Balance 67.00 67.00
Transfers In/(Out) 7/1-7/31/25 19,482.01 19,482.01
8/1-8/31/25 (19,549.01) (19,549.01)
9/16-9/30/25 537,687.20 537,687.20

67.00 537,620.20 - 537,687.20 537,687.20 -
Local Agency Investment Fund
Beginning Balance 98-10-400 18,458,212.85 18,458,212.85 - Interest 4.40% 7/15/25 202,228.94 202,228.94 202,228.94 - -
Transfers In/(Out) -
-
-
Total - LAIF 4.40% 18,458,212.85 202,228.94 - 18,660,441.79 18,660,441.79 202,228.94 21 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of September 30, 2025 6/30/2025 6/30/2026 FY to Date Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Central Valley Money Market Acct 015030960
Beginning Balance 3,649,281.76 3,649,281.76
Interest 7/31/25 247.95 247.95 247.95
8/31/25 231.97 231.97
9/30/25 255.98 255.98
- -
Transfers In/(Out) -
-
-

0.08% -
3,649,281.76 735.90 - 3,650,017.66 3,650,017.66 247.95
Subtotal All City Investments 3.06% 27,321,494.61 (315,035.16) - 27,006,459.45 27,004,441.55 244,858.63 27,321,561.61 222,585.04 - 27,544,146.65 27,542,128.75 244,858.63 Market Value Adjustment (2,017.90)
222,585.04
222,585.04

0.00 Total Investments
22 Section 5, Item D.

STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Ordinance Repealing Chapter 3.20 of the Kerman Municipal Code Relating to the City’s Purchasing System and Surplus Property (JA)
RECOMMENDATION: Council by motion waive the full second reading, adopt ordinance repealing Chapters 3.20 and adding new Chapter 3.20 relating to the City’s purchasing system by title only.

EXECUTIVE SUMMARY:

On October 22, 2025, City Council introduced by title only an Ordinance repealing Chapter 3.20 and adding new Chapter 3.20 to the Kerman Municipal Code relating to the City’s purchasing system and surplus property. City Council also adopted Resolution 25-83, which repealed Resolution Nos. 08-57, 14-54, 14-64 and 15-49 regarding surplus property as surplus property requirements are included in the City’s Purchasing Ordinance.

The City of Kerman Municipal Code Chapter 3.20 Purchasing System was last reviewed and updated in 2021. While retaining the basic framework of the current ordinance, the purpose of the proposed ordinance is to enhance the efficiency of the City’s purchasing procedures and to reflect contemporary purchasing guidelines. The proposed ordinance updates position titles in the ordinance and legal thresholds for purchases to conform to state law. It provides clearer distinctions for the procurement of goods and materials, public works construction projects and Requests for Proposals/Qualifications. A new section has been added regarding surplus property. The proposed ordinance creates efficiencies for implementation of the procurement system. It promotes maximum value and economy for the City through fair and competitive procedures. The Ordinance will be effective 30 days after approval.

DISCUSSION:

The basic framework for the proposed ordinance is basically the same as the current one.

However, we have updated the various sections so that they are clearer. For example, thresholds for the purchase of goods and supplies are very different than thresholds for public contracts. The ordinance has been crafted so that staff can more easily navigate the procedures for the different kinds of contracts. For example, an emergency purchase of equipment is different than for awarding an emergency construction contract. The monetary thresholds are also different and have been updated consistent with state law. Another example is the use of RFPs. State law mandates that RFPs be used for certain services but not others. The proposed ordinance clarifies such instances. The proposed ordinance also adds provisions for the disposal 23 Section 5, Item E.
of surplus property and updates provisions for procurement through cooperative agreements and piggyback contracts.

The proposed ordinance creates a more efficient procurement process and helps to facilitate fairness, objectivity, accountability, and transparency in purchasing. At the same time, the ordinance strives to make sure the City obtains high quality equipment, goods and services at a cost that provides the best value to the City, and encourage competition among bidders and proposers.

FISCAL IMPACT:

The ordinance will create efficiencies resulting in reduced staffing costs.

ATTACHMENTS:

A. Proposed Ordinance
24 Section 5, Item E.

Attachment ‘A’
ORDINANCE NO. 25-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN
REPEALING CHAPTER 3.20 OF TITLE 3 OF THE KERMAN MUNICIPAL CODE AND ADDING NEW CHAPTER 3.20 TO TITLE 3 OF THE KERMAN MUNICIPAL CODE RELATING TO THE CITY’S

PURCHASING SYSTEM
The City Council of the City of Kerman does ordain as follows:

SECTION 1. Chapter 3.20 of Title 3 of the Kerman Municipal Code is hereby repealed.

SECTION 2. Title 3 “Revenue and Finance” of the Kerman Municipal Code is amended by adding new Chapter 3.20 relating to the City’s Purchasing System to read as follows:

Chapter 3.20

PURCHASING SYSTEM
Sections:

3.20.010 Purpose and Implementation.

3.20.020 Expenditure Authority.

3.20.030 Designation and Responsibility of Purchasing Officer.

3.20.040 Purchasing Amount Authority and Signature.

3.20.050 Purchases for Materials, Supplies and Equipment.

3.20.060 Procedures for Public Projects.

3.20.070 Cooperative Purchasing Agreements and Piggyback Purchases.

3.20.080 Prevailing Wages and Public Works Projects.

3.20.090 Requests for Proposals and Requests for Qualifications.

3.20.100 Standing Supply Purchase Agreements and Master Service Agreements.

3.20.110 Conflict of Interest.

3.20.120 Credit Card Purchasing Policy.

3.20.130 Surplus Supplies and Equipment.

3.20.010 Purpose and Implementation.

A. Title. This chapter shall be known as the City of Kerman Purchasing Ordinance (“Purchasing Ordinance”). It is also referenced herein as “chapter.” The purpose of this Purchasing Ordinance is to establish efficient procedures for the purchase of supplies, equipment and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to define purchasing authority and to assure the quality of purchases.

B. Compliance with Laws. The adoption of this purchasing ordinance is intended to meet the requirements of state law including but not limited to the following: (1) Government Code 25 Section 5, Item E.

Sections 54201 to 54205 regarding the purchase of supplies and equipment; (2) Public Contract Code Sections 20160 to 20174 regarding City public works construction projects; (3) Public Contract Code Sections 22000 to 22045 regarding the Uniform Public Construction Cost Accounting Act; (4) Government Code Section 4526 regarding professional services; (5) Labor Code requirements for prevailing wages; and (6) other applicable laws.

C. Superseding Procurement Requirements. The procurement requirements under this Purchasing Ordinance shall be followed. However, in the event stricter procurements are required by state or federal law or by a state or federal funding source, those requirements shall be met to ensure funding compliance.

D. Administrative Purchasing Policy. The City’s purchasing functions shall be governed by this purchasing ordinance and by the City’s administrative purchasing policy which shall be established by the City Manager, both as may be amended from time to time. The administrative purchasing policy shall be consistent with this ordinance. The administrative purchasing policy may supplement and amplify the provisions of this ordinance and will contain administrative requirements, responsibilities and updated best practices to meet the City’s needs.

3.20.020 Expenditure Authority.

Purchase and contract expenditures must be authorized in the City’s annual budget or pursuant to amendment to the annual budget approved by the City Council.

3.20.030 Designation and Responsibility of Purchasing Officer.

A. Designation. The City Manager shall be designated as the Purchasing Officer. The City Manager may delegate his or her authority as Purchasing Officer to another City employee. Such designation must be made in writing and specifically delegate to that person the responsibility of purchasing officer under this chapter.

B. Purchasing Officer Authority. The Purchasing Officer shall have authority to:

1. Purchase or contract for supplies, equipment and services required by City in accordance with purchasing procedures prescribed by this purchasing ordinance, the administrative purchasing policy and any requirement as shall be prescribed by state or federal funding agencies.

2. Negotiate and recommend execution of contracts for the purchase of supplies, equipment and services at least expense to the City.

3. Act to procure for the City the needed quality in supplies, equipment and services at least expense to the City.

4. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on purchases.
26 Section 5, Item E.

5. Prepare and recommend to the City Council revisions and amendments to the purchasing ordinance.

6. Prescribe and maintain the forms as are necessary to the operation of the purchasing ordinance and other laws.

7. Supervise the inspection of all supplies, equipment and services purchased to ensure conformance with specifications.

8. Maintain a bidders list, vendors catalog file and records needed for the efficient operation of the purchasing system.

9. Require that department heads verify and ensure purchases are made in accordance with the purchasing system and with state or federal funding sources. (Ord. 21-03 §3, 2021).

3.20.040 Purchasing Amount Authority and Signature.

A. City Manager. Purchases and contracts of less than thirty thousand dollars ($30,000) may be awarded and signed by the City Manager unless the City Council expressly reserves approval on a particular purchase or contract or the City Manager requests Council approval.

B. City Council. If the amount of any purchase or contract is thirty thousand dollars ($30,000) or more, the contract shall be awarded by the City Council and signed by the Mayor unless a resolution authorizes the City Manager to sign the contract.

3.20.050 Purchases for Materials, Supplies and Equipment.

A. Procedures for Specific Amounts. The following procedures shall be followed when purchasing or leasing materials, supplies, or equipment:
$0 to $1,000--The purchasing officer shall ensure that the City pays fair prices and receives commensurate value for amounts expended.
$1,001 to $10,000--Price quotes must be solicited, either verbally or in writing, from a minimum of three vendors, if available. The low price quote must be confirmed in writing. $10,001 to $75,000--Written specifications describing the delivery schedule, materials, supplies and equipment must be prepared. Price quotes must be solicited in writing from a minimum of three vendors, if available. The low price quote must be confirmed in writing.
$75,000 or higher--Informal bidding requirements which will include: (i) written specifications describing the delivery schedule, materials, supplies and equipment; (ii) published notice in the newspaper at least 10 days before bid opening; (iii) posted notice on City’s website; (iv) solicitation of sealed bids from prospective suppliers whose names are on a bidders’ list maintained by the Purchasing Officer. 27 Section 5, Item E.

B. Factors for Award. The City is not required to award to the lowest bidder in purchases of over ten thousand ($10,000) or more as other factors may be considered. The City may award to the best qualified vendor. In determining “best qualified vendor” as used in this section 3.20.50, consideration is to be given to quality and performance of the goods and supplies, equipment or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining best qualified vendor includes, but is not limited to, the following:

1. The cost or best value of the goods and supplies, equipment, or materials;

2. The ability, capacity and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, or materials requested;

3. The ability of vendor to provide the goods and supplies, equipment, or materials, promptly or within the time specified and without delay; and

4. The quality of vendor’s performance on previous purchases or contracts by City.

C. Purchase Order or Contract Required. Purchases of supplies, equipment and services of ten thousand dollars or more shall be made only by written purchase order or contract.

D. Standing Supply Purchase Agreements. Standing supply purchase agreements may be entered into with specific vendors for purchase of repetitive-use goods, materials, equipment and/or supplies. The standing supply purchase agreements will be subject to the informal bidding procedures in Section 3.20.050A except that factors other than low price may be considered pursuant to Section 3.20.050B.

E. Sole-Source Purchases of Materials, Supplies, Equipment. In the event that there is one, and only one, source for a product in excess of one thousand dollars ($1,000), a sole-source contract may be used. When a department head wishes to make a sole-source purchase, he or she must make the findings set forth below and file such certification with the Finance Department. If the purchase exceeds the Purchasing Officer’s monetary authority to contract, a resolution making the findings set forth below must be submitted with the staff’s request for award of a contract. In order to establish a legal basis for a sole-source exception, the following statements and findings must be made:

1. A statement describing every unique or specialized feature of the product in question;

2. A statement of the department head’s efforts to locate all possible suppliers of such product;

3. A statement that, in spite of its efforts, the department head has been able to locate only one supplier of the product in question;

4. A statement that indicates the ultimate cost of the product and the process used to determine the cost of the product; and
28 Section 5, Item E.

5. A finding that it is, therefore, proper for the City to dispense with a competitive bidding requirement and to authorize the City to purchase the product in question under the sole-source exception.

F. Emergency Purchases. In the case of an emergency, the Purchasing Officer may determine to proceed with the immediate purchase of goods and supplies, equipment, or materials. The term “emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services.

1. If the dollar amount is within the City Manager’s authority, the Purchasing Officer shall promptly file in the Finance Department a signed declaration showing that emergency conditions existed and created the necessity for such action, together with an itemized account of all expenditures. A copy of such declaration shall be transmitted to the City Council.

2. If the dollar amount is above the City Manager’s authority, the Purchasing Officer shall at the next regular meeting of the City Council seek ratification of the purchase by resolution which includes the emergency conditions which existed and the immediate need to take action together with an itemized account of all expenditures.

3.20.060 Procedures for Public Projects.

A. Uniform Public Construction Cost Accounting Act Adopted. The City Council of the City of Kerman, California hereby affirms the prior election to adopt the California Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.) for the purpose of prescribing regulations governing contracts awarded by the City for public projects as defined in this section 3.20.060. However, nothing contained herein shall preclude the City from utilizing more restrictive procedures if and when required by federal or state law, or when federal or state funds are part of the contract to be awarded and the funding agency requires more restrictive procedures.

B. Definitions of Terms. As used in this section, the words, terms and phrases shall have the following meanings, as defined in Public Contract Code Section 22002, unless otherwise apparent from the context:

1. “Facility” means any plant, building, structure, ground facility, real property, street, highway, or other public works improvement.

2. “Maintenance work” includes all of the following:
a. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b. Minor repainting.
c. Resurfacing of streets and highways at less than one inch. d. Landscape maintenance, including mowing, watering, trimming, pruning, 29 Section 5, Item E.
planting, replacement of plants and servicing of irrigation and sprinkler systems.
e. Work performed to keep, operate and maintain City-owned water and water systems.

3. “Public project” means any of the following:
a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased, or operated facility.
b. Painting or repainting any publicly owned, leased, or operated facility. c. “Public project” does not include maintenance work, as defined above. d. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

C. Dollar Amount of Public Project Determines Process to Be Used. The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Public Contract Code Section 22020 et seq., without the necessity of amending this section or any subdivision herein to reflect any such adjustment.

1. Public projects of seventy-five thousand dollars ($75,000) or less may be performed by City employees by force account, by negotiated contract, or by purchase order.

2. Public projects of two hundred twenty thousand dollars ($220,000) or less may be let to contract by informal bidding procedures as set forth in subsection D of this section.

3. Public projects of more than two hundred twenty thousand ($220,000) dollars shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in subsection D of this section.

D. Procedures to Be Used for Contracts Regarding Public Projects Dependent on Dollar Amount

1. No Bidding Required. Per Public Contract Code Section 22032, public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order consistent with the procedures in Section 3.20.050(A). Contracts exceeding thirty thousand ($30,000) shall be submitted to the City Council for award.

2. Informal Bidding Procedures. Public works projects of two hundred twenty thousand dollars ($220,000) or less per subsection (C)(2) of this section shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Section 22034 et seq. of the Public Contract Code, as follows:
30 Section 5, Item E.
a. Contractors List. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. b. Notice Inviting Informal Bids. A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project and state the time and place for the submission of bids. The notice shall be mailed, not less than ten days before bids are due, to either all the contractors on the contractors list for the category of work to be bid, or to all construction trade journals specified in the California Public Contract Code Section 22036, or both, unless the product or service delivery is proprietary. c. The informal bids for public projects shall be awarded by the City Council and signed by the Mayor or by City Council designee.
d. If all bids received are in excess of two hundred and twenty thousand dollars ($220,000), the City Council may, by adoption of a resolution of four-fifths vote, award the contract, at two hundred thirty-five thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the cost estimate of the City was reasonable.

3. Formal Bidding Procedures. Public work projects of more than two hundred twenty thousand dollars ($220,000) shall be awarded pursuant to formal bidding procedures to the lowest responsive and responsible bidder in accordance with, but not limited to, the procedures set forth below. The bid package will typically include the following:
a. Notice inviting bids. Setting the time and place for receiving and opening of sealed bids and describing the contract/project.
b. Instructions to bidders. Identifying the contract documents to be considered, the availability of information, any scheduled pre-bid meetings, bid protest procedures and any other procedures to be followed for bids to be considered.
c. Publication of notice inviting bids. The notice shall be published at least fourteen calendar days prior to bid opening in a newspaper of general circulation or otherwise comply with the requirements of Cal. Public Contract Code Section 22037. The notice shall also be sent electronically, if available, and mailed to all construction trade journals specified in Public Contract Code Section 22036, at least fifteen days prior to bid opening. The notice inviting bids shall include all of the following:
i. The proposal form.
ii. Submission of sealed bids.
iii. A public bid opening.
iv. Award to the lowest, responsive and responsible bidder. v. City reservation in notice inviting bids of the right to reject any or all bids and to waive minor irregularities.
vi. Award and execution of a written contract.
vii. Reference to applicable state or federally funded project 31 Section 5, Item E.
requirements.
viii. Bid security.
ix. Performance and payment bonds.
x. Listing of subcontractors.

E. Authority to Prepare and Issue Notice Inviting Bids. The City Engineer is authorized to prepare and issue notices inviting bids and to establish such additional bidding procedures as are consistent with those stated herein.

F. Prohibition Against Splitting or Separating Projects. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this purchasing ordinance requiring work to be done by contract after competitive bidding. Under Public Contract Code Section 22033, “It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.” G. Limitation on specifications by brand or trade names. Specifications in Notices Inviting Bids for brand or trade names are prohibited under Public Contract Code Section 3400. However, this prohibition may not apply if the City makes a finding that is described in the invitation for bids or request for proposals that a particular material, product, thing, or service is designated by
specific brand or trade name for any of the purposes set forth in Public Contract Code Section 3400.

H. City Council Authority to Reject, Readvertise, or Otherwise Award.

1. In its discretion, the City Council may reject any and all bids presented under the informal and formal bidding procedures described above for public projects, if the City, prior to rejecting all bids, furnishes a written notice to the apparent low bidder. The notice shall inform the bidder of the City’s intent to reject the bid and shall be mailed at least two business days prior to the council meeting at which the City intends to reject the bid. If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates of the project, the City shall have the option of either of the following:
a. Abandoning the project or readvertising for bids in the manner described in this section.
b. By passage of a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by the employees of the City, the City may have the project done by force account without further complying with this section.

2. If the contract is awarded, it shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the City may accept the one it chooses.
32 Section 5, Item E.

3. If no bids are received through the informal or formal bidding procedures described above, the project may be performed by employees of the City by force account or by informal bidding procedures set forth above.

I. Emergencies Regarding Public Projects.

The term “emergency” as used in this section means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

1. In case of an emergency regarding a public project which requires competitive bidding, the City Council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. The resolution shall specify that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency.

2. In the event consideration of the emergency action cannot await the City Council’s determination due to the serious nature of the emergency, the City Council by a fourfifths vote hereby delegates to the City Manager the authority to order any action pursuant to paragraph (1) of subdivision I of Section 3.20.060. Such action is to be taken by the City Manager’s declaration which shall describe the emergency and specify that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency.

3. If the City Manager orders any action specified in paragraph (1) of subdivision (a), that person shall report to the City Council, at its next meeting required pursuant to this section, the reasons justifying why the emergency did not permit a delay resulting from a competitive solicitation for bids and why the action was necessary to respond to the emergency.

4. Any action taken by the City Council as specified in this section shall be reviewed by the City Council at its next regular meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.

5. If City Manager orders any action specified in this section, the City Council shall initially review the emergency action no later than seven (7) days after the action, or at its next regular meeting if that meeting will occur no later than fourteen (14) days after the action and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.

6. When the City Council reviews the emergency action pursuant to paragraph (4) or (5), it shall terminate the action at the earliest possible date that conditions warrant so that 33 Section 5, Item E.
the remainder of the emergency action may be completed by giving notice for bids to let contracts.

J. Written Contracts Required. All contracts for public projects shall be in writing; all amendments to contracts shall be in writing. The City Manager shall work with the City Attorney to ensure that the contract includes language protecting the City’s interest and language required by law. This language shall include, but is not limited to: specified term, scope of services, termination language, insurance, warranties, indemnification, non-collusion, contractor license, security, bonds, liquidated damages, change orders, retention, delays, claims process, prevailing wages and compliance with applicable laws.

K. Change Order Limits. The award of contracts for public projects shall include a recommended contingency amount not to exceed fifteen percent (15%). Any change order must be reasonably related to the scope of the original contract and based on post-award information that requires modification based on unforeseen conditions or by mutual agreement of the parties. Any change order which results in a total contract amount greater than the limits in this provision shall require City Council approval.

3.20.070 Cooperative Purchasing Agreements and Piggyback Purchases.

A. Cooperative Purchasing. The City, through the Purchasing Officer, may purchase supplies, equipment, or services (other than public projects as defined in this ordinance) through a joint powers or other cooperative purchasing program with any local, county, state, or federal public entity or entities, or any association of public agencies, including the California League of Cities, the California State Association of Counties and the National Conference of Mayors, provided that:

1. The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association; and

2. The Purchasing Officer determines that the competitive bidding or proposal process utilized is similar to that contained in this Ordinance; and

3. The Purchasing Officer determines that, as a result of cooperative purchasing, the price of the supplies, equipment, or services is likely to be lower than it would be if purchased directly by the City pursuant to this Ordinance.

B. Piggyback Purchasing. The City may utilize the purchasing practice commonly referred to as “piggyback” purchasing. The City, through the Purchasing Officer, may purchase supplies, equipment, or services without complying with the bidding or proposal procedures in this ordinance from any supplier who offers the supplies, equipment, or services at the same or better price, terms and/or conditions as the supplier previously offered to another city or other public agency as the lowest bidder pursuant to the competitive bidding or proposal process required by that city or other public agency, provided that:

1. The competitive bidding or proposal process required by that city or other public 34 Section 5, Item E.
agency is similar to that contained in this ordinance; and

2. The competitive bidding or proposal process required by that city or other public agency included all known bidders; and

3. The supplier’s bid or proposal was for like or greater quantities and a like or greater quality, of supplies, equipment, or services.

C. Information Technology Goods and Services. In accordance with Cal. Public Contract Code § 10299, the City, through the Purchasing Officer may, without formal or informal bidding, contract with suppliers who have been awarded contracts by governmental entities for the purchase of goods, information technology and services under the competitive process in Cal.

Public Contract Code §§ 12100 to 12113. Such contracts typically take the form of master agreements, price schedules, or multiple award schedules. The City may make these purchases directly from the vendors or the state may provide assistance to the City in making these acquisitions.

3.20.80 Prevailing Wages and Public Works Projects.

A. Under Labor Code Section 1771, all work performed under contract for “public works” projects of more than one thousand dollars shall be subject to prevailing wages. The Labor Code defines the term “public works project” more broadly than the Public Contract Code and Section

3.20.060. There may be instances in which bidding is not required but payment of prevailing wages is required.

B. For the purpose of determining prevailing wages, the term “public works project,” means:

1. Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part from City funds. For purposes of this subsection (B)(1), “construction” includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work. For purposes of this subsection (B)(1), “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.

2. The laying of carpet done under a building lease-maintenance contract and paid for out of public funds.

3. Street, sewer, or other improvement work done under the direction and supervision of the City.

4. Hauling refuse from a public works site to an outside disposal location.

5. Maintenance work, including routine, recurring and usual work for the preservation of a City-owned or operated facility and landscape maintenance work per Labor Code Section 1771.
35 Section 5, Item E.

C. Prevailing wage requirements do not apply to work performed by the City with its own forces.

D. The City Manager is authorized to establish guidelines for implementing prevailing wages requirements that are consistent with this section and with the Labor Code.

E. The City Manager shall designate a person to comply with the contractor registration requirements on all contracts requiring prevailing wages.

3.20.090 Requests for Proposals and Requests For Qualifications.

Procurements under a Request for Proposal (RFP) or Request for Qualifications (RFQ) are appropriate for services that are not subject to legal public bidding requirements and are not public projects as defined in Section 3.20.060. Such procurements may include consulting services, professional services, maintenance services and other services as described in this section.

A. Use of RFP or RFQ. If a state or federal funding source requires an RFP or RFQ process, the City shall comply with said process to secure funding. If there are no statutory or funding condition requirements that specify use of an RFP or RFQ, selection is based on the nature of the procurement. For example, an RFP is the preferred option for project-based procurement where the specific scope of services is known in advance and one of the primary criteria will be the best lump sum price for providing services (although experience and qualifications may also be considered). An RFQ is often preferable for ongoing or on-call professional or consulting services where there is not a single defined project and the qualifications and experience of the consultant are the primary criteria (although hourly rates may also be considered).

B. RFP/RFQ Required By Law or Funding Source.

1. Architectural and Engineering Services. Per Cal. Gov’t Code § 4529.12, all architectural and engineering services shall be procured pursuant to a fair competitive selection process. Therefore, an RFP/RFQ process must be followed.

The term “architectural and engineering services” includes all architectural, landscape architectural, environmental, engineering, land surveying and construction project management services (see Cal. Gov’t Code § 4529.10).

2. Funding Source Requirement. The City shall comply with county, state, or federal funding source requirements for use of an RFP/RFQ.

C. Other RFPs and RFQs.

1. Professional/Consultant Services. The City may contract with any specially trained and experienced persons, firms or corporations for special services and advice in financial, economic, accounting, legal or administrative services. Selection shall be on the basis of demonstrated competence, on the professional qualifications 36 Section 5, Item E.
necessary for the satisfactory performance of the services required and at a fair and reasonable price to the City. To obtain the best competitive value for services, the City may employ an RFP or RFQ process dependent on nature of the services, complexity, estimated cost and immediate needs as determined by the City Manager.

2. Master Service Agreements. Master service agreements may be entered into with specific vendors for support services on an “as needed” basis pursuant to an RFP process

3.20.100 Standing supply purchase agreements and master service agreements.

A. Standing supply purchase agreements may be entered into with specific vendors for purchase of repetitive-use goods, materials, equipment and/or supplies common to one or several departments. The standing supply purchase agreements will be subject to the informal bidding procedures in Section 3.20.060D except that factors other than low price may be considered.

B. Master service agreements may be entered into with specific vendors for support services on an “as needed” basis. The master service agreements will be subject to a request for proposal process as set forth in the City’s administrative purchasing policy.

3.20.110 Conflict of interest.

No person shall recommend, participate in any contract evaluation, selection, purchase, or lease which would constitute a conflict of interest defined in the City conflict of interest code or applicable state law.

3.20.120 Credit Card Purchasing Policy.

A. Credit Card Policy.

1. This section shall be deemed the City’s credit card purchasing policy.

2. The Finance Director shall be responsible for the City’s credit card issuance, accounting, monitoring, retrieval and for general oversight of compliance with this credit card use policy.

3. Credit cards may be used for the purchase of goods and services that are for the official business of the City when standard accounts payable procedures cannot be utilized. Examples include fuel purchases, travel-related expenses, conference registration fees and purchases wherein vendor requires immediate payment and the purchase is immediately necessary for City business.

4. City credit cards may be used only by those authorized and only for the purchase of goods or services for the official business of the City.

5. Purchases made via the credit card must comply with the City’s purchasing and expenditure policies. The card in no way changes such policies.

6. The Finance Department will follow established accounts payable internal control 37 Section 5, Item E.
procedures for approval, documentation and payment of credit card charges.

7. Unauthorized use of a City credit card shall result in disciplinary measures to the fullest extent of the law.

B. Procedures.

1. Issuance of Credit Cards.
a. Credit cards may be issued to the City Manager, Finance Director, Police Chief, Lieutenant, Community Services Director, Community Development Director, Public Works Director, Human Resources Officer and City Clerk.

Only one card will be issued in an individual’s name. Cards are nontransferable. It is understood that each individual issued a credit card may designate support staff to process credit card purchases. b. The Finance Director may authorize credit card purchases of up to two thousand five hundred dollars. Contracts and purchases in excess of that amount which have been authorized by the Finance Director may be paid with credit cards if specifically authorized by City Manager. The authorized credit limit of each credit card issued by the City shall not exceed five thousand dollars.

2. Card Holder Responsibilities and Liability.
a. Each credit card holder must comply with the following requirements:
i. Ensure the card is used only for legitimate City business purposes. ii. Maintain the card in a secure location at all times. iii. Not allow other individuals to use the card.
iv. Adhere to City purchase limits and restrictions as set forth in this chapter and as required by the City Manager.
v. Submit documentation to the Finance Director including sales slips, register receipts and/or credit card slips and other documentation detailing the goods or services purchased, the cost of the goods or services, the date of the purchase and the official business for which it was purchased. Such documentation shall be submitted within five days of purchase.
vi. Attempt to resolve disputes related to billing errors with a vendor directly or in conjunction with the Finance Department. vii. Ensure that the appropriate credit is issued for disputed items or billing errors on a subsequent credit card statement.
viii. Immediately report a lost or stolen card to the card issuer and notify the Finance Director of the lost or stolen card at the first opportunity available.
ix. Return the card to the Finance Director upon termination of employment with the City.
b. Card Holder Liability. The credit card is a corporate charge card that will not affect the card holder’s personal credit; however, it is the card holder’s responsibility to ensure that the card is used within stated guidelines, 38 Section 5, Item E.
policies and procedures of the City. Failure to comply with program guidelines may result in the permanent revocation of the card, chargeback of an improper or unsupported transaction to the card holder for reimbursement to the City, notification of the situation to management and further disciplinary measures, which may include termination.

3.20.130. Surplus Supplies and Equipment
A. Definitions.

1. “Surplus City property” means supplies or equipment belonging to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use.

2. “Immediate family” includes spouses, registered domestic partners, parents, children, siblings, grandchildren, grandparents, uncles, aunts, nieces and nephews by blood or marriage.

B. Duty to report surplus equipment and supplies. Departments shall submit to the Purchasing Officer, at such times and in such forms as prescribed, reports listing all available surplus City property. The Purchasing Officer shall have authority to exchange for, or trade in, such property on new supplies and equipment in accordance with this chapter.

C. Disposal required. The Purchasing Officer shall determine if any surplus City property can be used by any department of the City. If such supplies or equipment cannot be used or are unsuitable for City use, the Purchasing Officer shall, in the manner provided in this section, dispose of such supplies and equipment that cannot be exchanged for or traded in on new equipment or supplies.

D. Manner of disposal.

1. If the surplus City property which is not required for City use has been assigned an estimated market value of less than one thousand dollars by the purchasing officer, it may be disposed on the open market without advertising for bids.

2. If the surplus City property which is not required for City use has been assigned an estimated market value of one thousand dollars or more by the Purchasing Officer, the purchasing officer shall dispose of the property:
a. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the Purchasing Officer in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the Purchasing Officer, are likely to ensure an optimum bidding process;
39 Section 5, Item E.
b. Through participation in an auction;
c. Through consignment of items to a vendor to sell on behalf of the City. The Purchasing Officer shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefore, the highest net proceeds for the City. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with subsection (B)(1) of this section and shall accept offers on behalf of the City, with the City having final acceptance authority;
d. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds and an expressed need for such item(s).

3. The amount received for any property sold pursuant to this chapter shall be deposited in the City’s general fund or internal service fund as deemed appropriate by the Finance Director.

E. City personnel and immediate family members prohibited from purchasing. No City officer or employee or any member of the immediate of a City officer or employee shall purchase surplus City property sold in accordance with this chapter.

SECTION 3. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA). The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.

Therefore, this project is not subject to CEQA.

SECTION 4. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 5. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.
**********
40 Section 5, Item E.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Kerman on the 22nd day of October 2025, and was passed and adopted at a regular meeting of the City Council of the City of Kerman on November 12, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing ordinance is hereby approved.
_____________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
41 Section 5, Item E.

STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Jerry Jones, Community Development Director
SUBJECT: Public Hearing for Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code By Reference (JJ) RECOMMENDATION: City Council hold a public hearing, waive full reading, and adopt an Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code by Reference.

EXECUTIVE SUMMARY:

Every three years, the California Building Standards Commission (BSC), a State agency, adopts updated codes for the design and construction of buildings and structures within the State, known as the California Title 24 Building Standards Code, also referred to as the California Building Standards Code, Building Code, and simply Title 24. State law mandates that local governments enforce these regulations or enforce local ordinances containing qualified, reasonably necessary, and generally more restrictive building standards than those provided in the California Building Standards Code (CBSC). The 2025 CBSC was published by the BSC on July 1, 2025. As a result of the BSC action, each local government agency may adopt this new code, with local amendments if desired, by January 1, 2026. If no local action is taken by this date, then the State’s Code in its entirety is applicable to the agency’s jurisdiction when processing permit applications. Adoption of the 2025 CBSC by reference allows future amendments to the CBSC to be included automatically rather than having to amend the City’s Municipal Code each time there is an amendment to the CBSC.

The 2025 California Building Standards Code, Title 24, California Code of Regulations, includes the following parts:
 Part 1 – California Administrative Code
 Part 2 – California Building Code
 Part 2.5 – California Residential Building Code
 Part 3 – California Electrical Code
 Part 4 – California Mechanical Code
 Part 5 – California Plumbing Code
 Part 6 – California Energy Code
 Part 7 – California Wildland-Urban Interface Code
 Part 8 – California Historical Building Code
 Part 9 – California Fire Code
 Part 10 – California Existing Building Code
 Part 11 – California Green Building Standards Code
 Part 12 – California Reference Standards Code
42 Section 6, Item A.

The 2025 CBSC can be accessed via the following link: https://www.dgs.ca.gov/BSC/Codes. All construction and development projects submitted to the City on or after January 1, 2026 will be required to comply with the 2025 CBSC.

City Council introduced the ordinance at it’s regular meeting on October 22, 2025 and set the date for the public hearing for November 12, 2025. Notice of the public hearing was published in the Kerman News on October 29th and November 5th in order to comply with legal requirements. The Notice was also posted at City Hall.

FISCAL IMPACT:

Hard copies of the 2025 CBSC must be available in the Building Division for staff and public review and have already been procured. Costs associated with procurement of the 2025 CBSC are accounted for as part of the 2025-2026 Fiscal Year Budget.

ENVIRONMENTAL REVIEW:

The adoption of this ordinance is exempt from further CEQA review under the common sense rule (Section 15061(b)(3)), as there is not a reasonable possibility that the adoption of the 2025 CBSC may have a significant adverse impact on the environment.

ATTACHMENTS:

A. Proposed Ordinance
43 Section 6, Item A.

Attachment ‘A’
ORDINANCE NO. 25-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN AMENDING CHAPTER 15.04 OF TITLE 15 OF THE KERMAN MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE
THE CITY COUNCIL OF THE CITY OF KERMAN DOES ORDAIN AS FOLLOWS:

Section 1. Amendment. Section 15.04.010 of Chapter 15.04 of the Kerman Municipal Code is hereby amended to read as follows:

15.04.010 California Building Code adopted.

The City of Kerman hereby adopts the California Title 24 Building Standards Code (California Building Standards Code) by reference. The California Building Standards Code is marked accordingly and is on file in the office of the Building Division of the City of Kerman. In particular, the following are hereby adopted:

A. 2025 California Administrative Code--CCR Title 24, Part 1, as published by the International Code Council;
B. 2025 California Building Code--CCR Title 24, Part 2, (Volume 1 & 2) and including Chapter 1, Division II Scope and Administration and Appendix H – Signs, Appendix I – Patio Covers, Appendix J – Grading, and Appendix Q – Emergency Housing, as published by the International Code Council;
C. 2025 California Residential Code--CCR Title 24, Part 2.5, including Chapter 1, Division II Scope and Administration and all Appendices excepting Appendix AB – Permit Fees, as published by the International Code Council; D. 2025 California Electrical Code--CCR Title 24, Part 3, including Article 89 and Annex H, as published by the National Fire Protection Association; E. 2025 California Mechanical Code--CCR Title 24, Part 4, including Chapter 1, Division II Administration and all Appendices, as published by the International Association of Plumbing and Mechanical Officials;
F. 2025 California Plumbing Code--CCR Title 24, Part 5 including Chapter 1, Division II Administration and all Appendices, as published by the International Association of Plumbing and Mechanical Officials;
44 Section 6, Item A.

G. 2025 California Energy Code--CCR Title 24, Part 6 and all Appendices, as published by the International Code Council;
H. 2025 California Wildland-Urban Interface Code – CCR Title 24, Part 7, as published by the international Code Council;
I. 2025 California Historical Building Code--CCR Title 24, Part 8, including Appendix A, as published by the International Code Council;
J. 2025 California Fire Code--CCR Title 24, Part 9 including Chapter 1, Division II Administration, including all Appendices, as published by the International Code Council;
K. 2025 California Existing Building Code--CCR Title 24, Part 10 including Chapter 1, Division II Administration, and all Appendices, as published by the International Code Council;
L. 2025 California Green Building Standards Code--CCR Title 24, Part 11, as published by the International Code Council;
M. 2025 California Referenced Standards Code, including all Appendices, as published by the International Code Council;
Section 2. Severability. The City Council declares that the provisions of this Ordinance are severable. If, for any reason, any sentence, paragraph, or section of this ordinance is determined by a court of competent Jurisdiction to be invalid, such determination will not affect the validity of the remaining portions of this Ordinance.

Section 3. CEQA. The City Council finds this project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) as there is not a reasonable possibility that the amendments may have a significant adverse impact on the environment as i) California law mandates that on January 1, 2026, all portions of the 2025 California Code of Regulations Title 24 will be effective within the City regardless of whether the City takes any action, which regulations thereby serves as a baseline for the purposes of CEQA; ii) previously approved amendments to said regulations that are being carried forward without change also constitute the existing environmental baseline, and it will not add any additional significant adverse impact to the environment to continue to use said amendments; iii) to the extent that previously approved amendments are modified, said modifications are primarily related to the administration of said regulations, and such ministerial processes will not result in a significant, adverse impact to the environment; and iv) any remaining proposed amendments, additions, or deletions will not result in a significant, adverse impact to the environment given the environmental baseline. As such, no further analysis is required under CEQA. 45 Section 6, Item A.

Section 4. Publication. This Ordinance shall be published in accordance with the provisions of Government Code Section 36933.

Section 5. Effective Date. This Ordinance shall become effective January 1, 2026.

The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council held on the 22nd day of October 2025, and was passed and adopted at a regular meeting of the City of Kerman City Council held on the 12th day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing ordinance is hereby approved.
______________________________
Maria Pacheco
Mayor
ATTEST:
_______________________________
Josie Camacho
City Clerk
46 Section 6, Item A.

STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Steve Wilkins, Chief of Police
SUBJECT: Proposed Public Safety Camera System (SW)
RECOMMENDATION: Council by motion adopt resolution approving a five-year contract with Flock Group, Inc. dba Flock Safety for the installation and support of a public safety camera system in the amount of $454,950.00 (excluding tax), pursuant to Omnia Partners Contract No. R250203.

EXECUTIVE SUMMARY:

Staff recommend that the City utilize a cooperative agreement (also known as piggyback process) to purchase a comprehensive camera system which includes automated license plate reader (ALPR) cameras, real-time alert capabilities, and advanced software analytics. This procurement is being conducted under Omnia Partners Contract No. R250203, which provides pre-competed pricing for Flock Safety products and services.

DISCUSSION:

A cooperative agreement can be executed via another entity’s agreement when the items or services have already been competitively procured by other governmental processes substantially the same as those used by the City, and that the terms and conditions contain language allowing piggybacking by other public agencies. In some instances, this method provides the most efficient purchase method or the best cost savings for the quantities or type of goods or services utilized. These contracts are also encouraged when applicable for operational proficiencies and to minimize staff processing time when the goods or services being procured have limited availability.

Flock Safety offers a comprehensive technology platform to support law enforcement investigations and public safety operations. The proposed contract will enable the installation of a combination of license plate readers (LPRs) and live-streaming video cameras, integrated through a cloud-based operating system that provides intelligent search, traffic data, and national crime database alerts.

The system will be strategically deployed throughout the city—including public parks, hightraffic intersections, pedestrian-heavy zones, and critical infrastructure, like the wastewater treatment plant—to enhance the City’s security posture and investigative capabilities. 47 Section 7, Item A.

Throughout the year, the Kerman Police Department responds to and investigates thousands of calls for service involving reported crimes. Unfortunately, many of these cases cannot be prosecuted due to the absence of eyewitness testimony or photographic evidence.

A robust camera system would greatly enhance our ability to capture critical information, providing valuable leads for patrol officers and detectives to pursue. While no system can record every crime, this tool will significantly strengthen investigations in cases where no other evidence is available.

By leveraging this technology, the Police Department will be better equipped to conduct thorough investigations, submit prosecutable cases to the District Attorney, and bring resolution and justice to community members who have been victimized.

Flock Safety's system provides law enforcement with real-time alerts and investigative tools by capturing and analyzing vehicle data, including license plates, make, model, and color. The system uses machine learning to create vehicle fingerprints and provides advanced search tools, enabling flexible searches by vehicle characteristics, time, and location.

The system integrates with national databases such as the NCIC, supports inter-agency collaboration with neighboring jurisdictions already on the Flock platform, and provides privacy and security safeguards that are CJIS-compliant.

In summary, after reviewing the available purchase options for this purchase, staff determined that using the cooperative purchase agreement represents the most advantageous purchasing strategy.

FISCAL IMPACT:

The total five-year cost is $454,950.00 (excluding tax), broken down as follows:

Year 1 (At Contract Signing): $33,150.00
Year 2: $69,300.00
Year 3: $117,500.00
Year 4: $117,500.00
Year 5: $117,500.00
Total: $454,950.00
Discounts Applied:
 Flock Safety Multi-Year Discount: $132,550.00
 Flock Safety Professional Services: $21,700.00
Funding Sources:
 General Fund: The majority of the system cost will be paid from the City's General Fund, supporting citywide public safety initiatives.
 Enterprise Funds: A portion of costs—specifically related to protecting infrastructure like the wastewater treatment plant—will be funded through applicable enterprise accounts.

ATTACHMENTS:

A. Resolution w/Exhibits
48 Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING A FIVE-YEAR CONTRACT WITH FLOCK GROUP INC. D/B/A FLOCK SAFETY FOR THE INSTALLATION AND

SUPPORT OF A PUBLIC SAFETY CAMERA SYSTEM
WHEREAS, the City of Kerman is committed to enhancing public safety and supporting law enforcement investigations; and
WHEREAS, the City wishes to enter into a contract with Flock Safety pursuant to a Cooperative Agreement process; and
WHEREAS, the proposed system consists of automated license plate reader (ALPR) cameras, live-streaming video cameras, and software analytics that provide real-time alerts and investigative tools; and
WHEREAS, the proposed system includes a total of 8 license plate reader cameras, 22 livestreaming video cameras, and the Flock OS+ software suite, providing advanced search, traffic analytics, and national database alert capabilities; and WHEREAS, the total contract cost for the five-year agreement is $454,950.00 (excluding tax), which reflects a multi-year discount of $132,550.00; and WHEREAS, the contract will be funded through the City’s General Fund and applicable enterprise funds, with portions specifically supporting the protection of critical infrastructure such as the wastewater treatment plant; and
WHEREAS, the system will be strategically deployed across city parks, high-traffic intersections, pedestrian-dense areas, and other key locations to enhance community safety and regional collaboration.

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

1. The foregoing recitals are true and correct.

2. The Council approves the five-year contract with Flock Group Inc. d/b/a Flock Safety for the installation and support of a public safety camera system in the amount of $454,950.00. A copy is attached as Exhibit ‘A’.

3. The Council authorizes the City Manager, or his representative, to execute the contract and take all necessary actions to implement the system.

4. This resolution is effective upon adoption.
49 Section 7, Item A.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 12th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby adopted.
_____________________
Maria Pacheco
Mayor
ATTEST:
_____________________
Josie Camacho
City Clerk
50 Section 7, Item A.
1 Exhibit ‘A’
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
51 Section 7, Item A.
2 1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.4.

1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.4 “Customer Data” means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.6 “Effective Date” means the date this Agreement is mutually executed (valid and enforceable) by both Parties.

1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.8 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.

1.9 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below). 52 Section 7, Item A.
3 1.10 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.12 “Integration Data” means any distribution of data from a Customer requested third party integration.

1.13“Installation Services” means the services provided by Flock for installation of Flock Services.

1.14 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1.15 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1.16 “Term” means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.

1.17 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users.

Customer shall undertake reasonable efforts to make all Authorized End Users aware of all 53 Section 7, Item A.
4 applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”).

Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.

Flock will have no liability for any damage, liabilities, losses (including any loss of data or 54 Section 7, Item A.
5 profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.

In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password 55 Section 7, Item A.
6 information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of 56 Section 7, Item A.
7 Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data (such third party, “Recipient”).

Upon such request, Customer hereby grants to Flock a non-exclusive, non-transferable, royaltyfree, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock’s standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this Agreement. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). 57 Section 7, Item A.
8 Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the 58 Section 7, Item A.
9 Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide 59 Section 7, Item A.
10 Customer with sixty (60) days notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the 60 Section 7, Item A.
11 benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS. 61 Section 7, Item A.
12 FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRDPARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER’S OWN RISK. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE

ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS

DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies to be provided as Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR 62 Section 7, Item A.
13 CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH SUCH CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify, defend, and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. This indemnification shall survive the term of this Agreement and remain in full force and effect.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise 63 Section 7, Item A.
14 expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
64 Section 7, Item A.
15 10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by 65 Section 7, Item A.
16 Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Services in business and development and marketing efforts.

Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section 66 Section 7, Item A.
17 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.

11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non-appropriation with thirty (30) days written notice without penalty or other cost. .
67 Section 7, Item A.
18 FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:
68 Section 7, Item A.
19 Exhibit ‘B’

INSURANCE
Required Coverage. Flock shall procure and maintain, at its own cost and expense, for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), cyber liability, automobile liability, and commercial general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

For the avoidance of doubt, (i) all required insurance limits can be met through a combination of primary and excess/umbrella coverage, and (ii) Flock’s Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis, as broad as Insurance Services Office (ISO) CG 00 01, with minimum limits of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, and One Million Dollars ($1,000,000) products and completed operations aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage. The policy shall provide and be endorsed to include, the Customer, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations and ISO form CG 20 37 (or equivalent) for completed operations. The policy shall allow and be endorsed as primary and not seek 69 Section 7, Item A.
20 contribution from the Customer’s coverage. Coverage shall provide and be endorsed to include a waiver of subrogation in favor of the Customer and its officers, officials, employees, and agents;
(ii) Workers Compensation and Employer’s Liability insurance in accordance with statutory limits. The Statutory Workers’ compensation and and Employer’s Liability shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by diseasepolicy limit, and $1,000,000 by disease-each employee. Coverage shall provide and be endorsed to include a waiver of subrogation in favor of the Customer and its officers, officials, employees, and agents;
(iii) Professional Liability/Errors and Omissions insurance that insures against professional errors and omissions that may be made in performing professional services with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of the start of work, and Flock agrees to maintain continuous coverage through a period no less than three (3) years after completion of the work;
(iv) Commercial Automobile Liability insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a minimum combined single limit of One Million Dollars ($1,000,000) each accident for bodily injury, death, and property damage, including owned and non-owned and hired automobile coverage. The policy shall provide and be endorsed that the Customer, its officers, officials, employees, agents, and volunteers are included or named as additional insureds. The policy shall provide and be endorsed to include a waiver of subrogation in favor of the Customer, its officers, officials, employees, and agents; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000) per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Flock in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information or personally identifiable information (PII), alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach 70 Section 7, Item A.
21 response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

All Coverages
Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Flock.

Each required insurance policy shall be endorsed to state that coverage shall use commercially reasonable efforts to provide thirty (30) days' prior written notice, to the Customer, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. If a carrier will not provide the required notice of cancellation, the Flock shall provide written notice to the Customer of a cancellation no later than 3 business days before cancellation.

Evidence of Insurance - Prior to commencement of work, the Flock shall furnish the Customer with certificate(s) of insurance evidencing compliance with the insurance requirements above.

All required endorsements shall be attached to the certificate(s), including additional insured, waiver of subrogation, primary coverage, and notice of cancellation endorsements. The Flock shall provide complete or certified copies of all required insurance policies if requested by the Customer.
71 Section 7, Item A.

STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Consideration of Professional Services Agreement with ELS Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center (TJ) RECOMMENDATION: Council by motion adopt a resolution approving the Kerman Area MultiGenerational Resiliency Center Architectural Design Services Agreement with ELS Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center located at 15100 W. Kearney Blvd. for $1,228,725.00 and authorize the City Manager to execute the agreement.

DISCUSSION:

In November of 2023, the City received a $7,250,000.00 grant award from the California Department of Food and Agriculture to construct the Kerman Area Multi-Generational Resiliency Center. This award was just a portion of the total estimated project cost of $16,383,000.00. The City continued to seek additional grant funding from the Strategic Growth Council Community Resiliency Centers Program and, in April of 2024, received word that the City was not selected for this funding. Staff continued to seek other funding sources, including applying for Congressional direct funding from the 13th Congressional District. At the same time, staff began seeking alternative funding sources, including loans. The City ultimately started working with municipal financial advisor Fieldman, Rolapp & Associates Inc., to identify additional financing to advance this project and protect this grant award.

As work continued in the background with Fieldman, Rolapp & Associates, staff released the Request for Proposals for architectural design services for the Kerman Area MultiGenerational Resiliency Center project on May 14, 2025. Due to the high volume of requests for information, the proposal due date was extended by one week from 4:00 p.m. on Wednesday, June 18, 2025, to 4:00 p.m. on Wednesday, June 25, 2025.

At closing, 18 proposals were received. To confirm that all requested materials were included in the proposal, staff conducted a preliminary review. After that, Community Services Director Theresa Johnson and Administrative Assistants Arlene Villarreal and Marisol Camacho conducted a formal review of the proposals. 72 Section 7, Item B.

Upon completion of the scoring, the top three candidates — ELS Architecture and Urban Design, Sera Design and Architecture, Inc., and The Taylor Group Architects — were invited to participate in an in-person interview on Wednesday, August 27, at the Kerman Community Center. The interview panel consisted of Director Theresa Johnson, Administrative Assistant Arlene Villarreal, City Manager John Jansons, and Parks and Recreation Commission Chairperson Lora Nehring.

At the conclusion of the interviews, it was evident that ELS Architecture and Urban Design was the top firm to proceed with for this project. With 10 years+ experience in design, community engagement, and operational strategies to develop a cohesive project that will serve the multi-generational needs of Kerman daily and in times of crisis. ELS’s relevant experience with community center projectsthat focused on resiliency strategies, include the Millbrae Community Center, East Oakland Community Center, Gilroy Civic Master Plan, Cesar Chavez Community Center, Pleasanton Firehouse Arts Center, YMCA Design Services, Berkley High School Joint Community Center, Emergency Interim Housing, Orange Memorial Community Recreation Center, Tice Creek Senior Recreation Center and the Veterans Memorial Senior and Community Center, which upon completion in 2025 will serve as a multi-generational center and emergency shelter, with a strong focus on resilient strategies.

The proposed fee submitted by the top three is as follows.

Els Architecture & Urban Design $1,228,752
Sera Design and Architecture, Inc. $1,434,560
The Taylor Group Architects $1,143,000
Company Score Company Score
1 ELS Architecture and
Urban Design 86
10 Shah Kawasaki Architects 76
2 Sera Design and
Architecture, Inc. 85
11 NJA Architecture 76
3 The Taylor Group
Architects 83
12 Indigo Hammond + Playle
Architects, LLP 76
4 Paul Halajian Architects 81
13 Lionakis 72
5 WMB Architects 81
14 Hedron 72
6 LDA Partners Designers
& Architects 81
15 Entero Architects 67
7 PBK 78
16 Salazar Architect 65
8 Studio Pear 77
17 Klassen & Smith 62
9 SVA Architects, Inc. 77
18 Integrated Designs by
SOMAM, Inc 57
73 Section 7, Item B.

While ELS had the highest score, they came in second with their proposed fee. However, due to their experience and relevant knowledge with multi-generational resiliency projects, staff remain confident in recommending ELS Architecture & Urban Design for the Kerman Aera Multi-Generational Resiliency Center project.

FISCAL IMPACT:

The City can fund the architecture services with funds secured through the recent sale of Lease Revenue Bonds.

ATTACHMENTS:

A. Resolution w/Exhibits
74 Section 7, Item B.

Attachment ‘A’
RESOLUTION NO. 25-__

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

MULTI-GENERATIONAL RESILIENCY CENTER ARCHITECTURAL DESIGN SERVICES AGREEMENT WITH ELS ARCHITECTURE & URBAN DESIGN REGARDING THE KERMAN AREA MULTIGENERATIONAL RESILIENCY CENTER LOCATED AT 15101 W. KEARNEY BLVD.

WHEREAS, the invitation to submit proposals for architectural services for design work, construction drawings, and bid documents for the Kerman Area Multi-Generational Community Resiliency Center was published in the Kerman News on May 21, 2025, and posted to the City of Kerman website Bids/RFP/RFQ subscription page; and
WHEREAS, the project will design a 15,400 square foot addition to the existing 11,618 square feet Kerman Community Center to create the Kerman Area Multi-Generational Resiliency Center, located at 15101 West Kearney Boulevard, Kerman; and WHEREAS, 18 proposals were received on Wednesday, June 25, 2025, at 4:00 pm, and three advanced to the final interview phase; and
WHEREAS, ELS Architecture & Urban Design has presented a proposal that is responsive to the specific needs of the City, and they are uniquely qualified with experience in multigenerational and resiliency center projects, and WHEREAS, the City thoroughly reviewed all the proposals and now recommends approval of an agreement with ELS Architecture & Urban Design.

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

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

SECTION 2. The City Council approves the Kerman Area Multi-Generational Resiliency Center Architectural Design Services Agreement attached hereto as Exhibit ‘A’ and incorporated by reference.

SECTION 3. The City Manager is authorized to sign the Agreement on behalf of the City of Kerman.

SECTION 4. This resolution is effective upon its adoption. 75 Section 7, Item B.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on 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
76 Section 7, Item B.
1 AGREEMENT FOR KERMAN AREA MULTI-GENERATIONAL RESILIENCY CENTER

ARCHITECTURAL DESIGN SERVICES BETWEEN

THE CITY OF KERMAN AND ELS ACHITECTURE AND URBAN DESIGN This Agreement for Kerman Area Multi-Generational Resiliency Center Architectural Design Services (“Agreement”) is made and entered into by and between the City of Kerman, a California municipal corporation (hereinafter referred to as “CITY”) and els Architecture and Urban Design (hereinafter referred to as “CONSULTANT”).

RECITALS
WHEREAS, CITY seeks a qualified consultant to provide Architectural Design Services for the Kerman Area Multi-Generational Resiliency Center.

WHEREAS, CITY has engaged in a competitive Requests for Proposals process.

WHEREAS, CONSULTANT warrants that it is specially trained, experienced, expert, and competent to perform such services and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement.

WHEREAS, the CITY desires to have CONSULTANT perform services described in this Agreement and CONSULTANT desires to perform those services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are part of this Agreement and the terms and conditions hereinafter contained, it is mutually agreed as follows:

1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY, services as requested by CITY as specifically set forth in Exhibit “A”, which is attached hereto and hereafter referred as the “Kerman Area Multi-Generational Resiliency Center Scope of Work”

2. Term of Agreement. This Agreement shall be effective from November 12, 2025 to June 30, 2027 subject to any earlier termination in accordance with this Agreement.

3. Compensation. CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be at the rate and schedules attached hereto as Exhibit “B” and shall not exceed $1,228,725.00.

4. Termination.
a) Termination for Convenience. Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination Exhibit 'A'
77 Section 7, Item B.
2 date) at least thirty (30) calendar days before the effective date of such termination.
b) Termination for Cause. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause. c) In the event of termination, all finished or unfinished documents, reports, or other materials prepared by CONSULTANT under this Agreement shall become CITY’s property. CONSULTANT shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination. d) This Agreement shall terminate without any liability of CITY to CONSULTANT upon:
(i) CONSULTANT’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; or (ii) CITY’s non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement. e) Immediately upon any termination of this Agreement, CONSULTANT shall: (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. f) Upon any termination of the Agreement, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
g) Notice of termination shall be mailed as follows:
78 Section 7, Item B.
3 CITY:

City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
CONSULTANT:

ELS Architecture and Urban Design
2040 Addison Street
Berkley, CA 94704

5. Indemnification. To the furthest extent allowed by law, CONSULTANT agrees to indemnify, hold harmless, and defend, City and each of its officers, officials, employees, agents, and volunteers from and against all claims, demands, costs, or liability, and expenses including attorney’s fees arising out of the performance of the work described in this Agreement, caused in whole or in part by the sole negligence, recklessness, or willful misconduct of CONSULTANT, its principals, officers, employees, agents, or volunteers in the performance of this Agreement or anyone for whose acts any of them may be liable excluding, however, such claims, demands, loss, damages, or arising from City’s sole negligence or willful acts.

6. Insurance.
a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit “C” or as may be authorized, and any additional insurance as may be required, in writing by City Manager or his or her designee at any time and in her sole discretion.
b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

7. Nondiscrimination. To the extent required by controlling federal, state, and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, 79 Section 7, Item B.
4 color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era.

8. Independent Contractor.
a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
b) Because of its status as an independent contractor, CONSULTANT and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend, and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT’S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.

9. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.

10. Assignment. This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights of obligations under this Agreement without the prior 80 Section 7, Item B.
5 written approval of the City Manager or her designee.

11. Compliance with Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California, and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

12. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

13. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.

14. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.

16. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

17. Attorneys’ Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

18. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

19. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within 81 Section 7, Item B.
6 the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, and shall be null and void.

20. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

21. No Third-Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary n this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

IN WITNESS WHEREOF, the parties have executed this Architectural Design Services Agreement as follows:

CITY OF KERMAN
A municipal corporation
______________________
John Jansons, City Manager
Date: November __, 2025
ELS Architecture and Urban Design
_________________________
Kim-Van Truong, President/CEO
Date: October __, 2025
ATTEST:
_____________________
Josie Camacho, City Clerk
Date: November __, 2025

APPROVED AS TO FORM
_____________________
Hilda Cantu Montoy, City Attorney
Date: ________________
31 82
Section 7, Item B.

STAFF REPORT
MEETING DATE: November 12, 2025
PRESENTER: Bonique Emerson, Contract Planner
SUBJECT: The Orchards at Gill Estates Project: General Plan Amendment (GPA 2023- 02), Rezone (REZ 2023-03), Tentative Parcel Map (TPM 2024-01), Tentative Subdivision Map (TSM 2023-03), Annexation (ANX 2023-03), and Mitigated Negative Declaration (SCH No. 2025060904) Pertaining To Two (2) Parcels Located On The South Side of West Nielsen Avenue Between North Madera Avenue and North Del Norte Avenue (APNs 020-120-06 and 020-120-03S) (BE)
RECOMMENDATION:

Council consider the second reading of the ordinance, adoption of the Tentative Subdivision Map Resolution, Tentative Parcel Map Resolution, and Annexation Initiation Resolution; deliberate; and by motion:

1. Waive the full reading and adopt an Ordinance of the City Council of the City of Kerman amending the official zoning map for two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), pre-zoning the parcels consistent with the proposed land use designations, resulting in approximately 30.39 acres within the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5), 8.74 acres within the Mixed Use District, totaling approximately 39.13 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue.

2. Adopt a Resolution of the City Council of the City of Kerman approving Tentative Parcel Map 2024-01 for two (2) parcels identified as 020-120-06 (19.82 acres) and 020-120-03S (20 acres) into two (2) parcels and one (1) remainder, including a 28.35-acre “Parcel 1” that would accommodate TSM 2023-03, a 8.74-acre “Parcel 2” on the east portion of APN 020-120-06 with no development proposed at this time, and a 2.04-acre “Remainder” on the northwest corner with an existing single-family residence; and

28.35 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue; and

4. Adopt a Resolution of the City Council of the City of Kerman initiating annexation of two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120- 83 Section 7, Item C.
03S (20 acres), totaling approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Annexation 2023-03).

EXECUTIVE SUMMARY:

The Council conducted a duly noticed public hearing on October 22, 2025, on The Orchards at Gill Estates Project which is described in the subject line above. At the conclusion of the public hearing and after deliberations, the Council approved the resolution adopting and certifying the Mitigated Negative Declatation and amending the General Plan for the Project and introduced the ordinance that amends the Zoning Map. The related tentative parcel map, tentative subdivison map, and annexation initiation were also presented at the meeting; however, Council did not take action on those matters. At this meeting, the Council is asked to (i) conduct second reading and adopt the ordinance, (ii) adopt the resolution approving the tentative parcel map, (iii) adopt the resolution approving the tentative subdivision map, and (iv) adopt the resolution initiating annexation as noted in the Recommendation above.

BACKGROUND:

Lifetime Communities (Applicant) proposes General Plan Amendment (GPA) 2023-02, Rezone (REZ) 2023-03, Tentative Parcel Map (TPM) 2024-01, Tentative Subdivision Map (TSM) 2023-03, and Annexation (ANX) 2023-03, and related Mitigated Negative Declaration pertaining to two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), totaling approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue. The Project would result in the annexation of approximately 40 acres from the County of Fresno to the City of Kerman, an amendment of the 2040 Kerman General Plan planned land use designations for ±9.64 acres, an amendment to the official zoning map of the City of Kerman for ±40 acres, a split of ±40 acres into two (2) parcels and a remainder, and the subdivision of ±28.35 acres for future single-family use. Future development of the Project site would require additional entitlements, including but not limited to, a Development Plan Permit, Site Plan Review, and Conditional Use Permit. The General Plan Amendment and associated Mitigated Negative Declaration were adopted by the City Council on October 22, 2025.

Applicable Codes and Procedures:

KMC Title 16 – Subdivisions
KMC 17.10 – Residential Zones
KMC 17.12 – Commercial, Office, and Mixed-Use Zones
KMC 17.18 – Combining Zones
KMC 17.20 – General Site Planning and Development Standards KMC 17.98 – CEQA Procedures
KMC 17.112 – Amendments
KMC 17.116 – Public Notices and Hearings
Public Resource Code – 21000 et seq.

Site Location
The Project site is currently in the jurisdiction of the County of Fresno, California. The site is located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue, consisting of two (2) parcels that total approximately 40 acres. The site is identified by the 84 Section 7, Item C.

Fresno County Assessor as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120- 03S (20 acres). The Project Vicinity Map is shown in Attachment ‘A’.

Setting and Surrounding Uses
As referenced in Table 1, the Project site is surrounded by agricultural land to the north, east, and west, and a new school facility to the south. The properties to the west are planned for residential uses and properties to the east are planned for commercial uses within the City of Kerman Sphere of Influence. The properties to the north are planned for agricultural uses within the County of Fresno.

The Aerial Photograph and Physical Setting of the Project site is shown in Attachment ‘B’.

Table 1. Existing Land Use, General Plan Designation, and Zone District of Surrounding Properties Direction
from site
Existing Land Use General Plan
Designation
Zone District
North Agriculture Urban Reserve
(County)
AE-20 – Agriculture Exclusive, 20 acre
(County)
East Agriculture GC - General
Commercial
AE-20 – Agriculture Exclusive, 20
acre, AL-20 – Agriculture Limited, 20
acre (County)
South KUSD School Site Schools/Institutional
(S/I)
UR – Urban Reserve
West Agriculture MDR - Medium
Density Residential
AE-20 – Agriculture Exclusive, 20
acre, AL-20 – Agriculture Limited, 20
acre (County)
General Plan Land Use Designation
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). Acreages of land use designations by APN are shown in Table 2. The General Plan Land Use Map for the Project site is shown in Attachment ‘C’.

Table 2. Acreages of Existing Land Use Designations by APN APN General Plan Land Use Designation (Acres)
MDR – Medium Density Residential GC – General Commercial APN 020-120-06 10.19 9.64
APN 020-120-03S 20.00 0
Total 30.19 9.64
Zone District
The Project site is located within the City’s Sphere of Influence, but since it is outside City limits, the site is zoned by the County. The site is within the County of Fresno’s Agricultural Exclusive – 20 Acres (AE-20) and Limited Agricultural – 20 Acres (AL-20) zone district. The Zoning Map for the Project site is shown in Attachment ‘D’.
85 Section 7, Item C.

ANALYSIS:

Annexation 2023-03
Annexation (ANX) 2023-03 would initiate the annexation process for two (2) parcels identified as APNs 020-120-06 (19.82 acres) and 020-120-3S (20 acres), totaling approximately 40 acres located in the City of Kerman Sphere of Influence, on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue from the County of Fresno to the City Limits of City of Kerman, in addition to adjacent right-of-way, and detach the annexation area from the Kings River Conservation District. The Annexation Boundary is shown in Attachment ‘K’.

The annexation application will be considered by the Fresno County Local Agency Formation Commission (LAFCO) for approval. Per LAFCO, the annexation is required to comply with LAFCO policies and objectives. Pursuant to the Second Amendment and Restated Memorandum of Understanding (MOU) between the County of Fresno and City of Kerman, the City must issue a notice of intent to annex and request a finding of consistency with the MOU, at least 30 days prior to filing any annexation proposal with the Fresno County LAFCO.

General Plan Amendment 2023-02
General Plan Amendment (GPA) 2023-02 amended the Kerman 2040 General Plan planned land use designations for the parcel identified as APNs 020-120-06 as shown in Table 3. GPA 2023-02 resulted in approximately 11.08 acres of MDR – Medium Density Residential and 8.74 acres of MU – Mixed Use land use designations, representing an increase in acreages of the MU land use designation and decrease in acreage of the GC land use designation. No amendment was made for the parcel identified as APN 020-120-03S, the parcel remains MDR as it currently exists.

Table 3. Existing and Amended Land Use Designations for APN 020-120-06 General Plan Land Use Designation Existing Acreages Amended Acreages MDR – Medium Density Residential 10.19 11.08
GC – General Commercial 9.64 0
MU – Mixed Use 0 8.74
The definition and description of MDR and MU land use designations per the General Plan, and an analysis of the project’s consistency with the General Plan are described below.  MDR – Medium Density Residential Land Use Designation: The MDR land use designation “allows for residential development at a density of 5 to 12 units per gross acre. Development in this category could include a mix of single‐family and multifamily residences, including duplexes, triplexes, fourplexes, and mobile homes.” The MDR land use designation is compatible with the R1-7, R-1-12, R-2, SD-R-5, SD-R-4.5, SD-R-3.5, PD-R-7, and PD-R-12 zoning districts. Typical uses of this land use designation include single-family detached dwellings, small-lot multifamily dwellings including duplexes, triplexes, fourplexes, and mobile homes, accessory dwelling units, and compatible public and quasi-public uses (e.g., churches, day-care centers, community centers, parks, and schools).

6.1 units per acre (172 lots divided by 28.35 acres equals 6.1 dwelling units per acre) and would be within the density requirements for the MDR land use designation (5.0 to 12.0 dwelling units per acre). The project also proposes a rezone, which would pre-zone/rezone the MDR portion of the site to the SD-R-3.5 zone district. The SD-R-3.5 zone district is a zone district that is compatible with the MDR land use designation.
 MU – Mixed Use Land Use Designation: The MU land use designation allows for a maximum density of 20 dwelling units per acre and a maximum intensity of 1.0 floor area ratio. The MU land use designation is compatible with the MU zoning district. Typical uses of this land use designation include a combination of single and multifamily dwellings, major retail stores and restaurants, personal service/repair, medical, and office uses, administrative and professional offices, and central gathering places.

No development is proposed on the portion of the site proposed to be planned for MU. The project proposes a rezone, which would pre-zone/rezone the MU portion of the site to the MU zone district. The MU zone district is a zone district that is compatible with the MU land use designation.

Future development would be subject to compliance with the applicable development standards contained in the KMC Section 17.12-2 Development Standards – Commercial, Office, and MixedUse Zones and other applicable sections of the Zoning Code. Compliance with these standards would be ensured through the entitlement review process.

Rezone 2023-03
Rezone (REZ) 2023-03 would pre-zone approximately 39.13 acres (APNs 020-120-03S and 020-120- 06) to zoning districts consistent with the underlying General Plan land use designations. The prezone would include 30.39 acres to the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5) and 8.74 acresto the Mixed Use (MU)zoning district, as shown in Attachment ‘H’. Because the site is outside City limits, proposed development would require annexation and a pre-zone of the site to a zoning district consistent with the City of Kerman 2040 General Plan planned land use designation.

The purpose of each proposed zone district is described by the Kerman Municipal Code (KMC), in addition an analysis of the project, is as follows.
 Smart Residential Development (SD) Combining Zone District: The purpose of the Smart Residential Development (SD) combining zone is to promote development designs that respond to significant planning-related issues facing the San Joaquin Valley, including urbanization of agricultural land, air pollution, housing affordability, traffic, aesthetics, and neighborhood deterioration. This new approach to development design has been popularized by the term "smart growth" and its purpose is to achieve the average density goals set forth by each zone.

The SD combining zone is structured to encourage a comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the General Plan. To the greatest extent possible, attention shall be given to greater design details and the average density set forth by each individual zone shall be achieved through a mix of residential housing types and sizes. The SD combining zone implements the Low Density Residential (LDR), 87 Section 7, Item C.

Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan.

The project proposes 172 single-family lots, “The Orchards at Gill Estates,” on a portion of the site proposed to be planned for MDR. The number of proposed lots equate to a residential density of 6.1 units per acre (172 lots divided by 28.35 acres equals 6.1 dwelling units per acre) and would be within the density requirements for the MDR land use designation (5.0 to 12.0 dwelling units per acre) and the SD-R-3.5 zone district (maximum of 12.0 dwelling units per acre). Future development would be subject to compliance with applicable development standards contained in KMC Section 17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations. Compliance with these standards would be ensured through the entitlement review process. Projects within SD zone districts are subject to a Development Plan Permit.  Mixed-Use Zone District: The purpose of the Mixed-Use Zone (MU) is to provide areas of the City that allow for a combination of residential, office, and essential commercial uses, e.g., pharmacies, laundromats, grocery stores. The MU zone implements the Mixed Use (MU) land use designation in the General Plan.

The project proposes one (1) mixed use parcel that is approximately 8.74 acres and would meet the minimum parcel size required for the MU zone district (7,000 square feet for newly created parcels). The MU zone district allows a maximum density of 20 dwelling units per acre (du/ac) and a maximum intensity of 1.0 Floor Area Ratio (FAR). Future development would be subject to compliance with the applicable development standards contained in the KMC Section 17.12-2 Development Standards – Commercial, Office, and Mixed-Use Zones and other applicable sections of the Zoning Code. Compliance with these standards would be ensured through the entitlement review process.

Tentative Parcel Map 2024-01
Tentative Parcel Map (TPM) 2024-01 would split the two (2) parcels identified as APNs 020-120-03S and 020-120-06 into two (2) parcels and one (1) remainder, including a 28.35-acre “Parcel 1” that would accommodate TSM 2023-03, a 8.74-acre “Parcel 2” on the east portion of APN 020-120-06 with no development proposed at this time, and a 2.04-acre “Remainder” on the northwest corner of APN 020-120-03S with an existing single-family residence (Attachment ‘I’).

The project proposes the 8.74-acre “Parcel 2” as Mixed Use (MU) zone district and Mixed Use (MU) land use designation and would meet the minimum parcel size required for the MU zone district (7,000 square feet for newly created parcels). The MU zone district allows a maximum density of 20 dwelling units per acre (du/ac) and a maximum intensity of 1.0 Floor Area Ratio (FAR). Future development would be subject to compliance with the applicable development standards contained in the KMC Section 17.12-2 Development Standards – Commercial, Office, and Mixed-Use Zones and other applicable sections of the Zoning Code. Compliance with these standards would be ensured through the entitlement review process.

Tentative Subdivision Map 2023-03
Tentative Subdivision Map (TSM) 2023-03 would subdivide “Parcel 1” of TPM 2024-01 into 172 singlefamily lots ranging in size from 3,690 square feet to 8,987 square feet, and five (5) outlots 88 Section 7, Item C.
(Attachment ‘J’). The lot areas conform to the standards of development as defined by the Zoning Ordinance for the applicable development zone districts. No development is currently proposed.

The project proposes 172 single-family lots, “The Orchards at Gill Estates,” which would equate to a residential density of 6.1 units per acre (172 lots divided by 28.35 acres equals 6.1 dwelling units per acre) and would be within the density requirements for the MDR land use designation (5.0 to 12.0 dwelling units per acre) and the SD-R-3.5 zone district (maximum of 12.0 dwelling units per acre).

Future development would be subject to compliance with applicable development standards contained in KMC Section 17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations. Compliance with these standards would be ensured through the entitlement review process. Projects within SD zone districts are subject to a Development Plan Review Permit.

Public utility easements and pedestrian easements are proposed as required throughout the subdivision. Nine (9) foot landscape outlots (Outlot A and Outlot B) are proposed along the southern boundary of the subdivision. A park is proposed at the center of the subdivision (Outlot C). Outlot D is proposed on the northwest corner of the site as a stormwater basin. Outlot E is proposed at the southeast corner of the site for public utility and pedestrian access purposes.

Land Use Plans and Policies
The 2040 General Plan includes policy recommendations related to the various physical development aspects of the community. The policies are supported by a set of goals and objectives. The City Council shall refer to the General Plan’s policies, goals, and objectives when deciding on this request.

Through the Project and development review process and in collaboration with other City departments and outside agencies, the Project has been designed to comply with the City’s General Plan goals, policies, and objectives. As proposed, the Project will be consistent with the Kerman 2040 General Plan goals and objectives related to land use and the urban form. Below are excerpts from the General Plan that are germane to this Project, with discussion of the Project’s consistency.

General Plan Policy LU-1.4. Limit Residential Development Along Highways: The City shall limit residential development from fronting State Highway 145 and State Highway 180 to ensure public safety. Residential development along these facilities shall be designed and buffered to reduce noise and air pollutant impacts to the maximum extent reasonably feasible and consistent with CEQA review. The project as proposed is consistent with General Plan Policy LU-1.4. The project site is located on the west side of North Madera Avenue (State Route 145). The project site is currently planned for MDR and GC land use designations. The portions of the site planned for GC land uses are concentrated along North Madera Avenue.

Although the project included a General Plan Amendment, approved by the City Council on October 22, 2025, to amend the planned land use designations for APN 020-120-06, the MU planned portion of the site is concentrated along North Madera Avenue, replacing the current GC planned portion.

Future residential development of the portions of the site planned for residential use will be subject to compliance with the applicable development standards for the underlying zone district, including setbacks, landscaping, fences, walls, and hedges, etc. which help to ensure adequate buffers between uses to ensure public safety.
89 Section 7, Item C.

In addition, environmental impacts of the project, including the General Plan Amendment and Rezone, were analyzed in accordance with the California Environmental Quality Act (CEQA). An Initial Study (IS) and Mitigated Negative Declaration (MND) was prepared and adopted by the City Council on October 22, 2025 to evaluate the potential impacts associated with the project. Based upon review of the IS/MND, air pollutant impacts were found to be less than significant; however, noiserelated impacts were found to be potentially significant for transportation noise sources and potential stationary and construction noise sources. Mitigation measures are established to reduce noise levels below levels of significance. Future residential and commercial development would be subject to compliance with these mitigation measures.

Overall, through compliance with the applicable development standards and with the noise-related mitigation measures, the project is designed and buffered to reduce impacts to the maximum extent reasonably feasible and consistent with CEQA review and therefore would be consistent with General Plan Policy LU-1.4.

General Plan Policy LU-1.6. Agricultural Buffers: The City shall require non-agricultural land uses adjacent to active agricultural uses to incorporate adequate buffers (e.g., setbacks, fences) to protect public health and limit conflicts with adjoining agricultural operations and pesticide applications. The project site is adjoined by agricultural land use to the north, east and west. Potential conflicts between urban and agricultural uses were analyzed in the Initial Study prepared for the project in accordance with CEQA. In order to reduce potential conflicts between uses, the Initial Study requires implementation of the following measures: 1) potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase/lease of property within the development, 2) a right-to-farm covenant shall be recorded on each residential tract map or be made a condition of each tract map to protect continued agricultural practices in the area, and 3) potential residents shall be informed of the right-to-farm covenant at the time of purchase/lease of property within the development. Future residential development would also be subject to compliance with the applicable development standards for the underlying zone district, including setbacks, landscaping, fences, walls, and hedges, etc. which help to ensure adequate buffers to protect public health and limit conflicts. Overall, through compliance with the mitigation measures and applicable development standards, the project as proposed would incorporate adequate buffers to protect public health and limit conflicts with adjoining agricultural operations and pesticide applications, and therefore would be consistent with General Plan Policy LU-1.6.

General Plan Policy LU-3.2 Urban Form: To maintain the City’s compact form, the City shall maintain growth management controls by managing changes to the City’s Sphere of Influence and incorporated City limits. Future changes to the City’s Sphere of Influence will be managed by two growth lines, shown on [General Plan] Figure 3‐2.)
 The City may consider requests to amend the current Sphere of Influence and City limits into Area 1 (shown on Figure 3‐2) based on the ability of the City to provide services to the area.  The City may consider requests to amend the current Sphere of Influence and City limits into Area 2 (shown on Figure 3‐2) if Area 1 has reached the 80 percent infill criteria (for residentially designated lands). The City Council may, at that time, consider allowing development beyond the Area 1 Growth Boundary Line.
 For any change in Sphere of Influence or City limits, the following considerations will be used:
90 Section 7, Item C.
o 80 percent of Area 1’s residentially designated land has been developed or has approved development plans.
o Residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing.
o Community needs such as open space, recreational facilities, parks, schools, etc. o Obstacles to growth such as cost of infrastructure, Williamson Act properties, etc. o Economic development needs.

The project site is outside City limits but is within the City’s Sphere of Influence. The project requires annexation and therefore would result in a change in City limits. The project as proposed would meet the considerations of General Plan Policy LU-3.2 Urban Form. Specifically, the project would facilitate future residential units which would help meet the city’s residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing. The project would also facilitate open space (Outlot C) meeting community needs. The project would not result in obstacles to growth because future development would be able to connect to City services. The project would result in infrastructure improvements, including roadway and circulation improvements. Lastly, the project would facilitate future commercial uses which would serve the city’s economic development needs.

Based on these considerations, the project as proposed maintains growth management controls and is consistent with General Plan Policy LU-3.2.

General Plan Policy LU-3.3 Prevent Sprawl Development: The City shall direct new development to areas that are contiguous to existing or approved development and prevent sprawl development. The project site is contiguous to existing and approved development within City Limits. Thus, the project does not encourage sprawl and is therefore consistent with General Plan Policy LU-3-3.

General Plan Policy LU-3.4 Leapfrog Development: The City shall require the Planning Commission and City Council to make a finding before approving new subdivisions that are more than 1/8 mile from existing urban development. The project site is contiguous to existing urban development and thus would not constitute leapfrog development.

General Plan Policy LU-4.5. Right-to-Farm Disclosure: The City shall require that property owners and applicants within 1,000 feet of agricultural land or agricultural operations sign and record a deed of notification to document that they were informed of the potential agricultural operations and agricultural conditions in the area. The project is within 1,000 feet of agricultural land and operations.

A right-to-farm disclosure is required for the project through the Conditions of Approval. All future property owners and applicants are required to sign and record a deed of and notification to document that they were informed of the potential agricultural operations and agricultural conditions in the area. In addition, the Initial Study requires implementation of the following measures: 1) potential residents shall be notified about possible exposure to agricultural chemicals at the time of purchase/lease of property within the development, 2) a right-to-farm covenant shall be recorded on each residential tract map or be made a condition of each tract map to protect continued agricultural practices in the area, and 3) potential residents shall be informed of the rightto-farm covenant at the time of purchase/lease of property within the development. Therefore, the project is consistent with General Plan Policy LU-4.5.
91 Section 7, Item C.

General Plan Policy LU-5.4 New Incompatible Land Uses: The City shall prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas. The project site is currently planned for residential and commercial uses. The property to the west of the site is planned for residential use and the property to the east is planned for commercial and residential use within the City of Kerman Sphere of Influence. The property to the north is within the County of Fresno, currently used for agricultural purposes, and has a designation of Urban Reserve in the City’s 2040 General Plan. The property to the south is used for an elementary school. Although the project proposes a General Plan Amendment and Rezone, the proposed land use designations and zone districts would still facilitate the development of residential and commercial uses. Therefore, the project would not introduce new incompatible land uses and environmental hazards into existing residential areas. The project is consistent with General Plan Policy LU-5.4.

Access, Circulation, and Off-Site Improvements
Vehicular access to the site would be provided by one (1) point of ingress/egress to West Nielsen Avenue and one (1) point of ingress/egress to the south at the extension of North First Street, which also connects to a roadway that is being built along the southern boundary of the site. This new roadway along the southern boundary will provide access to Madera Avenue. The Project would also provide three (3) stub streets connections to future development of the surrounding area, including two (2) points of ingress/egress to the west (i.e., APNs 020-120-17S and 020-120-28S) and one (1) point of ingress/egress to the north (i.e., APN 020-120-11). Internal circulation within the site would be provided by public streets and pedestrian walkways.

The Project would include right-of-way dedications and off-site improvements along Nielsen Avenue, including, but not limited to, curb and gutter, sidewalks, ADA curb ramps, streetlights, landscaped median islands, irrigation, and permanent paving. Along the development frontage, the Project will dedicate sufficient right-of-way to achieve a half-width of 42 feet south of the center of Nielsen Avenue, in accordance with City Standard P-1. On the north side of Nielsen Avenue, opposite the project frontage, a half-width landscaped median island and a 12-foot westbound travel lane will be constructed. Along the frontage of the Remainer Parcel (TPM 2024-01), the Project will dedicate sufficient right-of-way to achieve a half-width varying between 24 to 30 feet south of centerline. On the north side of Nielsen Avenue, a 12’ travel lane and 4’ paved shoulder will be constructed. The Project will also re-construct Nielsen from the east end of development to State Route 145, to provide a 12’ travel lane and 4’ paved shoulders in each direction.

Street Transitions: Transitional paving will be constructed at the eastern and western ends of the project frontage to tie into existing roadway conditions and ensure smooth, safe travel. Additionally, Nielsen Avenue will be reconstructed from the eastern edge of the subdivision to State Route 145 to provide a consistent section with one 12-foot travel lane and 4-foot paved shoulder in each direction, per City requirements.

A traffic impact study was prepared for the project by JLB Traffic Engineering, Inc., dated May 21, 2025. The study evaluated projected trip generation based upon the trip generation rates and potential impacts associated with development occurring on the subject property in accordance with the proposed project. The project trip generation was determined using trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition) for daily, weekday AM (7:00-9:00am), and PM (4:00-6:00pm) peak hours. The single-family units and multi92 Section 7, Item C.
family units are anticipated to generate approximately 1,688 and 1,011 average daily trips, respectively. The general commercial development is anticipated to generate approximately 735 average trips. The project is estimated to generate a total of 3,434 daily trips. The weekday AM peak hour trips generated for the single-family units is estimated to be 125 trips, 60 trips for multi-family units, and 32 trips for general commercial, for a total of 217 AM peak hour trips on a weekday. The weekday PM peak hour trips generated for the single-family units is estimated to be 168 trips, 77 trips for multi-family units, and 89 trips for general commercial, for a total of 334 PM peak hour trips on a weekday.

The analysis contained in the traffic impact study indicates that roadway improvements are necessary to support the implementation of the project as well as to accommodate other traffic increases expected in the study area in 2046 scenarios. Future improvements identified in the study include three (3) intersections: State Route 145/Harvest Elementary Road, Siskiyou Avenue/State Route 180, and Del Norte Avenue/State Route 180. The traffic impact study recommended that the project contribute its equitable fair share, as established in the study, for those future improvements which are not covered by an existing impact fee program or grant funds.

Public Utilities and Service Systems (TSM 2023-03)
The project will tie into existing municipal water, sewer, and storm drain systems through the extension of existing systems. Sanitary sewer service would be provided through connection to the existing trunk sewer main in First Street at the east-west street along the southern boundary of the site. Domestic water service would also be provided through a connection point at the same location.

A drainage basin is proposed on-site in Outlot D of the subdivision on a portion of the parcel identified as APN 020-120-03S. The basin was adequately sized to accommodate stormwater runoff from the site. Associated electric, natural gas, telecommunications, and solid waste services are provided by private companies and will serve the project site as needed.

Other Department Comments
The project proposal wasreviewed by various other City Departments and affected outside agencies.

The responses and recommendations have been incorporated into the recommended conditions of approval included in this report. Comments are standard and can be found in Attachment ‘E’.

Conclusion
The proposed project is consistent with the Kerman General Plan and Zoning Ordinance as well as the Subdivision Map Act. Additionally, as conditioned, there is no evidence that suggests approval of the proposed project will be detrimental to the public, health, safety, and welfare of those residing or working nearby. To ensure the continued compatibility of the site with surrounding uses, conditions of approval have been incorporated.

ENVIRONMENTAL REVIEW:

The City Council adopted the Initial Study and Mitigation Negative Declaration for the proposed project following the public hearing on October 22, 2025.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, analyzed the proposed project and prepared an Initial Study 93 Section 7, Item C.
(ISMND) to evaluate the environmental effects of the project. The key components of the requested actions are as follows.

Initial Study and Mitigated Negative Declaration
An Initial Study (IS) is a preliminary analysis prepared under CEQA to determine whether a project has a significant impact on the environment. If the IS identifies potentially significant impacts but finds that these impacts can be clearly mitigated to a less-than-significant level, a Mitigated Negative Declaration (MND) is prepared. The MND includes the Initial Study, a description of the proposed mitigation measures, and a determination that the project, as revised, will not result in significant environmental effects. The Final IS/MND consists of the Administrative Draft IS/MND plus any public comments received to revise the IS/MND or mitigation measures in response.

Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) is a document that contains a table with the required mitigation measures, the responsible party or parties for implementing the measure, and the timing of implementation. The MMRP is contained in Attachment ‘G’.

IS/MND Process/Public Input and Noticing
The City, as the Lead Agency under CEQA, determined that an IS/MND was required for the proposed project. The firm, Precision Civil Engineering, was contracted by the City to prepare the IS/MND. The ISMND was assigned State Clearinghouse No. 2025060904. The preparation of the IS/MND followed the process prescribed by CEQA as described below.

Notice of Intent
Upon the City’s determination that an IS/MND was required for this project, a Notice of Intent (NOI) was made available to the public and responsible trustee agencies to solicit input on the issues of concern that should be addressed in the IS/MND. The NOI was issued on June 18, 2025, for a 20-day public review period. No comment letters were received.

Draft IS/MND
The Draft IS/MND was circulated for a 20-day review period from June 18, 2025 to July 9, 2025. The Draft IS/MND was circulated through the State Clearinghouse (SCH No. 2025060904), posted on the City’s website, and available at City Hall. As of the date of this staff report, no comments were received.

Final IS/MND
The Final IS/MND consists of the revised Draft IS/MND in which the City addressed all comments and possible propose changes to the Draft IS/MND, if needed.

Notice of Completion
Upon completion of the public review period for the NOI, a Notice of Completion (NOC) was filed with the State Clearinghouse to indicate that the review period for the Draft IS/MND had concluded.

Tribal Consultation
The City of Kerman conducted formal tribal consultation for the proposed Project pursuant to AB 52 94 Section 7, Item C.
and SB 18 on March 8, 2024, utilizing the consultation list of tribes received from the Native American Heritage Commission. The following tribes included the North Fork Rancheria of Mono Indians, Northern Valley Yokut/Ohlone Tribe, Picayune Rancheria of the Chuckchansi Indians, Santa Rosa Rancheria Tachi Yokut Tribe, Table Mountain Rancheria, Tule River Indian Tribe, and Wukssachi Indian Tribe/Eshom Valley Band. These tribes were included in the formal consultation. Consultation for AB 52 ended on April 19, 2024, and consultation for SB 18 ended on June 6, 2024. Santa Rosa Rancheria Tachi Yokut Tribe and Table Mountain Rancheria responded, declining participation in tribal consultation. The NAHC also conducted a Sacred Lands File (SFL) search which was negative.

PUBLIC HEARING NOTICE:

In accordance with KMC Chapter 17.116, Public Notices and Hearings, public hearing notices were mailed to property owners and residents within 500 feet of the site and published in the Fresno Bee at least 10 days before the hearing.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing to consider the project at a special meeting on September 22, 2025. At the Planning Commission, questions were asked regarding the infrastructure required of the project and there was a discussion of the projects compliance with the Subdivision Map Act. All items were clarified at the hearing. One member of the public spoke, but was not in opposition. He made a request to include his land in the annexation. Given that this project is far along on the process, it would be difficult to include this adjacent property in the current annexation application for the subject project.

On a 5-0 vote, the Planning Commission adopted Resolution No. 2025-05(GPA 2023-02 and SCH No. 2025060904), Resolution No. 2025-06 (REZ 2023-03), Resolution No. 2025-07 (TPM 2024-01), Resolution No. 2025-08 (TSM 2023-03) and Resolution No. 2025-09 (ANX 2023-03), recommending that the City Council approve GPA 2023-02, REZ 2023-03, TPM 2024-01, and TSM 2023-03, initiate ANX 2023-03, and certify the IS/MND. The Planning Commission Resolutions are provided in Attachment ‘F’.

CITY COUNCIL FINDINGS:

Rezone 2023-03
To approve the proposed Rezone 2023-03, the City Council must make the following findings pursuant to KMC 17.112. Amendments and Rezones.

1. The change is consistent with the General Plan.

2. The change is consistent with the purpose of the Zoning Ordinance to promote the health, safety, and welfare of the community.

3. There will not be significant effects upon the quality of the environment and natural resources.

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘H’). 95 Section 7, Item C.

Tentative Parcel Map 2024-01
To approve the proposed Tentative Parcel Map 2024-01, the City Council must determine that the proposed map is consistent with the General Plan, Zoning Ordinance, and the Subdivision Map Act subject to the following consistency findings:

1. The proposed map is consistent with the applicable General Plan, Subdivision Ordinance, Specific Plan, and the Subdivision Map Act.

2. The design or improvement of the proposed land division is consistent with applicable general plan and specific plans.

3. That the site is physically suitable for the proposed type of development.

4. That the site is physically suitable for the proposed density of development.

5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat.

6. The design of the land division and type of improvements being required are not likely to cause serious public health problems.

7. The design of the parcels or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

8. That the proposed design provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Government Code Section 66473.1.

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘I’).

Tentative Subdivision Map 2023-03
To approve the proposed Tentative Subdivision Map 2023-03, the City Council must determine that the proposed map is consistent with the General Plan, Zoning Ordinance, and the Subdivision Map Act subject to the following consistency findings:

1. The proposed map is consistent with the applicable General Plan, Subdivision Ordinance, Specific Plan, and the Subdivision Map Act.

2. The design or improvement of the proposed land division is consistent with applicable general plan and specific plans.

3. That the site is physically suitable for the proposed type of development. 96 Section 7, Item C.

4. That the site is physically suitable for the proposed density of development.

5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat.

6. The design of the subdivision and type of improvements being required are not likely to cause serious public health problems.

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

8. That the proposed design provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Government Code Section 66473.1.

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘J’).

Annexation 2023-03
To approve the proposed Annexation 2023-03, the City Council must make the following findings pursuant to the City/County Second Amended and Restated MOU standards for annexation:

1. The proposed annexation is within the City’s adopted Sphere of Influence.

2. The proposal must be consistent with city general and specific plans, including adopted goals and policies.

3. Pursuant to CEQA, the proposal must mitigate any significant adverse effect on continuing agricultural operations on adjacent properties, to the extent reasonable and consistent with the applicable general and specific plan.

4. At least 25% of the area proposed for annexation has an approved tentative subdivision map(s) (single-family residential) and an approved site plan (for uses besides single-family).

5. The annexation is to fulfill the city’s Regional Housing Needs Allocation (RHNA) obligation which otherwise cannot be accommodated on lands currently within the city’s incorporated boundary.

6. The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas and corridors, or other distortion of boundaries.

Findings regarding each of these items are set forth in the proposed Resolution (Attachment ‘K’). 97 Section 7, Item C.

ATTACHMENTS:

A. Attachment ‘A’ – Project Vicinity Map
B. Attachment ‘B’ – Aerial Map of the Project Site
C. Attachment ‘C’ – General Plan Land Use Designation Map (Existing) for Project Site D. Attachment ‘D’ – Zoning District Map (Existing) for Project site E. Attachment ‘E’ – Other Agency/Department Comments
F. Attachment ‘F’ – Planning Commission Resolutions

1. Resolution No. 2025-05 regarding General Plan Amendment 2023-02 and Mitigated Negative Declaration (SCH No. 2025060904)

2. Resolution No. 2025-06 regarding Rezone 2023-03

3. Resolution No. 2025-07 regarding Tentative Parcel Map 2024-01

4. Resolution No. 2025-08 regarding Tentative Subdivision Map 2023-03

5. Resolution No. 2025-09 regarding Annexation 2023-03
G. Attachment ‘G’ – Resolution No. 25-79 Approving General Plan Amendment 2023-02 and Mitigated Negative Declaration (SCH No. 2025060904)

1. Exhibit 1 – General Plan Amendment 2023-02

2. Exhibit 2 – Initial Study and Mitigated Negative Declaration

3. Exhibit 3 – Mitigation Monitoring and Reporting Program H. Attachment ‘H’ – Rezone 2023-03

1. Exhibit 1 – Rezone 2023-03
I. Attachment ‘I’ – Resolution regarding Tentative Parcel Map 2024-01

1. Exhibit 1 - Tentative Parcel Map 2024-01

2. Exhibit 2 – Conditions of Approval for Tentative Parcel Map 2024-01 J. Attachment ‘J’ – Resolution regarding Tentative Subdivision Map 2023-03

1. Exhibit 1 – Tentative Subdivision Map 2023-03

2. Exhibit 2 – Conditions of Approval for Tentative Subdivision Map 2023-03 K. Attachment ‘K’ – Resolution regarding Annexation 2023-03

1. Exhibit 1 – Annexation 2023-03
98 Section 7, Item C.

ATTACHMENT ‘A’
Project Vicinity Map
99 Section 7, Item C.

ATTACHMENT ‘B’
Aerial Map of the Project Site
100
Section 7, Item C.

ATTACHMENT ‘C’
General Plan Land Use Designation Map (Existing) for Project Site 101
Section 7, Item C.

ATTACHMENT ‘D’
Zoning District Map (Existing) for Project site
102
Section 7, Item C.

ATTACHMENT ‘E’
Other Agency/Department Comments
103
Section 7, Item C.

ATTACHMENT ‘F’
Planning Commission Resolutions
104
Section 7, Item C.

ATTACHMENT ‘G’
Resolution No. 25-79 Approving General Plan Amendment 2023-02 and Mitigated Negative Declaration (SCH No. 2025060904)
105
Section 7, Item C.

Attachment ‘H’
ORDINANCE NO. 25-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING REZONE 2023-03 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF KERMAN FOR TWO (2) PARCELS IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS (APNS) 020-120-06 (19.82 ACRES) AND 020-120-03S (20 ACRES), PREZONING THE PARCELS CONSISTENT WITH THE PROPOSED LAND USE DESIGNATIONS, RESULTING IN APPROXIMATELY 30.39 ACRES WITHIN THE SMART DEVELOPMENT COMBINING DISTRICT – RESIDENTIAL – MINIMUM 3,500 SQUARE FEET (SD-R-3.5) AND 8.74 ACRES WITHIN THE MIXED USE DISTRICT, TOTALING APPROXIMATELY 39.13 ACRES LOCATED ON THE SOUTH SIDE OF WEST NIELSEN

AVENUE BETWEEN NORTH MADERA AVENUE AND NORTH DEL NORTE AVENUE WHEREAS, Rezone 2023-03 pertains to two (2) parcels (APNs 020-120-06 and 020-120-3S) consisting of approximately 39.13 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (“project site), requesting to amend the Official Zoning Map of the City of Kerman; and
WHEREAS, the project site is located within the City of Kerman Sphere of Influence, but since it is outside City limits, the site is zoned by the County and is within the County of Fresno’s Agricultural Exclusive – 20 acres (AE-20) and Limited Agricultural – 20 acres (AL-20) zone districts; and WHEREAS, because the project site is outside City limits, the project requires annexation and pre-zoning to a zone district consistent with the City of Kerman 2040 General Plan; and WHEREAS, Rezone 2023-03 requests to pre-zone/rezone the two (2) parcels (APNs 020-120-06 and 020-120-3S) to zoning districts consistent with the planned land use designations, upon approval of General Plan Amendment 2023-02; and
WHEREAS, the pre-zone/rezone would result in approximately 30.39 acres within the Smart Development Combining District – Residential – Minimum 3,500 Square Feet (SD-R-3.5) and 8.74 acres within the Mixed Use District (MU) as shown in Exhibit ‘1’; and WHEREAS, approval of the project would 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, 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 Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; and 106
Section 7, Item C.

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 has 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 Rezone 2023-03; and WHEREAS, pursuant to the provision of Title 17 of the Kerman Municipal Code, the City of Kerman City Council held a public hearing on October 22, 2025 to consider Rezone 2023-03 during which the Council solicited public testimony, and considered the environmental assessment; and WHEREAS, the City Council now desires to approve Rezone 2023-03 to amend the Official Zoning Map of the City of Kerman for two (2) parcels (APNs 020-120-06 and 020-120-03S), prezoning the parcels to SD-R-3.5 and MU zoning districts, consistent with the planned land use designations, upon approval of General Plan Amendment 2023-02.

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

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

2. CEQA: The City Council previously certified the IS/MND (SCH No. 2025060904) for the project. The IS/MND identified the pre-zoning of the project site. The pre-zoning does not change the environmental assessment of the IS/MND. Further, the IS/MND was recently certified at the public hearing regarding the project. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds Rezone 2023-03 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. Rezone Findings. The City Council finds as follows:
a. The change is consistent with the General Plan. 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 and mixed 107
Section 7, Item C.
use uses, which requires the removal of the acreage of land designated for commercial uses.

The project would facilitate future residential and commercial development within an area with existing and planned residential, 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 LU1.4 (Limit Residential Development Along Highways), LU-1.6 (Agricultural Buffers), LU-3.2 (Urban Form), LU-3.3 (Prevent Sprawl Development), LU-3.4 (Leapfrog Development) LU-4.5 (Right-to-Farm 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 promote the health, safety, and welfare of the community. The project requests 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 Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) 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.

4. Approval for Rezone. Given that all the findings can be made, City Council approves Rezone 2023-03 to amend the Official Zoning Map of the City of Kerman for two (2) parcels (APNs 020-120-06 and 020-120-03S), pre-zoning the parcels to SD-R-3.5 and MU zoning districts, consistent with the planned land use designations as set forth in Exhibit ‘1’.

5. Severability: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more 108
Section 7, Item C.
sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

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

7. Effective Date of Ordinance: This ordinance shall be in full force and effect thirty (30) days after its passage.

The foregoing ordinance was introduced at a regular meeting of the City of Kerman City Council on the 22nd day of October, 2025, and passed and adopted at a regular meeting of the City Council on the 12th day of November, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing ordinance is hereby approved.
_____________________
Maria Pacheco
Mayor
_____________________
Josie Camacho
City Clerk
Exhibit ‘1’: Rezone 2023-03
109
Section 7, Item C.

Exhibit ‘1’
Rezone 2023-03
Prior Zoning (County) New Zoning (City)

110
Section 7, Item C.

Attachment ‘I’
RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING THE ORCHARDS AT GILL ESTATES PARCEL MAP OF TWO (2) PARCELS IDENTIFIED AS 020-120-06 (19.82 ACRES) AND 020-120- 03S (20 ACRES) INTO TWO (2) PARCELS AND ONE (1) REMAINDER, INCLUDING A 28.35-ACRE “PARCEL 1” THAT WOULD ACCOMMODATE TSM 2023-03, A 8.74-ACRE “PARCEL 2” ON THE EAST PORTION OF APN 020-120-06 WITH NO DEVELOPMENT PROPOSED AT THIS TIME, AND A 2.04-ACRE “REMAINDER”

ON THE NORTHWEST CORNER WITH AN EXISTING SINGLE-FAMILY RESIDENCE (TENTATIVE PARCEL MAP 2024-01)
WHEREAS, Lifetime Communities submitted Tentative Parcel Map 2024-01 pertaining to two (2) parcels (APNs 020-120-06 and 020-120-03S) that total approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (“project site”); and
WHEREAS, Tentative Parcel Map 2024-01 proposes to split the two (2) parcels into two (2) parcels and one (1) remainder (Exhibit ‘1’); and
WHEREAS, General Plan Amendment 2023-02, Rezone 2023-03, Annexation 2023-03, and Tentative Subdivision Map 2023-03 were considered concurrently by the Planning Commission with Tentative Parcel Map 2024-01; and
WHEREAS, 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, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; 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 Tentative Parcel Map 2024-01; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred, and the City Council now desires adoption of a resolution approving Tentative Parcel Map 2024-01.

NOW, THEREFORE, the City Council of the City of Kerman resolves 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.
111
Section 7, Item C.

2. CEQA: The City Council concurrently certified the IS/MND (SCH No. 2025060904) for the project. The IS/MND identified the land division of the project site. The land division does not change the environmental assessment of the IS/MND. Further, the City Council certified the IS/MND for this project. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds that Tentative Parcel Map 2024-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the subdivision is consistent with the density and land use designated by the General Plan, as well as circulation, pedestrian accessibility, and other design or improvement requirements of the General Plan. There is no specific plan applicable to the site.
c. That the site is physically suitable for the proposed type of development. Tentative Parcel Map 2024-01 would split the two (2) parcels identified as APNs 020-120-06 and 020-120- 03S into two (2) parcels and one (1) remainder parcel to facilitate future residential and commercial uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, land characteristics, including topography, soil conditions, drainage patterns, ingress/egress and access 112
Section 7, Item C.
points, and utility availability are appropriate and can accommodate future development without significant challenges or modifications.
d. That the site is physically suitable for the proposed density of development. Tentative Parcel Map 2024-01 would split the two (2) parcels identified as APNs 020-120-06 and 020-120-03S into two (2) parcels and one (1) remainder parcel. The parcel sizes conform to the standards of development as defined by the Zoning Ordinance for the applicable development zone districts. Future development would be subject to compliance with applicable development standards, including allowable density and intensity. Compliance with these standards would be ensured through the entitlement review process. e. The design of the land division and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. 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, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) 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.
f. The design of the land division and type of improvements being required are not likely to cause serious public health problems. All improvements shall be required by the City and shall include sewer, water, underground power, telephone, gas, concrete curbs, gutters, sidewalks, permanent street pavement, and streetlights. The project will be tied into existing municipal water, sewer, and storm drain systems through the extension of existing systems Sanitary sewer service would be provided through connection to the existing trunk sewer main in First Street at the east-west street along the southern boundary of the site. Domestic water service would also be provided through a connection point at the same location. A drainage basin is proposed on-site in Outlot D of the subdivision on a portion of the parcel identified as APN 020-120-03S. The basin was adequately sized to accommodate stormwater runoff from the site. Associated electric, natural gas, telecommunications, and solid waste services are provided by private companies and will serve the project site as needed. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the design of the land division and type of improvements being required are not likely to cause serious public health problems.
g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. There are no public easements encumbering the property.

Upon development, all modifications made to the existing public improvements fronting the parcels will be required to meet current City standards. 113
Section 7, Item C.
h. That the proposed design provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Government Code Section 66473.1. As feasible, the project has attempted to take advantage of passive or natural cooling opportunities in subdivision design. Appropriate consideration was given to the local climate, while ensuring that heating and cooling opportunities did not result in the reduction of allowable densities or the percentage of a lot that may be occupied as contemplated by Government Code section 66473.1.

4. Approved with Conditions. Based on the aforementioned findings, the City Council adopts a resolution to approve Tentative Parcel Map 2024-01 (Exhibit ‘1’), subject to the conditions set forth in Exhibit ‘2’ (Tentative Parcel Map 2024-01 conditions of approval) attached hereto.

5. Effective Date of Resolution. This Resolution shall become effective immediately after the City Council approves Rezone 2023-03 and said ordinance adopting the same then becomes effective.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting held 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
Exhibit ‘1’: Tentative Parcel Map 2024-01
Exhibit ‘2’: Conditions of Approval for Tentative Parcel Map 2024-01 114
Section 7, Item C.

Exhibit ‘1’
Tentative Parcel Map 2024-01
115
Section 7, Item C.

Exhibit ‘2’
Conditions of Approval
Tentative Parcel Map No. 2024-01
The Orchards at Gill Estates
Engineering Division Conditions of Approval
The conditions of development approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of such fees, and a description of the dedications, reservations and other exactions. The applicant is hereby notified that the 90-day protest period commences from the date of approval of the development. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

A. General

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

2. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.

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

4. Install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development prior to final acceptance of the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the applicant shall present the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.

B. Maps and Plans

1. Submit a 18” x 26” final map, prepared by a registered civil engineer or licensed land surveyor, and adhering to Subdivision Map Act requirements and City of Kerman Municipal Code. The final map shall be drawn at a scale of 1"=100' and include the current filing fee, closure calculations, preliminary title report dated within 30 days of submittal, legal descriptions and 116
Section 7, Item C.
drawings of required dedications. Upon approval of the final map, applicant shall submit a reproducible/electronic copy (PDF) to the City Engineer.

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

1. Provide right-of-way acquisition or dedicate free and clear of all encumbrances the following streets to City standards, unless otherwise shown on the tentative parcel map:
a) Nielsen Avenue
i) Lot 1 Frontage: Dedicate right-of-way and easements, along development frontage, in accordance with City Standard P-1, to achieve a Collector street half width of 42’ south of center/section.
ii) Remainder Parcel Frontage: Dedicate right-of-way to achieve a modified Collector street half width varying from 24’ to 30’ south of center/section.

2. Dedicate a 10’ public utility easement along all streets and all other locations requested by utility companies. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer. 117
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Attachment ‘J’
RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING THE ORCHARDS AT GILL ESTATES SUBDIVISION OF ONE (1) PARCEL INTO 172 SINGLE-FAMILY LOTS RANGING IN SIZE FROM 3,690 SQUARE FEET TO 8,987 SQUARE FEET AND FIVE (5) OUTLOTS, TOTALING APPROXIMATELY

28.35 ACRES LOCATED ON THE SOUTH SIDE OF WEST NIELSEN AVENUE BETWEEN NORTH MADERA AVENUE AND NORTH DEL NORTE AVENUE (TENTATIVE SUBDIVISION MAP 2023-03) WHEREAS, Lifetime Communities submitted Tentative Subdivision Map 2023-03. “The Orchards at Gill Estates,” pertaining to one (1) parcel (Parcel 1 of Tentative Parcel Map 2024-01) consisting of approximately 28.35 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (“project site”); and WHEREAS, Tentative Subdivision Map 2023-03 proposes to subdivide the 28.35 acres into 172 single-family lots, ranging in size from 3,690 square feet to 8,987 square feet (Exhibit ‘1’); and WHEREAS, General Plan Amendment 2023-02, Rezone 2023-03, Annexation 2023-03, and Tentative Parcel Map 2024-01 were considered concurrently by the Planning Commission with Tentative Subdivision Map 2023-03; and
WHEREAS, 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, Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; 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 Tentative Subdivision Map 2023-03; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred, and the City Council now desires to recommend to approve Tentative Subdivision Map 2023-03.

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

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

2. CEQA: The City Council concurrently certified the IS/MND (SCH No. 2025060904) for the project. The IS/MND identified the subdivision. The subdivision does not change the environmental assessment of the IS/MND. Further, the City Council certified the IS/MND for this project. The City Council further 118
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finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds that Tentative Subdivision Map 2023-03 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. Subdivision Findings. The City Council determines that none of the findings required by the City’s Subdivision Ordinance and the California Subdivision Map Act Section 66474 that require the City to deny approval of a tentative map apply to this project, or that findings regarding flood protection cannot be made. To the contrary, the City Council finds, as follows:
a. The proposed map is consistent with the applicable General Plan, Subdivision Ordinance, Specific Plan, and the Subdivision Map Act. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, Tentative Subdivision Map 2023-03 is consistent with all local planning documents including the General Plan, Subdivision Ordinance, and Zoning Ordinance, and the Subdivision Map Act. b. The design or improvement of the proposed land division is consistent with applicable general plan and specific plans. Tentative Subdivision Map 2023-03 is consistent with the intended land uses, density, and development standards outlined in the General Plan. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the subdivision is consistent with the density and land use designated by the General Plan, as well as circulation, pedestrian accessibility, and other design or improvement requirements of the General Plan. There is no specific plan applicable to the site.
c. That the site is physically suitable for the proposed type of development. Tentative Subdivision Map 2023-03 would subdivide “Parcel 1” of the Tentative Parcel Map 2024-01 to create 172 parcels to support single-family uses. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, land characteristics, including topography, soil conditions, drainage patterns, ingress/egress and access points, and utility availability are appropriate and can accommodate future development without significant challenges or modifications. d. That the site is physically suitable for the proposed density of development. Tentative Subdivision Map 2023-03 would subdivide “Parcel 1” of the Tentative Parcel Map 2024-01 to create 172 parcels. The lot areas will conform to the standards of development as defined by the Zoning Ordinance for the applicable development zone districts. Future development will 119
Section 7, Item C.
be subject to compliance with applicable development standards, including allowable density and intensity. Compliance with these standards would be ensured through the entitlement review process.
e. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. 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 Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) 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.
f. The design of the subdivision and type of improvements being required are not likely to cause serious public health problems. All improvements shall be required by the City and shall include sewer, water, underground power, telephone, gas, concrete curbs, gutters, sidewalks, permanent street pavement, and streetlights. The project will be tied into existing municipal water, sewer, and storm drain systems through the extension of existing systems.

Sanitary sewer service would be provided through connection to the existing trunk sewer main in First Street at the east-west street along the southern boundary of the site. Domestic water service would also be provided through a connection point at the same location. A drainage basin is proposed on-site in Outlot D of the subdivision on a portion of the parcel identified as APN 020-120-03S. The basin was adequately sized to accommodate stormwater runoff from the site. Associated electric, natural gas, telecommunications, and solid waste services are provided by private companies and will serve the project site as needed. Through compliance with applicable development standards, environmental mitigation measures, and conditions of approval, the design of the subdivision and type of improvements being required are not likely to cause serious public health problems. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. There are no public easements encumbering the property. Upon development, all modifications made to the existing public improvements fronting the parcels will be required to meet current City standards.
h. That the proposed design provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Government Code Section 66473.1. As feasible, the project has attempted to take advantage of passive or natural cooling opportunities in subdivision design. Appropriate consideration was given to the local climate, while ensuring that heating and cooling opportunities did not result in the reduction of allowable densities or the percentage of a lot that may be occupied as contemplated by Government Code section 66473.1.
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4. Approved with Conditions. Based on the aforementioned findings, the City Council adopts a resolution to approve Tentative Subdivision Map 2023-03 (Exhibit ‘1’), subject to the conditions set forth in Exhibit ‘2’ (Tentative Subdivision Map 2023-03 conditions of approval) attached hereto.

5. Effective Date of Resolution. This Resolution shall become effective immediately after the City Council approves Rezone 2023-03 and said ordinance adopting the same then becomes effective.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular 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
Exhibit ‘1’: Tentative Subdivision Map 2023-03
Exhibit ‘2’: Tentative Subdivision Map No. 2023-03 Conditional of Approval 121
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Exhibit ‘1’
Tentative Subdivision Map 2023-03
122
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Exhibit ‘2’
Conditions of Approval
Tentative Subdivision Map No. 2023-03
The Orchards at Gill Estates Residential Subdivision
Community Development Department Conditions of Approval

1. Project approval is conditioned upon applicant’s acceptance of the conditions of approval contained herein.

2. The applicant shall obtain express written approval of the Community Development Director for a deferment, modification, or waiver of any conditions of approval.

3. The applicant shall relay all conditions of approval for this project to all subsequent purchasers of individual lots, if applicable, or to subsequent purchasers of this entire subdivision.

4. All conditions of approval shall be the sole financial responsibility of the applicant, except where otherwise specified in the conditions of approval listed herein, via a separate development agreement, or as mandated by statutes.

5. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program prepared for this development.

6. It shall be the responsibility of the applicant to ensure that all required approvals, permits, and/or inspections from any entity having jurisdiction, are obtained prior to issuance of final occupancy for any lot.

7. For the lots designated for single-family within the smart development combining district, the applicant shall apply for a Development Plan Review Permit to ensure a comprehensive development of superior quality than which might otherwise occur from more traditional development. The Development Plan Review Permit shall be approved prior to the issuance of any building permit.

8. For the lot designated for mixed-use, any proposed development will be required to go through the development review process and obtain approvals for development separately.

9. The applicant shall obtain City approval in advance for any temporary or permanent subdivision signs through the sign review process, in accordance with the City’s Zoning Code.

10. No more than two of the same unit type (floor layout and exterior materials package) shall be repeated side by side. When two of the same units are repeated side by side, they shall be different colors. These identical provisions may be waived by the Community Development Director on a specific lot basis within the project when the size or configuration of a lot would otherwise prevent compliance with the above requirements or any other siting or setback/yard requirements. If such a waiver is requested, the applicant and the Community Development Director shall work together to ensure that any siting of units not in compliance with the above 123
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requirements shall be of different materials and elevations in order to minimize any adverse visual impacts.

11. A right-to-farm covenant, approved as to legal form by the City Attorney, shall be recorded prior to the recording of the Final Map. The covenant shall be disclosed to all future homebuyers.

12. All landscaping (public planter/park strips, open space areas, outlots, typical lot plans, etc.) shall conform to the California Model Water Efficient Landscape Ordinance (MWELO) and all other applicable City standards. Preliminary landscape plans for all landscape areas shall be submitted for review and approval by the Community Development Department prior to the submittal of construction documents for review and approval.

13. All residential lots shall provide an all-weather surface and path for the movement and storage of trash toters. The path shall lead from the street to within the fenced side yard of each lot.

14. The applicant shall dedicate an approximately 1.54-acre neighborhood park (Outlot ‘C’) for public purposes. The park shall be developed with landscaping (trees and shrubs), spacious turf area, shade structure to accommodate a minimum of four (4) picnic tables, ADA compliant amenities, and a playground area for children. The development of the park will require a conditional use permit. A site plan, landscaping plan, and information on all structures, equipment, and materials to be provided shall be submitted for review and approval by the Parks and Recreation Department as part of the conditional use permit approval process. 124
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Engineering Division Conditions of Approval
The conditions of development approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of such fees, and a description of the dedications, reservations and other exactions. The applicant is hereby notified that the 90-day protest period commences from the date of approval of the development. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

A. General

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

2. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.

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

4. Pay all applicable development impact fees (DIFs) prior to final inspection or certificate of occupancy, whichever comes first. The City may require payment of DIFs at an earlier time if it is determined that any of the provisions of Government Code Section 66007(b)(1) are satisfied. DIF rates shall be those in effect at the time of final map approval. If all development impact fees are not paid within two years of the date the final map is recorded, then those outstanding fees will have to be paid at the rate in effect at the time of collection. The applicant may be eligible for fee credits or fee reimbursements for oversizing of facilities or construction of other eligible facilities included in the City of Kerman’s Impact Fee Study. The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements. For any improvements deemed eligible for fee credits or reimbursements, the applicant shall submit itemized quantity and unit costs for each item, including backup documentation (i.e. contracts, invoices, payments, etc.), for review and approval by the City Engineer prior to acceptance of the improvements by the City.

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

6. Provide security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.
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7. Provide a soils report or a waiver of soils report for approval by the City Engineer with the first submittal of the improvement plans.

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

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

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

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

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

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

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

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

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

17. Maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Kerman Police Department, North Central Fire Protection District, and City Engineer. For developments occurring in phases, the applicant shall submit a schedule showing the sequence of development within the area covered by the tentative map.
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18. Assume responsibility for all contractor’s actions during the course of any work occurring on the site. Designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the applicant. Said authorized representative shall be present while work is in progress. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the applicant or his authorized representative is not present for any part of the work where it may be necessary to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person(s) in charge of the particular work in reference to which the orders are given. Whenever orders are given to the applicant ’s representative or superintendent or foreman to do work required for the convenience and safety of the general public, such work shall be done at the applicant’s expense.

19. Install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development prior to final acceptance of the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the applicant shall present the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.

B. Maps and Plans

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

2. Comply with the City’s Final Map and Improvement Plans Checklists in preparation of final map(s) and construction documents.

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

4. Submit a set of 24” x 36” construction plans prepared by a licensed Civil Engineer for review and approval of all required improvements prior to the release of any development permits.

The plans shall include a site grading and drainage plan, landscaping and irrigation plans, and on-site and off-site utilities plan, if applicable, showing locations and sizes of storm drain, sewer and water mains, laterals, manholes, meters, valves, hydrants, etc. 127
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5. Submit a reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans, and two (2) bound sets of the approved construction specifications, if any, prior to beginning any construction, or within ten (10) calendar days of approval.

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

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

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

1. Provide right-of-way acquisition or dedicate free and clear of all encumbrances and improve the following streets to City standards:
a) Nielsen Avenue
i) Dedicate right-of-way and easements, along development frontage, in accordance with City Standard P-1, to achieve a Collector street half width of 42’ south of center/section.
ii) Dedicate right-of-way and easements, along Remainder Parcel (TPM 2024-01) frontage, to achieve a modified street half width varying from 24’ to 30’ south of center/section.
iii) Relinquish all direct vehicular access from all single-family residential lots backing or siding onto this street.
iv) Construct improvements south of center/section line, along development frontage, in accordance with City Standard P-1 for a Collector Street. Improvements shall include, but not be limited to, curb and gutter, sidewalk, curb ramps, streetlights, landscaped median island, landscaping, irrigation, and permanent paving. North of center/section line, construct half-width landscaped median island, and 12’ westbound travel lane.
v) Construct improvements south of center/section line along the Remainder Parcel (TPM 2024-01) frontage. Improvements shall include, but not be limited to, curb and gutter, sidewalk, curb ramps, streetlights, median island (geometry and construction to be approved by the City Engineer during improvement plan review process), and permanent paving. North of center/section line, construct 12’ travel lane and 4’ paved shoulder.
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vi) Re-construct Nielsen, from the east end of the development to State Route 145, to provide one 12’ travel lane and 4’ paved shoulders in each direction. vii) Construct transitional paving as required.
b) East-West Street adjacent to the South
i) Relinquish all direct vehicular access from all single-family residential lots backing or siding onto this street.
c) 50’ Interior Residential Streets
i) Dedicate right-of-way and easements, in accordance with City Standard P-1. ii) Construct improvements including curb and gutter, sidewalk, drive approaches, curb ramps, streetlights, landscaping and irrigation, and permanent paving. iii) Relinquish vehicular access to future mixed-use development east of the proposed development (Lot 2 of TPM 2024-01).
d) Madera Avenue (State Route 145)
i) Harvest Elementary Road (east-west street along southern boundary of the development) Intersection: Complete the Intersection Safety and Operational Assessment Process (ISOAP) process in accordance with Caltrans comment letter dated March 27, 2025. For any improvements required as a result of the ISOAP, comply with the developments Fair Share contribution recommendation included in the Traffic Impact Analysis dated May 21, 2025.
ii) For information, the future development of the mixed-use lot to the east of the proposed development (Lot 2 of TPM 2024-01) will be required to construct frontage improvements along Madera Avenue (SR 145). Lane configuration, shoulder, curb and gutter, sidewalk, lighting, etc. should match the roadway configuration directly to the south. Improvement requirements will be included in the conditions of approval for future entitlements for development of the mixed-use lot.

3. Obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests.

These designs shall be compared to the minimum section given below and approved by the City Engineer.
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Street Designation Minimum Section
Residential Street 2” HMA/4” AB, CL II/6” CNS
Collector Street 3” HMA/6” AB, CL II/6” CNS

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

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

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

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

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

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

10. Provide street names consistent with existing street alignments, where applicable. Where existing street alignments do not exist, proposed street names shall be submitted for review by the Community Development Director. Names matching existing county roads or city streets must maintain the current suffix. When deemed practical, entry streets, cul-de-sacs, and courts should utilize the name of the nearest street. All street names shall be approved by the Community Development Director.

11. Subdivision signage shall comply with applicable Building & Fire Code and Section 17.30.070 of the Kerman Municipal Code.

D. Sanitary Sewer

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

2. Dedicate a minimum 15’ wide easement for all onsite sewer mains not located in dedicated rights-of-way. Wider easements may be required for sewer mains that are oversize, trunk, deep, or any other condition per the discretion of the City Engineer. 130
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3. Dedicate Outlot A for public sewer purposes. Surface with crushed rock or other material per City Engineer’s requirements.

4. Connect to the nearest 18” sanitary sewer main available to serve the development, located at the northern dead end of First Street at the intersection with Harvest Elementary Road (east-west street adjacent to the southern boundary of the development). The applicant ’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.

5. Install sanitary sewer mains of the size and in the locations indicated below. The applicant ’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
a) Interior Streets: Minimum of 8” sewer mains throughout development. b) Avenue ‘B’ and Roads ‘C’ and ‘D’: Install ”12" sewer main alignment between Nielsen Avenue and the northern dead end of First Street at the intersection with Harvest Elementary Road (east-west street adjacent to the southern boundary of the development).

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

E. Water

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

2. Dedicate a 10’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in dedicated rights-of-way. Alternative easement widths may be required at the discretion of the City Engineer.

3. Connect to the nearest 12” water main available to serve the development, located at the northern dead end of First Street at the intersection with Harvest Elementary Road (eastwest street adjacent to the southern boundary of the development). Connect to the water main in Harvest Elementary Road (east-west street adjacent to the southern boundary of the development) as a second point of connection. The applicant ’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.

4. Install water mains of the sizes and in the locations indicated below and provide an adequately looped water system, consisting of at minimum two connection points. The 131
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applicant ’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
a) Nielsen Avenue: 12” water main along the development and Remainder Parcel (Tentative Parcel Map 2024-01) frontage.
b) Interior Streets: Minimum of 8” water mains throughout development. c) Mixed-use Lot: Install 8” water main within easement on the mixed-use lot (Lot 2 of TPM 2024-01) along eastern side of development, west through Outlot E, and connect to water main in Road ‘F’.

5. Install water services, size as necessary, to each lot within the development in accordance with City Standards. Water services shall be grouped at property lines. Additionally, install water services to existing parcels’ property lines, not currently served and fronting the proposed water main improvements.

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

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

8. Install fire services in accordance with North Central Fire Protection District requirements and City Standards. Fire services shall include a detector check.

9. Install fire hydrants at locations approved by the North Central Fire Protection District (NCFPD). Fire hydrants and curbs shall be painted as directed by the NCFPD. Documentation of NCFPD approval of fire hydrant locations must be submitted prior to approval of the improvement plans.

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

F. Grading and Drainage

1. Provide a temporary on-site retention basin for storm water disposal. The size and design shall be in accordance with the requirements of the City Engineer and may change based on design calculations and access requirements for maintenance. Sizing calculations shall be provided on the grading plan. The owner of the property on which the temporary basin is to be constructed shall be responsible for maintenance, unless otherwise approved via the required temporary basin covenant. The temporary basin is solely for the convenience of the development.
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2. Backfill the temporary basin within ninety (90) days after notice by the City that the permanent facility is available, and the temporary basin is no longer needed. In the event the owner fails to backfill said basin, the City may cause the basin to be backfilled. A lien to cover the cost of work will be placed on the property on which the basin is located. A covenant stating these requirements shall be prepared and recorded, as a condition precedent to the recordation of the final map, on the lot on which the basin is to be located.

3. Install storm drain pipes of the sizes and in the locations indicated below. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements.
a) Interior Streets: The minimum size of storm drain pipes shall be 15” diameter. Pipe sizing shall be supported by the required H&H calculations. b) Avenue ‘C’ and Road ‘C’: 30” storm drain in accordance with the City’s Storm Drain Master Plan.

4. Submit hydrologic and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by the City Engineer. Form of H&H calculations shall be approved by the City Engineer prior to submittal.

5. Install masonry block walls in accordance with City Standards, with a minimum height of 6 feet above finished grade on the high side, and of a design, material, and color approved by the Community Development Director at the following locations:
a) Nielsen Avenue: along the development frontage.
b) South Property Line: from the western limit to the eastern limit of the subdivision. c) East Property Line Abutting Mixed-Use Lot (Lot 2 of TPM 2024-01): from the southern limit to the northern limit of the subdivision.

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

7. Show grade differentials between lots and adjacent properties and address in conformance with City Standards. Any retaining walls required shall be concrete/masonry construction.

All retaining walls shall be designed by a registered civil engineer.

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

The City is not a designated MS4 area and is regulated under the Construction General Permit Order 2022-0057-DWQ (CGP). Comply with all requirements of the NPDES General 133
Section 7, Item C.

Permit, if applicable. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer.

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

G. Landscaping and Irrigation

1. Provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of-way, easements, and all other areas reserved for public landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the City of Kerman Standard Drawings and Specifications, Street Median Landscape Master Plan and the California Model Water Efficiency Ordinance. A preliminary landscape plan for all public areas shall be submitted to the Community Development Department for review and approval prior to submittal of construction documents. Public landscaping and irrigation shall be installed in the following locations:
a) Nielsen Avenue: along the development frontage from back of curb to masonry wall. b) Outlots B, D, and E

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

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

H. Agricultural Irrigation/Surface Water Conveyance Facilities 134
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1. Contact and comply with all requirements of the Fresno Irrigation District (FID). This may include, but not be limited to, dedicating easements, piping or relocating any existing FID canals or ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any canals, culverts, and bridge crossings.

Plans for these requirements and improvements shall be included in the previously required set of construction plans and submitted to and approved by FID prior to the release of any development permits or recording of the final map. If an FID or private irrigation line is to be abandoned, the applicant shall provide waivers from all downstream users.

2. Identify all existing onsite agricultural irrigation systems either onsite or within public rightsof-way, whether FID or privately owned prior to any construction activity on the site.

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

3. Indicate on construction drawings the depth, location and type of material of any existing FID or privately owned irrigation lines along the proposed or existing street rights-of-way or onsite. Any existing canals or ditches shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by FID and the City Engineer.

Other Agency and Department Conditions
A. Caltrans

1. Madera Avenue (SR 145) and Harvest Elementary Road (east-west street along southern boundary of the development) Intersection: Complete the Intersection Safety and Operational Assessment Process (ISOAP) to evaluate proposed traffic control and design geometrics.

2. Comply with alternative transportation policies:
a) Pedestrian walkways should link this project to transit facilities, bicycle pathways, and other walkways in the surrounding area.
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b) Connections to local and regional bicycle pathways should be coordinated to encourage further use of bicycles for commuter and recreational purposes.

B. Fresno Irrigation District (FID)

1. For informational purposes, Houghton West No. 94 runs westerly along the north side of Nielsen Avenue, crosses Madera Avenue (SR 145) 1,300 feet northeast of the subject property, crosses Del Norte Avenue approximately 600 feet northwest of the subject property, and crosses Siskiyou Avenue approximately 1,900 feet northwest of the subject property. For any street and/or utility improvements along Nielsen Avenue and/or Madera Avenue (SR 145), or otherwise in the vicinity of the Houghton West No. 94, FID must review and approve the improvement plans.

2. For informational purposes, FID’s Whitmore runs southwesterly approximately 250 feet northeast of the subject property. For any street and/or utility improvements in the vicinity of this pipeline, FID must review and approve the improvement plans.

3. For informational purposes, a private pipeline known as the Whitmore No. 346 runs southwesterly traversing the subject property. FID does not own, operate, or maintain this pipeline. FID’s records indicate this line is active and shall need to be treated as such. FID can supply a list of known users upon request to obtain consent to abandon/remove the subject pipeline within the subject property.

C. Fresno Local Agency Formation Commission (LAFCo)

1. The applicant will be required to submit the appropriate application materials including fees to LAFCo for reorganization. These materials are enumerated on LAFCo’s website (www.fresnolafco.org) through the Applications and Documents tab under “Items Necessary for a Complete Application”. The current fee schedule for changes of organization/reorganization (annexation) of 21-40 acres is $9,600.

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

D. Kerman Unified School District (KUSD)

1. Pay applicable school fees at the rate in affect at the time of collection. School fees shall be paid prior to issuance of building permits and proof of such payment shall be submitted to the City of Kerman Building Division.

E. Mid Valley Disposal

1. Each single-family unit shall require three (3) carts, which must be stored in the garage or elsewhere on the property until service day.
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Section 7, Item C.

F. North Central Fire Protection District (NCFPD)

1. The project shall comply with the requirements of the North Central Fire Protection District Operational Policy 403.002.

2. Provide all weather access to the development prior to the delivery of combustible material to the site and maintain during all phases of construction to the satisfaction of NCFPD.

Alternative or phased fire access requires prior approval by NCFPD.

G. PG&E

1. The final map shall 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 City declines to accept it, the applicant/developer may be required to provide an easement in gross satisfactory to PG&E. The following language is recommended to be expressly stated for the offer to dedicate Public Utility Easements (PUEs):

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.

H. San Joaquin Valley Air Pollution Control District (SJVAPCD)

1. Prior to issuance of grading permits or commencement of construction activities, whichever comes first, the applicant/developer shall provide the City with evidence from the San Joaquin Valley Air Pollution Control District of an approved Dust Control Plan or Construction Notification form under Regulation VIII – Fugitive Dust PM10 Prohibitions. The development may be subject to other rules including, but not limited to, Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). The developer will be required to carry out measures of applicable SJVAPCD Rules and Regulations as noted in their comment letter dated March 26, 2024.
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Section 7, Item C.

Attachment ‘K’
RESOLUTION NO. 25-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN INITIATING ANNEXATION OF TWO (2) PARCELS IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS (APNS) 020-120-06 (19.82 ACRES) AND 020- 120-03S (20 ACRES), TOTALING APPROXIMATELY 40 ACRES LOCATED ON THE SOUTH SIDE OF WEST

NIELSEN AVENUE BETWEEN NORTH MADERA AVENUE AND NORTH DEL NORTE AVENUE (ANNEXATION 2023-03)
WHEREAS, the City of Kerman desires to initiate proceedings, pursuant to the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and
WHEREAS, Government Code section 56654 provides that “[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency . . . [;]” and WHEREAS, the specific changes of organization requested consists of an annexation into the City of Kerman and detachment from the County of Fresno and the Kings River Conservation District of the parcels identified as APNs 020-120-06 and 020-120-03S (“project site”); and WHEREAS, a map of the boundaries of the territory is set forth in Exhibit ‘1’ attached hereto and by this reference incorporated herein; and
WHEREAS, the affected territory proposed to be changed is inhabited, and on this day contains 5 registered voters, according to information received from the County Elections Office; and WHEREAS, the proposed annexation area is inside the Sphere of Influence of the City of Kerman; and
WHEREAS, the City has an agreement with the County of Fresno to comply with Revenue and Tax Code Section 99 regarding property tax revenue transfer upon annexation, which memorandum of understanding includes standards of annexations; and
WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the reasons for this proposed annexation is to facilitate future residential and commercial development; and
WHEREAS, approval of the project would 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, 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 Annexation, and Tentative Subdivision Map, and has 138
Section 7, Item C.
prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) to evaluate the proposed Project and the project is in compliance with CEQA; 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 initiate Annexation 2023-03; and WHEREAS, all prerequisites for the initiation of proceedings, pursuant to the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000, have been met; and WHEREAS, after due consideration of all the items before it, the City Council now desires to adopt this Resolution to initiate annexation proceedings for the affected territory as set forth in Exhibit ‘1’.

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

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

2. CEQA. The City Council concurrently certified the IS/MND (SCH No. 2025060904) for the project.

The IS/MND identified the annexation of the project site. The annexation does not change the environmental assessment of the IS/MND. Further, the City Council certified the IS/MND for this project. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 as since that time no substantial changes have been proposed in the project which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the recommendation for certification that the project will have significant effect not discussed in the IS/MND. As such, the City Council finds Annexation 2023-03 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

3. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the City of Kerman 2040 General Plan, as amended by General Plan Amendment 2023-02. In this regard, the City Council finds that public necessity, convenience, general welfare, or good zoning practices justify annexation of the project site. Specifically, the annexation and pre-zoning change is consistent with the General Plan goals and policies, any operative plan, or adopted policy including LU-3.2 Urban Form; LU-3.3 Prevent Sprawl Development; and LU-3.4 Leapfrog Development as described below and implements the planned residential and commercial land uses for the project site. 139
Section 7, Item C.
a. General Plan Policy LU-3.2 Urban Form: The project site is outside City limits but is within the City’s Sphere of Influence. The project requires annexation and therefore would result in a change in City limits. The project as proposed would meet the considerations of General Plan Policy LU-3.2 Urban Form. Specifically, the project would facilitate future residential units which would help meet the city’s residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing. The project would also facilitate open space (Outlot C) and recreational facilities (pedestrian trail) meeting several community needs. The project would not result in obstacles to growth because future development would be able to connect to City services. The project would also result in infrastructure improvements, including roadway and circulation improvements. Lastly, the project would facilitate future commercial uses through mixeduses which would serve the city’s economic development needs. Lastly, the project would facilitate future commercial uses which would serve the city’s economic development needs. Based on these considerations, the project as proposed maintains growth management controls and is consistent with General Plan Policy LU-3.2. b. General Plan Policy LU-3.3 Prevent Sprawl Development: The project site is contiguous to existing and approved development within City Limits. Thus, the project does not encourage sprawl and is therefore consistent with General Plan Policy LU-3-3. c. General Plan Policy LU-3.4 Leapfrog Development: The project site is contiguous to existing urban development and thus would not constitute leapfrog development.

4. Findings for Annexation. The City Council finds, as follows:
a. The proposed annexation is within the City’s adopted Sphere of Influence. The project site is outside City limits but is within the City’s Sphere of Influence. The project requires annexation and therefore would result in a change in City limits. The project as proposed would meet the considerations of General Plan Policy LU-3.2 Urban Form, which sets the City’s growth management control measures. Specifically, the project would facilitate future residential units which would help meet the city’s residential housing needs such as affordable housing or a desire for a wider and more diverse range of housing. The project would also facilitate open space (Outlot C) meeting community needs. The project would not result in obstacles to growth because future development would be able to connect to City services. The project would also result in infrastructure improvements, including roadway and circulation improvements. Lastly, the project would facilitate future commercial uses through mixed-use development which would serve the city’s economic development needs. Based on these considerations, the project as proposed maintains growth management controls and is consistent with General Plan Policy LU-3.2. b. The proposal must be consistent with city general and specific plans, including adopted goals and policies. The project would facilitate future residential and commercial 140
Section 7, Item C.
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), LU-3.3 (Prevent Sprawl Development), LU-3.4 (Leapfrog Development), LU-4.5 (Right-to-Farm Disclosure), and LU-5.4 (New Incompatible Land Uses). There are no specific plans applicable to the proposed project.
c. Pursuant to CEQA, the proposal must mitigate any significant adverse effect on continuing agricultural operations on adjacent properties, to the extent reasonable and consistent with the applicable general and specific plan. 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 Annexation, Tentative Parcel Map, and Tentative Subdivision Map, and has prepared an Initial Study and Mitigated Negative Declaration (SCH No. 2025060904) 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. d. At least 25% of the area proposed for annexation has an approved tentative subdivision map(s) (single-family residential) and an approved site plan (for uses besides singlefamily). The proposed annexation would meet this condition whereby at least 25% of the proposed annexation area will include an approved tentative map for single-family use. e. The annexation is to fulfill the city’s Regional Housing Needs Allocation (RHNA) obligation which otherwise cannot be accommodated on lands currently within the city’s incorporated boundary. The project would facilitate future residential uses which would assist the City with fulfilling the city’s RHNA obligation within the City’s 6th Cycle Housing Element Update.
f. The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas and corridors, or other distortion of boundaries. The proposed annexation area would not create islands. New boundaries would not create any peninsulas or corridors.

5. Approval of Initiation of Reorganization. Based on the information provided above, the City Council of the City of Kerman approves a resolution to initiate annexation and reorganization of the project site that is not within the City limits, by adopting a resolution of application requesting the Local Agency Formation Commission of Fresno County to initiate proceedings for the change of organization of territory as described in Exhibit ‘1’, in the manner provided by the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000. The City Council authorizes and directsthe City Manager to take all necessary steps to effectuate and initiate such reorganization 141
Section 7, Item C.
proceedings, and to support Developer’s processing of the same at Developer’s sole cost and expense.

6. Effective Date of Resolution. This Resolution shall become effective immediately after the City Council approves of Rezone 2023-03 and said ordinance adopting the same then becomes effective. If said ordinance does not become effective within 65 days of the adoption of this Resolution, or the ordinance is not otherwise adopted by the City Council, then Annexation 2023- 03 shall be returned to the City Council for further consideration and a final decision.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular 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
Exhibit ‘1’: Annexation 2023-03
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Section 7, Item C.

Exhibit ‘1’
Annexation 2023-03
143
Section 7, Item C.
“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 6, 2024
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. Access to the site is proposed via Nielsen Avenue. Driveway access for this development via SR 145 (Madera Avenue) shall not be permitted. It is recommended that a second point of access to the subdivision be taken from Del Norte Avenue.

2. A transportation Impact report (TIS), prepared by a traffic consultant is 144
Section 7, Item C.

Mr. Manuel Campos– FRE-180-42.292-Gill Orchard Estates Project March 6, 2024

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Kerman City CouncilNovember 12, 2025

Kerman City Council
November 12, 2025