Here’s what you need to know:

  • The Council (5-0) approved the request for Community Services Funding – S.B.F. Kerman Portuguese Hall (JAJ) of $1,600. 
  • According to the 2020 Urban Water Management Plan (UWMP) draft, the city’s per capita water use is 173 gallons/per capita per day, which is well below the target of 203 gallons/per capita per day.
  • The Council (5-0) approved the Resolution of Intention to Levy and Collect the Annual Assessments for Landscape and Lighting District No. 1 (JJ). 
  • City Council reviewed the draft ballot question and (5-0) recommended a 10 percent tax rate for the proposed Transient Occupancy Tax initiative for the November 2022 General Election. 
  • In two weeks, the Council will discuss the budget package for the fiscal year 2022 to 2023. 

The Scene

According to its website, the City Council serves as the policy-making board of the City. The Kerman City Council has five members, including the Mayor. The City elects its mayor for a two-year term and Council Members for four-year terms.  

The City Council meets on the second and fourth Wednesday of each month at 6:00 p.m. at the Kerman City Hall, 850 S. Madera Ave. The meeting is accessible through Zoom.

Officials Present:

  • Mayor Gary Yep 
  • Council Member Bill Nijjer 
  • Council Member Jennifer Coleman 
  • Council Member Kevin Nehring
  • Mayor Pro Tem Ismael Herrera 

Others Present:

  • City Attorney Hilda Cantu-Montoy
  • City Manager John Jansons
  • Public Works Director Michael Barajas
  • City Engineer Jerry Jones
  • Chief’s Administrative Assistant Mary Rodrigues
  • Chief of Staff Marc Benjamin
  • City of Kerman Nutrition Coordinator Vanessa Lujan
  • Vice President of Kerman Cal Ripken Daniel Perez
  • (559) 567-8470
  • Eric Montalvo 
  • Bernice Smith
  • Mandy Porto

Discussions/Actions

Bernice Smith urges the Council to have an emergency warning system.

Vice President of Kerman Cal Ripken Daniel Perez asked the Council to waive dinner costs for guests. 

In the consent calendar, the Council (5-0) unanimously approved the items as follows:

A. Council approved minutes of May 23, 2022; May 25, 2022, Council meetings as presented.

B. Council approved payroll as presented.

C. Council approves warrants and electronic bank transfers as

presented. (Under Government Code 37208)

D. Remote City Council Meetings Under New Brown Act Requirements (AB 361) (MR)

Council by motion adopted a resolution reauthorizing remote teleconference public meetings by the City Council and all boards, commissions, and standing committees under Assembly Bill 361.

E. Local Transportation Funds and State Transportation Assistance Funds from

the Fresno Council of Governments for Fiscal Year 2022/2023 (JA)

F. Resolution Approving Amendment I to Sub Recipient Agreement with Fresno

County to Accept and Continue to Deploy Community Development Block-Grant

Coronavirus Response Funds for Food Assistance in Kerman (TJ)

Council by motion adopted a resolution approving amendment I to the subrecipient agreement with Fresno County to continue deploying Community Development Block Grant – Coronavirus Response Funds for food assistance in Kerman.

G. Resolution Ordering Election, Requesting County Elections Office to Conduct

Election, Requesting Consolidation of Election, and Determining Payment of Actual Elections Statement Charges (MR)

Council by motion adopted a resolution ordering elections, requesting the County Elections Office to conduct, consolidate and determine payment of actual elections statement charges for the 2022 Elections.

H. Resolution Approving Services Agreement with Regents of the University of California Relating to Statewide Animal Assistance Program 

Council by motion adopted a resolution approving services agreement with Regents of the University of California relating to the Statewide Animal Assistance Program.

3. Public hearing includes:

A. City’s 2020 Urban Water Management Plan (UWMP) and 2020 Water Shortage Contingency Plan (WSCP)

The Council conducted a public hearing to receive and consider public comments

regarding the public draft of the City of Kerman’s 2020 Urban Water Management Plan

and 2020 Water Shortage Contingency Plan 

If no major comments are received, Council adopted resolutions approving the City’s 2020 Urban Water Management Plan\ and the 2020 Water Shortage Contingency Plan.

Urban water suppliers can evaluate their water supply and demand through the UWMP to ensure availability. 

The California Water Code requires all urban water suppliers to submit a UWMP to the California Department of Water Resources every five years.

Moreover, the code states that an urban water supplier is those who either supply over 3,000 acre-feet per year or have over 3,000 connections.

To receive state grants or loans, an urban water supplier must submit the 2020 UWMP and WSCP. 

The City of Kerman supplied 1,110 million gallons of water for municipal purposes to 3,767 metered connections in 2020.

The 2015 UWMP required the City to calculate baseline water use during the baseline period to comply with the state target of a 20 percent reduction in urban per capita water use by the end of 2020. 

According to the 2015 UWMP, The City’s 10-year daily urban per capita water use amounts to 253 gallons/per capita per day, while in 2020, the amount is 203 gallons per day.

In 2015 UWMP, the City complied with the 20 percent state target. For the 2020 UWMP, urban water suppliers must observe the target reduction. 

The 2020 UWMP includes a system description, water use for 2025 through 2045, compliance targets based on 2020 water usage, and drought risk assessment. 

According to the 2020 UWMP draft, the city’s per capita water use is 173 gallons/per capita per day, which is well below the target of 203 gallons/per capita per day.

The City has the adequate capacity to meet future water needs through water conservation programs. 

The primary objective of the WSCP is to ensure that the City has in place the necessary resources and management responses and to preserve environmental and community assets during water supply shortages and interruptions. 

The WSCP has been updated to define six prescribed water shortage levels and includes response actions that align with the six shortages based on water supply and demand conditions. 

The WSCP also includes procedures for conducting annual supply assessments and communication protocols corresponding to the defined shortage levels. 

The WSCP is included in Chapter 8 of UWMP but must be adopted independently from the UWMP. 

Any future amendments to the WSCP can be independent of the UWMP. 

In public comment, Glen Foth stated the need for water from Fresno Irrigation District (FID) and recycled sources. 

He suggested the Council set a one-day watering period during the winter and three days for watering parks and school fields. 

The Council agreed to continue the public hearing to the next regular meeting. 

4. Department Reports consist of:

A. The Council (5-0) approved the request for Community Services Funding – S.B.F. Kerman Portuguese Hall (JAJ) of $1,600. 

The fund will pay for overtime incurred by Public Works and Police Department. Mandy Porto sought the support of the Council for the community traditions in Kerman. 

B. The Council (5-0) approved the Resolution of Intention to Levy and Collect the Annual Assessments for Landscape and Lighting District No. 1 (JJ). 

Council by motion adopted a resolution of intention to levy and collect the annual assessments for Landscape and Lighting District No. 1 and set a date for the required public hearing for July 13, 2022.

Council previously initiated proceedings for the annual levy of assessments at the May 11, 2022, Council Meeting. 

The City Engineer has prepared a preliminary report labelled Engineer’s Report of the City of Kerman Landscaping and Lighting District No. 1 (LLD), dated June 2022, and filed the report with the City Clerk. 

The report includes descriptions of the improvements maintained, boundaries of the district and sub-areas, and proposed assessments per parcel. 

One new annexation, Sub-area No. 13, consisting of Tract No. 6236, has occurred this past year. 

Tract No. 6236 is northeast of Siskiyou Avenue and Whitesbridge Road (SR 180). 

The area to be assessed consists of 144 single-family residential lots, Outlot C designated for multi-family residential use, and Outlot D designated for commercial use. 

Outlot A and Outlot B are City-owned parcels for pedestrian trail and neighborhood park purposes. 

The improvements to be maintained are as follows: 

  • Streetlights within Tract No. 6236 and adjacent to Tract No. 6236 along the east side of Siskiyou Avenue and north side of Whitesbridge Road
  • Landscaping and irrigation within Outlot A
  • Landscaping and irrigation adjacent to the single-family residential lots, within the public street right-of-way, along the east side of Siskiyou Avenue and the north side of Whitesbridge Road
  • Landscaping and irrigation within the median islands adjacent to Tract No. 6236 within Siskiyou Avenue and Whitesbridge Road. 

The single-family residential lots will be assessed at an equal rate per lot, while Outlot C and D assessments are on a rate proportional to their area of the broad area of Tract No. 6236. 

A subdivision within Subarea No. 12 resulted in the addition of improvements maintained and a rise in annual assessment for the parcels. 

The existing parcels subdivided consisted of Lots 1, 12, and 13 of Tract No. 5928 and Parcel 1 of Parcel Map No. 10-01, having a total area of approximately 31.1 acres. 

Lots 12 and 13 of Tract No. 5298 were divided into six (6) parcels for commercial use and a designated remainder for single-family residential use through Parcel Map No. 19-01. 

Because the six commercial parcels will not include any new improvements under the LLD, these parcels will be assessed based on their proportionate share of the existing assessments for Lots 12 and 13, based on area. 

The designated remainder from Parcel Map No. 19-01, along with Lot 1 from Tract No. 5928 and Parcel 1 of Parcel Map No. 10-01, was further subdivided by Tract No. 6302 into 104 single-family residential lots and three out lots for pedestrian access and landscaping purposes. 

The additional improvements to be maintained under the LLD, to the benefit of Tract No. 6302, consist of the following:

  • Streetlights within Tract No. 6302; and
  • Landscaping and irrigation of the three out lots. 

The single-family residential lots will be assessed at an equal rate per lot, with the total assessment as follows:

  • Sum of the existing assessments for Lot 1 from Tract No. 5928 and Parcel 1 of Parcel Map No. 10-01; plus
  • Proportionate share of the existing assessments for Lots 12 and 13 of Tract No. 5298, based on the area (i.e., existing assessments for Lots 12 and 13, less proportionate share assessed to six commercial parcels of Parcel Map No. 19-01); plus
  • Cost to maintain the additional improvements to the benefit of Tract No. 6302, as noted above. 

For Tract No. 6236 and 6302, both owners have waived their rights to annexation proceedings, resolutions, reports, published notices, mailed notices, and right of majority protest for such annexation proceedings. 

They have also consented to the first-year assessment per lot and an annual adjustment to the assessment based upon changes in the Consumer Price Index, U.S. Average, All Urban Consumers, for each year. 

C. Update on Proposed Transient Occupancy Tax for November 2022 General

Election and Request for Direction (JAJ)

City Council reviewed the draft ballot question and (5-0) recommended a 10 percent tax rate for the proposed Transient Occupancy Tax initiative for November 2022 General Election. 

The Council has held discussions concerning a Transient Occupancy Tax (TOT). 

A TOT, also known as a lodging or hotel tax, is charged as a percentage of a room rate to persons who occupy a hotel, motel, inn, and similar lodgings (hereafter collectively called “hotels” for 30 days or less. 

The lodging operation collects the tax from the hotel guest and remits it to the City. 

The TOT is not a property tax or a tax on Kerman residents who are not hotel guests. 

For TOT to be in effect requires establishing an ordinance and voter approval. 

The ordinance is submitted as a general tax and requires only a majority vote (50% plus 1) for approval.

In the draft resolution is the ballot question submitted to the voters in November of 2022. The Elections Code limits the question to 75 words.

The ballot question is as follows:

MEASURE __. Kerman Transit Occupancy Tax. To maintain essential City services such as: keeping neighborhoods, parks, streets, and public areas safe/clean; addressing homelessness, public safety, and other general city services, shall the measure establish a ___ percent (X%) Transit Occupancy Tax paid by hotel, motel, short-term hotel/motel/inn guests only and generating approximately $________ annually until ended by voters be adopted, with public disclosure and all funds for Kerman only be adopted?

At the May 21, 2022 meeting, Council directed staff to survey the percentage of Transient Occupancy Tax charged by other cities. 

Staff surveyed the surrounding cities and found the standard TOT ranged from 4 to 12 percent.

Given that hotel guests will prefer Kerman as a more convenient location to stay for business, family, or special event visits or due to overflow from Fresno, the staff recommends that the TOT rate is at 10 percent. 

At the recent Local Agency Formation Commission (LAFCo) meeting, the Planning Commission City approved Kerman’s spheres of influence application. 

In two weeks, the Council will discuss the budget package for the fiscal year 2022 to 2023. 

The Council adjourned at 9:00 pm. The next Council meeting will be on Wednesday, June 22, 2022, at 6:00 pm through Zoom. 

If you believe anything in these notes is inaccurate, please email us at Documenters-admin@fresnoland.org with “Correction Request” in the subject line.

Support our nonprofit journalism.

$
$
$

Your contribution is appreciated.