Documented by Josef Sibala
Here’s what you need to know:
- At its Jan. 25 meeting, the Kerman City Council amended sections of the Kerman Municipal Code adding that all alcohol beverage sales are subject to a conditional use permit. The city council also designated itself to make determinations of public convenience and necessity for persons/premises applying for an alcohol license in the city.
- Shannon Crowe announced the Farmer’s Market program, which includes 12 vendors. She hoped the “Saturdays in the Park” initiative would promote public health.
- The city council approved a request for funding of the Youth Leadership Institute. Program Manager of Youth Leadership Institute, Hilda Suña-Perez, stated that their program allows students to conduct research in the community.
Follow-up question:
- How will the amended sections about alcohol beverage sales affect residents?
- What information will the Youth Leadership Institute gather?
- When can residents participate in the Farmer’s Program?
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 Kerman 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 Maria Pacheco
- Council Member Gary Yep
- Council Member Bill Nijjer
- Council Member Jennifer Coleman
- Council Member 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
- Teresa Johnson
- Shannon Crowe
- Breaking the Chains CEO Deborah Rush
- Field representative from Robert Duarte Joshua Babcock
- Program Manager of Youth Leadership Institute Hilda Suña-Perez
Discussions/Actions
Teresa Johnson introduced Shannon Crowe as a new member of the Parks and Recreation Department.
Shannon Crowe announced the Farmer’s Market program, which includes 12 vendors.
She hoped that the “Saturdays in the Park” initiative would enable residents to promote public health.
Breaking the Chains CEO Deborah Rush raised awareness of human trafficking.
Field representative from Robert Duarte, Joshua Babcock, urged for a “working relationship” with the city council.
In the consent calendar, the council (5-0) unanimously approved the items as follows:
B. Council (5-0) approved the payroll report as presented.
C. Council (5-0)approved warrants and electronic bank transfers as presented. (Under Government Code 37208)
D. City Council by motion (4-0) approved the finding that this project is not subject to California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) and (2) waived the second reading and adopted an Ordinance Text Amendment amending Sections 17.46.030, 17.48.030, 17.50.030, 17.90.020 of Title 17 of the Kerman Municipal Code and adding Chapter 17.100 to Title 17 of the Kerman Municipal Code related to Alcohol Beverage Sales.
Council Member Gary Yep abstained from the item.
The Kerman Municipal Code has a limited number of alcohol beverage sales uses (ABC uses) subject to the conditional use permit (CUP) process.
Currently, “bars, liquor stores, and taverns” are the only ABC uses within the commercial zone district’s use schedules subject to a CUP.
ABC uses not subject to a CUP include; grocery stores, supermarkets, mixed-retail pharmacies, restaurants, convenience stores, and service stations, among others.
As a result, many alcohol-related businesses throughout the years have been approved as “by-right” uses.
The ordinance text amendment will strengthen the city’s discretionary and enforcement authority over ABC uses.
At the Jan. 11, 2023 meeting, council held a public hearing to consider the introduction of the ordinance regarding amending Sections 17.46.030, 17.48.030, 17.50.030, 17.90.020 of Title 17 of the Kerman Municipal Code and adding Chapter 17.100 to Title 17 of the Kerman Municipal Code related to Alcohol Beverage Sales (Ordinance Text Amendment).
After closing the public hearing and conducting deliberations, the council introduced the Ordinance Text Amendment with the modifications.
Section 17.46.030 relates to conditional uses within the Neighborhood Commercial zone district.
Amendments in this section entail repealing the term “liquor store” as a conditional use and adding the term “Alcohol Beverage Sales” as a conditional use.
Adding the term will ensure all alcohol sales-based uses are subject to a CUP and not just liquor stores.
Section 17.48.030 relates to conditional uses within the General Commercial zone district.
Amendments in this section entail repealing the term “bar, liquor store, and tavern” as conditional uses and adding the terms “Alcohol Beverage Sales,” “Automobile Service Station,” and “Drive- Through Facility” as conditional uses.
The term “Outdoor sales and storage” is further amended to include “dining.”
Adding the term “alcohol beverage sales” will ensure all alcohol sales-based uses are subject to a CUP and not just bars, liquor stores, and taverns.
Additionally, the terms automobile service station and drive-through facility are being added as conditional uses because said uses have been modernized to be part of a larger business model that includes alcohol sales.
For example, automobile service stations are often developed with a convenience store with a drive-through facility which may include ABC sales, generally for off-site consumption.
The term outdoor sales, dining, and storage has been amended to encompass uses such as restaurants or eateries that may serve alcohol for on-site consumption.
Section 17.50.030 relates to conditional uses within the Service Commercial zone district.
Amendments in this section entail adding the term “Alcohol Beverage Sales” as a conditional use.
Adding the term will ensure all alcohol sales-based uses within the zoning district are subject to a CUP.
Section 17.90.020 relates to the definitions of the Kerman Municipal Code.
Amendments in this section entail repealing the definitions for “bar, liquor store, and tavern,” “off-sale liquor,” and “on-sale liquor.”
Subsequently“alcohol use” is further amended to “alcohol beverage sales” to encompass all previously stated terms related to alcohol sales.
The new term “alcohol beverage sales” will read as follows: any retail activity which includes selling or dispensing alcoholic beverages for consideration of on-sale liquor or off-sale liquor.
Alcoholic beverages shall be defined as those requiring licensing for sale by the California State Department of Alcoholic Beverage Control (from now on referred to as an “ABC License”).
Title 17 of the Kerman Municipal Code has been amended to include a new chapter, Chapter 17.100, relating to Alcohol Beverage Sales Uses.
This chapter establishes standards for all retail activity which includes the sale or dispensing of alcoholic beverages for on-sale liquor or off-sale liquor.
Having codified standards will assist the City in preventing new ABC sales that may possess certain characteristics that can potentially cause harmful effects and nuisances on surrounding neighborhoods and businesses, especially when alcoholic beverage sales are concentrated near one another.
Chapter 17.100 addresses existing ABC uses that have been established without a CUP, and new ABC uses that may apply to establish within the City.
This chapter also stipulates operating standards for all ABC uses, including signage, security, and surveillance requirements.
Furthermore, new on- and off- ABC sales applications will be evaluated and considered for their proximity to existing ABC sales, and sensitive land uses, e.g., schools, daycare facilities, and churches.
The ordinance aims to protect the public health and safety of the community while encouraging a “business-friendly” approach for new and existing ABC uses.
E. The City Council Ratifying Donation to Kerman Youth Football Cheer for JAMZ Youth Nationals
Council, by motion, adopted a resolution ratifying the donation to Kerman Youth Football Junior and Senior Cheer Teams for $1000.00.
At the Jan. 11, 2023 city council meeting, the council approved a request from the Kerman Youth Football Cheer Senior and Junior teams for a donation to attend the JAMZ Youth Nationals Competition in Las Vegas.
Council approved a donation to the Junior and Senior teams each for $500.00.
Department Reports
A. Request for Funding – Youth Leadership Institute (YLI)
Program Manager of Youth Leadership Institute, Hilda Suña-Perez, stated that their program allows students to conduct research in the community.
She added that the survey would be incorporated into a policy recommendation that could be used to improve the community.
She stated that the organization runs from donations and covers public safety, health, and social needs. YLI proposed $750 funding per student for every 5 months.
Council Member Gary Yep acknowledged YLI’s contribution but added that to warrant funding; the organization must cater to all sectors.
Council Member Bill Nijjer asked YLI to focus on the issue of illegal drugs and provide additional information on their cost per student.
City Attorney Hilda Cantu-Montoy clarified that the prior resolution in 2017 adopted by the Council is broad and general.
Council (5-0) approved the request and directed staff accordingly.
B. Determination of Public Convenience or Necessity Regarding Alcoholic Beverage License Applications Before the Department of Alcoholic Beverage Control (JAJ)
City Council (4-0) adopted a resolution designating the city council to make determinations of public convenience and necessity for persons/premises applying for an alcohol license in the City of Kerman.
Council Member Gary Yep abstained from the item.
Under Section 23958 of the California Business and Professions Code (BPC), the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if issuance would result in or add an undue concentration of licenses.
Section 23958.4 BPC defines what constitutes an “undue concentration” of ABC licenses.
Further, according to Section 23958.4 of the California Business and Profession Code, “the Department of Alcoholic Beverage Control (ABC) may issue said license the local governing body, or its designated subordinate officer or body determines that issuance of the license would serve a Public Convenience or Necessity (PCN).”
The city has historically reviewed and considered referrals from the California Department of Alcoholic Beverage Control to determine a Public Convenience and Necessity (PCN) requested by the State.
C. Brown Act Training (HCM)
Council attends training as part of AB 1234
City Attorney Hilda Cantu-Montoy stated that the Brown Act ensures that meetings are accessible and public.
She also informed rules on disruptive and prohibited conduct by sharing that councilmembers in a social function cannot discuss official business.
Closed sessions consist of the following:
A. Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation under Government Code Section 54956.9(b) Lujan Charge No. 485-2022-00494 Before Equal Employment Opportunities Commission (EEOC)
The council adjourned at 10:00 p.m. The next council meeting will be on Wednesday, July 27, 2022, at 6:00 pm through Zoom.
If you believe anything in these notes is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.