agenda 2 september 8, 2021 5 - cityofkerman.net

Table of Contents

Agenda 2Minutes

September 8, 2021 5Payroll

Payroll Report 8Warrants

Accounts Payable 10National Hispanic Heritage Month Proclamation

Proclamation 17Resolution Approving Memorandum of Understanding withKerman Police Officers Association and One-Time Pay toReserve Officers

Staff Report - KPOA MOU 18Resolution Supporting and Implementing AB 1012 "Timely Useof Funds"

Staff Report - STBG 25First Amendment to Employment Agreement with City Manager

Staff Report - City Manager Employment Agreement 29

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AGENDA KERMAN CITY COUNCIL

REGULAR MEETING Kerman City Hall

850 S. Madera Avenue Wednesday, September 22, 2021

6:00 PM

Zoom: Kerman City Council Meeting (669) 900-6833 - Meeting ID: 815 480 4966 - Password: 93630

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

OPENING CEREMONIES

• Welcome – Mayor • Call to Order • Roll Call • Invocation

At this time the Council wishes to provide anyone an opportunity to give a brief invocation or inspirational thought. In accordance with law, we would request this opportunity not be used to recruit converts, to advance anyone, or to disparage any other faith or belief. If no one steps forward, we will observe a moment of silence so that we may all focus our thoughts on how best to serve our community.

• Pledge of Allegiance – City Clerk

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.

1. PRESENTATIONS/CEREMONIAL MATTERS

None

REQUEST TO ADDRESS COUNCIL

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.

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https://us02web.zoom.us/j/8154804966?pwd=N0FWcXo4UGx4czN6R2dEU3d4MGFndz09

2. 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 RECOMMENDATION: Council approve minutes as presented. ATTACHMENTS: September 8, 2021

B. SUBJECT: Payroll Report: 08/08/21 - 08/21/21: $165,135.67; Retro Pay & Other: $854.63; Overtime: $7,573.65; Standby: $1,787.01; Comp Time Earned: 28.13 RECOMMENDATION: Council approve payroll as presented. ATTACHMENTS: Payroll Report

C. SUBJECT: Warrants 1. Nos. 22541-22566 $51,519.50 ACH $85,910.63 RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208) ATTACHMENTS: Accounts Payable

D. SUBJECT: National Hispanic Heritage Month Proclamation (JAJ) RECOMMENDATION: Council by motion proclaim September 15, 2021, through October 15, 2021, as National Hispanic Heritage Month. ATTACHMENTS: Proclamation

E. SUBJECT: Resolution Approving Memorandum of Understanding with Kerman Police Officers Association and One-Time Pay to Reserve Officers (JAJ) RECOMMENDATION: Council by motion adopt resolution approving Memorandum of Understanding with Kerman Police Officers Association and One-Time Pay to Reserve Officers. ATTACHMENTS: Staff Report - KPOA MOU

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3. PUBLIC HEARINGS

None

4. DEPARTMENT REPORTS A. SUBJECT: Resolution Supporting and Implementing AB 1012 "Timely Use of Funds" (JJ)

RECOMMENDATION: Council by motion adopt resolution supporting and implementing AB 1012 “Timely Use of Funding”. ATTACHMENTS: Staff Report - STBG

B. SUBJECT: First Amendment to Employment Agreement with City Manager (HCM) RECOMMENDATION: Council is asked to consider and determine whether to adopt a Resolution approving a First Amendment to Employment Agreement with City Manager. ATTACHMENTS: Staff Report - City Manager Employment Agreement

5. CITY MANAGER/STAFF COMMUNICATIONS

6. MAYOR/COUNCIL REPORTS

7. CLOSED SESSION

None

8. ADJOURNMENT

AGENDA POSTING CERTIFICATION

I, Marci Reyes, 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

Date: September 17, 2021 /s/ Marci Reyes, City Clerk

Agenda packet is available for review 72 hours prior to the meeting at the city clerk’s office and on the city website. Items received at the meeting will be available for review at the city clerk’s office. In compliance with the American with Disabilities Act (ADA), if you need special assistance to participate at this meeting, please contact the City Clerk at (559) 846-9380. Notification of 48 hours prior to the meeting will enable the City Clerk to make reasonable arrangement to ensure accessibility to this meeting. Pursuant to the ADA, the meeting room is accessible to the physically handicapped.

4

MINUTES KERMAN CITY COUNCIL

REGULAR MEETING Kerman City Hall

850 S. Madera Avenue Wednesday, September 8, 2021

6:00 PM

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

Present: Mayor Yep (GY), Jennifer Coleman (JC), Kevin Nehring (KN) Mayor Pro Tem Ismael Herrera (IH), Bill Nijjer (BN) Absent: None Also Present: City Manager Jansons, City Attorney Cantú, Community Services Director, Finance Director, Public Works Director, City Engineer, Community Development Director

Voting: Yes, No, Absent (Abstain or Recuse if needed)

OPENING CEREMONIES

• Welcome – Mayor

• Call to Order 6:04 p.m.

• Roll Call All present.

• Invocation Moment of silence.

• Pledge of Allegiance – City Clerk Performed.

AGENDA APPROVAL/ADDITIONS/DELETIONS Approved IH/KN (5-0-0)

1. PRESENTATIONS/CEREMONIAL MATTERS None

REQUEST TO ADDRESS COUNCIL Mohinder Singh Nirmal Sidhu Rose Williams

2. CONSENT CALENDAR

Approved excepting Item 2.D KN/IH (5-0-0) A. SUBJECT: Minutes

RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Payroll

Report: 07/25/21 - 08/07/21: $185,567.25; Retro Pay & Other: $906.11; Overtime: $5,850.53; Standby: $1,931.01; Comp Time Earned: 28.13

RECOMMENDATION: Council approve payroll as presented.

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C. SUBJECT: Warrants

1. Nos 22445-22540 $236,959.81 ACH $88,183.28

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)

D. SUBJECT: Use of Senior Center by Westside Family Preservation Services Network (PG)

RECOMMENDATION: Council authorize City Manager to execute a License Agreement with Westside Family Preservation Services Network subject to City Attorney review.

Pulled from consent. Approved IH/KN (5-0-0)

E. SUBJECT: Resolution Approving the Sale of Surplus Property in the Parks and Recreation Department (PG)

RECOMMENDATION: Council by motion adopt resolution approving the sale of surplus property in the parks and recreation department.

Res 21-70 6:27 p.m. recess. 6:30 p.m. reconvene

3. PUBLIC HEARINGS

Public Hearing will be heard at 6:30 p.m., as stated on posting notice.

A. SUBJECT: Public Hearing to Receive Input from the Community Regarding the Redrawing of District Boundaries for Election of City Council Members (MR)

RECOMMENDATION: City Council: Conduct a Public Hearing to 1) Receive report and presentation from staff and consultant regarding redistricting process and permissible criteria to be considered to redraw the City’s four Council district boundaries; 2) to receive public input on redrawing of Council District boundaries; and 3) to discuss the process.

6:30 p.m. opened PH. No public comment 6:44 p.m. closed PH.

4. DEPARTMENT REPORTS

A. SUBJECT: Resolution Approving Final Map, Subdivision Agreement, Basin Covenant, and Annexation into Landscaping and Lighting District No. 1 for Tract No. 6236 (JJ)

RECOMMENDATION: Council by motion adopt resolution approving Final Map, Subdivision Agreement, Basin Covenant, and annexation into Landscaping and Lighting District No. 1 for Tract No. 6236 and authorize Mayor to sign the Subdivision Agreement and Basin Covenant.

Approved KN/BN (5-0-0) Res 21-71

5. CITY MANAGER/STAFF COMMUNICATIONS

6. MAYOR/COUNCIL REPORTS

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7. CLOSED SESSION 6:43 p.m.

A. Government Code Section 54957.6 CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representative: City Manager Employee Organization: Kerman Police Officers Association

B. Government Code Section 54956.95 LIABILITY CLAIMS Claimant: Marmalejo, Alex Agency Claimed Against: City of Kerman

JC recuse from Item 7.A. Financial interest 7.A No reportable action 7.B Approved to reject claim KN/BN (5-0-0) 7.C No reportable action.

C. Government Code Section 54957.6 CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Mayor Gary Yep and Mayor Pro Tem Ismael Herrera Unrepresented Employee: City Manager

COUNCIL RECONVENE FROM CLOSED SESSION & REPORT ANY ACTION TAKEN 7:15 p.m.

8. ADJOURNMENT 7:16 p.m.

MINUTES CERTIFICATION

I, MARCI REYES, City 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: September 8, 2021 ____________________ Marci Reyes City Clerk

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CITY OF KERMANPAYROLL REPORT

RETRO PAY GROSS COMP TIMEEMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED

ADMINISTRATION Alvarez, Josefina 3,118.58$ -$ - -$ - -$ - -$ 3,118.58$ - Camacho, Josie 2,455.08$ -$ - -$ - -$ - -$ 2,455.08$ 1.50 Camacho, Carolina 3,404.46$ -$ - -$ - -$ - -$ 3,404.46$ - Cheema, Akayla 2,085.23$ -$ - -$ - -$ - -$ 2,085.23$ - Gonzalez, Diana 3,468.50$ 854.63$ - -$ - -$ - -$ 4,323.13$ - Jansons, John 6,057.69$ -$ - -$ - -$ - -$ 6,057.69$ - Lopez, Jacqueline 1,879.54$ -$ - -$ - -$ - -$ 1,879.54$ - Membrila, Bertha 1,439.23$ -$ - -$ - -$ - -$ 1,439.23$ - Mendoza Hernandez, Ariana 1,458.62$ -$ - -$ - -$ - -$ 1,458.62$ - Mendoza, Gabriela 1,792.77$ -$ - -$ - -$ - -$ 1,792.77$ - Reyes, Marcia 3,328.36$ -$ - -$ - -$ - -$ 3,328.36$ -

TOTAL 30,488.06$ 854.63$ - -$ - -$ - -$ 31,342.69$ 1.50 REC/SOCIAL Acosta, Marco 3.63$ -$ - -$ - -$ - -$ 3.63$ - Burdine-Slaven, Jeanna 2,193.69$ -$ - -$ - -$ - -$ 2,193.69$ - Camacho, Odalis 70.00$ -$ - -$ - -$ - -$ 70.00$ - Campos, Isaiah 3.63$ -$ - -$ - -$ - -$ 3.63$ - Criado, Paul 58.00$ -$ - -$ - -$ - -$ 58.00$ - Escamilla, Paloma 70.00$ -$ - -$ - -$ - -$ 70.00$ - Gallegos, Philip 4,163.96$ -$ - -$ - -$ - -$ 4,163.96$ - Garcia, Alexis 102.38$ -$ - -$ - -$ - -$ 102.38$ - Herrick, Samantha 51.00$ -$ - -$ - -$ - -$ 51.00$ - Hurlbert, Ronald 476.00$ -$ - -$ - -$ - -$ 476.00$ - Jauriqui, Jose 510.00$ -$ - -$ - -$ - -$ 510.00$ - Johnson, Theresa 2,513.23$ -$ - -$ - -$ - -$ 2,513.23$ - Kaur, Harmeen 712.50$ -$ - -$ - -$ - -$ 712.50$ - Lemm, Brent 3.63$ -$ - -$ - -$ - -$ 3.63$ - Lua, Joshua 3.63$ -$ - -$ - -$ - -$ 3.63$ - Lua, Miguelangel 65.25$ -$ - -$ - -$ - -$ 65.25$ - Lujan, Vanessa 224.00$ -$ - -$ - -$ - -$ 224.00$ - Martinez, Aylah 532.00$ -$ - -$ - -$ - -$ 532.00$ - Negrete, Dean 1,337.08$ -$ - -$ - -$ - -$ 1,337.08$ - Neuwirth, Steven 3.63$ -$ - -$ - -$ - -$ 3.63$ - Pena, Mercedes 70.00$ -$ - -$ - -$ - -$ 70.00$ - Pereira, Trinity 7.25$ -$ - -$ - -$ - -$ 7.25$ - Ruiz, Rosalba 540.00$ -$ - -$ - -$ - -$ 540.00$ - Salvador, Mark 2,851.48$ -$ - -$ - -$ - -$ 2,851.48$ - Sidhu, Nirmal 2,004.85$ -$ - -$ - -$ - -$ 2,004.85$ - Silva, Jessica 427.00$ -$ - -$ - -$ - -$ 427.00$ - Villarreal, Arlene 2,027.54$ -$ - -$ - -$ - -$ 2,027.54$ -

TOTAL 21,025.33$ -$ -$ -$ -$ -$ -$ -$ 21,025.33$ - POLICE Antuna, Miguel 2,437.62$ -$ 26.75 1,164.40$ - -$ 3.50 25.39$ 3,627.42$ - Barbosa, Isaias 2,755.86$ -$ - -$ - -$ - -$ 2,755.86$ - Barcoma, Wilbert 3,620.73$ -$ - -$ - -$ - -$ 3,620.73$ - Barra, Brenden 1,847.27$ -$ 13.00 414.32$ - -$ - -$ 2,261.59$ 6.00 Belding, Jeff 3,378.14$ -$ 2.00 78.65$ - -$ - -$ 3,456.78$ - Chapman, Tom 3,065.92$ -$ - -$ - -$ - -$ 3,065.92$ - Coronado, Krystal 1,044.00$ -$ - -$ - -$ - -$ 1,044.00$ - Corrales, Edith 1,280.00$ -$ - -$ - -$ - -$ 1,280.00$ - Cubillos, Theresa 2,601.48$ -$ 1.50 65.66$ - -$ - -$ 2,667.15$ 15.75 Davis, Jeff 3,403.14$ -$ - -$ - -$ - -$ 3,403.14$ - El-Helou, Erika 2,681.40$ -$ 4.50 210.45$ - -$ - -$ 2,891.85$ - Gallegos, Eric 2,132.63$ -$ 18.00 677.45$ - -$ - -$ 2,810.09$ - Godfrey, Kyle 1,275.00$ -$ - -$ - -$ - -$ 1,275.00$ - Golden, John 4,341.90$ -$ - -$ - -$ - -$ 4,341.90$ - Jalango, Samuel 1,551.25$ -$ - -$ - -$ - -$ 1,551.25$ - Leonard, Thomas 1,440.00$ -$ 4.00 108.00$ - -$ - -$ 1,548.00$ -

PAY PERIOD: August 08, 2021 - August 21, 2021OVERTIME STANDBY HOLIDAY at 1/2 TIME

Page 1 of 28

CITY OF KERMANPAYROLL REPORT

RETRO PAY GROSS COMP TIMEEMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED

PAY PERIOD: August 08, 2021 - August 21, 2021OVERTIME STANDBY HOLIDAY at 1/2 TIME

Levandusky, James 2,128.90$ -$ - -$ - -$ - -$ 2,128.90$ - Lopez, Matt 913.75$ -$ - -$ - -$ - -$ 913.75$ - Lozano, Daniel 1,336.44$ -$ 3.00 75.18$ - -$ - -$ 1,411.62$ - Martinez, Mabel 1,983.67$ -$ 13.00 445.99$ - -$ - -$ 2,429.65$ - Mendoza, Sandra 2,767.82$ -$ - -$ - -$ - -$ 2,767.82$ - Mumm, Dale 2,213.09$ -$ 12.00 474.23$ - -$ 6.50 42.81$ 2,730.13$ - Nelson, Christopher J 3,415.64$ -$ - -$ - -$ - -$ 3,415.64$ - Olague, Guadalupe 1,874.31$ -$ - -$ - -$ - -$ 1,874.31$ - Perez, Maria 1,596.92$ -$ - -$ - -$ - -$ 1,596.92$ - Quintanilla, Rodolfo 1,440.00$ -$ 15.00 405.00$ - -$ - -$ 1,845.00$ - Raigoza, Ray 2,437.62$ -$ - -$ - -$ - -$ 2,437.62$ - Rodrigues, Mary 2,104.69$ -$ - -$ - -$ - -$ 2,104.69$ - Seroka, Dylan 2,645.53$ -$ - -$ - -$ - -$ 2,645.53$ - Torres, Karina 1,392.12$ -$ 2.00 52.20$ - -$ - -$ 1,444.32$ -

TOTAL: 67,106.85$ -$ 114.75 4,171.53$ - -$ 10.00 68.20$ 71,346.58$ 21.75 PUBLIC WORKS Arechiga, Pastor 2,627.02$ -$ 39.00 2,029.41$ - -$ 32.00 1,030.81$ 5,687.24$ - Arrellano, Antonio 1,598.00$ -$ - -$ - -$ - -$ 1,598.00$ - Barajas, Michael 3,250.04$ -$ - -$ - -$ - -$ 3,250.04$ - Camacho, Armando 1,524.15$ -$ - -$ - -$ - -$ 1,524.15$ - Castro, Joseph 2,618.86$ -$ - -$ - -$ - -$ 2,618.86$ - Diaz, Maria 900.74$ -$ - -$ - -$ - -$ 900.74$ - Galindo, Alma 900.74$ -$ - -$ - -$ - -$ 900.74$ - Gastelum, Humberto 2,715.78$ -$ - -$ - -$ - -$ 2,715.78$ - Gonzales, Ruben 2,636.95$ -$ - -$ - -$ - -$ 2,636.95$ - Hernandez, Julian 1,598.00$ -$ - -$ - -$ - -$ 1,598.00$ - Isaak, Denise 2,129.08$ -$ - -$ - -$ - -$ 2,129.08$ - Jimenez, Gabriela 1,337.08$ -$ - -$ - -$ - -$ 1,337.08$ - Lopez, Josue 1,387.08$ -$ - -$ - -$ - -$ 1,387.08$ - Morales, Andres 1,524.15$ -$ 2.00 55.28$ - -$ - -$ 1,579.43$ - Ortiz, Carlos 1,678.77$ -$ 5.00 152.70$ - -$ 2.00 40.72$ 1,872.19$ - Perez, Ruben Lopez 1,548.00$ -$ - -$ - -$ - -$ 1,548.00$ - Ramirez, Manuel 2,296.70$ -$ 1.75 100.48$ - -$ 3.00 86.13$ 2,483.31$ - Rowan, Joshua 1,094.73$ -$ - -$ - -$ - -$ 1,094.73$ - Sanchez, Daniel 2,239.88$ -$ - -$ - -$ - -$ 2,239.88$ - Soto, Samuel 1,598.00$ -$ 35.25 1,064.25$ - -$ 29.00 561.15$ 3,223.40$ - Tinoco, Alfonso 2,057.69$ -$ - -$ - -$ - -$ 2,057.69$ - Zapata, Domingo 256.22$ -$ - -$ - -$ - -$ 256.22$ -

TOTAL 39,517.66$ -$ 83.00 3,402.11$ - -$ 66.00 1,718.80$ 44,638.58$ - PLANNINGDozier, Mike 1,020.00$ -$ - -$ - -$ - -$ 1,020.00$ - Garcia, Destiny 1,597.54$ -$ - -$ - -$ - -$ 1,597.54$ 4.88 Orozco, Jesus 3,430.23$ -$ - -$ - -$ - -$ 3,430.23$ -

TOTAL 6,047.77$ -$ -$ -$ -$ -$ -$ -$ 6,047.77$ 4.88$

PLANNING COUNCIL

Bandy, R 75.00$ Yep, G 125.00$ Espino, L -$ Herrera, I -$ Jones, C 75.00$ Nijjer, B 125.00$

Nunez, M 75.00$ Coleman, J 125.00$ Felker, R 75.00$ Nehring, K 125.00$ Bishop, S 75.00$ Villar, Victor 75.00$ Total 450.00$ Total 500.00$

GRAND TOTAL: $165,135.67 $854.63 197.75 $7,573.65 - $0.00 76.00 $1,787.01 175,350.96$ 28.13

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Accounts Payable

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Checks by Date - Detail by Check Date

Check No Check DateVendor NameVendor No Check Amount

Invoice No ReferenceDescription

10386 US BANK CORPORATE PAYMENT 09/07/2021ACHJG-072721 PD- REPLACEMENT COFFEE MAKER FOR KPD 43.55

JG-080521 PD- I PHONE 11 OTTERBOX CASE NEW CASE FOR NEW PHONE 39.19

JG-081121 PD- IPHONE 12 PHONE CHARGER 13.07

JG-NHL6P-N6A69- PD- 1000 BLANK BUSINESS CARDS 38.14

JJ-080921 ADM- LCW WEBINAR 75.00

JJ-081821 ADM- OFFICE EQUIPMENT FOR CM 31.56

JJ-081821 ADM- OFFICE EQUIPMENT FOR CM 326.39

JJ-082021 CC- CITY LOGO TABLE COVER 325.82

JJ-082021 ADM- CITY LOGO TABLE COVERS 325.82

JJ-082021 BPO- CITY LOGO TABLE COVER 217.21

MB-080321 BLDG- FLY SWATTERS & FLY RIBBON 7.48

MB-080421 VE- EPA ID ANNUAL VERIFICATION FEE 150.00

MB-111-7518799 VE- BLUETOOTH DEVICE 43.58

MB-502317249 LLD- CLASS FOR J CASTRO 10.00

MR-072321 CC- PH NOTICE - REDISTRICTING 341.16

MR-072721 CLRK- LA RAMADA - 75TH MEETING 53.58

MR-072721 CLRK- LA RAMADA - 75TH MEETING 13.77

MR-072821 CLRK- JOINT COUNCIL MEETING 17.15

MR-072821 CLRK- JOINT COUNCIL MEETING 106.95

MR-080621 CLRK- AUG ZOOM 14.99

PG-03150-442068 CS- CANVA MONTHLY SUBSCRIPTION 12.95

PG-072721 REC- WALMART - NUTRITION EDUCATION SUPPLIES 108.77

PG-072721 REC- WALMART- AQUATICS SUPPLIES 4.88

PG-072921 REC- WALMART - DAY CAMP SUPPLIES 49.03

PG-073021 CS- COK SHIRT ORDER- SR CTR 19.05

PG-080421 REC- WALMART- DAY CAMP SUPPLIES 45.93

PG-080421 REC- TONYS MARKET- NUTRITION EDUCATION SUPPPLIES 2.29

PG-080421 REC- WALMART- NUTRITION EDUCATION SUPPPLIES 5.96

PG-080621 REC- ME N EDS- DAY CAMP PIZZA PARTY 81.08

PG-080721 CS- AMAZON- WATER FILTERS- SR CTR 50.12

PG-081221 CS- DOLLAR TREE- BUBBLES- NATIONAL NIGHT OUT PROMO 21.80

PG-081321 REC- REDBOX MOVIE RENTAL 2.00

PG-081321 REC- WALMART 8.09

PG-082021 CS- SMART & FINAL - COFFEE POT- SR CTR REPLACEMENT 56.00

PG-112-2861079- CS- AMAZON- TRIAL BINGO CARDS 10.89

PG-113-0290121- CS- AMAZON- TICKET ROLL RED 2000 7.62

PG-113-0692847- CS- AMAZON- SHORETEL PHONES (2)- ANIMAL SHELTER 172.08

PG-113-2687174- CS- AMAZON- TICKET ROLL WHITE 2000 10.10

PG-113-8221645- CS- AMAZON- PHONE WARRANTY (2) ANIMAL SHELTER 15.98

PG-3060371 REC- SWANK MOTION PICTURES INC 395.00

PG-7143505 CS- SERVSAFE TRAININGS SC STAFF- SR CTR MEALS RE-OPENING 209.00

PG-FRVLW-054 CS- AMERICAN LEGION- AD DONATION 100.00

PG-INV101695753 REC- ZOOM MONTHLY SUBSCRIPTION- RECREATION & NUTRITION 14.99

WB-0-0000049199 PD- TASER CONDUCTIVE RUGGEDIZED TARGET FOR TASER TRAINING 163.46

WB-072821 PD- ROOM ACCOMODATION FOR LT BARCOMA- TRAINING JULY 26-28 SHAFT 305.82

WB-072821 PD- ROOM ACCOMODATION FOR MARIA PEREZ- TRAINING JULY 26-28 SHAFT 305.82

WB-073021 PD- POSTAGE TO SEND OFF BADGES 73 & 70 TO BE REFURBISHED 14.72

WB-080621 AAC- 3 BAGS OF DOG FOOD 78.39

Page 1AP Checks by Date - Detail by Check Date (9/10/2021 9:48 AM)

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http://ssi.NET?action=object&object=APVendor&id=10386



WB-080621 PD- BABY WIPES FOR LIVE SCAN MACHINE 13.91

WB-081321 PD- PARTY DECORATIONS FOR NNO 47.42

WB-081821 PD- DISH SOAP AND CAR WASH SOAP 23.73

WB-111-4897074 PD- DATA PORT CABLE FOR RECORDS MGR COMP- TRAIN AUD JULY 26-28 10.30

4,561.59Total for this ACH Check for Vendor 10386:

AVE

2021

2021

TOUCH 2 BECAME OBS

AUG 2021

2 2021 SGT. BELDING

AL 09/25/21


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http://ssi.NET?action=object&object=APVendor&id=BP-APEX









Accounts Payable

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10147 EMPLOYMENT DEVELOPMENT DEPARTMENT09/10/2021ACH091021 C PR TAX DEPOSIT- 09/10/21- SIT PAYABLE= PIT AMOUNT 4,680.92

091021 C PR TAX DEPOSIT- 09/10/21- SDI PAYABLE= SDI AMOUNT 2,046.67


10517 FEDERAL TAXES PAYROLL 09/10/2021ACH091021 C PAYROLL TAX DEPOSIT- 09/10/21- FIT PAYABLE= TAX WITHHOLDING 14,261.45

091021 C PAYROLL TAX DEPOSIT- 09/10/21- FICA PAYABLE= SOCIAL SECURITY 22,733.24

091021 C PAYROLL TAX DEPOSIT- 09/10/21- FICA MED PAYABLE= MEDICARE 5,316.66


10518 KERMAN POLICE OFFICERS ASSN 09/10/2021ACH091021 HR- C MEMBERSHIP DUES- 09/10/21 752.50

752.50Total for this ACH Check for Vendor 10518:

10519 KERMAN MUNICIPAL EMPLOYEES ASSN09/10/2021ACH091021 C MEMBERSHIP DUES- 09/10/21 157.50

157.50Total for this ACH Check for Vendor 10519:

10520 ICMA-RC 09/10/2021ACH091021 C DEFERRED COMP- 09/10/21 3,577.40


10522 CALPERS 09/10/2021ACH091021 EMPLOYEE SERVICE BUY BACK CR 67.63

091021 C EMPLOYERS PAID CONTRIBUTIONS 15,970.91

091021 ROUNDING ADJ -0.04

091021 EMPLOYEE PAID CONTRIBUTIONS 11,784.20


81,349.04Total for 9/10/2021:

Report Total (ACH): 85,910.63


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Accounts Payable

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9/10/2021 9:40 AM




10014 ADMINISTRATIVE SOLUTIONS INC 09/07/202122541090121 HR- SEPTEMBER EMPLOYER FLEX PLAN 11,100.00

A1017548 HR- SEPTEMBER 125 PLAN ADMIN 150.00

A1017548A HR- AUGUST- SEC 125 EMPLOYEE CONT 2,823.29

A1017549 HR- SEPTEMBER BLUE SHIELD PLAN ADMIN 840.00

A1017550 HR- SEPTEMBER DENTAL CLAIMS FUNDING 4,681.77

19,595.06Total for Check Number 22541:

BP-APEX APEX VALLEY ROOFING INC 09/07/20212254221-RES-0164 PARTIAL BP REFUND 56.25

56.25Total for Check Number 22542:

11355 BADGER METER 09/07/2021225431455967 FIN- PURCHASE 3/4 METER FOR 566 S MADERA AVE 334.15

80079664 FIN- BEACON HOSTING SERV UNIT AUGUST 2021 91.00

80079664 FIN- BEACON HOSTING SERV UNIT AUGUST 2021 91.00


11633 FAVIOLA CARDENAS 09/07/202122544073331 CC- COUNCIL MEETING SUPPLIES 60.00


10086 CELLEBRITE USA INC 09/07/202122545INVUS233425 PD- UPDATE TO FORENSIC SOFTWARE UFED 4PC UFED TOUCH 2 BECAME OBS 3,269.25


11981 CENTRAL CALIFORNIA FOOD BANK 09/07/202122546AO-28302-1 CDBG- PURCHASE OF FOOD FOR COVID- 19 FOOD DISTRIBUTION AUG 2021 3,127.20


10109 COUNTY OF FRESNO 09/07/202122547SO18723 PD- CIVIL FOR LAW ENFORCEMENT CLASS SEPT 2 2021 SGT. BELDING 25.00


12071 ADRIANNA GALLEGOS 09/07/20212254800271968 CTC- REFUND FOR OVERPAYMENT CTC- RENTAL 09/25/21 260.00


10947 GILMORE MAGNESS JANISSE ATTORNEYS09/07/2021225499899-9 TVL ADM- POLICE DEPT LEGAL SERVICES(INV# 35912) 2,584.50


10185 GRAINGER 09/07/202122550


13


http://ssi.NET?action=object&object=APVendor&id=BP-APEX











9018010091 CS- URINAL REBUILD KITS 107.36

9947548104 CS- HAND DRYER 280.95


10234 KERMAN FLORAL & GIFTS 09/07/20212255122987 CC- CONDOLENCE- RODRIGUES 76.29


10239 KERWEST INC 09/07/20212255222303 CC- PUBLICATION ORD 21-05 179.00


10282 OFFICE DEPOT 09/07/202122553188569667001 BPO- OFFICE SUPPLIES 369.73


10289 P.G.& E. 09/07/2021225542881141119-9 CS- CNG VEHICLES FUEL- AUG 2021 513.40

9081203718-3 CS- KATEYS PARK- PG&E AUG 2021 100.97


10304 PITNEY BOWES GLOBAL FIN SERV LLC09/07/2021225553104923453 VAR- 1ST QTR RENT POSTAGE/FOLDER MACHINES 06/30/21-09/29/21 207.98

3104923453 VAR- 1ST QTR RENT POSTAGE/FOLDER MACHINES 06/30/21-09/29/21 253.63




10305 PITNEY BOWES PURCHASE POWER 09/07/2021225568000-9090-0159- VAR- POSTAGE FOR METER 7.36

8000-9090-0159- VAR- POSTAGE FOR METER 155.14











10309 PROFORCE LAW ENFORCEMENT 09/07/202122557459829 PD- 13 MAG500BLK SLING ATTACHMENTS 285.51


11714 ROD CARSEY 09/07/20212255821-07 BPO- PLAN CHECK FEES- AUGUST 5,351.95


10604 S & S WORLDWIDE INC 09/07/202122559IN100842950 REC- AFTERSCHOOL PROGRAM SUPPLIES 95.88


14













10332 SEBASTIAN 09/07/20212256010672312 VAR- MONTHLY PHONE SERVICE- 08/21/21-09/20/21 318.01

10672312 VAR- MONTHLY PHONE SERVICE- 08/21/21-09/20/21 24.80










10672312 VAR- MONTHLY PHONE SERVICE- 08/21/21-09/20/21 CAMERAS FOR PD 76.06








11428 SHI INTERNATIONAL CORP 09/07/202122561B13994466 FIN- HARD DRIVE PART #WDBBGB0080HBK 174.57


10337 SLUMBERGER LUMBER 09/07/202122562ACCT 3116 CS- BLDG - MAINT/REPAIR SUPPLIES 154.08

ACCT 3116 CS- PARKS - MAINT/REPAIR SUPPLIES 81.91


10561 SOUTHERN COMPUTER WAREHOUSE 09/07/202122563IN-000707016 FIN- 5 DELL NOTEBOOK 8G RAM 4,676.82


12054 SPARKLETTS 09/07/20212256421577585 082921 FIN- DRINKING WATER ADMIN, FIN, PLANNING, BLDG CITY CLERK 19.72

21577585 082921 FIN- DRINKING WATER ADMIN, FIN, PLANNING, BLDG CITY CLERK 6.07







10015 THE ADVANCE GROUP 09/07/20212256578067 PD-DISCOUNT IF PAID BY 09/10/21 -3.53

78067 PD- 250 72 HR DETENTION FORMS 220.58

78073 PD- DISCOUNT IF PAID BY 09/11/21 -8.16

78073 PD- 1000 PARKING WARNING STICKERS 475.54


12057 WLC ARCHITECTS 09/07/2021225660000000001 ADM- PROFESSIONAL SERVICES FOR AUGUST 2021- PROJECT #W2106000AR 3,217.50


15











51,519.50Total for 9/7/2021:

Report Total (ACH and Checks): 137,430.13


16

NATIONAL HISPANIC HERITAGE MONTH

WHEREAS, National Hispanic Heritage month celebrates the culture, heritage and countless

contributions of those whose ancestors were indigenous to North America as well as those who came from Mexico, Central America and South America; and

WHEREAS, the objectives of National Hispanic Heritage Month are to create a greater

awareness of contributions to American culture, to illustrate the diversity of the Hispanic community, and to encourage a greater curiosity within young people about the history and cultural heritage of Hispanics; and

WHEREAS, Hispanics have made positive contributions to our community in many ways: as

drivers of our economy as business owners, workers and entrepreneurs; as contributors to our academic environment as teachers and professors; as protectors of our health and well-being as nurses, doctors, police officers, firefighters, caretakers and childcare workers; as advocates for social equality and justice through civic leadership; as elected and public officials in our government; and through cultural enrichment as artists, singers, musicians, performers and writers; and

WHEREAS, the City Council takes pride in the growing diversity of our community and

encourages all residents to learn more about the rich culture, traditions and history of Hispanics and celebrate the valuable contributions Hispanics have made to the growth, prosperity and well-being of our region.

THEREFORE, BE IT RESOLVED that the City Council of the City of Kerman in deep

appreciation to the diverse Hispanic population of our community, hereby proclaim September 15, 2021, through October 15, 2021, as National Hispanic Heritage Month.

I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on

this 22nd day of September 2021. ________________________ Gary Yep Mayor

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City of Kerman “Where Community Comes First”

MAYOR MAYOR PRO-TEM Gary Yep Ismael Herrera COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER Jennifer Coleman Kevin Nehring Bill Nijjer

DEPARTMENT: CITY MANAGER STAFF REPORT

CITY COUNCIL MEETING COUNCIL MEETING DATE: SEPTEMBER 22, 2021

TO: Mayor and City Council FROM: John Jansons, City Manager SUBJECT: Resolution Approving Memorandum of Understanding with Kerman Police Officers Association and

One-Time Pay to Reserve Officers RECOMMENDATION Council by motion adopt resolution approving memorandum of understanding with Kerman Police Officers Association and one-time pay to Reserve Officers. EXECUTIVE SUMMARY The City of Kerman (City) and the Kerman Police Officers Association (KPOA) have completed the collective bargaining process and approved a Tentative Agreement (TA) on Sept 8, 2021. Pursuant to that TA, a Memorandum of Understanding (MOU) requires approval to complete the negotiations process and effectuate the contact changes to salary and benefits of KPOA members. DISCUSSION The City and the KPOA have completed the collective bargaining process and approved a TA on Sept 8, 2021. Pursuant to that TA, a Memorandum of Understanding (MOU) requires approval to complete the negotiations process and effectuate the contact changes to salary and benefits of KPOA members. The revised terms are detailed in the MOU attached as Exhibit ‘A’ to the Resolution. Approval of the attached esolution will allow staff to implement the changes. Following the recommended approval, additional work will be needed to complete a Consolidated MOU encompassing prior terms and conditions unaffected by these most recent negotiations to produce a complete, updated and consolidated MOU as a result of the merger of police department labor units in 2020. FISCAL IMPACT Costs will be provided for in the City's operating budgets during the period of the MOU: July 1, 2021, through June 30, 2024. Attachment:

A. Resolution w/Exhibit

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City Council Staff Report Page 2 of 7 KPOA MOU

Attachment ‘A’

RESOLUTION NO. 21-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE

KERMAN PEACE OFFICERS ASSOCIATION AND APPROVING ONE TIME PAY TO RESERVE OFFICERS

Whereas, the Kerman Public Safety Employees Association (KPSEA) and the Kerman Public Safety Sergeants Association (KPSSA) merged into one bargaining unit; and

Whereas, on October 28, 2020, the City Council adopted Resolution No. 20-90 approving and recognizing the Kerman Police Officers Association as the employee group representing City of Kerman Police Department Employees except the Lieutenant and Police Chief; and

Whereas, City of Kerman Resolution No. 20-90 provides that the MOUs for KPSEA and KPSSA shall continue in effect until a new MOU is reached with KPOA (hereafter collectively referred to as “Current MOUs”); and

Whereas, the City and KPOA have negotiated for a successor MOU to the Current MOUs; and

WHEREAS, the Parties agree that the One-Time Advance Payment which is part of the negotiated MOU should be paid to Reserve Officers.

NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Kerman does hereby resolve as follows:

1. The foregoing recitals of fact are true and correct and incorporated herein as if set forth

fully set forth.

2. The KPOA has approved and executed the MOU attached as Exhibit ‘A’ which is incorporated by reference as if fully set forth.

3. The City Council approves the MOU attached as Exhibit ‘A’ which is incorporated by reference as if fully set forth and authorizes the City Manager to sign the MOU on behalf of the City of Kerman.

4. The City will provide a One-Time Advance Payment of Three Thousand Dollars ($3,000) with the first full pay period following Council approval of KPOA MOU to Reserve Officers who are employed at such time and who helped maintain continuity of operations for the City’s critical infrastructure during the COVID-19 pandemic.

5. The City Manager and the Finance Director are authorized and directed to take all actions that may be necessary to complete or give effect to the actions authorized by this resolution and the approved MOU.

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City Council Staff Report Page 3 of 7 KPOA MOU The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 22nd day of September 2021, and passed at said meeting by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

The foregoing resolution is hereby approved. _______________________ Gary Yep Mayor ATTEST: _________________________ Marci Reyes City Clerk

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Exhibit ‘A’

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF KERMAN AND

KERMAN PEACE OFFICERS ASSOCIATION

EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2024

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PREAMBLE This Memorandum of Understanding is made and entered between the City of Kerman (“City”) and Kerman Peace Officers Association (“KPOA”). The Parties have met and conferred in good faith regarding employment terms and conditions of the employees in the City and have reached agreement as set forth in this Memorandum of Understanding.

RECITALS

Whereas, on October 28, 2020, the City Council adopted Resolution No. 20-90

approving and recognizing the Kerman Peace Officers Association as the employee group representing City of Kerman Police Department Employees formerly represented by the Kerman Public Safety Employees Association (KPSEA) and the Kerman Public Safety Sergeants Association (KPSSA); and

WHEREAS, the Parties have met and conferred on a Successor MOU and agree to

enter into this MOU with the understanding that they will continue to meet to create a Consolidated MOU comprised of terms and conditions in the prior KPSEA and KPSSA MOUs (“Prior MOUs”).

AGREEMENT

SECTION 1. Term and Duration. The Term and Duration provisions of the Prior MOUs are amended to read as follows:

This MOU shall be effective for three (3) years from July 1, 2021, through June 30, 2024.

SECTION 2. Salary. The Salary provisions of the Prior MOUs are amended to read as follows:

Salary ranges for all unit classifications will be increased 2.5% effective the first full pay period following City Council approval of the new MOU, but no sooner than the pay period that includes July 1, 2021; 2.5% effective the pay period that includes July 1, 2022; and 2.5% effective the pay period that includes July 1, 2023.

SECTION 3. One-Time Advance Payment. The following language regarding a one One-Time Advance Payment is added to this MOU.

The City will provide a One-Time Advance Payment of Three Thousand Dollars ($3,000) with the first full pay period following Council approval of this MOU to KPOA members who are employed at such time and who

22


helped maintain continuity of operations for the City’s critical infrastructure during the COVID-19 pandemic.

SECTION 4. Vacation Cash Out. The Vacation provisions of the prior MOUs are amended to read as follows:

Employees who reach the cap for vacation are entitled to an automatic annual cash out of up to 40 hours of vacation time at the designated pay period on the condition that they leave a balance of at least 80 hours. This provision sunsets with term of this MOU on June 30, 2024.

SECTION 5. Health Insurance Capped Rates. The health insurance provisions in the prior MOUs are amended to read as follows: The current capped 2017-2018 rates paid by the City on health insurance for those employees hired after July 1, 2017 are rescinded. SECTION 6. Take Home Vehicles. The following text regarding take home vehicles is added to this MOU:

All employees who have individually assigned patrol vehicles and who live within the boundaries of the Kerman Unified School District will be provided with a take home vehicle and will follow Police Department guidelines as to the care, parking, and maintenance of such units.

SECTION 7. Compensation Study. The following text regarding a Compensation Study is added to this MOU:

The City will undertake a Compensation Study. The City will commission a comprehensive salary survey in year one (1) of the effective date of this MOU. The salary survey will be completed and presented to the City Council and to KPOA for information in year two (2) of this MOU. Commencing in January 2024, (year three (3) of this MOU), the Parties will engage in discussions regarding the salary survey. Additionally, during the term of this MOU, the City will update the KPOA on a quarterly basis of the status of the salary survey. Nothing herein mandates that the City approve any salary increases pursuant to the findings in the comprehensive salary survey. The parties will meet and confer in good faith regarding salaries for a successor MOU.

/ / / / / /

23

City Council Staff Report Page 7 of 7 KPOA MOU SECTION 8. Longevity Pay. The following text regarding Longevity Pay is added to this MOU:

Employees who have been employed on a full-time basis with the City for a continuous period of ten (10) shall receive a 2.5% salary increase which shall be effective on the pay period following the employee's qualifying anniversary date. Employees who have been employed on a full-time basis with the City for a continuous period of 15 years shall receive a second 2.5% salary increase which shall be effective on the pay period following the employee's qualifying anniversary date. Employees who have been employed on a full-time basis with the City for a continuous period of 20 years shall receive a third 2.5% salary increase which shall be effective on the pay period following the employee's qualifying anniversary date.

SECTION 9. Consolidation of MOU. The Consolidation of MOU provisions in the Prior MOUs is retained and clarified to address the merger of two prior bargaining units:

The Parties agree that the Prior MOUs, have been subject to successive

modifications, amendments, and supplementation. Additionally, two KPSEA and KPSSA have merged and are now part of KPOA. It is desirable and important that the Parties cooperate to create a Consolidated Memorandum of Understanding. A Consolidated MOU is in the best interest of both parties as it will reconcile and harmonize language in one document.

An “MOU Consolidation Committee” comprised of City Management and KPOA representatives shall be created within sixty (60) days of the effective date of this MOU. The Committee shall make good faith efforts to meet and to create a Consolidated MOU.

SECTION 7. Affirmation of All Other Provisions. The Parties affirm the continuing effectiveness of the terms and conditions of the Prior MOUs including applicable Side Letter Agreements except for any terms and conditions that conflict with this MOU.

KERMAN PEACE OFFICERS ASSOCIATION ______________________________ Erika El-Helou, President Date: _________________, 2021

CITY OF KERMAN ______________________________ John Jansons, City Manager Date: _________________, 2021

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MAYOR MAYOR PRO-TEM Gary Yep Ismael Herrera COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER Jennifer Coleman Kevin Nehring Bill Nijjer

DEPARTMENT: PLANNING AND DEVELOPMENT STAFF REPORT


To: Mayor and City Council From: Jerry Jones, City Engineer Subject: Resolution Supporting and Implementing AB 1012 “Timely Use of Funds”

RECOMMENDATION Council by motion adopt resolution supporting and implementing AB 1012 “Timely Use of Funding”. EXECUTIVE SUMMARY The Fresno Council of Governments (COG) has called for applications for projects to be funded with Federal transportation funding. Funding is available through the Surface Transportation Block Grant (STBG) Program, formerly the Regional Surface Transportation Program (RSTP). The City has relied on funding through this program in the past to complete transportation-related projects, primarily pavement rehabilitation/reconstruction projects, on designated collector streets within the City. Without these funds, the City would have a difficult time maintaining collector streets within the City. Staff has developed two projects to submit as candidate projects. The projects are as follows: 1) Siskiyou Avenue from Kearney to Whitesbridge and 2) Goldenrod Avenue from the San Joaquin Valley Railroad to Kearney. The deadline for application submittal is October 1, 2021. DISCUSSION COG administers Federal funding for local transportation projects. Funding is available from the STBG Program for typical roadway rehabilitation projects. Within the program, the funds are divided into two categories, “Lifeline” and “Regional Bid”. The amount of funds allocated for “Lifeline” projects is based on population and the City is guaranteed this allocation. The “Regional Bid” projects will divide $13,156,304 of STBG funds amongst the member agencies of COG, based on competitive scoring of applications submitted by member agencies. The applications for Lifeline projects are not due until February 2022, so that agencies can learn whether or not any of their competitive applications are successful before determining what to do with their Lifeline funds. COG has called for STBG Regional Bid project applications to be submitted by October 1, 2021. STBG projects are required to be on Collector and Arterial streets and local streets are not eligible. Where more than one project is submitted, then the City must rank the projects in order of priority. The proposed projects are listed in order of proposed priority, with budgetary costs shown below. Attachment ‘B’ show the locations and proposed limits of the proposed STBG projects.

25

City Council Staff Report Page 2 of 4 2021 STBG Funding Applications

1. Siskiyou Avenue – Kearney Boulevard to Whitesbridge Road - $725,000

This project would consist of a grind and overlay of the existing pavement to address the deteriorated pavement surface. According to the City’s Pavement Management Program, the pavement condition along this segment of Siskiyou Avenue has deteriorated to poor/very poor condition. Portions of the roadway would be fully reconstructed to address issues with the pavement structural section. The project would also include the replacement of damaged sections of curb and gutter, sidewalk, and other concrete improvements. Curb ramps would be constructed at all street intersections where they do not exist or are non-compliant with ADA requirements.

2. Goldenrod Avenue – San Joaquin Valley Railroad to Kearney Boulevard - $617,000 This project would consist of a grind and overlay of the existing pavement to address the deteriorated pavement surface. According to the City’s Pavement Management Program, the pavement condition along this segment of Goldenrod Avenue has deteriorated to poor/very poor condition. Portions of the roadway would be fully reconstructed to address issues with the pavement structural section. The project would also include the replacement of damaged sections of curb and gutter, sidewalk, and other concrete improvements. Curb ramps would be constructed at all street intersections where they do not exist or are non-compliant with ADA requirements.

As an alternative to the projects listed above, Council may direct Staff to prepare and submit an application or applications for projects other than those listed, granted they meet the eligibility requirements. A resolution supporting and implementing AB 1012 “Timely Use of Funding” is required to be submitted with the application. The resolution essentially states that the City understands that any awarded project must be delivered in a timely manner per the requirements of AB 1012. This is not a new requirement and has been required for previous STBG projects. FISCAL IMPACT Federally-funded transportation projects require a minimum local match of 11.47% from local Gas Tax, Measure C, TDA, or other Local Transportation Funds. For the recommended priority project, this equates to $83,158. The proposed project(s) would be programmed for future fiscal years which allows the City time to plan for the expenditures beyond that which has already been included in the Capital Improvement Plan. PUBLIC HEARING Not Required. Attachments:

A. Resolution B. STBG Project Application Map

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Attachment ‘A’


RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN SUPPORTING AND IMPLEMENTING AB 1012 “TIMELY USE OF FUNDS”

WHEREAS, AB 1012 has been enacted into State Law in part to provide for the “timely use” of State and

Federal funding; and

WHEREAS, the City of Kerman is able to apply for and receive Federal and State funding under the Surface Transportation Block Grant Program and Congestion Mitigation and Air Quality Improvement Program; and

WHEREAS, the City of Kerman desires to ensure that its projects are delivered in a timely manner to preclude the Fresno Region from losing those funds for non-delivery; and

WHEREAS, it is understood by the City of Kerman that failure for not meeting project delivery dates for any phase of a project may jeopardize Federal or State funding to the Region, and

WHEREAS, the City of Kerman must demonstrate dedicated and available local matching funds.

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

1. The foregoing recitals are true and correct and incorporated herein. 2. The City Council hereby agrees to ensure that all project delivery deadlines for all project phases will be

met or exceeded. 3. It is understood that failure to meet project delivery deadlines may be deemed as sufficient cause for

the Fresno Council of Governments Policy Board to terminate an agency’s project and reprogram Federal/State funds as deemed necessary.

4. The City Council directs its management and engineering staffs to ensure all projects are carried out in a timely manner as per the requirements of AB 1012 and the directive of the City Council.

5. This resolution is effective upon adoption.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 22nd day of September 2021, and passed at said meeting by the following vote:


The foregoing resolution is hereby approved. _________________________ Gary Yep ATTEST: Mayor _________________________ Marci Reyes City Clerk

27


Attachment ‘B’

28


MAYOR MAYOR PRO-TEM Gary Yep Ismael Herrera

COUNCIL MEMBER Jennifer Coleman

COUNCIL MEMBER Kevin Nehring

COUNCIL MEMBER Bill Nijjer

DEPARTMENT: CITY ATTORNEY STAFF REPORT


To: Mayor and City Council From: Hilda Cantú Montoy, City Attorney Subject: First Amendment to Employment Agreement with City Manager RECOMMENDATION Council is asked to consider and determine whether to adopt a resolution approving a first amendment to employment agreement with City Manager. EXECUTIVE SUMMARY The City and City Manager John Jansons entered an Employment Agreement (“Agreement”) effective December 1, 2019. Subsequent to the recent completion of the City Manager’s performance evaluation, the City Council through an Ad Hoc Committee comprised of the Mayor and Mayor Pro-Tem conducted contract negotiations with the City Manager. The parties wish to amend the Employment Agreement as set forth in the First Amendment to Employment Agreement attached to the proposed resolution regarding this matter. DISCUSSION The Brown Act Requires that prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. See Government Code § 54953 (c) (3). A summary of the amended Agreement is described in this Staff Report per the text that is required to be read out loud by the Mayor at the Council Meeting.

Announcement by Mayor– As required by the Brown Act (Government Code § 54953 (c) (3)), prior to taking action on this item, the Council must publicly announce a summary of the action being considered. If adopted, the proposed resolution will approve the First Amendment to Employment Agreement with City Manager John Jansons as follows: • The Term of the Employment Agreement is extended for a term of five years from

November 30, 2022, to November 30, 2027.

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City Council Staff Report 2 of 6 First Amendment to City Manager Agreement

• The Agreement reflects the City Manager’s base salary received effective July 1, 2021, as per the last performance evaluation. The City Manager will be paid an annual base salary of One Hundred $165,375 per year paid in accordance with the City’s payroll procedures.

• The Agreement adds a safe harbor provision preventing the termination of the City Manager without cause within ninety (90) days of an election of a Councilmember or Mayor or the appointment of a Councilmember or Mayor to complete an unexpired term.

• Administrative Leave will be increased from 1.54 to 3.08 hours of Administrative Leave each biweekly pay.

• The timing of performance evaluations is updated to mid-year and annual performance evaluations or as deemed necessary.

Attachments:

1. Resolution w/Exhibit

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Attachment ‘A’


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

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER WHEREAS, On December 1, 2019, the City and City Manager entered an At-Will Employment

Agreement; and WHEREAS, the City Council and City Manager desire to amend the Agreement to extend the term

of the Agreement and to make other modifications. NOW, THEREFORE, the City Council of the City of Kerman hereby resolves as follows:

1. The above recitals are true and correct.

2. The City Council approves the First Amendment to Employment Agreement with City Manager John Jansons attached hereto as Exhibit ‘A’ and incorporated by reference.

3. This resolution is effective immediately upon adoption. The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of September 2021, by the following vote.


The foregoing resolution is hereby approved. _______________________ Gary Yep Mayor ATTEST: _________________________ Marci Reyes City Clerk

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Exhibit ‘A’

FIRST AMENDMENT TO CITY OF KERMAN

AGREEMENT FOR EMPLOYMENT OF CITY MANAGER This First Amendment to Employment Agreement (“First Amendment”) is made and

entered on October 1, 2021, by and between the City of Kerman (“City”) and John Jansons (“Employee”).

RECITALS

WHEREAS, City and Employee entered an Employment Agreement (“Agreement”) effective December 1, 2019; and

WHEREAS, City and Employee desire to continue the employment relationship and to

make certain modifications to the Agreement.

AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises

and covenants herein contained, the parties agree as follows: SECTION 1. Section 3 of the Employment Agreement is amended to read as follows and to repeal prior text in Section 3:

3. Term of Agreement.

This Employment Agreement is extended for a term of five years from November 30, 2022, to November 30, 2027. The term of this Agreement shall be at the will of either party.

SECTION 2. Section 4 of the Employment Agreement is amended to read as follows:

4. Salary.

Based on the salary increase received effective July 1, 2021, Employee shall be paid an annual base salary of One Hundred Sixty-Five Thousand, Three Hundred Seventy-Five ($165,375) per year paid in accordance with the City’s payroll procedures.

SECTION 3. Section 5 of the Employment Agreement is amended by adding Subsection 5d to read as follows.

d. Termination of Employee by the City without cause shall not be effected within ninety (90) days of an election of a Councilmember or Mayor or the appointment of a Councilmember or Mayor to complete an unexpired term. After the expiration of the aforementioned ninety (90) day period, there shall be no limitation on the City Council’s ability to terminate without cause. Employee expressly acknowledges

32


by his initials to the left of this provision, that this limitation on timing shall only be effective for the ninety (90) day period noted in this Subsection 5d and that it in no way abrogates the status of Employee as an at-will Employee.

SECTION 4. Section 6j of the Employment Agreement is amended to read as follows:

j. Administrative Leave. Employee shall be credited with 3.08 hours of Administrative Leave each biweekly pay period. Employee may use Administrative Leave as time off or may cash out up to forty (40) hours of Administrative leave. Administrative Leave not taken or compensated during the calendar year in which it is credited shall not be added to any such leave granted in a following year, nor shall it be carried over.

SECTION 5. Section 6 of the Employment Agreement is amended to read as follows and to repeal prior text in Section 6:

6. Performance Evaluations.

a. The City will review the Employee’s performance on an ongoing basis and the City Council shall schedule mid-year and annual performance evaluations or as deemed necessary.

b. At each annual evaluation and as otherwise deemed appropriate by

the City Council, the City Council will define such goals and performance objectives which it determines necessary for proper operation of the CITY and for attainment of the City Council’s policy objectives.

c. The annual evaluation of Employee shall be conducted between

March 15 and April 15 of each year. d. After the annual evaluation to be conducted between March 15 and

April 15, 2022, and upon City Council’s determination of Employee’s satisfactory performance, Employee’s annual base salary shall be increased by five percent (5%). Such increase shall be effective July 1, 2022.

e. Commencing with the evaluation of 2023, after the annual and

upon City Council’s determination of Employee’s satisfactory performance, Employee’s annual base salary may be increased up to five percent (5%) at the sole discretion of the City Council.

SECTION 6. Except as amended by this First Amendment to Agreement, all other terms

in the Employment Agreement shall continue in full force and effect.

(Signatures on next page)

33


IN WITNESS WHEREOF, the City of Kerman has caused this First Agreement to

Employment Agreement to be executed on its behalf by its Mayor and duly attested by its City Clerk, and John Jansons has signed and executed this Agreement on the day and year written below.

CITY OF KERMAN EMPLOYEE ______________________________ ____________________________ Gary Yep, Mayor John Jansons Date: _________________________ Date: _______________________ ATTEST: ____________________________________ Marci Reyes, City Clerk APPROVED AS TO FORM: ______________________________________ Hilda Cantú Montoy, City Attorney

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agenda 2 september 8, 2021 5 - cityofkerman.net

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