Exeter City Council
February 22, 2022

EXETER CITY COUNCIL ACTION MINUTES
JANUARY 25, 2022
A regular session of the City Council, City of Exeter was held on Tuesday, January 25, 2022, at 7:04 p.m., virtually only pursuant to AB 361 and Exeter City Council Resolution 2022-02 COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, Dave Hails, and Justin Mills COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, John Hall, Daymon Qualls, Rainbow Moore, Spencer Supinger, Eddie Wendt, Shonna Oneal, and Eekhong Franco
A. CALL TO ORDER REGULAR SESSION
Mayor Sally called the regular session to order at 7:04 p.m.

B. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Garver and an invocation was given by Pastor Larry Folkner.

C. SPECIAL PRESENTATIONS (if any): None
D. PUBLIC COMMENTS:

Mayor Sally requested those who wish to speak on matters that are not on the agenda that are within the jurisdiction of the Exeter Council, or to address or request a matter be pulled from the consent calendar to do so at this time. She also stated comments related to Individual Business or Public Hearing items that are listed on the agenda will be heard at the time that matter is addressed on the agenda.

No public comments were presented.

E. CONSENT CALENDAR:

It was moved by Mayor Pro Tem Alves, seconded by Council Member Garver, and unanimously carried that the items on the Consent Calendar be approved as presented.

1. Approve special and regular minutes of January 11, 2022

2. Payment of Bills

3. Payroll: January 7, 2022

4. Authorize the piggyback of a contract that was competitively bid by City of Visalia for asphalt crack sealing and authorize the City Administrator to execute an agreement with Graham Contractors, Inc. of San Jose, CA in the amount of $93,478 to perform asphalt crack sealing at various locations throughout the City subject to minor conforming and clarifying changes acceptable to the City Attorney.

F. INDIVIDUAL BUSINESS ITEMS:

1. Public Hearing to consider an ordinance to amend the Exeter Municipal Code, Title 8 - Health and Safety; Chapter 8.16 Garbage Collection and Disposal and Chapter 8.18 Commercial and Industrial Garbage Recycling Program; and introduce and give first reading of Ordinance 699 Repealing and Replacing Chapter 8.16 of Title 8 of the City of Exeter Code of Ordinances. Public Works Director Daymon Qualls provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:13 p.m. receiving no public comment, closed the public hearing at 7:13 p.m. Following discussion, it was moved by Council Member Mills, seconded by Council Member Garver and unanimously carried to give first reading of Ordinance 699 amending and restating Title 8 - Health and Safety; Chapter 8.16 Garbage Collection and Disposal and Chapter 8.18 Commercial and Industrial Garbage Recycling Program, read by title only, and waiving further reading in full. City Attorney Julia Lew read the Ordinance by title only.

Receive presentation and provide comments on the draft Complete Streets with ADA Compliance and Active Transportation Safety Enhancement Plan for the City of Exeter. Operations Manager Eddie Wendt introduced the item and Steve Brandt of QK. Mr. Brant provided a PowerPoint presentation highlighting the draft Complete Streets with ADA Compliance and Active Transportation Safety Enhance Plan for the City of Exeter. No action was requested or taken.

ACTION MINUTES

EXETER CITY COUNCIL

G. CITY COUNCIL ITEMS OF INTEREST
Council Member Garver reported on TCRTA and Tooleville meeting. Council Member Hails reported on attending the Tooleville meeting. Council Member Mills reported he would be attending the TCEDC meeting. Mayor Sally reported that she attended the City selection committee for LAFCO and is the new Vice Chair.

I. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
Public Works Director Daymon Qualls provided call statistics for the Public Works Department. City Administrator Adam Ennis provided a brief update on City projects.

J. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 7:55 p.m.

Shonna Oneal, City Clerk

EXETER CITY COUNCIL ACTION MINUTES
FEBRUARY 10, 2022
A special meeting of the City Council, City of Exeter was held on Thursday, February 10, 2022, at 5:00 p.m., via zoom and in the Exeter City Council Chambers, 137 North F Street, Exeter, California.

COUNCIL PRESENT: Barbara Sally; Frankie Alves5:40p.m; Dave Hails; Steve Garver; and Justin Mills COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, Shonna Oneal, Rainbow Moore, Marie Arroyo and Eekhong Franco

1. Call to Order Special Meeting
Mayor Sally called the Special Meeting to order at 5:00 p.m.

2. Public Hearing - Redistricting at 5:00 p.m.
a. Public Hearing to receive input from the Community regarding the Redrawing of Election District Boundaries and receive a report from staff and National Demographics Corporation (NDC) on the redistricting process, permissible criteria to be considered to redraw same, and selection of the proposed new district map.

City Clerk/HR Manager Shonna Oneal introduced the item and Dr. Jeff Tilton of NDC. Dr. Tilton provided a PowerPoint presentation highlighting the redistricting process and presented the proposed Maps for Council's selection. Mayor Sally opened the public hearing at 5:07 p.m., receiving no public comments, closed the public hearing at 5:07 p.m. Following discussion, it was moved by Council Member Hails, seconded by Mayor Pro Tem Alves and unanimously carried to select Map 106 as presented to be included in the upcoming first reading of the election district boundary Ordinance revision.

3. Public Comment Regarding Special Meeting
Mayor Sally requested those who wish to speak on matters listed on the Special Meeting Agenda do so at this time.

No public comments were received.

4. Authorize the purchase of two vehicle radios with associated equipment from Motorola Solutions in the amount of $10,153.78. Administrative Assistant Marie Arroyo provided a report for Council's review and consideration. Following brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Mills and unanimously carried to authorize the purchase of two Motorola APX6500 radios and associated equipment from Motorola Solutions in the amount of $10,153.778.

5. Authorize the hauling and disposal of excavation debris from the City's Corporation Yard to be completed by Vollmer Excavation, Inc. of Strathmore, CA and authorize payment in the amount of $14,960 for said hauling and disposal. Administrative Assistant Marie Arroyo provided a report for Council's review and consideration. Following brief discussion, it was moved by Council Member Mills, seconded by Mayor Pro Tem Alves and unanimously carried to authorize the hauling and disposal of excavation debris from City's Corporation Yard to be completed by Vollmer Excavation, Inc. of Strathmore, CA and authorize payment in the amount of $14,960 for said hauling and disposal.

6. Affirm an additional S47,385.73 in emergency repairs performed on Well E13-W by Kaweah Pump of Visalia, CA, and approve an appropriation of that amount into project account 105.461.080.043.

Administrative Assistant Marie Arroyo provided a report for Council's review and consideration. Following discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver and unanimously carried to affirm an additional $47,365.73 in emergency repairs performed on Well E13-W by Kaweah Pump of Visalia, CA, and approve an appropriation of that amount into project account 105.461.080.043.

7. COVID-19 status and review the need to continue the state of emergency established by Resolution 2020- 12 due to the Novel Coronavirus (COVID-19) for another 60 days. City Administrator Adam Ennis provided a report for Council's review and consideration. Following brief discussion, it was moved by Council Member Hails, seconded by Council Member Mills and unanimously carried to continue the state of emergency established by Resolution 2020-12 due to the Novel Coronavirus (COVID-19) for another 60 days.

ACTION MINUTES

EXETER CITY COUNCIL

8. Adopt Resolution 2022-03 Reaffirming Its Proclamation of a Local Emergency, Re-Ratifying the Prociamation of a State of Emergency by AB 361 issued on September 16, 2021, and Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter for the Period of Thirty (30) Days Pursuant to Brown Act Provisions. City Administrator Adam Ennis provided a report for Council's review and consideration. Following brief discussion, it was moved by Council Member Hails, seconded by Mayor Pro Tem Alves and unanimously carried to adopt Resolution 2022-03 as presented.

9. Discussion and direction for expenditure plan of funds from the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act. City Administrator Adam Ennis provided a report for Council's review and consideration. Following discussion, it was moved by Council Member Mills, seconded by Council Member Garver and carried 4-0 (Mayor Pro Tem Alves absent) to proceed with the purchasing process using the presented SLFRF funding of the Police Department Portable Radios ($33,000), Arborist Evaluation of City owned trees ($35,000), reconstruction of the Industrial Lift Station (up to $100,000), air conditioning and electrical repairs at City Hall/Fire Station and Senior Center (up to $80,00) and the air conditioning repairs at the Treatment Plant and Corporation Yard ($60,000) and direct staff to further develop the remaining needs discussed for this item.

10. Adjourn Special Meeting
Mayor Sally adjourned the Special Meeting at 5:45 p.m.

Shonna Oneal City Clerk

AVENU FINANCIAL SYSTEM CITY OF EXETER
1/25/2022 13:21:21 Payments for Publication GL335R-V08.17 PAGE Approved on 1/13/2022 for Payments Through 1/13/2022
Vendor Name Description Amount
AFLAC DECEMBER 2021 AFLAC PREM 3,267.68
AMERICAN BUSINESS MACHINES CHME735CW 120 127V 173.33
AUTOZONE INC DI ROTOR SKU 327.17
BEN-E-LECT INC. FEB 2022 ADMIN CLAIMS 6,412.25
BLACKWELL/ ROBERT W DEPOSIT REIMB 65.64
CALIFORNIA BUSINESS MACHINES 104.404.011.000 68.09
JAN 2022 WWTP 6,233.33
CENTRAL VALLEY SMORTG INC DEC 2021 SWEEPING 3, 350.00
CHADS AUTO GLASS CAR#E09 307.33
CITY OF EXETER 11/18-12/18/21 ASS 1,070.94
COLANTUONO, HIGHSMITH & DECE 2021 UUT COLLECTION 47.76
CRAIGS AUTO PARTS RED GREASE PAIL 1,583.24
DAWSON-MAULDIN LLC EMERG REPAIR SAVEMART 7,477.60
DELTA LIQUID ENERGY, ARRO AUTO 12/3/21 BRASSFIELD PROP 629.29 ELITE CORPORATE MEDICAL SERV MEDICAL CLINIC FEE-51 1,318.50 EMD NETWORKING SERVICES, INC. MUSTOMER LABOR SHOP INTE 1,082.75 EXETER MERCANTILE CO. 1,693.69
EXETER MOTORS, INC. TRANSMISSION A 4,534.36
EXETER PLUMBING CO. PLUMING ISSUE 125.00
FOOTHILLS SUN-GAZETTE PN-1283-01 294.40
FRESNO OXYGEN STD LRG FOWS CYLS 120.65
FUSION CLOUD SERVICES LLC 3346-12/18-1/17/22 256.32
JACK GRIGGS INC NOVEMBER 2021 GAS 8,548.30
KRC SAFETY CO INC. PARK SIGNS 2,769.09
MCCORMICK KABOT JENNER & LEW NOV LEGAL SERVICES 2,700.00 MID VALLEY DISPOSAL, LLC 25 UNTRA FLEX PIG 79,791.03
PACE SUPPLY CORP. 5,154.83
PENA'S DISPOSAL INC DEC CONSLE SHRED 60.00
12/30/21 UNIFORM SERV 218.90
210398 STORM DRAIN SYSTE 28,352.40
ROMAN CATHOLIC BISHOP 12/10/21 ARROYO DONATION 36.00
SELECT AUTO REPAIR & SMOG 10 FORD F350 81.50
SELF-HELP ENTERPRISES NOV 2021 CV2BA 44,519.66
SOUTHERN CALIFORNIA EDISON 4631C-11/10-12/12/2021 23,368.52 SOUTHERN CALIFORNIA GAS CO. 0891-11/29-12/29/21 1,910.46 SWRCB 7/1-6/30/22 WWTF 73,619.26
TE TIRE AND SERVICE 245/55R 18 FIRE HAWK 197.60
TRANSUNION RISK & ALTERNATIVE NOV 2021 PERSON SEARC 75.00 TULARE CO CHIEFS ASSOCIATION 2022 ANNUAL MEMBERSHIP D 250.00

UNIVAR SOLUTIONS USA INC
VALLEY GREEN LANCAPE DAN COZY PRIME SYSTEM 8,258.00

VAST NETWORKS
VERIZON WIRELESS 2. 90.:00
VOLLMER EXCAVATION, L. P. TRANSFER LOAD OF ROAD BA
** Final Totals... 326,595.30

AVENU FINANCIAL SYSTEM CITY OF EXETER
2/08/2022 9:32:08 Payments for Publication GL335R-V08.17 PAGE Approved on
Vendor Name Description Amount
AAA QUALITY SERVICES PPOTTY RNTL 1/16-2/12/22
ADVENTIST HEALTH TULARE DEC LAB FEES 685.00
AT&T DEC LIVE SCAN 397.69
BASIC" E. CO INC 14" DIAMOND SEG

JAN COBRA ADMIN FEE
BLUE SHIELD OF CALIFORNIA 02/01-02/28/2022 27,091.88
FEB 2022 LT DISABILITY
CALIFORNIA BUSINESS MACHINES ADMIN-01/08-02/07/22 BAS
CHARTER COMMUNICATIONS MEDIA SERVICE 1/6-2/5/22

DELTA LIQUID ENERGY, ARRO AUTO DECINER PRINTS

DEPT OF JUSTICE
EMD NETWORKING SERVICES, INC. VPN SET UP FOR MARIE
EWING IRRIGATION PRODUCTS INC LP710 500FT PE RED 1/2 T

EXETER IRRIGATION & SUPPLY INVNTRY& PINE IRRG LEAK
EXETER MOTORS, INC. 2021 F150 SUPER CAB 31,968.05
FRESNO OXYGEN 14" 66T MILD STEEL CUTTI
FRONTIER CALIFORNIA INC. 5139-01/4-2/3/22

INGLEHART/BRETT MEMBERSHIP DUES
TRNG: NXT LVL TRN-PER DEI
KRC SAFETY CO INC. 2" STANDARD ROUND POST A

MCGEE REFRIGERATION INC HEATING UNIT CHECK

OFFICE DEPOT PD-PAPER TOWELS/ BATH TI

PENA'S DISPOSAL INC PD- SHREDDING
PRINCIPAL LIFE INSURANCE CO. FEB PREMIUMS-31 MEMBERS
PRUDENTIAL OVERALL SUPPLY 1/13/2022 UNIFORM SERVIC
SHAPE INC. REPIMNT OF FLYTPMP @ RH
SILVER & WRIGHT LLP DEC 352 G
SIMMONS TIRE SERVICE FLAT/DM & M- 21.5X24

SONIA DOWLING BACKGROUND FEE-DURON
SOUTHERN CALIFORNIA EDISON 0041B-12/20/21-01/20/22 15,288.10

I-MOBILE USA INC REPAIR TOILET WOMENS BAT
MOBILE SERVICE 12/21-1/2
TOP DOG TRAINING CENTER K9-MONTHLY MAINT. TRAINI
TRANSUNION RISK & ALTERNATIVE DEC 2021 PERSON SEARCH

TULARE COUNTY JAIL DIGITAL PRINT ON CSO
TULARE COUNTY SHERTERIS DEPT 10/1--12/31/2021 26,340.25 UNITED RENTALS 2 BLADE, DI ASPLT OR GRE
UNIVAR SOLUTIONS USA INC SOD HYPO 12.5%
US BANK N.A. DEC CUSTODY CHARGES

VALLEY UNTFORM CENTER UNIFORMS - CHRIS MARX
4CREEKS, INC 21369 E PALM PAVEMENT
* * Final Totals... 126,729.16

AVENU FINANCIAL SYSTEM CITY OF EXETER
2/07/2022 9:16:44 Payments for Publication GL335R-V08.17 PAGE Approved on 2/04/2022 for Payments Through 2/04/2022
Vendor Name Description Amount
EXETER MOTORS, INC. 2021 F150 SUPERCAB-PD 31, 698.05
** Final Totals... 31,698.05
CHE FOR HE CEREASTER RUN-01/20/2022 08.46.32 PAGE
PR311R-V14.12 Paymate
PERIOD 2 DATING 1/03/2022-1/16/2022 CHECK DATE 1/21/2022

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
1204 63.69 CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK
NECOFTABLE CHEK FORM: CHEK COUNTS
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BANK CHECKS

63.69 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS

0.00 *CANCELLED CHECKS

63.69 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS *DIRECT DEPOSIT STUBS

0.00 *VENDOR DIR DEP STUBS 00
.....S BI-WEEKLY RUN-01/20/2022 08.46.32 PAGE
CHECK FORM STUB CHECK REGISTER PR311R-V14.12 Paymate
PERIOD 2 DATING 1/03/2022-1/16/2022 CHECK DATE 1/21/2022

DIRECT DEPOSIT IS TURNED

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE
49729 108.00 CLOCEA 1 VENDOR STUB ONLY
49730 684.00 EXETER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 49731 188.28 EXETER POLICE OFFICER AS ЗА 1 VENDOR STUB ONLY 49732 ENNIS/ADAM 206 1 STUB ONLY
2, 593:28 ONEAL/SHONNA N
49733 203 1 STUB ONLY
49734 1,471.07 CARTER/AMY JO 502 1 STUB ONLY
49735 1,357.94 CORREA/BIANCA 630 1 STUB ONLY
49736 3,165.47 PARK MOORE/YUN GYUNG 703 1 STUB ONLY
49737 652.98 SANCHEZ/CESILIA 307 1 STUB ONLY
49738 2,395.50 FRANCO/EEKHONG 304 1 STUB ONLY
49739 1,627.39 PHILLIPS/ZACHARY 705 1 STUB ONLY
49740 1,412.65 CARRETERO/VANESSA 402 1 STUB ONLY
49741 2,105.68 CORREA/GABRIEL JR 436 1 STUB ONLY
49742 1,379.02 CULLUM/TRENT 444 1 STUB ONLY
49743 3,719.09 DURKEE/MARK 404 1 STUB ONLY
49744 1,564.64 ECHEVARRIA/TYLER J 443 1 STUB ONLY
49745 1,469.70 FELIX/ESTEVAN 704 1 STUB ONLY
49746 781.21 GIEFER/MICHAEL DAVID 438 1 STUB ONLY
49747 2,163.53 GUZMAN/TIMOTHY CHARLES 410 STUB ONLY
49748 3,373.04 HALL/JOHN T 406 STUB ONLY
49749 1,725.97 HAMPTON/JUSTIN 446 STUB ONLY
49750 2,462.47 INGLEHART/BRETT A 411 STUB ONLY
49751 90.27 MACLEAN /JANET L 413 STUB ONLY
49752 1,553.12 MARX/CHRIS 706 STUB ONLY
49753 1,974.93 PHELPS/KEVIN M 429 STUB ONLY
49754 1,642.08 PRIDEAUX/TRACI 448 1 STUB ONLY
49755 2,473.24 YARBER/ISABEL 422 STUB ONLY
49751 942.44 ALDRIDGE/GARY 618 1 STUB ONLY
1,408.66 ARROYO/MARIE 623 1 STUB ONLY
49758 1,881.49 BRASSFIELD/TRAVIS 619 1 STUB ONLY
49759 1,675.43 ESPINOLA/DANIEL M 602 1 STUB ONLY
49760 66.25 GOLDSTROM/NORMAN 629 1 STUB ONLY
49761 1,598.63 HUGGINS/KYLE AARON 621 1 STUB ONLY
49762 2,928.08 QUALLS / DAYMON 607 1 STUB ONLY
49763 1,478.58 RAMIREZ/ JUAN 608 1 STUB ONLY
49764 1,007.20 WENDT /EDDIE 626 1 STUB ONLY
49765 1,208.03 MILLAN/MARCUS 622 1 STUB ONLY
49766 995.44 MILLER/JAMES 624 1 STUB ONLY
49767 3, 086.21 HAYES/CURTIS W 437 STUB ONLY
RUN-02/03/2022 15.22.18 PAGE
PR311R-V14.12 Paymate
PERIOD 1 DATING 1/17/2022- 1/30/2022 CHECK DATE 2/04/2022

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
1205 63.69 CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK
TOTALS FOR CHECK FORM: CHEK

NEGOTIABLE CHECKS COUNTS
*EMPLOYEE CHECKS
*VENDOR CHECKS

63.69 *BANK CHECKS
**TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS

0.00 *CANCELLED CHECKS

63.69 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS 00

0.00 *VENDOR DIR DEP STUBS
SAYS FOR STUB HERE STER RUN-02/03/2022 15.22.18 PAGE
PR311R-V14.12 Paymate
PERIOD 1 DATING 1/17/2022- 1/30/2022 CHECK DATE 2/04/2022

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
49768 108.00 CLOCEA 1 VENDOR STUB ONLY
49769 627.00 EXETER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 49770 172.59 EXETER POLICE OFFICER AS ЗА 1 VENDOR STUB ONLY 49771 4,588.49 ENNIS/ADAM 206 1 STUB ONLY
49772 2, 683.20 ONEAL/SHONNA N 203 1 STUB ONLY
49773 1,294.15 CARTER/AMY JO 502 1 STUB ONLY
49774 1,357.94 CORREA/BIANCA 630 1 STUB ONLY
49775 3,165.47 PARK MOORE/YUN GYUNG 703 1 STUB ONLY
49776 566.63 SANCHEZ/CESILIA 307 1 STUB ONLY
49777 2,395.50 FRANCO/EEKHONG 304 1 STUB ONLY
49778 1,581.19 PHILLIPS/ZACHARY 705 1 STUB ONLY
49779 46.17 CANALES/MICHAEL W 430 1 STUB ONLY
49780 1,407.40 CARRETERO/VANESSA 402 1 STUB ONLY
49781 2,805.07 CORREA/GABRIEL JR 436 1 STUB ONLY
49782 1,372.58 CULLUM/TRENT 444 1 STUB ONLY
49783 3,162.43 DURKEE/MARK 404 1 STUB ONLY
49784 1,529.65 ECHEVARRIA/TYLER J 443 1 STUB ONLY
49785 1,972.73 FELIX/ESTEVAN 704 STUB ONLY
49786 2,137.36 GUZMAN/TIMOTHY CHARLES 410 STUB ONLY
49787 3,367.79 HALL/JOHN T 406 STUB ONLY
49788 1,725.97 HAMPTON/JUSTIN 446 STUB ONLY
49789 2,462.47 INGLEHART/BRETT A 411 STUB ONLY
49790 617.86 MACLEAN/JANET L 413 STUB ONLY
49791 1,888.00 MARX/CHRIS 706 STUB ONLY
49792 2,885.45 PHELPS/KEVIN M 429 STUB ONLY
49793 1,636.83 PRIDEAUX/TRACI 448 STUB ONLY
49794 2,467.99 YARBER/ ISABEL
49795 1,176.26 ALDRIDGE/GARY STUB ONLY
49796 1,408.66 ARROYO/MARIE STUB ONLY
49797 1,119.69 BRASSFIELD/TRAVIS STUB ONLY
49798 1,670.18 ESPINOLA/DANIEL M STUB ONLY
49799 369.43 GOLDSTROM/NORMAN STUB ONLY
49800 1,598.63 HUGGINS/KYLE AARON STUB ONLY
49801 2,928.08 QUALLS / DAYMON 607 STUB ONLY
49802 1,739.87 RAMIREZ/ JUAN 608 STUB ONLY
49803 1,798.74 WENDT/EDDIE 62 1 STUB ONLY
49804 1,121.68 MILLAN/MARCUS 1 STUB ONLY
49805 995.44 MILLER/JAMES 1 STUB ONLY
49806 729.84 MIRWALD/PHILIP 1 STUB ONLY
49807 1,848.85 HAYES/CURTIS W 1 STUB ONLY
City of Exeter
Agenda Item Transmittal
Meeting Date: February 22, 2022
For action by:

Agenda Item Number: E4 X City Council
Wording for Agenda: Adopt Resolution 2022-04, authorizing the Regular Session:

X Consent Calendar
submittal of applications) for all CalRecycle Grants for which the Regular Item City of Exeter is eligible; and authorize the City Administrator to _ Public Hearing execute all grant documents.

Review:

Submitting Department: Public Works ity Administrat
Contact Name: Daymon Qualls Initials Requirec
Phone Number: 559.592.3318
Email: [email protected]
Department Recommendation:

Staff recommends that the Council adopt Resolution 2022-04, authorizing the submittal of application(s) for all CalRecycle Grants for which the City of Exeter is eligible; and authorize the City Administrator to execute all grant documents.

Summary/Background:

The Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California's (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment.

In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants. Accordingly, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. For this reason, the City Council of the City of Exeter must authorize the submittal of applications) to CalRecycle for all grants for which the City of Exeter is eligible and authorize the execution of all grant documents.

Fiscal Impact: As a result of this application, the City could potentially receive $20,000 in grant funding which can be used for procurement and public education.

Prior Council/Board Actions: None
Attachments: Resolution 2022-04 - Authorizing the submittal of application(s) for all CalRecycle Grants for which the City of Exeter is eligible.

Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-04, authorizing the submittal of applications) for all CalRecycle Grants for which the City of Exeter is eligible and authorize the City Administrator to execute all grant documents.

RESOLUTION 2022-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AUTHORIZING

SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH

THE CITY OF EXETER IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California's (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Exeter authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Exeter is eligible; and
BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and empowered to execute in the name of the City of Exeter all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.

Passed, approved, and adopted this 22nd day of February 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: February 22, 2022 For action by:

X_ City Council
Agenda Item Number: E5
Wording for Agenda: Award and authorize the City Administrator Regular Session:
to execute a contract with Lyles Utility Construction, LLC of Fresno, X_ Consent Calendar CA in the amount of $291, 108 to perform rehabilitation work on the _Regular Item Industrial Lift Station and authorize a contingency amount of Public Hearing $20,000 for potential unforeseen conditions.

Review:

Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318
Email: [email protected] (Initials Required)
-
Department Recommendation:

Staff recommends that Council authorize the City Administrator to execute a contract with Lyles Utility Construction, LLC of Fresno, CA in the amount of $291, 108 to perform rehabilitation work on the Industrial Lift Station and authorize a contingency amount of $20,000 for potential unforeseen conditions.

Summary:

The Industrial Lift Station, located on the south-west corner of Firebaugh and Industrial Dr., is one of eight sanitary sewer lift stations throughout the City. These stations operate twenty-four (24) hours per day and seven (7) days per week, lifting and pumping the City's wastewater through the collection system. In additional to the large residential area the Industrial Lift Station serves, it also serves the City's industrial area, including Svenhard's Bakery. Accordingly, the station receives constant heavy flow. It should also be noted that future industrial development along Industrial Drive cannot be supported by this lift station, in its current state.

Over the past few years City staff has spent countless hours working on the Industrial Lift Station to keep it running. Crews have been called out as many as two or three times per week after hours, because the station has failed. This results in numerous overtime hours. For this reason, staff prepared an RFB for a complete rehabilitation of the Industrial Lift Station.

All pre-qualified contractors were contacted, provided a scope of work, and given an opportunity to bid on this project. Three (3) bid responses were received from the following pre-qualified contractors:

Lyles Utility Construction, LLC $291,108.

SW Construction Inc. $296,473.

Dawson, Mauldin, LLC $297,000.

Lyles' bid proposal for this project has been reviewed by staff and all required information submitted has been determined to be complete and responsive.

Background: At the City Council meeting of April 23, 2019, the Exeter City Council accepted a list of five pre-qualified contractors to perform repair and rehabilitation projects on the City's water distribution and sanitary and storm sewer collection systems and authorized the City Administrator to execute initial agreements with each contactor. Table 1 shows the list of qualified contractors approved at that meeting.

Table 1, Qualified Contractors approved by Council on April 23, 2019:

Contractor Location
Bill Nelson Gen Eng Const., Inc. Fresno, CA
Dawson-Maulden, LLC Selma, CA
Lyles Utility Const., LLC Bakersfield, CA
SW Construction Bakersfield, CA
West Valley Const. San Jose, CA
This qualified contractor list and initial agreements has already proven to be very effective in addressing immediate smaller scale construction needs for the City and the work already completed through this procedure has reduced system vulnerabilities.

Fiscal Impact: $75,000 was included in the FY 20/21 FY, and $75,000. in the FY 21/22 Capital Improvement Program for lift station replacement. The additional funds for this project will be taken from development impact fees (about $90,000) and the Coronavirus State and Local Fiscal Recovery Fund established by the American Rescue Plan Act (up to $100,000) as approved by Council on February 10, 2022.

Prior Council/Board Actions: List of qualified contractors accepted on April 23, 2019 Attachments: Lyles' proposal for rehabilitation of the Industrial Lift Station Environmental Clearance: Not applicable to this project Recommended motion to be made by Council/Board: I move to award and authorize the City Administrator to execute a contract with Lyles Utility Construction, LLC in the amount of $291,108 to perform rehabilitation work on the Industrial Lift Station and authorize a contingency amount of $20,000 for potential unforeseen conditions.

BID PROPOSAL
FROM: CONTRACTOR Lyles Utility Construction, LLC
Company Name of bidder
Bids are required for the entire project complete and operational in place. Contractor must fill out all portions of this Bid Proposal Form, including the Bid Schedule and Subcontractor List for each For improvement of:

RFB No.: 22-001
Project Name: Industrial Lift Station Rehabilitation Project Project No.: 22-107-001
SCOPE
Overall Summary
The City of Exeter, CA, desires to initiate an agreement for the rehabilitation of a sanitary sewer lift station "Industrial Lift Station"
Contractor shall perform the work described as follows:

The work consists, in general, of: mobilization and demobilization, providing all traffic control installation, adjustments and removal, provide bypass sewer pumping, remove existing pump equipment, lift station manhole cone replacement with manhole pipe extension to poured-in-place reinforced lid frame base, install discharge valve vault with check valves, earthwork and grading, remove existing equipment, install new lift station equipment (partially provided by the City of Exeter as described in attached quotation from Shape Incorporated), hot mix asphalt and aggregate base and furnishing all necessary labor, materials, tools, equipment and incidentals needed to perform the work for this project.

The Contractor shall supply the following materials:

All equipment and materials necessary for bypass sewer pumping to maintain flows One (1) 3' X 5' traffic rated check valve vault and lid All piping and fittings from the pump discharge to the discharge manhole Two (2) check valves to be enclosed in the check valve vault.

Install overflow pipe
Discharge piping from check valves to discharge manhole.

Lift Station:

Tivo (2) sets of 2" O.D, 316 stainless steel pump guide rails and all required mounting hardware.

Electrical conduit required from lift station to main electrical panel 3 3' X 5' Traffic rated check valve vault and lid
Manhole pipe extension
Materials to construct concrete lid frame base
The new pump bases require a flat surface for mounting. It is unknown whether the bottom of the existing lift station is flat or shaped. If the bottom is shaped, the contractor should plan to pour a flat concrete mounting surface.

All traffic control needed (including submission of plan). Traffic control may include full closure of Industrial Drive, south of Firebaugh. A minimum of one lane must open on Firebaugh. Single lane closure on Firebaugh will require flaggers.

Provide all associated detours
Notification of businesses located on Industrial Drive
Note: All hardware is to be type 316 stainless steel.

The undersigned as bidder declares that he has carefully examined the location of the proposed work and attended the required site walk, that he has examined the scope, and read the accompanying instructions to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all materials (other than City supplied), labor, tools, and equipment, and do all the work required to complete said work in accordance with said scope, if any, Public Works Green Book and Contract Documents in the time and manner herein prescribed, for the unit price or lump sum price set forth in the following Bid Schedule:

INDUSTRIAL LIFT STATION REHABILITATION PROJECT BID SCHEDULE

ITEM DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE TOTAL NO. (s) (S)
1 Mobilization & Demobilization 1 LS 8,533- 8,533
2 Traffic Control 1 LS
24,500- 20,500
Bypass Pumping 1 53,100-
53,100-
4 Lift Station Cone Removal and MH
Pipe Extension 1 LS -
26,200 24,200
5 Lift Station Concrete Bottom LS
6,200" 4, 200
6 Conduit and Electrical Panel
1 LS
33,500 33,500-
Installation of Lift Station
faterials/Equipment and Lid (Se
7 materials provided by City. 1
LS
53,200 53,200
8 LS
19,500° 19,500-
Check Valve Vault and Traffic Lid LS
36,100- 34,100-
10 Backfill / Paving
LS 28,275 - 28,275-
PROJECT TOTAL (S) =
291,108
4 In case of a discrepancy between unit price and total, the unit price shall prevail.

The Contract, if it is awarded, will be awarded to the lowest responsible bidder whose proposal complies with all the requirements described.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to deliver the payment and performance bonds in the sums to be determined as aforesaid, with surety satisfactory to the City of EXETER, and to deliver all required insurance policies within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of EXETER.

Bidder acknowledges receipt of the following addenda:

No. - dated January 3 _ 2022
No. , dated _ 20_
No. _ dated
No. , dated _20_

SUBCONTRACTORS LIST
Column 1 Column Column 3 Column 4
Business Name, Location, 2 A) Subcontracted Description of Subcontracted Contractor License Number, Bid Item Cumulative Dollar Work Class of License, DIR No(s). Amount &
Registration Number, and e- ) Subcontracter
mail address Percent of tota
project

BAPGER DAYLIGHTINL
FRESNO, CA VAcuuMTruck.

CALICENSE *94549941 ,%
DIR 1000000068
[email protected]
Complete and Submit with Proposal

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA
) sS

CITY OF EXETER )

BAKERSFIELD
Bradley E. Zeimet
any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding hat the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, o profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: Lyles Utility Construction, LLO
Business Address: 525 W. Allúvial Ave., Fresno, CA 93711 Signature:

Name of Signing Official: Bradley, E. Zeimet
Title of Signing Official: Sr. Vicé President
Date: January 21. 2022
Company Seal:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

See attached notary.

State of California
County of
On this _day of _before me,
Notary Public, _ a
Sarisay evidence to be the person(s) whose named) islare subscribed to the who prosed me mandra knobig of personally appeared *i matures on she is men the persons or the enly por behalf of which the persons acted, executed he I certifty under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature . (Seal)
Repair and Rehabitation of Water Distribulion and Sanitary and Storm Sewer Colleclion Systems RFQ NO. 19-01

CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 X See Attached Document (Notary to cross out lines 1-6 below) • See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California Subscribed and sworn to (or affirmed) before me County of Kern
on this 21st day of January _ 20.22.

Date Month Year
(1). Bradley E. Zeimet
fand (2) ).

Name(8) of Signer(8)
ERICA M. CHAVEZ
Notary Public - California proved to me on the basis of satisfactory evidence Kern County to be the person(s) who appeared before me.

Commission # 2260533
My Comm. Expires Sep 29, 2022
Signature
Signature of Notary Public
Seal
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: RFB Io. 22-001, Industrial Lift Station Hon-Collusion Affidavit/Declaration - City of Excrefocument Date: 01/21/2022 RehabilitatIon Project; Project 122-107-001
Number of Pages: One Signer(8) Other Than Named Above: None ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Complete and Submit with Proposal

WORKERS' COMPENSATION INSURANCE CERTIFICATE

STATE OF CALIFORNIA

CITY OF EXETER

BAKERSFIELD
I am aware of the provisions of Section 3700 of the Labor Code which requires every Company: Lyles Unity Construction, LLC
Business Address: 525 W Alluvial Avenue, Fresno, CA 93711 Signature:

Title of Signing Official: Sr. Vice President
Date: January 21, 2022
Company Seal:

Repair and Rehabilitation of Water Distribution and Sanitary and Storm Sewer Collection Systems RFQ NO. 19-01

Complete and Submit with Proposal

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 28925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Exeter, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following:
employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees, placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers' representative of the contractors' commitments under Section 202 of Executive order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the contractor may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance rovided, however, that in the event the contractor becomes involved in, or is threatened with litigation with subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States.

Certification on Non-Segregated Facilities
The contractor hereby certifies that it does not or will not maintain segregated facilities not permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, gender, national origin or political affiliation.

Lyles Utility Construction, LLC ' January 21, 2022
Name of Firm Bradley E. Zeimet, Sr. Vice President
Authorized
signeture Date
Repair and Rehabilitation of Water Distribulion and Sanitary and Storm Sewer Collection Systems RFQ NO. 19-01

Complete and Submit with Proposal
EXETER

CITY OF EXETER
Ownership Disclosure for Contractors and Contractors
To Accompany Proposal
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name: Lyles Utility Construction, LLC
Firm Address: 525 W Alluvial Avenue, Fresno, CA 93711
List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

Tamara L. Lyles - President & Secretary
Bradley E. Zeimet - Sr. Vice President
Roman D. Hernandez - Asst. Vice President
Submitted by: Name: Bradley E. Zeimet, Sr. Vice President Date: January 21, 2022
Repair and Rehabilitation of Water Distribution and Sanitary and Storm Sewer Collection Systems RFQ NO. 19-01

Complete and Submit with Proposal

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION
1, the official named below, hereby swear that 1 am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penally of perjury under the laws/of the State of Califomia.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
Lyles Utility Construction, LLe 46-1156127
BY(Athorized Signalure) DATE EXECUTED
January 21, 2022
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) Bradley E. Zeimet
(559) 441-1900
TILE
Sr. Vice President

CONTRACTOR/BIDDER FIRM'S MAILING ADDRESS
525 W Alluvial Avenue, Fresno, CA 93711
The contractor or grant recipient named above hereby certifies compliance with Govemment Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Govemment Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 83550, that every employee who works on the proposed contract (a) Will receive a copy of the company's drug-free workplace policy statement, and (b) Will agree to abide by the ters of the company's statement as a condition of employment on the contract or grant. certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

Repair and Rehabilitation of Water Distribution and Sanitary and Storm Sewer Collection Syslems RFQ NO. 19-01

ADDENDUM NUMBER ONE

FOR THE

CITY OF EXETER
RFB# 22-001

INDUSTRIAL LIFT STATION REHABILITATION

PROJECT
January 3, 2022
Cityor
EXETER
МА ТОЧУ ЛАТВІСЯ
OWNER:

City of Exeter
137 North F Street
exeter, California 9322'
59) 592-3318

ADDENDUM NUMBER ONE
The following additions, deletions, or modifications shall become part of the Contract Documents:

RESPONSE TO REQUESTS FOR INFORMATION (RED):

QUESTION NO. 1
QUESTION: - Will a bid bond be required, to submit with this bid proposal? RESPONSE: No bid bond required for this project.

QUESTION NO. 2
QUESTION: - Do you have plans for this project?
RESPONSE: Only those attached to the RFB.

QUESTION NO. 3
QUESTION: - Do you have an address for the site walk on Monday? RESPONSE: The site walk will be at the south/west corner of Firebaugh and Industrial Drive. The location is just east of 350 W. Firebaugh (the City Corp Yard).

NOTE: One copy of this Addendum shall be signed by the Proposer and must be submitted with th roposal as acknowledgement of receipt of the acceptance of this Addendum ..? is
Prepared by: January 7, 2022
Daymon Qualis Date
Director of Public Works
Intestiny Construction tie
Accepted by: Xiu January 21, 2022
joposer (signature) Date
Bradley E. Zeimey, Sr. Vice President
1 In case of a discrepancy between unit price and total, the unit price shall prevail.

The Contract, if it is awarded, will be awarded to the lowest responsible bidder whose proposal complies with all the requirements described.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to deliver the payment and performance bonds in the sums to be determined as aforesaid, with surety satisfactory to the City of EXETER, and to deliver all required insurance policies within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal Bidder acknowledges receipt of the following addenda:

No. 1 _ dated January 3 _ 2022
No. → dated _ 20_
No._ _ dated _ 20_
No. - dated _ 20_
Company: Lyles Utility Construction, LLC
Business Address: 525 W Alluvial/Avenue, Fresno, ( A 93711 Signature: E
Name of Signing Official: Bradley E. Zeimet
Title of Signing Official: St ice President
Date: January 21, 2022
Company Seal:

CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 X See Attached Document (Notary to cross out lines 1-6 below) • See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California Subscribed and sworn to (or affirmed) before me County of Kern
on this 21st day of _January _, 20.22,
by Date Month Year
(1). Bradley E. Zeimet
fand (2). ),
Name(s) of Signer(8)
ERICA M. CHAVEZ
Notary Public - California proved to me on the basis of satisfactory evidence Kern County
Commission # 2260533 to be the person(s) who appeared before me.

My Comm. Expires Sep 29, 2022)
Signature
Signature of Notary Public
Seal
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Signature/Affidavit - City of Exetor
Title or Type of Document: RFB to. _ Document Date: 01/21/2022 RehabilitatIon Project; Project f22-107-001
Number of Pages: One_ Signer(8) Other Than Named Above: None xươứccc0c0000000000050000000000000200yy9a yxy Caoocoexy ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 City of Exeter
Agenda Item Transmittal
Meeting Date: February 22, 2022
For action by:

Agenda Item Number: G1 X City Council
Wording for Agenda: Public hearing and introduction and first Regular Session:
reading of Ordinance 700, an Ordinance of the Council of the City of _Consent Calendar Exeter amending Chapter 2.41 Section 2.41.030 (City Council Regular Item
District Map - Exhibit A) of the Exeter Municipal Code related to the X Public Hearing Election of City Council Members by Districts.

Review:

Submitting Department: Administration/City Attorney
Contact Name: Shonna Oneal, City Clerk City Administrator (Initials Required)
Adam Ennis, City Administrator
Phone Number: 592-9244
Email: [email protected]
Department Recommendation:

Hold the public hearing, introduce and give first reading of Ordinance 700, an Ordinance of the Council of the City of Exeter amending Chapter 2.41 Section 2.41.030 (City Council District Map - Exhibit A) of the Exeter Municipal Code related to the Election of City Council Members by Districts, read by title only, waiving further reading in full.

Summary:

The City has conducted the applicable processes set forth by the below-referenced legislation, and on February 10, 2022, selected draft Map 106 to be the City Council District Map as that term is used in Exeter Code of Ordinances Section 2.41.030. The attached proposed Ordinance revision will update the City of Exeter's election district boundary map. After the first reading, a second reading will be held on March 8, 2022. Once this process is finalized, the new Ordinance with map will be provided to the Tulare County Election office to implement the change in district boundaries to be effective at the next regularly scheduled election to be conducted in November 2022. This process must be completed by April 17, 2022.

Background:

On November 14, 2017, the City Council of the City of Exeter ("City") adopted Ordinance 684, changing the City from an at large to a by-district voting system, adopting boundaries for the City five voting districts and establishing an implementation schedule for conversion to by- district voting. Pursuant to California Elections Code section 21621(a), the City is required to review and adopt its voting district boundaries following each decennial federal census, so that the council districts shall be substantially equal in population as required by the United States Constitution;
In 2019, the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions ("FAIR MAPS) Act (AB 849) amended the process and criteria by which the City must evaluate and adjust its voting district boundaries.

The City prepared a public outreach plan to solicit participation from the community and held four public hearings. The four public hearings were held on October 26, 2021, November 18, 2021, January 11, 2022 and February 10, 2022. At the final public hearing, the Council selected Map 106 to be included in the Ordinance update.

Financial Impact:

The total cost of the redistricting process is estimated to be $14,750. A budget amendment and appropriation was necessary to cover the increased cost after it was discovered the City did not fall under the "still balanced" scenario as anticipated. The cost for the Ordinance revision is minimal and are already included in the budget. The costs include public hearing publications and attorney's fees for review.

Prior Council/Board Actions: 08/22/17 Adoption of Resolution 2017-47 Initiating Procedures for Establishing and Implementing By-District Elections & Consideration of approval of Contract with Doug Johnson; 10/10/17 and 10/24/17, first and second public hearings to solicit input from the public on the district boundaries contained in the proposed district maps and the sequencing of elections; 10/24/17, Council selected the yellow proposed map and conducted the first reading of Ordinance 684. On 11/14/2017, the 2nd reading and adoption of Ordinance 684 was held. In November 2018, the first by-district elections were held. The 4 public hearings to solicit participation from the public on the redrawing of district boundaries were held on October 26, 2021, November 18, 2021, January 11, 2022 and February 10, 2022. A budget amendment and appropriation was approved November 9, 2021 to cover the increased cost and to approve City Administrator's authorization to contract with NDC Corporation for demographer services.

Attachments: Ordinance 700
Recommended motion to be made by Council/Board: I move to introduce and give first reading of Ordinance 700, an Ordinance of the Council of the City of Exeter amending Chapter 2.41 Section

2.41.030 (City Council District Map - Exhibit A) of the Exeter Municipal Code related to the Election of City Council Members by Districts, read by title only, and waive further reading in full.

ORDINANCE 700

AN ORDINANCE OF THE COUNCIL OF THE CITY OF EXETER AMENDING CHAPTER

2.41 SECTION 2.41.030 (CITY COUNCIL DISTRICT MAP - EXHIBIT A) OF THE EXETER

MUNICIPAL CODE RELATING TO ELECTION OF CITY COUNCIL MEMBERS BY

DISTRICTS
WHEREAS, on November 14, 2017 the City Council of the City of Exeter ("City") adopted Ordinance 684, changing the City from an at large to a by-district voting system, adopting boundaries for the City five voting districts and establishing an implementation schedule for conversion to by-district voting;
WHEREAS, pursuant to California Elections Code section 21621(a), the City is required to review and adopt its voting district boundaries following each decennial federal census, so that the council districts shall be substantially equal in population as required by the United States Constitution;
WHEREAS, in 2019, the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions ("FAIR MAPS") Act (AB 849) amended the process and criteria by which the City must evaluate and adjust its voting district boundaries; WHEREAS, the City has conducted the applicable processes set forth by the above- referenced legislation, and on February 10, 2022, selected draft Map 106 to be the City Council District Map as that term is used in Exeter Code of Ordinances Section 2.41.030; WHEREAS, on February 22, 2022, the City Council held a duly noticed public hearing after which the City Council voted to introduce this Ordinance for a first reading; and WHEREAS, the City Council now desires to adopt this Ordinance amending Chapter 2.41 to adopt the new map describing the boundaries of the five City Council districts in the City;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER DOES ORDAIN, AS FOLLOWS:

SECTION 1: Recitals. The City Council of the City of Exeter hereby finds that the above recitals are true and correct and are incorporated into the substantive portion of this ordinance.

SECTION 2: The map described in this Ordinance and attached hereto as Exhibit A is hereby adopted as the "City Council District Map" as codified in Section 2.41.030 of the Exeter Code of Ordinances and incorporated therein by this reference.

SECTION 3: If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
- 1-
SECTION 4: This Ordinance shall be in full force and effective immediately after its final adoption by the City Council. The City Clerk shall cause this ordinance, or a summary thereof, to be published in accordance with applicable law.

The foregoing ordinance was passed and adopted by the City Council of the City of Exeter on a motion of Council Member and seconded by Council Member at a regular meeting held on , 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
- 2-

EXHIBIT A
City of Exeter
Redistricting 2021

0.34% © Elem Schi

13.86%

2.74% H Memorial Hosp

24.76% Dobson Fld
A © Exeter High School

3.51%

17.23%
Athletic Park
S Elem Schi NDC
Oty Park
© Mid Schil 106
E
B -2.17%

1.06% 27.25%

22.4%
Map layers
NDC 106
Landmark Point
Unger Park Landmark Area
Railroad
C2021 CALIPER Streets
- 3 -
City of Exeter
Agenda Item Transmittal
Meeting Date: February 22, 2022
or action by
Agenda Item Number: 12 X City Counc
Regular Session:

Wording for Agenda: Public Hearing to consider amending Chapter Consent Calendar

13.52 Sections 13.52.010 through 13.52.090 of the Exeter Code of X Regular Item Ordinances (Municipal Code) Revising The Cross-Connection X Public Hearing Control Program To Protect The Public Water System; and introduce and give first reading of Ordinance 701 amending and restating Title Review:
13, Chapter 13.52 of the City of Exeter Code of Ordinances.

Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director
Phone Number: 592-3318
Email: [email protected]
Department Recommendation:

Staff recommends that Council hold a public hearing, accept and consider public comments, close the public hearing, and consider amending Chapter 13.52 Sections 13.52.010 through

13.52.090 of the Exeter Code of Ordinances (Municipal Code) Revising The Cross-Connection Control Program To Protect The Public Water System; and introduce and give first reading of Ordinance 701 amending and restating Title 13, Chapter 13.52 of the City of Exeter Code of Ordinances.

Summary/Background:

What are cross-connections?
Cross-connections are actual and potential unprotected connections between a potable water system and any source or system containing unapproved water or a substance which is not safe. Examples of cross-connections include:

1. Improperly installed irrigation systems that may allow backsiphonage of stagnant, bacteriologically unsafe water into the piping system.

Improperly plumbed water-using devices such as hot-tubs, boilers or commercial dishwashers which may allow unsafe water back into the domestic piping system.

3. Irrigation systems served by an auxiliary source, such as a private well or creek. Such systems create a potential for major contamination of the public water system via interties with the domestic piping system.

Interconnections between the potable system and a non-potable system.

What the Regulations Require
Section 7584 of the California Code of Regulations requires that each public water system have a cross connection control program that includes these elements:

1. The adoption of operating rules or ordinances to implement the cross-connection program.

The conducting of surveys to identify water user premises where cross-connections are likely to occur.

The provisions of backflow protection by the water user at the user's connection or within the user's premises or both.

The provision of at least one person trained in cross-connection control to carry out the cross-connection program.

The establishment of a procedure or system for testing backflow preventers The maintenance of records of locations, tests, and repairs of backflow preventers.

The City's current ordinance is outdated and in need of several updates to comply with State current regulations. The updated ordinance being proposed contains links to State websites to make it easy for others to extract information. Providing a link, instead of a printed list, enables the user to always access the most current data relevant to their specific needs.

Fiscal Impact: The fiscal impact associated with the City's updated Control of Backflow and Cross-Connections Program should be minimal.

Prior Council/Board Actions: None
Attachments:

1. Current Title 13 - Public Utilities - Chapter 13.52 - Control of Backflow and Cross- Connections to the Municipal Water System

2. Amended Title 13 - Public Utilities - Chapter 13.52 - The Cross-Connection Control Program To Protect The Public Water System
Recommended motion to be made by Council/Board: I move to introduce and give first reading of Ordinance701 amending and restating Title 13, Chapter 13.52 of the City of Exeter Code of Ordinances, read by title only, and waiving further reading in full.

Chapter 13.52 - CONTROL OF BACKFLOW AND CROSS-CONNECTIONS TO THE MUNICIPAL WATER SYSTEM
Sections:

13.52.010 - Intent, purpose and control.

A. It is the intent of this chapter to recognize that there are varying degrees of hazard to the city's potable water system, and it is the intent to apply the principle that the degree of protection should be commensurate with the degree of hazard.

B. The purpose of this chapter is:

1. To protect the public potable water supply of the city from the possibility of contamination or pollution by isolating within its customer's internal distribution systems) such contaminants or pollutants which could backflow or back-siphon into the public water system; and

2. To promote the elimination and control of existing cross-connections, actual or potential, between its customer's in-plant potable water systems) and nonpotable water systems), plumbing fixtures and industrial piping systems; and

3. To provide for the continuing program of cross-connections control and certification training, which will effectively prevent the contamination or pollution of all potable water systems. (Ord. 496 §1 (part), 1989).

13.52.020 - Definitions.

For the purpose of this chapter, the following words and phrases shall be defined as set out in this section:

1. "Air gap (AG)" means that unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device, and the flood level rim of said vessel. An approved airgap is used at the service connection to prevent the contamination or pollution of a public potable water system. An emergency bypass shall be installed in the bypass system.

2. "Approved" means accepted by the director as meeting an applicable specification stated or cited in this chapter, and suitable for the proposed use.

3. "Approved atmospheric vacuum breaker (AVB) device" means an assembly of bronze body, poppet of molded plastic for use of cold water only. The device shall have one only upstream mainline resilient seat shutoff valve and the device shall be installed not less than six inches above the highest outlet on the line.

4. "Approved double check valve (DCV) assembly" means: An assembly of two wye pattern bronze or ductile iron body independently operating internally loaded approved check valves with tightly closing resilient seated gate valves or full port ball shutoff valve on each side of the check valves, plus four properly located ball valve test cocks for the testing of each check valve. These devices shall be installed a minimum of eighteen inches above ground, with twelve inches clearance on each side and accessible for inline maintenance and testing
"Approved double detector check valve assembly (DDC)" means an assembly of two wye pattern bodies independently operating internally spring-loaded center-stem guided-type check valves. All internal metals shall be of similar type. The body shall be of ductile iron, fifteen-twenty mills epoxy coated, internally width standard one hundred twenty pound flanges, two mainline resilient seat shutoff gate valves, four full-port ball valve test cocks. Bypass shall consist of one approved double check valve. Static pressure drop across the bypass double check valve assembly shall be of two p.s.i. less than the mainline check valve assembly.

6. "Approved pressure vacuum breaker (PVB) device" means an assembly consisting of an all-bronze body, canopy, air relief poppet, one internally spring-loaded check valve, two mainline resilient seat gate valves, or four port ball valves and two ball valve test cocks. The device shall be designed for continuous pressure usage, minimum head loss and be serviceable in-line. The device shall be installed not less than twelve inches above the highest piping or outlet downstream of the twelve-inch site clearance.

7. "Approved reduced pressure principle device" means an assembly of two wye pattern bronze or ductile iron body internally spring-loaded, center-stem guide, check valves. Internal parts shall be of stainless steel, body fifteen to twenty mills epoxy coated internally, with one differential diaphragm relief valve which shall automatically reduce the pressure in the zone between the two check valves. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than norma now, the pressure been the we freck yales at be at least l. upstream supply of pressure. In case of a leakage of either of the check valves, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. The device shall have two mainline shutoff resilient seat gate valves, or four ported ball valves and four ball valve test cocks. These devices shall be installed a minimum of eighteen inches above ground and with twelve inches side clearance.
"Auxiliary water supply" means any water supply on or available to the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, irrigation canal or pipeline, etc., or "used waters" or "industrial fluids." These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have controls.

9. "AWWA" means the American Water Works Association.

10. "Backflow" means a flow condition, induced by a differential in pressure, that causes the flow of water or other liquids into the distribution pipes of a public water supply from any source other than its intended source.

11. "Backflow preventer" means a device or a means designed to prevent backflow or back-siphonage.

12. "Back-pressure" means the resulting backflow of contamination, polluted or otherwise unacceptable quality water from a plumbing fixture or other customer source(s) into a public water supply system due to a greater pressure within the customer's water system. "Back-siphonage" means the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.

14. "Contamination" means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.

15. "Controlled cross-connection" means a connection between a potable water system and a nonpotable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.

16. "Cross-connection control by containment" means the installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically unfeasible to find and permanently eliminate or control all actual or potential cross- connections within the customer's water system; or, it shall mean the installation of an approved backflow prevention device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled at the point of cross-connection.

17. "Customer" means the water user served by the public water system.

18. "Customer's water system" means the piping used to convey water supplied by the public water system throughout the customer's facility.

19. "Director" means the director of the public works department of the city.

20. "Engineer" means the city engineer for the city.

21. "Fire marshall" means the fire chief of the city or the State Fire Marshall.

22. "Identification" means each assembly shall have the following information securely attached or embossed on each unit:
a. Manufacturer's name;
b. Size;
c. Model number;
d. Direction of flow, by arrow;
e. Device serial number;
f. Maximum working water pressure (NWWP);
g. Maximum working water temperature (MWWT).

23. "Installation" means each device shall be installed the minimum of eighteen inches above ground, with twelve inches site clearance from any structure and as close to the water purveyor's meter location as may be possible.

24. "Nonpotable water" means water which is not safe for human consumption or which is of questionable potability.

25. "Pollution" means the presence of any foreign substance (organic, inorganic or biological) in the water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.

26. "Potable water" means any water which, according to recognized standards, is safe for human consumption.

27. "Public water purveyor" or "municipal water system" means the city of Exeter public water system.

28. "Used water" means any water supplied by the water purveyor from a public potable water system to a customer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.

29. "Water service connection" means the terminal end of a service connection from the public potable water system; i.e., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device, located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
(Ord. 496 §1 (part), 1989).

13.52.030 - Degree of hazard-Definitions.
"Degree of hazard" means the evaluation of the potential risk to public health and the adverse effect of hazard upon the potable water system as defined in this section:

A. "Health hazard" means any condition, device or practice in the water supply system and its operation which could create a danger to the health and well-being of the water consumer.

B. "Plumbing hazard" means a cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or back-flow prevention device.

The term "plumbing hazard" includes but is not limited to cross-connections to toilets, sinks, lavatories, wash trays, washing machines or lawn sprinkling systems. Unprotected plumbing-type cross-connections shall be considered to be a health hazard.

C. "Pollution hazard" means an actual or potential threat to the physical properties of the water system or to the potability of the public or consumer's potable water system, but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to public health.

D. "System hazard" means an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted tracted effect on the quality of the potable water in the system.

E. "Industrial fluids system" means any system containing fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form of concentration such as would constitute a health, water system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may with toxic substances; contaminated natural waters such as from wells, springs, streams or irrigation canals; oils; gases; glycerin; caustic and other acid solutions which may be used for industrial and firefighting purposes.
(Ord. 496 §1 (part), 1989).

13.52.040 - Responsibility.

The director of public works shall be responsible for the protection of the public potable water system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection.

If, in the judgment of the director, an approved backflow prevention device is required at the city's water service connection to any customer's premises, for the safety of the water svstem. the director or his designated agent shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to his premises. The customer shall immediately install such approved device or devices at his own expense, and failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such devices have been properly installed. (Ord. 496 §1 (part), 1989).

13.52.050 - Requirements.

A. Water System.

1. The water system shall be considered as made up of two parts, the city system and the customer system.

2. The city system shall consist of the source facilities and the distribution system, and shall include all those facilities of the water system under complete control of the city, from the source of supply up to the point where the customer's system begins. The source shall include all components of the facilities utilized in the production, treatment, storage and the delivery of water to the distribution system.

3. The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.

4. The customer's system shall include those parts of the facilities beyond the termination of the city distribution system which are utilized in conveying city-delivered domestic water to point of use.

B. Policy.

1. No water service connection to any premises shall be installed or maintained by the city unless the water supply is protected as required by state laws and this chapter. Service of water to any premises shall be discontinued by the director if a backflow prevention device required by state law or this chapter is not installed, tested or maintained, or if it is found that a backflow prevention device has been removed, bypassed or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

2. The customer's system shall be open for inspection at all reasonable times to authorized representatives of the city's public works department, city building inspector and city fire marshal to determine whether cross-connections or other structural or sanitary hazards, including violations of this chapter, exist. When such a condition becomes known, the director shall deny or immediately discontinue service to their premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with state and city regulations relating to plumbing and water supplies and the regulations adopted pursuant thereto.

3. An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or immediately outside the building being served; but in all cases before the first branch line leading off the service line. (Ord. 496 §1 (part), 1989).

13.52.060 - Type of protective device required.

A. In the case of any premises where there is an auxiliary water supply which is not otherwise subject to the provisions of this chapter, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced-pressure principle backflow prevention device (RPP).

B. In the case of any premises where there is any water or substance that would be objectionable but not hazardous to public health if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly (DCV).

C. In the case of any premises where there is any material dangerous to health, which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced-pressure principle backflow prevention device (RPP), i.e., sewage treatment plants, pumping stations, chemical plants, hospitals and mortuaries.

D. In the case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced-pressure principle backflow prevention device (RPP) at the service connection.

E. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impracticable to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of an approved backflow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air-gap (AG) separation or a reduced pressure principle (BPP) back-flow prevention device shall be installed in each service to the premises.

In the case of premises having any internal cross-connection that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements, or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved air-gap (AG) separation or reduced-pressure principle (RPP) backflow prevention device in the service line. (Ord. 496 81 (part), 1989).

13.52.070 - Specific types required.

Uses, and other uses as designated by the director, shall be required to install a backflow prevention device of the type indicated as a minimum, as follows:

1. Air conditioning plants (commercial A.C. equipment) RPP

2. Animal Clinics, animal grooming shops and boarding RPP

3. Apartment or office complex with pond, lake or fountain RPP

4. Apartments with laundromats/laundry rooms DCV

5. Automatic or manual irrigation systems, commercial or private DCV

6. Automobile repair with steam cleaner, acid cleaning or solvent equipment RPP

7. Auxiliary water system not inter-connected DCV

8. Auxiliary water system or sources interconnected (well, irrigation canal, etc.) RPP

9. Bakeries RPP

10. Barber shops, beauty shops or salons DCV RPP

11. Bars or cocktail lounges DCV RPP

12. Bottling plants, beverage or chemical RPP

13. Building, two stories and higher RPP

14. Buildings with booster pumps, boilers and cooling towers RPP

15. Buildings with sewage ejectors AG

16. Canneries, packinghouses or reduction plants RPP

17. Car washes RPP

18. Chemical processing or storage facilities RPP

19. Chemically treated (nonpotable) water systems RPP

20. Chemically treated (potable) water systems DCV

21. Churches with batismal pools RPP

22. Cleaning and dye plants RPP

23. Cold storage and ice manufacturing plants RPP

24. Commercial meat cutting, packaging and cold storage lockers RPP

25. Concrete plant DCV RPP

26. Convalescent homes and clinics DCV RPP

27. Convenience markets DCV RPP

28. Dairies DCV RPP

29. Dental offices RPP

30. Dialysis clinics, experimental labs RPP

31. Fabricating plants (plastic and fiberglass) RPP

32. Fire protection systems, classes 1 and 2 DDC

33. Fire protection systems, class 3 DDC

34. Fire protection systems, class 4 RPP DDC

35. Fire protection systems, class 5 RPP

36. Fire protection systems, class 6 (determination by director and fire chief)

37. Food processing facilities using non-toxic materials DCV RPP

38. Food processing facilities using toxic materials RPP

39. Frozen food processing plant RPP

40. Garden centers and nurseries RPP

41. Gas service stations DCV RPP

42. Health spas RPP

43. Hospitals RPP

44. Laboratories RPP

45. Landscaping with elevated areas or with drip irrigation RPP

46. Laundries, commercial RPP

47. Laundromats RPP

48. Machine shops RPP

49. Manufacturing, processing and fabrication facilities, nontoxic DCV

50. Manufacturing, processing and fabrication facilities, toxic materials RPP

51. Medical offices RPP

52. Metal stripping facilities RPP

53. Mobile home parks DCV RPP

54. Mobile services (pest control, drain cleaning, steam cleaning, rug cleaning) RPP

55. Mortuaries and morgues RPP

56. Offices or shopping centers with uncommitted lease spaces RPP

57. Oil and gas bulk or production facilities DCV RPP

58. Painting shops using water in any process RPP

59. Paper processing and production facilities RPP

60. Pest control business RPP

61. Photography studios with processing equipment RPP

62. Planting works RPP
DCV AG

63. Portable insecticide and herbicide spray tanks (filling from hydrants) RPP

64. Radiator shops, repair or backflushing RPP

65. Reduction and rendering meat processing plants RPP

66. Rest homes, ground floor only DCV

67. Rest homes, multistory RPP

68. Restaurants (or buildings with commercial kitchen one hundred eighty degree water, RPP commercial dishwasher)

69. Schools with kitchens, chemistry labs, boilers and irrigation systems RPP

70. Sewage and stormwater pumping facilities RPP AG

71. Swimming pools RPP PVB

72. Tank trucks filling from fire hydrants DCV

73. Temporary construction water DCV
(Ord. 496 §1 (part), 1989).

13.52.080 - Fire system backflow-Protection requirements.

Following are the minimum backflow devices required to those satisfy containment requirements and shall apply to those fire protection systems connected to the public water system (AWWA M-14 and NFPA).

The director may require additional protection for the public water system if he deems it necessary due to potential contamination.

A. Class I: Direct connection from public water mains only; no pumps, tanks, or reservoirs; no physical connection from other water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.

Class Il: Same as Class 1, except that booster pumps may be installed in the connections from the street mains (booster pumps do not affect the potability of the system; it is necessary, however, to avoid drafting so much water that pressure in the water main is reduced below twenty C. Device-Class I and Class Il: Approved double detector check valve (DDC) installed between the post indicator valve and the on-site fire system. The check valve shall be installed aboveground to allow a minimum of eighteen inches clearance around the valve. Check valve shall be flanged or have victaulic ends.

D. Class Ill: Direct connection from public water supply main plus one or more of the following:
elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks (all storage facilities are filled or connected to public water only; the water in the tanks to be maintained in a potable condition).

Device-Class Ill: Approved double check valve (DDC) installed as outlined in class I and class F. Class IV: Directly supplied from public mains similar to classes | and Il, and with an auxiliary water supply on or available to the premises; or an auxiliary supply located within one thousand five hundred feet of the pumper connection.

G. Device-Class IV: Reduced-pressure principle device (RPP) or double check valve (DDC); the valve shall be above-ground installation and as near the public water system as possible.

H. Class V: Directly supplied from public mains, and interconnected with auxiliary supplies, such as:
pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; wells, mills or other industrial water systems; or where antifreeze or other additives are used.

1. Device-Class V: Reduced-pressure principle device (RPP) installed above ground and as near public water system as possible.

J. Class VI: Combined industrial and fire protection systems supplied from the public water mains only with or without gravity storage or pump suction tanks.

K. Device-Class VI: Protection device would be determined after fire marshal and director had made a complete survey of the fire protection requirements of the premises. (Ord. 496 §1 (part), 1989).

13.52.090 - Water shutoff conditions.

When water users are found that pose a clear and immediate hazard to the potable water supply and these hazards cannot be immediately abated, the shutoff procedures should be initiated. Conditions requiring water shutoff shall include, but not be limited to the following:

A. Refusal to test backflow prevention device;
B. Refusal to repair or replace faulty backflow prevention device; C. Direct or indirect connection between a potable water system and a sewer system; D. Unprotected direct or indirect connection between a potable water system and a system or equipment containing toxic chemicals or sewage;
E. Unprotected direct or indirect connection between potable water system and auxiliary water system;
Unprotected direct connection between potable water system and nonpotable nonpressure system;
G. Refusals to correct violations.
(Ord. 496 81 (part), 1989).

13.52.100 - Prevention device certification of approval.

A. Any backflow prevention device required in this chapter shall be of a model and size approved by the director. The term "approved backflow prevention device" means a device that has been manufactured in full conformance with the standards established by the American Water Works Association AWWA) entitled "AWWA C506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices" and have met completely the laboratory and field performance specifications of the Foundation of Cross-connection Control and Hydraulic Research of University of Southern California established by "Specifications of Back-flow Prevention Devices - No. 69-2" dated March, 1969, or the most current issue.

B. The AWWA and FCCC & HR standards and specifications have been adopted by the director. Final approval of any device or system proposed for installation under the terms of this chapter shall be evidenced by a "certificate of approval" issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCC & HR specifications. The following testing laboratory has been qualified by the director to test and certify backflow preventers:

Foundation for Cross-connection Control
& Hydraulic Research
University of Southern California
University Park
Los Angeles, California 90007
C. Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the director. Backflow preventers which may be subject to back pressure or back- Siphonage that have been fully tested and have been granted a certificate of approval by the qualified laboratory and are listed on the laboratory's current list of "approved devices" may be used without further test or qualifications.
(Ord. 496 §1 (part), 1989).

13.52.110 - Application to install prevention devices.

Prior to the installation of any backflow prevention device between the public water system and the owner's facility, the owner or contractor shall have application and receive approval from the director.

Application forms are available from the public works department and the building and planning department.
(Ord. 496 §1 (part), 1989).

13.52.120 - Device inspection.

It shall be the duty of the director at any premises where backflow prevention devices are installed to have a certified inspection or operational test made at least once per year. In those instances where the director deems the hazard to be great enough he may require certified inspections at more frequent intervals. These inspections and tests may be at the expense of the water user and shall be performed by the device manutacturer's representative, city water service department certified personnel or by a certified tester approved by the director. It shall be the duty of the director to see that these timely tests are made. The customer user shall be notified by the director in advance when the tests are to be undertaken so that he or his representative may witness the tests if it is so desired. Those devices found to be defective shall be repaired, overhauled or replaced at the expense of the customer user. Records of such tests, repairs and overhaul shall be kept by the city. (Ord. 496 81 (part), 1989).

13.52.130 - Qualification and certification of person to inspect and maintain backflow prevention devices.

A. No person shall be qualified to inspect and maintain backflow prevention devices unless his qualifications have been established by AWWA and to the satisfaction of the director as hereinafter required. To determine the qualifications of any person to inspect and maintain backflow prevention devices, the director shall have the authority to conduct additional examinations as he may deem necessary. Upon successful completion of such examination and such training as the director shall prescribe, that person must receive a "certificate of competence" from the AWWA verifying he is qualified to inspect, test and maintain backflow prevention devices. Every person, after receiving a "certificate of competence" shall be issued such identification as the director shall deem appropriate, and such identification shall be kept in the immediate possession of every person holding a "certificate of competence" while said person is inspecting or maintaining any backflow prevention devices in the city.

B. Every person holding a "certificate of competence" issued under the provisions of this chapter shall be required to renew the certificate every three years. Reexamination may be waived at the discretion of the director.

C. Every person receiving a "certificate of competence" under the provisions of this chapter shall be responsible for the competency and accuracy of all inspections and maintenance performed by him on any backflow prevention device.

D. Any person issued a "certificate of competence" who violates or fails to comply with any of the provisions of this chapter or willingly falsifies inspection or maintenance reports submitted to the director shall not be considered for recertification for a period of two years. (Ord. 496 §1 (part), 1989).

13.52.140 - Violation-Penalty.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating and causing the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as set out in Section 1.12.020 of this code. (Ord. 496 §1 (part), 1989).

ORDINANCE 701

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
EXETER AMENDING CHAPTER 13.52 SECTIONS 13.52.010
THROUGH 13.52.090 OF THE EXETER CODE OF

ORDINANCES (MUNICIPAL CODE) REVISING THE CROSS-

CONNECTION CONTROL PROGRAM TO PROTECT THE

PUBLIC WATER SYSTEM
WHEREAS, cross-connections are actual and potential unprotected connections between a potable water system and any source or system containing unapproved water or a substance which is not safe; and
WHEREAS, the City Council of the City of Exeter desires to update its cross-connection control program regulations to ensure compliance with applicable State law and ease of reference for its community members;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER DOES ORDAIN, AS FOLLOWS:

SECTION 1: Chapter 13.52, Sections 13.52.010 through 13.52.140 are repealed in their entirety and replaced with the following:

13.52.010 - PURPOSE
The purpose of this ordinance is to protect the public water supply system from contamination due to potential and actual cross-connections. This shall be accomplished by the establishment of a cross-connection control program as required by State regulations. This ordinance is adopted pursuant to Title 17, Section 7583 - 7605, inclusive, of the California Code of Regulations, entitled "Regulations Relating to Cross-Connections"

13.52.020 - RESPONSIBILITY
The Public Works Director shall be responsible for implementing and enforcing the City's cross-connection control program. An appropriate backflow prevention assembly as further set forth in this Chapter and approved by the City shall be installed by and at the expense of the water user at each user connection where required to prevent backflow from the water user's premises to the domestic water system. It shall be the water user's responsibility to comply with the City of Exeter's requirements. Refusal or inability on the part of the customer to install the proper device or devices will immediately constitute grounds for discontinuing water service to the premises until the appropriate devices have been properly installed.

13.52.030 - CROSS-CONNECTION PROTECTION REQUIREMENTS
The type of protection that shall be provided to prevent backflow into the public water supply system shall be commensurate with the degree of hazard, actual or potential, that exists on the water user's premises. Unprotected cross- connections with the public water supply are prohibited. The type of backflow prevention assembly that may be required (listed in decreasing level of protection) includes: Air-gap separation (AG), Reduced Pressure Principal Backflow Prevention Assembly (RP), and Double Check Valve Assembly (DC). The water user may choose a higher level of protection than required by the water supplier. The minimum types of backflow prevention required to protect the approved water supply at the user's water connection to premises with varying degrees of hazard are listed in Table 1 of Section 7604, Title 17. California Drinking Water-Related Laws | California State Water Resources Control Board California Drinking Water-Related Laws | California State Water Resources Control Board Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow prevention shall be determined by the water supplier or health agency. 13.52.040 - BACKFLOW PREVENTION ASSEMBLIES
A. The device type required will be determined by the USC Foundation for Cross-Connection Control Guidelines or the City of Exeter Public Works Director. Only backflow prevention assemblies which have been approved by the USC Foundation for Cross-Connection and Hydraulic Research shall be acceptable for installation by a water user. A list of approved backflow prevention assemblies is available at USC Foundation for Cross-Connection Control and Hydraulic Research: List of Approved Backflow Prevention Assemblies. Backflow prevention assemblies shall be installed in a manner prescribed in Section 7603, Title 17. Location of the assemblies shall be as close as practical to the user's connection. The City of Exeter shall have the final authority in determining the required location of the backflow prevention assembly.

B. Testing of backflow assemblies shall be conducted only by qualified testers and testing will be the responsibility of the water user. A list of approved testers is available from the American Water Works Association ("AWWA") by calling 909-481-7200 and the American Backflow Prevention Associations ("ABPA) at http://www.abpa.org/. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair.

More frequent testing may be required if deemed necessary by the City of Exeter. No assembly shall be placed back in service unless it is functioning as required. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. Approval must be obtained from the City of Exeter prior to removing, relocating or replacing a backflow prevention assembly.

13.52.050 - FIRE PROTECTION SYSTEMS
A. All fire protection services must include a USC Foundation for Cross- Connection Control approved backflow prevention device installed in a location approved by the Public Works Director. Only devices on the USC list of - 2-
approved devices may be used. A DDA, DCDAII, RPDA, and RPDAII are recommended but other USC approved devices may be considered. The device type required will be determined by the level of potential hazard.

B. A backflow prevention assembly is not necessary for a low hazard cross- connection residential protection system if the following criteria are satisfied:

1. If the fire protection system is designed and operated such that:
a.. the user premises has only one service connection to the PWS; b. a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire 20 protection system flow, such that the fre protection system may be isolated from the rest of the user premises; c. a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; d. the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and
e. the fire protection system's piping is looped within the structure and is connected to one routinely used fixture (such as a water closet) to prevent stagnant water; and

2. The backflow prevention assembly would cause a pressure loss in the user premises that would result in inadequate functioning of the fire protection system that cannot be reasonably remedied.

13.52.060 - APPLICABILITY AND PROPERTY INSPECTIONS
A. This Chapter applies to new and existing domestic and fire protection services.

B. If ownership or occupancy of a property changes, said property is subject to inspection by a Cross-Connection Control Specialist. If said inspection results in discovery of an imminent or potential hazard, a backflow prevention device must be installed. The device type will be determined by the Specialist and the Public Works Director.

13.52.070 - ADMINISTRATION
The cross-connection control program shall be administered by the Public Works Director. Unless otherwise approved in advance by the Public Works Director, refer to the data in Section 13.52.050 above for a list of approved backflow prevention assemblies, as well as a list of approved backflow prevention assembly testers. Water user premise inspections as performed by a cross- connection specialist, to evaluate the degree of potential hazard, must be reviewed by the City prior to recommending corrective action. The City of Exeter shall notify users when an assembly needs to be tested. The notice shall contain the date when the test must be completed.
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13.52.080 - WATER SERVICE TERMINATION
A. When the City of Exeter encounters water use that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the procedure for terminating water service shall be instituted.

B. Conditions of water use that create a basis for water service termination shall include, but are not limited to, the following:

1. Refusal to install or to test a backflow prevention assembly, or to repairor replace a faulty backflow prevention assembly.

2. Direct or indirect connection between the public water system and a sewer line.

3. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.

4. Unprotected direct or indirect connection between the public water system and an auxiliary water system.

5. Any condition or situation that has the potential for placing the safety of the water supply at risk as determined by the cross-connection control specialist or the Public Works Director.

C. For condition B.1 above, the City of Exeter will terminate service to a water user's premises after proper notification has been sent. If no action is taken within the allowed time period, water service shall be terminated.

D. For conditions B.2, B.3, B.4, or B.5, the City of Exeter shall take the following steps:

1. Make reasonable effort to advise the water user of intent to terminate water service;

2. Terminate water service and lock service valve. The water service shall remain inactive until correction of violations have been approved by the City of Exeter.

13.52.090 - VIOLATIONS / PENALTY
A. Enforcement Objectives. It is one of the objectives of the City council that the citizens of Exeter are encouraged to voluntarily comply with the provisions of this chapter. In furtherance of said objective, the enforcement of this chapter may permit the issuance of a first warning of violation of this chapter, by way of a written courtesy notice of violation to the water user, before the issuance of a citation for further violations.

B. Notwithstanding the foregoing, any person violating any provision of this chapter shall be deemed guilty of an infraction which shall be punishable by a fine of up to one hundred dollars for the first infraction, two hundred dollars for the second infraction and five hundred dollars for the third and each subsequent infraction.

Each day that a violation continues shall be regarded as a new and separate offense, except where the infraction cannot be immediately remedied by shutting off the - 4-
source, in which case not more than forty-eight hours will be allowed to correct the problem. Beyond that, each new day will constitute a new and separate offense.

C. Notwithstanding the preceding subsections, the City of Exeter may enforce violations of this Chapter utilizing any available remedies provided for in its Code or Ordinances, including but not limited to the remedies afforded the City in Chapters 1.12 and 1.13.

SECTION 2: If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 3: This Ordinance shall be in full force and effective thirty (30) days after its final adoption by the City Council. The City Clerk shall cause this ordinance, or a summary thereof, to be published in accordance with applicable law.

The foregoing ordinance was passed and adopted by the City Council of the City of Exeter on a motion of Council Member and seconded by Council Member at a regular meeting held on , 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
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ORDINANCE 699

AN ORDINANCE OF THE CITY OF EXETER, STATE OF CALIFORNIA, REPEALING AND REPLACING CHAPTER 8.16 OF TITLE 8 OF THE CITY OF EXETER

CODE OF ORDINANCES
The City Council of the City of Exeter does ordain as follows:

SECTION 1. Chapter 8.16 of Title 8 of the City of Exeter Code of Ordinances is hereby repealed in its entirety and replaced with the following:

TITLE 8

HEALTH AND SAFETY
CHAPTER 8.16

SOLID WASTE
SECTION:

8.16.010: Definitions

8.16.015: Mandatory Service

8.16.020: Rates For Collection

8.16.025: Regulations

8.16.030: Residential Organic Waste Generators

8.16.035: Commercial Organic Waste Generators

8.16.040: De Minimis Waivers

8.16.045: Requirements For Hauler And Facility Operators

8.16.050: Commercial Edible Food Generators

8.16.055: Requirements For Food Recovery Organizations And Services

8.16.060: Self-Hauler Requirements

8.16.065: Inspections And Investigations By City

8.16.070: Enforcement

8.16.010: DEFINITIONS:

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

BLUE CONTAINER: Has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
1 CALRECYCLE: California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).

CALIFORNIA CODE OF REGULATIONS or CCR: The State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

CITY: City of Exeter.

COMMERCIAL BUSINESS or COMMERCIAL: A firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance._ COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

COMPLIANCE REVIEW: A review of records by a Jurisdiction to determine compliance with this ordinance.

COMPOST: Has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER: A container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

C&D: Construction and demolition debris.

DESIGNEE: An entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

EDIBLE FOOD: Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. 2 Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

ENFORCEMENT ACTION: An action of the Jurisdiction to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

EXCLUDED WASTE: Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, household hazardous waste, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operators), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

FOOD FACILITY: Has the same meaning as in Section 113789 of the Health and Safety Code.

FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
3 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.

FOOD RECOVERY SERVICE: A person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

FOOD SCRAPS: All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

FOOD SERVICE PROVIDER: An entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a) (27).

FOOD-SOILED PAPER: Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

FOOD WASTE: Food Scraps and Food-Soiled Paper.

GRAY CONTAINER:

Has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

GRAY CONTAINER WASTE: Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

GREEN CONTAINER: Has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

GROCERY STORE: A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

HAULER ROUTE: The designated itinerary or sequence of stops for each segment of the Jurisdiction's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). 4 HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY: A facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

INSPECTION: A site visit where a Jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).

JURISDICTION: City of Exeter.

JURISDICTION AUTHORITY: The City Administrator, Public Works Director, Code Enforcement Officer, or other executive in charge or their authorized Designee(s) who is/are partially or wholly responsible for enforcing the ordinance.

LARGE EVENT: An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

LARGE VENUE: A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.

LOCAL EDUCATION AGENCY: A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
5 MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY: Of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

MWELO: The Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

NON-COMPOSTABLE PAPER: Includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

NON-LOCAL ENTITY: Entities that are not subject to the Jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

NON-ORGANIC RECYCLABLES: Non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

NOTICE OF VIOLATION (NOV): A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

ORGANIC WASTE: Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

ORGANIC WASTE GENERATOR: A person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

PAPER PRODUCTS:

Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

PRINTING AND WRITING PAPERS: Include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
6 PROHIBITED CONTAINER CONTAMINANTS:
(1) Three-container or three-plus-container collection service (Blue Container, Green Container, and Gray Containers): "Prohibited Container Contaminants: means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.

RECOVERED ORGANIC WASTE PRODUCTS: Products made from California, landfill- diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

RECOVERY: Any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

RECYCLED-CONTENT PAPER: Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61)
REGIONAL AGENCY:

Regional agency as defined in Public Resources Code Section 40181.

REGIONAL OR COUNTY AGENCY PUBLIC WORKS DIRECTOR:

A regional or county agency Public Works Director, designated by the Jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Public Works Director.

REMOTE MONITORING: The use of the internet and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

RENEWABLE GAS: Gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

RESTAURANT: An establishment primarily engaged in the retail sale of food and drinks for on- premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). 7 ROUTE REVIEW: A visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

SB 1383: Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 REGULATIONS or SB 1383 REGULATORY: The Short-Lived Climate Pollutants:

Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

SELF-HAULER: A person, who hauls Solid Waste, Organic Waste, or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

SINGLE-FAMILY: Of, from, or pertaining to any residential premises with fewer than five (5) units.

SOLID WASTE: Has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code.

Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

SOURCE SEPARATED: Materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the 8 purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE: Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Recyclable Materials, carpets, Non-Compostable Paper, and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS: Source Separated Non-Organic Recyclables.

STATE: The State of California.

SUPERMARKET: A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR: A Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR: A Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
9 (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

WHOLESALE FOOD VENDOR: A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). (Ord. 2021-003, 9-28-2021)

8.16.015: MANDATORY SERVICE:

A. It shall be mandatory for every occupied property within the city to receive solid waste disposal service provided by the city or the city's authorized contractor B. The accumulation, collection, removal of solid waste shall be controlled by the city for the protection of the public health, safety, and welfare and to contribute toward the diminution of air pollution in the city. The city council finds that to give practical effect, a comprehensive system for the periodic collection, removal and disposal of refuse from all premises in the city is essential and benefits all occupants of premises in the city, and therefore, all such occupants are made liable for refuse collection requirements and charges established by the city council for the collection and disposal of solid waste, and each person occupying, owning, controlling and maintaining any premises in the city shall pay at least the minimum rate established for service, regardless of amounts or types of waste generated. Containers shall be removed from curbside not later than six-thirty p.m. of the day of the scheduled pickup.

C. All solid waste disposal services shall be provided by the city's contracted hauler except as follows:

1. Solid waste disposal of construction and demolition debris may be collected and removed from premises within the city by self-haulers authorized and licensed by the city. Yard waste may be collected and transported to an authorized recycling facility by landscapers permitted and licensed by the city.

2. The public works department may establish operating rules and reporting requirements for all haulers authorized by this section. (Ord. 2021-003, 9-28-2021)

8.16.020: RATES FOR COLLECTION:

A. Establishment Of Rates: For the service of collecting and disposal of regular garbage and yard waste as herein referred to, but not including dead animals or refuse from the construction or demolition or alteration of buildings, the rates to be charged by the city or any contractor to whom a contract is awarded by the city for such purpose are and shall be established or revised by resolution of the city council.

B. Prorating Charges For Disposal Service: The monthly rate shall be charged against any and all property or premises as specified in this chapter until the Utility Billing department has been 10 notified by the owner or occupant to terminate disposal service. Charges for any fractional part of a month may be prorated using policies adopted by the Utility Billing department.

C. Fees; Due Dates; Billing: All fees provided for in this chapter shall be due and payable concurrently with sewer service charges and water charges. Bills for the removal of regular garbage and yard waste shall be rendered at least once a month, and the whole thereof shall be payable as provided in the laws regulating the collection of utility fees in the city. When such bills are not paid, they shall become delinquent after the fifteenth day of the month in which event the solid waste service provided for by this chapter may be subject to immediate discontinuance without further notice. In addition, thereto, the city may sue in the civil courts for the collections of such fees. (Ord. 94-020, 9-27-1994; amd. Ord. 2019-009, 12-10-2019; Ord. 21- 003, 9-28-2021)

8.16.025: REGULATIONS:

A. It is unlawful for any person to throw or deposit, or cause to be thrown or deposited, any rubbish or waste matter, as the terms are defined by this chapter, in a container belonging to another resident or business, in or upon any vacant lot, or on or upon any street, alley, gutter, highway, park or other public place in the city, or to deposit or place or keep any rubbish or waste matter except in the manner prescribed in this chapter.

B. Scavenging: It shall be unlawful for any person other than the franchise hauler or other authorized person(s) to remove from any curb, alley, street, designated pick-up location, or any storage area or container, any separated salvageable commodity. It shall also be unlawful for any person to disturb or tamper with any container, bin, or container containing salvageable material, or the contents thereof, or to remove any such container, bin, or container from the location where the same was placed by the owner of said container or bin.

C. It is unlawful for any person to bury refuse at any place within the city or to keep, place or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied, or under the possession and control of such person; provided, however, that lawn and garden trimmings may be composted
D. It is unlawful to deposit or use refuse for lot filling or leveling purposes.

E. No person shall burn any solid waste, hazardous waste, or infectious waste within the City without having obtained a written permit to do so from the City and the San Joaquin Valley Air Pollution Control District. It shall be unlawful for any person to place live or hot coals or ashes or other burning matter in any solid waste container set out for collection.

F. It is unlawful for any person, firm or corporation to permit any manure to accumulate on premises under his or its control, in such manner or to such extent, as to give rise to fly- breeding conditions or to objectionable odors upon any public highway, street, or alley or upon any premises within the city.

G. It shall be unlawful and a public nuisance for any person to keep, maintain or handle garbage or garbage containers in such manner as to be offensive or odoriferous or to be a producer of vermin.
11 H. Special arrangements must be made and permits issued by the county, State of California, and federal agencies for the disposal of any of the following items: Ammunition; explosives; industrial waste; chemicals; infectious, hazardous and radioactive waste; acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps.

For any type of solid waste collection in the City, it is unlawful for any person to use the services offered by a person, service, or enterprise that has not obtained all the required permits or agreements from the City pursuant to this chapter.

It is unlawful for any person, contractor, or solid waste enterprise to place solid waste collection containers on public property without the appropriate City permit or agreement.

For the first violation of this subsection, the City may impound containers) of non- permitted persons, contractors, or solid waste enterprises forty-eight (48) hours after such container(s) are observed by the City or the City's agent. For the second violation of this subsection, the City may impound containers of non-permitted persons, contractors or solid waste enterprises previously noticed or impounded twenty-four (24) hours after such container(s) are observed the City or the City's agent. Any subsequent violations may be subject to immediate confiscation. (Ord. 2021-003, 9-28-2021)

8.16.030: RESIDENTIAL ORGANIC WASTE GENERATORS:

Generators that are persons residing in single-family homes or multi-family properties of 4 units or less are considered Residential Organic Waste Generators for the purposes of this chapter.

Residential Organic Waste Generators shall comply with the following requirements:

A. Subscribe to Organic Waste collection services provided through the City of Exeter's franchised hauler.

B. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste and/or managing Organic Waste on site pursuant to 14 CCR Section 18984.9(c).

C. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

8.16.035: COMMERCIAL ORGANIC WASTE GENERATORS:

Generators that are Commercial Businesses, including Multi-Family properties of five (5) units or more, must arrange for the recurring collection and recycling of solid waste as follows:

A. Subscribe to collection services provided by a City franchisee. City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City. 12 B. Participate in Organic Waste, Non-Organic recyclables, and/or other solid waste collection services provided by franchisee in order to comply with State law. Participation includes placing designated materials in designated containers. Commercial businesses not subscribing to such service with a franchisee, shall make available to the City: (1) acceptable proof that a recycling program and/or organic waste recycling program is in place; (2) that programs) includes all materials that require diversion under State law; and (3) that the Generator provides the City with the program provider's name, contact information, and the volume or weight of recyclable organic and or non-organic materials collected on a quarterly or annual basis, in the form and format required by the City.

C. Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors to conform to the collection programs subscribed to through the franchisee or otherwise.

D. Commercial Businesses, excluding Multi-Family dwellings, shall provide containers for the collection of organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by the franchisee; or

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. Commercial Businesses, excluding Multi-Family dwellings, shall, to the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the franchisee's collection service.

F. Commercial Businesses, excluding Multi-Family dwellings, shall periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

G. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of discarded materials.

H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to place designated materials in designated containers, the location of designated containers, and the associated rules governing their use at each property.

I. Provide or arrange access for City or its agent to their properties during all inspections required to confirm compliance with the requirements of this ordinance.

J. If a Commercial Business wants to self-haul, it must meet the Self-Hauler requirements in Section 4-1-11 of this ordinance.
13 K. Nothing in this chapter prohibits a generator from preventing or reducing waste generation and/or managing Organic Waste on site pursuant to 14 CCR Section 18984.9(c).

L. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4-1-9.

M. On or atter September 15, 2020, a business that generates two (2) cubic yards or more per week of commercial solid waste, as defined in Public Resources Code section 42649.1, per week, shall arrange for recycling services specifically for organic waste.

N. Commercial Businesses, including Multi-Family dwellings, that subscribe to landscaper services shall provide to the City all information required to determine if these collections satisfy SB 1383 requirements, in the form and format required by the City.

O. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.

8.16.040: DE MINIMIS WAIVERS:

Waivers for physical de minimis volumes, physical space limitations, and/or collection frequency may be granted by the City if the following conditions are met:

A. De Minimis Waivers may be granted to a Commercial Business, at the City's sole discretion. Such action would waive some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application or complete a City-provided form specifying the services that they are requesting a waiver from.

2. Provide documentation that either:
a. The Commercial Business' total Solid Waste Collection service is two cubic yards or more per week and Organic waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the businesses total waste; or, b. The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green or Blue Container comprises less than 10 gallons per week per applicable container of the business' total waste. c. Notify City if circumstances change such that Commercial Business' Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded d. Provide written verification of eligibility for de minimis waiver every 5 years if City has approved de minimis waiver.

B. Physical Space Waivers may be provided to waive a Commercial Business' or property owner's obligations (including Multi-Family dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter. A Commercial Business or property owner may request a physical space waiver through the following process:
14 1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to City that it is still eligible for physical space waiver every five years, if the City has approved the application for a physical space waiver.

8.16.045: REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS:

A. Franchised haulers authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit conditions and/or franchise agreement.

B. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

8.16.050: COMMERCIAL EDIBLE FOOD GENERATORS:

Requirements for Commercial Edible Food Generators:

A. Tier One Commercial Edible Food Generators must comply with the requirements of this chapter commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow Jurisdiction's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). 15 b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(1) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(2) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(3) The established frequency that food will be collected or self-hauled. (4) The quantity of food, measured in pounds recovered per month, collected or self- hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

6. No later than February 1st of each year commencing no later than calendar year 2022 for Tier One Commercial Edible Food Generators and calendar year 2024 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City in the form and format established by the Public Works Director.

D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.16.055: REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES:

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
16 3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1 of the following year.

D. Food Recovery Capacity Planning:

1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County or City, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the Jurisdiction.

8.16.060: SELF-HAULER REQUIREMENTS:

A. Self-Haulers shall source separate all recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

D. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected to the City if requested
E. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information to the City.
17 8.16.065: INSPECTIONS AND INVESTIGATIONS BY CITY:

A. City representatives and/or its designated entity are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section itself does not allow City staff or the City's designated officials to enter the interior of a private residential property for inspection unless otherwise authorized to do so. For the purposes of inspecting Commercial Business containers for compliance with this section, the City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to this section.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of Remote Monitoring equipment; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in Civil citations and any of the other penalties included in this Chapter.

C. Any records obtained by the City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.16.070: ENFORCEMENT:

A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Public Works Director, City Code Enforcement Officer, or representative. Enforcement Actions under this chapter include but are not limited to issuance of a civil citation and assessment of a fine pursuant to Title 1 Chapter 1.13 of the Exeter Municipal Code. Any violation of this chapter may also be enforced pursuant to any other remedy authorized by law or in equity.

1. Responsible Entity for Enforcement:
a. Enforcement pursuant to this ordinance may be undertaken by the City Public Works Director, City Code Enforcement Officer, or a County Agency Public Official, if so designated. 18 b. City Public Works Director will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
c. City Public Works Director may issue Notices of Violation(s).

B. Process for Enforcement.

1. City Public Works Director and/or Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 4-1-13 establishes City's right to conduct Inspections and investigations.

2. City may issue an official notification to notify regulated entities of its obligations under the ordinance.

3. City may issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties, via an Civil citation and fine as set forth herein.
a. Civil Penalty Amounts for Types of Violations. The amount of civil penalties for each volition a shall be as adopted by resolution of the City Council that is consistent with the applicable requirements prescribed in Government Code Sections 53069.4, 25132, and 36900.

C. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

D. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and if necessary, take Enforcement Action consistent with violations of the City of Exeter Municipal Code. At the discretion of the Public Works Director, the City may also use the other remedies available within the Exeter Municipal Code.

E. Compliance Deadline Extension Considerations. The Jurisdiction may extend the compliance deadlines set forth in this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
19 SECTION 2: This Ordinance shall be in full force and effect thirty (30) days from and after its passage, adoption, and approval.

The foregoing ordinance was passed and adopted by the City Council of the City of Exeter on a motion of Council Member _and seconded by Council Member _ at a regular meeting held on , 2021 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor Barbara Sally
ATTEST:

City Clerk
20 City of Exeter
Agenda Item Transmittal
Meeting Date: February 22, 2022
For action by:

Agenda Item Number: F4 X City Council
Regular Session:

Wording for Agenda: Accept a Notice of Completion for the . Consent Calendar construction contract for the Visalia Road Improvement Project, with _ Regular Item Yarbs Grading & Paving, of Fresno, CA, and authorize the City Public Hearing Engineer to sign the Notice of Completion, and the City Clerk to file the notice with the County Recorder's Office. Review:

City Administrator
Submitting Department: Public Works (Initials Required) Contact Name: Daymon Qualls
Phone Number: 559.592.3318 SIBE
Email: [email protected]
Department Recommendation:

Staff recommends that Council accepts this item as presented.

Summary/Background:

At its regularly scheduled meeting of September 8, 2020, the Council awarded a construction contract to Yarbs Grading & Paving, of Fresno, CA in the amount of $4, 109,961.00, authorized the appropriation of an additional $116,700 from the Measure R Fund (131), appropriated $170,000 from the Sewer Fund (107), and authorized execution of an updated Measure R Supplemental Agreement with Tulare County Transportation Authority for approximately $6.5 million of Measure R Regional Funds for construction of the Visalia Road Improvements Project.

At the same meeting, Council awarded and authorized the City Administrator to negotiate and execute a contract with 4 Creeks of Visalia, CA in the amount of $589,479 for Construction Management/Resident Engineer services for the Visalia Road Improvement Project On December 8, 2020, the Council authorized purchasing authority up to 10% ($422,397) of the construction contract and utility relocation for contingency to the Public Works Director, contingent upon City Administrator approval, for potential change orders for the project.

Construction of the project was deemed complete on December 8, 2021.

Table 1, below shows of breakdown of the work that was added to or deleted from the original scope of work.

Table 1, Construction Cost Summary and Description of Change Orders Change Appry'd
Order
CO/PCO# Description Type Cost
1/1 CD 4 & 8 Irrigation Controller Booster Pump Electrical E&O $ 20,724.00 1/2 CD 5 & 8 Cost Increase due to SCE Street Light Plan and E&O street light additions to Belmont Intersection $ 27,986.20 1/3 Water System Protection Additional work Cofs $ 2,127.97 1/4 CD 9 Asbestos Concrete Water Main removal additional cost UN $ 13,794.00 New water laterals installed across Visalia Road in front of 9075.00 1/5 Cofs $
RNN Market
1/6 Storm Drain revisions at the RNN market alley storm drain UT 7,255.35 line crossing of Visalia Road $
CD 13 Traffic Signal 1-A pole change to 15TS at the
1/8 E&O $ 9,130.00
southwest corner of Belmont Intersection
2/9 Class 2 AB under Commercial Drive Approaches E&O 27,329.55 2/10 HMA Material for Pedestrian Path by Golf Course Cofs $ 1,825.32 Railroad work at E Palm crossing between F Street and G 2/12 Cofs $ 53,500.00
Street
Street Section Change to Full Depth Reclamation with
3 Cement. Additional savings are in the final Balance of Cofs $ -(42,622.00) Quantities change order
4/11 Eagles Lodge Water Laterals and Backflow Relocations UN $ 13,464.72 4/13 Irrigation Pipe under Curb and Gutter Removal UN $ 3,179.81 4/14 Palm Tree Removal by Golf Course E&O $ 1,699.15
4/17 Sewer and Storm Drain Testing E&O $ 13,530.00
4/20 Abandoned Steel Pipe Removal UN $ 7,819.07
4/21 Median Curb changed to correct curb Configuration E&O $ 969.00 4/22 Slurry Backfill in unstable area by Burger King UN $ 4,754.52 Additional Road Excavation and FDR on Belmont north side 4/23 Cofs $ 9,830.00
of Visalia Road
5/7 Sewer Lift Station Revision and Relocation Cofs $ 16,130.93 5/16 Water Main Lateral Repair SE Corner Belmont UN $ 1,779.11 5/19 Additional RR Work and Storm Drain Repair Cofs $ 16,485.13 5/25 Existing Lift Station Lid Replacement E&O $ 6,152.96 Landscape Revisions - Credit is part of the Balance of
5/26 CofS $ 45,891.41
Quantities change order
5/27 Transite Water Line Removal around RNN UN $ 3,720.46 5/28 Water Meter Installation for Landscaping E&O $ 6,867.94 5/29 Weekly Landscape Operation Charges Cofs $ 7,271.00 5/30 Speed Bump Removal in Citrus Plaza Center Cofs $ 1,072.04 5/31 Raised Pavement Marker Installation E&O $ 4,321.35 6 Balance of Quantities Change Order BQ $ -(143,830.70) 7 Signal Backplate upgrade to Safety Yellow Cofs $ 8,415.00 Change Order Total $ 159,648.29
Note: Construction Change Orders were originally estimated to be $422,397., but due to 4Creeks' diligence and creative approach to some of the construction issues, and Yarbs
Grading and Paving's flexibility in the field, the final construction change order amount fell well below what was originally anticipated.

Original Construction Contract Amount $4, 109,961.00
Approved Change Orders $159,648.29
Errors and Omissions E&0 % 2.8%
Unforeseen UN % 1.1%
Utilities UT % 0.2%
Change of Scope CofS % 3.0%
Balance of Quantities BQ % -3.5%
Total Change Order % 3.9%
Final Construction Contract Amount $4,269,609.29
Now that the contractor has fulfilled their contractual obligation for construction of the project, a Notice of Completion (Attached) needs to be recorded with the County Clerk Recorder's office.

Fiscal Impact: This road project was fully funded by Measure R. Concurrent with the relocation costs from the City's Sewer Fund. The additional appropriation of $116,700 brought the total Measure R Fund (131) appropriation to $5, 156,000 in 2020/2021 for the construction phase and $170,000 total appropriation in the Sewer Fund (107).

Prior Council/Board Actions:

September 8, 2020 - Council awarded the construction contract to Yarbs Grading & Paving, appropriated an additional $116,700 from the Measure R Fund (131), appropriated $170,000 from the Sewer Fund (107) and authorized execution of an updated Measure R Supplemental Agreement with Tulare County Transportation Authority for approximately $6.5 million of Measure R Regional Funds for construction of the Visalia Road Improvements Project, Phase 1 which includes a 10% construction and utility relocation contingency.

September 8, 2020 - Council awarded and authorized the City Administrator to negotiate and execute a contract with 4 Creeks of Visalia, CA in the amount of $589,479 for Construction Management/Resident Engineer services for the Visalia Road Improvement Project.

Dec 8, 2020 - Council authorized purchasing authority up to 10% ($422,397) of the construction contract and utility relocation for contingency to the Public Works Director, contingent upon City Administrator approval, for potential change orders on the Visalia Road Improvement Project.

Jusa a Dad Croue received armain ed aling pursue antiana design to ruer enhance water conservation and minimize future maintenance.

There have been numerous prior Council actions pertaining to funding, preliminary engineering, right of way, and Plans, Specifications, and Estimates (PS&E) for this project.

Attachments: Notice of Completion
Recommended motion to be made by Council/Board: I move to accept a Notice of Completion for the construction contract for the Visalia Road Improvement Project, with Yarbs Grading & Paving, of Fresno, CA, and authorize the City Engineer to sign the Notice of Completion, and the City Clerk to file the notice with the County Recorder's Office.

RECORDING REQUESTED
AND RETURN TO:

City of Exeter
P.O. Box 237
Exeter, CA 93221
FREE RECORDING: Govt. Code 6103

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

That the City of Exeter, California, a Municipal Corporation, whose address is 137 North "F" Street, Exeter, California, is the owner of the real property, public works or structure hereinafter described. pursuant i. Chaton to Be day Orson Paz Par .hapcer aper itile Anile mentor relie Cony her coat apescribed was completed

3. That the name of the contractor who performed said work of improvement pursuant to such contract with the City of Exeter is Yarbs Grading and Paving, Inc. whose physical address is 11339 Peach Ave,, Fresno, CA 93725, and whose mailing address is P.O. Box 87, Fowler, CA 93625, and that Travelers Casualty and Surety Company of America is the surety on said contract.

That the real property or public work or structure is described as follows:

Visalia Road Improvement Project - Phase I, between Orange Ave. and Jacobs Place, Exeter, CA 93221

5. That the Nature of the owner's interest or estate is: In Fee

6. That on February 22, 2022, at a regular meeting of the Council, the City Council of the City of Exeter authorized the filing of the Notice of Completion.

Dated: February 22, 2022 City of: Exeter
À Municipal Corporation
By:

Spencer Supinger, City Engineer

STATE OF CALIFORNIA)
)SS

COUNTY OF TULARE )
The undersigned being duly sworn says: That he is the City Engineer of the City of Exeter, a Municipal Corporation, and gives notice for and on behalf of said Municipal Corporation, that he has read the foregoing notice and knows the contents thereof, and the same is true of his own knowledge.

By:

Spencer Supinger, City Engineer
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA)
)SS

COUNTY OF TULARE
Subscribed and sworn (or affirmed) to before me on this 22" day of February, 2022, by Spencer Supinger, who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal.

Notary Public in and for the County of Tulare, State of California Commission Expiration Date
Attached to Notice of Completion for Exeter Municipal Project:

Visalia Road Improvement Project - Phase I, between Orange Ave. and Jacobs Place, Exeter, CA 93221 (Insert name of project on line above)
City of Exeter
Agenda Item Transmittal
Meeting Date: February 22, 2022
or action by
Agenda Item Number: F5 City Counc
Wording for Agenda: Discussion and consideration of joint Tooleville Mutual Non-Profit Water Association/City of Exeter Regular Session:

Voluntary Consolidation Negotiation status report to State Water Consent Calendar Resources Control Board and provide staff direction regarding report X Regular Item submittal. Public Hearing
Review:

Submitting Department: Administration
Contact Name: Adam Ennis, City Administrator City Administrator Phone Number: (559) 592-4539
Email: [email protected] (Initials Required)
Department Recommendation: Staff recommends that the Council discuss and consider joint Tooleville Mutual Non-Profit Water Association (TMNPWA)/City of Exeter Voluntary Consolidation Negotiation status report to State Water Resources Control Board and provide staff direction regarding report submittal.

Summary/Background: For many years a connection between the City of Exeter water system and the Tooleville water system has been considered and discussed. At their September 10, 2019 meeting, the Council considered potential connection options, and their various advantages and challenges. Tooleville residents attending that meeting voiced that they were not interested in any other option than full consolidation. Based on the discussion and the current state of the City, the Council was concerned with considering a full consolidation and chose to take no action at that point in time.

On August 25, 2021 the City received a letter dated August 23, 2021 from the State Water Resources Control Board, Division of Drinking Water, indicating that they are taking the first step towards ordering a full consolidation of Tooleville with the City of Exeter by providing a 6- month period for the parties to negotiate a voluntary consolidation pursuant to California Health and Safety Code (CHS) Section 116682. The order stated that the deadline of completion of this negotiation would be February 23, 2022 and that parties report the outcome of such negotiations no later than two weeks following the deadline, which would be March 9, 2022.

The order also stated that the reporting shall include the milestones agreed upon to accomplish consolidation, a timeline for completing them and a letter signed by the City stating that they intend to consolidate voluntarily in accordance with the agreed upon milestones and timelines.

The report can be a joint report from the parties or a separate report from each party. If a timely voluntary consolidation cannot be negotiated, the State Water Board would begin the public meeting process and may exercise it's authority pursuant to CHSC Section 116682(a) to order consolidation.

The TMPWA and City of Exeter representatives have been meeting almost every two weeks since October 4, 2021 discussing what a consolidation might look like and also working with a consultant, Michael Taylor at Provost and Pritchard, to complete a feasibility study that will cover all infrastructure and cost aspects of a consolidation. Self Help Enterprises, Tulare County and State Water Board Representatives have been involved in the meetings providing related information from their respective areas. Preliminary indications from work on the feasibility study are that some substantial infrastructure considerations will need to be addressed to accommodate a consolidation but won't be fully defined by the study until the end of February or early March. Much of the infrastructure considerations involve required Improvements tor both a potential connection and to the City of Exeter water system to provide for a connection. TMNPWA representatives are preparing a potential draft joint report as required by the State order for City review. At the time of preparing this staff report, the draft joint report had not been received by City staff but should be available prior to this Council meeting. Due to the tight time frame for submitting this report, staff will provide an oral overview of the draft joint report for Council discussion and consideration to provide staff direction regarding report submittal.

Fiscal Impact: None for the required reporting to the State on the voluntary consolidation negotiation. Fiscal impacts of a consolidation are yet to be determined.

Prior Council/Board Actions:

September 10, 2019 - consideration of water system connection options between the City of Exeter and Tooleville.

September 28, 2021 - Council considered the order from the State and created a temporary Ad Hoc Council subcommittee to be part of the voluntary consolidation negotiation.

Attachments: None
Recommended motion to be made by Council/Board: I move to provide staff direction regarding report submittal as discussed for Voluntary Consolidation Negotiation status report to State Water Resources Control Board