H1
EXETER CITY COUNCIL ACTION MINUTES
FEBRUARY 22, 2022
A regular session of the City Council, City of Exeter was held on Tuesday, February 22, 2022, at 7:00 p.m., via zoom and in the Exeter City Council Chambers, 137 North F Street, Exeter, California.
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, Shonna Oneal, and Eekhong Franco
A. CALL TO ORDER REGULAR SESSION
Mayor Sally called the regular session to order at 7:00 p.m.
B. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Mills and an invocation was given by Public Works Director Daymon Qualls.
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.
Mike Germaine addressed the Council to provide an update on the Exeter Bark Park.
E. CONSENT CALENDAR:
It was moved by Council Member Mills, seconded by Mayor Pro Tem Alves, and unanimously carried that the items on the Consent Calendar be approved as presented.
1. Approve special and regular minutes of January 25, 2022 and February 10, 2022
2. Payment of Bills
3. Payroll: January 21, 2022 and February 4, 2022
4. 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.
5. Award and 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.
F. INDIVIDUAL BUSINESS ITEMS:
1. Public hearing and introduction and 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. City Clerk Shonna Oneal provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:10 p.m., receiving no public comment, closed the public hearing at 7:10 p.m. Following brief discussion, it was moved by Council Member Hails, seconded by Mayor Pro Tem Alves, and unanimously carried to 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, read by title only, and waiving further reading in full.
ACTION MINUTES
EXETER CITY COUNCIL
2. Public Hearing to 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. Public Works Director Daymon Qualls provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:17 p.m., receiving no public comment, closed the public hearing at 7:17 p.m. Following discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Mills and unanimously carried to give first reading of Ordinance 701 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. City Attorney Julia Lew read the Ordinance by title only.
3. Second reading and adoption of Ordinance 699 Repealing and Replacing Chapter 8.16 of Title 8 of the City of Exeter Code of Ordinances, read by title only, and waving further reading. Mayor Sally gave second reading of Ordinance 699. Following brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver and unanimously carried to give second reading and adopt Ordinance 699 Repealing and Replacing Chapter 8.16 of Title 8 of the City of Exeter Code of Ordinances, ready by title only, and waiving further reading. City Attorney Julia Lew read the Ordinance by title only.
4. 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. Public Works Director Daymon Qualls provided a report for Council's review and consideration. Mr. Qualls also introduced and thanked Project Manager, Chris Crawford, of Four Creeks, and Project Manager Jim Leppo 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 Record's Office.
5. Discussion and consideration of joint Tooleville Mutual Non-Profit Water Association/City of Exeter Voluntary Consolidation Negotiation status report to State Water Resources Control Board and provide staff direction regarding report submittal. City Administrator Adam Ennis 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 approve the joint letter to the State as outlined in the staff report.
G. CITY COUNCIL ITEMS OF INTEREST
Council Member Mills reported he would attend the TCED meeting on February 23d. Council Member Garver reported on the oleanders at Dobson Field. Mayor Pro Tem Alves reported the annual banquet will be held soon.
I. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
Cal misted a oafer or the eard bric aad banguey projarch Shief Hall anounced Ofcer Gabe Conera J. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 7:51 p.m.
Shonna Oneal, City Clerk
H2
AVENU FINANCIAL SYSTEM CITY OF EXETER
2/18/2022 10:25:03 Payments for Publication GL335R-V08.17 PAGE Approved on 2/10/2022 for Payments Through 2/10/2022
Vendor Name Description Amount
FILTER ELEMENT, HIGH 189.19
JAN LAB FEES 2,837.00
AMERICAN BUSINESS MACHINES CH-1/24-2/23/22 BASE 14.84
ASPHALT COATING & SUPPLIES 500+ GALLONS OF ASPHALT 144.82 12/3-01/02/22 396.45
BANC OF AMERICA LEASING BANK OF AMERICA LEASING 46,351. 61 SWITCH STOP LIGHT 54.63
PEST CONTROL @ PD 163.00
CCP INDUSTRIES INC. BREATHABLE BARRIER COVER 191.75
CENTRAL CAL WATERWORKS, INC FEB 2022 WWTP 6,233.33
CENTRAL VALLEY SWEEPING LLC JAN 2022 SWEEPING 3,685.00
DEC 2021 ANIMAL SVC FEE 12,633.34
DEC PD WATER SERVICE 184.65
JAN FINGER PRINTS 66.00
SIGNALS & LIGHTING 191.67
ELITE CORPORATE MEDICAL SERV COVID TESTING 2,975.50
EMD NETWORKING SERVICES, LOGITEC WIRELESS COMBO 4,014.76 EXETER IRRIGATION & SUPPLY 1.5" SCH40 PVC PLUG THRE 4.12 FILTER ASY 1,006.19
STD LRG FOWS 120.65
FUSION CLOUD SERVICES LLC 1/18-02/17/22 273.75
GOPHER GETTER GOPHER CONTROL MOTNHLY 660.00
2X6X20 DE SB 33.62
DEC 2021 GAS 9,099.63
LAMENCE TRACTOR CLIC 2" GALV. PIPE P.E. 24' 1,848.99
BEZEL PARTS 695.57
LEAF CAPITAL FUNDING LLC CH-KYOCERA 195.66
PD BUSINESS CARDS 81.56
MOONLIGHT MAINTENANCE JAN PD OFFICE CLEANING 1,797.00
MOORE TWINING ASSOCIATES, INC TOTAL AND ORGANIC NITROG 7,759.50 SHARPENER TONER 119.39
1 PJ X MN CTS LE BRS ANG 3,376.22
JAN PD SHREDDING 77.98
PRUDENTIAL OVERALL SUPPLY 11/25/2021 UNIFORM SERVI 793.65 QUAD KNOPE ENGINEERING 210398 STORM DRAIN 36,934.21
ROBERT HALF INTERNATIONAL INC. WKEND-02/04/2022 1,252.24 JOAQUIN VALLEY RAILROAD UG SEWER 2,019.53
CDBG-CV2BA 3,548.95
PORT ATHORITY FLEECE ZIP 75.78
SHIRT AND HAT GUYS EMBROIDERY - APPAREL 610.86
225/70R 19.5/14 3,490.01
SOUTHERN CALIFORNIA GAS CO. 0891-12/29-01/28/22 2,054.35 STANDARD INSURANCE CO. FEBRUARY 2022 LIFE INS 2,001.79
SLIME LINE TWO TONE BADG 187.72
TELSTAR INSTRUMENTS INC TROUBLESHOOT INFLUENT PU 691.25 245/55R FIRERAWK PURSUIT 1,251.39
THE BANK OF NEW YORK MELLON 01/23/22-01/23/23 REV 1,250.00 TRANSUNION RISK & ALTERNATIVE JAN 2022 PERSON SEARCH 150.00
AVENU FINANCIAL SYSTEM CITY OF EXETER
2/18/2022 10:25:03 Payments for Publication GL335R-V08.17 PAGE Approved on 2/10/2022 for Payments Through 2/10/2022
Vendor Name Description Amount
TULARE COUNTY 3,190.78
ULARE COUNTY INFO TECHNOLOG CRIDG, LSRE 237.00
ULARE COUNTY JAI] DIGITAL PRINT OF STICKER 431.00
TULARE COUNTY SOLID WASTE DEPT TIRES BULK LOAD 90.65
TURNUPSEED ELECTRIC SERVICE VAN CITY PARK MATTER 1,912.00 VALLEY GREEN LANDSCAPE 8,258.00
VAST NETWORKS FEB2022 FIRE UTILITY SER 500.00
VERIZON WIRELESS 12/29-01/28/22 1,456.49
VOLLMER EXCAVATION, L.P. COLD MIX DELIVERED 1,892.63
** Final Totals... 181,757.65
AVENU FINANCIAL SYSTEM CITY OF EXETER
3/01/2022 9:49:36 Payments for Publication GL335R-V08.17 PAGE Approved on 2/24/2022 for Payments Through 2/24/2022
Description Amount
PPOTTY RNTL 2/13-3/12/22 105.30
JAN 2022 AFLAC PR 3,633.64
AMERICAN BUSINESS MACHINES 2/13-3/12/22 MF735C BASE 5.12 AT&T MOBILITY 01/03-02/02/22 396.63
TRAILER ROTO MIX 239.69
30.00 SHIELD OF CALIFORNIA 30,809.40
CALIFORNIA BUSINESS MACHINES CH-02/06-03/05/22 BASE 346.42
79.82 12/18-1/18/22 ASSE 986.24
179.89
DIVISION OF STATE ARCHITECT 124.80
18.35 EMD NETWORKING SERVICES, INC. 416.83
200Z CITRUSAP CLEANER 235.23
126-06 SUMMARY ORDINANCE 435.20
20.55 FRONTIER CALIFORNIA INC. 680.58
116.17
GOVERNMENT REVENUE SOLUTIONS 3,627.83
249.60
8,818.39
CHANGES AIR FILTER INGOU 247.48
390.06
LEAF CAPITAL FUNDING LLC 249. 72
10.75 1,797.00
MOTOROLA SOLUTIONS, APX6000 UHF R1 MODEL 48,840.77
105.00
TONER BROTHR 181.89
POST SPRVSR TRNG-10 DAYS 470.00
PRINCIPAL LIFE INSURANCE CO. 4,676.68
PRUDENTIAL OVERALL SUPPLY 2/17/22 UNIFORM 256.11
ROBERT HALF INTERNATIONAL INC. 1,280.70
SCHWAB/ DEBORAH ANN 8.37
SOUTHERN CALIFORNIA EDISON 4631-12/13-01/11/22 26,807.30 SOUTHERN CALIFORNIA GAS CO. 33.88
TAFF / SARENA M 75.44
2,235.03
THOMPSON/ DUSTIN A 77.44
UNIVAR SOLUTIONS USA INC SOF HYPO 12.5% LIQ 894.89
895.11
VISALIA TIMES DELTA REC CORD/ ACCNT ASS RECR 208.34
VOLLMER EXCAVATION, L.P. 2,797.73
20285 CITY OF EXETER CV 55, 509.30
** Final
Totals... 199, 604.67
H3
PAYRO FORM CHER HEREISTER RUN 3118-120.22 10.13.16 PAGE Paymate
1/31/2022-2/13/2022 CHECK DATE 2/18/2022
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
1206 63.69 CA STATE DISBURSEMENT UN 2
1207 , 934.7: MARX/CHRIS 706 I VENDOR CHECK
1208 3,497.50 MARX/CHRI 706
'OTALS FOR CHECK FORM: CHE:
EGOTIABLE CHECK COUNTS
5,432.29 63.29 *ENDOR CHECKOKS
0.00 *BANK CHECKS WORN
5,495.98 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
000 MANUAL CHECK:
CANCELLED CHECK
5,495.98 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
0.00 *DIRECT DEPOSIT STUBS
0.00 *VENDOR DIR DEP STUBS
PAY FORM STUB CHECK REGISTEE S BI-WEEKL: JN-02/17/2022 10.13.16 PAG 311R-V14.1 Paymate
DER DEPOSE IS 1323D2 1/31/2022- 2/13/2022 CHECK DATE 2/18/2022
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEC
512 1,052.70 - QUIROZ/PATRICK P 512 2 MANUAL
49808 190.50 CLOCEA 4 VE ONLY
49809 627.00 EXETER POLICE OFFICER AS 3 ONLY
49810 172.59 XETER POLICE OFFICER AS 31 ONLY
49811 4,593.74 ENNIS/ADAM 206
49812 3,497.50 ENNIS/ADAM 206
49813 2,683.20 ONEAL/SHONNA N 203
49814 3,497.50 ONEAL/SHONA N 203
49815 1,445.22 CARTER/AMY JO 502
49816 3,497.50 CARTER/AMY JO 502
49817 1,366.54 CORREA/BIANCA 630
49818 4,927.50 CORREA/BIANCA 630
49819 587.18 HERNANDEZ/ XOCHITL 306
49820 3,165.47 PARK MOORE/YUN GYUNG 703
49821 3,497.50 PARK MOORE/YUN GYUNG 703
49822 652.98 SANCHEZ/CESILIA 307
49823 2,395.50 FRANCO/EEKHONG 304
49824 4,927.50 FRANCO/EEKHONG 304
49825 1,581.19 PHILLIPS/ZACHARY 705
49826 3,497.50 PHILLIPS /ZACHARY 705
49827 46.17 CANALES/MICHAEL W 430
49828 1,411 . 15 CARRETERO/VANESSA 402
49829 3,497.50 CARRETERO/VANESSA 402
49830 3,380.04 CORREA/GABRIEL JR 436
49831 4,927.50 CORREA/GABRIEL JR 436
49832 1,871.77 CULLUM/TRENT MAMNANANNNA NAANANA NAN NAN NANNANANA NANAANANN 444
49833 4,927.50 CULLUM/TRENT 444
49834 3,529.45 DURKEE/MARK 404
49835 3,497.50 DURKEE/MARK 404
49836 1,781.54 ECHEVARRIA/TYLER J 443
49837 4,927.50 ECHEVARRIA/TYLER J 443
49838 1,944.60 FELIX/ESTEVAN 704
49839 3,497.50 FELIX/ESTEVAN 704
49840 4,597.50 GIEFER/MICHAEL DAVID 438
49841 3,845.20 GUZMAN/TIMOTHY CHARLES 410
49842 4,927.50 GUZMAN/TIMOTHY CHARLES 410
49843 3,373.04 HALL/JOHN T 406
49844 3,497.50 HALL/JOHN I 406
49845 1,786.46 IMPTON/JUST 446
49846 927.50 HAMPTON/JUST 446
49847 2,462.47 INGLEHART/BRETT A 411
49848 3,497.50 INGLEHART/BRETT A 411
49849 94.98 MACLEAN/JANET L 413
49850 2,681.00 HELPS/KEVIN N 429
49851 3,497.50 PHELPS/KEVIN N 429
49852 2,136.28 PRIDEAUX/TRACI 448
49853 1,927.50 PRIDEAUX /TRACT 448
49854 3,497.50 VILLARREAL/ISIDRO 707
PAYS FORM SUBHE EGISTER BI-WEEKLY RUN-02/17/2022 10.13.16 PAGE PR311R-V14.12 Paymate
1/31/2022- 2/13/2022 CHECK DATE 2/18/2022
CHECK CHECK NARZOYEE/BANK/VENDOR
NUMBER AMOUNT CODE
49855 , 473.24 YARBER/ISABEI 422 STUB
49856 ,497.50 YARBER/ISABEL 422 2 STUB
49857 1,023.09 ALDRIDGE/GARY 618
49858 3,497.50 ALDRIDGE/GARY 618
49859 1,408.66 ARROYO/MARIE 623
49860 3,497.50 ARROYO/MARIE 623
49861 1,592.48 BRASSFIELD/TRAVIS 619
49862 3,497.50 BRASSFIELD/TRAVIS 619
49863 1,675.43 ESPINOLA/DANIEL M 602
49864 3,497.50 ESPINOLA/DANIEL M 602
49865 387.30 GOLDSTROM/NORMAN 629
49866 1,518.04 HUGGINS /KYLE AARON 621
49867 3,497.50 HUGGINS /KYLE AARON 621
49868 2,928.08 QUALLS / DAYMON 607
49869 3,497.50 QUALLS / DAYMON 607 -NANANANGA NANANGA NANAAMAN 49870 1,266.44 RAMIREZ/ JUAN 608
49871 3,497.50 RAMIREZ/ JUAN 608
49872 1,025.50 WENDT/EDDIE 626
49873 1,518.72 MILLAN/MARCUS 622
49874 3,497.50 MILLAN/MARCUS 622
49875 993.94 MILLER/JAMES 624
49876 3,497.50 MILLER/JAMES 624
49877 1,680.59 MIRWALD/PHILIP 625
49878 441.06 QUIROZ/PATRICK P 512
49879 3,497.50 QUIROZ/PATRICK P 512
49880 1,848.85 HAYES/CURTIS 437
49881 3,497.50 HAYES/CURTIS W 437
TOTALS FOR CHECK FORM: STUB
NEGOTIABLE CHECKS COUNTS
0.00 *EMPLOYEE CHECKS
0.00 *VENDOR CHECKS
0.00 *BANK CHECKS 0•00
0.00 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
1,052.70- *MANUAL CHECKS
0.00 *CANCELLED CHECKS
1,052.70- **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
198,554.09 *DIRECT DEPOSIT STUBS
990.09 *VENDOR DIR DEP STUBS
City of Exeter
Agenda Item Transmittal
Meeting Date: March 8, 2022
For action by:
Agenda Item Number: H4 X City Counci
Regular Session:
Wording for Agenda: Authorize a sole source contract with Well X Consent Calendar Rehabilitation Services, Inc. of Bakersfield in the amount of Regular Item $43,360.24 to brush, air lift and video survey the well casing at Well - Public Hearing
E9-W and approve an appropriation of that amount into project account 105.461.080.043. Review:
City Administrator
Submitting Department: Public Works (Initials Required) Contact Name: Daymon Qualls
Phone Number: 559.592.3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council authorize a sole source contract with Well Rehabilitation Services, Inc. of Bakersfield in the amount of $43,360.24 to brush, air lift and video survey the well casing at Well E9-W and approve an appropriation of that amount into project account 105.461.080.043.
Summary/Background:
A recent video inspection of the well casing at Well E9-W (the well located behind R-N Market), revealed some biofouling in the well casing, which is caused by the accumulation of algae or other microorganisms. This buildup greatly reduces the well's production capabilities and needs to be removed to ensure efficient water production and long-term sustainability of the well.
Based on the specific rehabilitation needs of the well, staff contacted Well Rehabilitation Services, Inc. of Bakersfield, a company that specializes in complex water well challenges and rehabilitation strategies. This is the same company that was previously recommend by "The Water Well Guy" - Thomas Ballard, for the recent rehabilitation work at Well E13-W. Well Rehabilitation Services, Inc. evaluated Well E9-W and submitted the attached cost estimate for the necessary work to brush, air lift and video survey the well casing. The company is able to perform this work immediately upon the City's authorization. The timeframe for completion is approximately ten (10) days.
Of the six wells currently online, this well is the City's fourth top producer at approximately 400 GPM. Staff is optimistic that removing the buildup from the casing may result in increased production of the well, up to 50%. Once the work is completed a yield test will be conducted to confirm the well's improved pumping capabilities.
As the warmer weather quickly approaches, the timing of these repairs is critical to ensure that we are able to meet peak water demand during the summer months. There would be a delay of 4-6 weeks for the City to prepare and solicit bids and potentially much longer depending on the bidders availability to do the work. Due to the urgent need for this repair work to be completed it is recommended that Council authorize a sole source contract with Well Rehabilitation Services, Inc. while they have the availability and can perform the work quickly.
Fiscal Impact: This project will be funded through the use of fund balance ($10,673) and the deferred CIP project funds to reflect the changes in priorities.
Prior Council/Board Actions: None
Attachments: Cost estimate provided by Well Rehabilitation Services, Inc.
Recommended motion to be made by Council/Board: I move to authorize a sole source contract with Well Rehabilitation Services, Inc. of Bakersfield in the amount of $43,360.24 to brush, air lift and video survey the well casing at Well E9-W and approve an appropriation of that amount into project account 105.461.080.043.
Well
PO Box 80365
Rehabilitation Bakersfield CA 93380 ESTIMATE
Phone # 661-333-2243
Services, Inc. Fax # 661-587-0981 Date Estimate Name
CA Lic #98386
Our motto is 2/4/2022 #9
"Persistence Overrules Resistance"
Quoted To: Information:
City of Exeter Well# City of Exeter
PO Box 237 Requested by Phil Mirwald
Exeter, CA 93221
P.O. No. Terms
Net 30
Quanity Description Unit Cost Total
16 Brush and airlift from 268' 325.00 5,200.00
1 Video Survey Run 2 1,000.00
1 Treat well with acid solution over a two day period, swabbing to further 11,610.00 11,610.00
push chemical into gravel pack. Airlift to waste
24 ISO Pack perforations to remove dissolved debris (Estimated hours) 7,800.00 1 Video Survey Run 3 1,000.00 1,000.00
40 Prevailing Wage -Operator-Reg (Estimated hours) 80.13 3,205.20 20 Prevailing Wage -Operator-OT (Estimated hours) 106.32 2,126.40 88 Prevailing Wage -Labor-Reg (Estimated hours) 62.03
5,458.64
40 Prevailing Wage -Labor-OT (Estimated hours) 80.75 3,230.00 1 Per diem 3 men/5 nights @ $182.00 each 2,730.00 2,730.00 Total price is only an estimate. Actual costs may vary depending on jobsite conditions, weather or additional repairs that may not be evident at this time. A service charge of 2% per month will be charged on all past due accounts.
By signing the esimtae I acknowledge receipt of this estimate and authorize Well Rehabilitation Services, Inc. to proceed with work.
Signature Date
Total $43,360.24
City of Exeter
Agenda Item Transmittal
Meeting Date: March 8, 2022
For action by:
Agenda Item Number: H5 X City Council
Regular Session:
Wording for Agenda: Affirm emergency repairs on the City's water X Consent Calendar distribution system completed by Bill Nelson General Engineering, Regular Item Inc. of Fresno, CA and authorize payment in the amount of - Public Hearing $10,136.43 for said repairs.
Review:
Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls (Initials Required)
Phone Number: 559.592.3318
Email: [email protected] OB
Department Recommendation:
Staff recommends that Council affirm emergency repairs on the City's water distribution system completed by Bill Nelson General Engineering, Inc. of Fresno, CA and authorize payment in the amount of $10,136.43 for said repairs.
Summary:
Recently the City water system developed a significant leak near the Intersection of Visalia Road and G Street. Due to the leaking water main being located below a section of concrete approximately 12" thick, staff reached out to the City's pre-qualified contractors for some assistance. Only one contractor, Bill Nelsen General Engineering, Inc., was immediately available to respond. Mr. Nelson could not provide a fixed bid price and would only do the work on a time and material basis, due to the potential for unknown conditions to be encountered.
Because Bill Nelsen General Engineering, Inc., was the only contractor on the City's pre- qualified contractor list who responded and was immediately available, they were asked to perform the emergency repairs. Pursuant to his emergency purchasing authority, the City Administrator authorized Bill Nelsen General Engineering, Inc to proceed with the emergency repairs on a time and materials basis.
The emergency work consisted of cutting through approximately 12" of concrete, excavating the area and replacing 13' of water line.
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
Per Council's authorization, initial agreements were executed with all of the above contractors to put in place everything necessary that did not require the specific scope of work for a particular Fiscal Impact: As part of the fiscal year 21/22 Budget, $75,000 was appropriated for capital projects related to the City's water lines. This project's costs will be paid from that appropriation.
Prior Council/Board Actions: List of qualified contractors accepted on April 23, 2019 and a few contract affirmations/awards for work.
Attachments: Invoice from Bill Nelson General Engineering, Inc.
Recommended motion to be made by Council/Board: I move to affirm emergency repairs on the City's water distribution system completed by Bill Nelson General Engineering, Inc. of Fresno, CA and authorize payment in the amount of $10, 136.43 for said repairs.
AlA Type Document
Application and Certification for Payment Page 1 of 2
TO (OWNER): 100 NORTH C ST PROJECT: EMERGENCY REPAIR APPLICATION NO: 1 DISTRIBUTION EXETER, CA 93221 100 NORTH C ST PERIOD TO:2/28/2022 TO:
EXETER, CA 93221 - ARCHITECT
_CONTRACTOR
FROM (CONTRACTOR): Bill Nelson GEC Inc VIA (ARCHITECT): ARCHITECT'S 1099 E Champlain Dr PROJECT NO:
Ste A, PMB #269
Fresno, CA 93720
CONTRACT FOR: CONTRACT DATE:
The Undersigned Contractor certifies that to the best of the Contractor's knowledge, information and CONTRACTOR'S APPLICATION FOR PAYMENT belief the work covered by this application for Payment has been completed in accordance with the Application is made for Payment, as shown below, in connection with the Contract. Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Continuation Sheet, AIA Type Document is attached. Certificates for Payment were issued and payments received from the owner, and that current payment shown herein is now due.
1. ORIGINAL CONTRACT SUM .. 10,136.43
2. Net Change by Change Orders 0.00 CONTRACTOR: Bill Nelson GEC Inc 1099 E Champlain Dr Ste A, PMB #269
3. CONTRACT SUM TO DATE (Line 1 + 2).... 10,136.43 Fresno, CA 93720
4. TOTAL COMPLETED AND STORED TO DATE 10,136.43 By: Date:
5. RETAINAGE: State of:
0.00% of Completed Work 0.00
County of:
0.00% of Stored Material 0.00 Subscribed and Sworn to before me this Day of Total retainage (Line 5a + 5b).. 0.00 Notary Public:
My Commission Expires :
6. TOTAL EARNED LESS RETAINAGE 10,136.43
(Line 4 less Line 5 Total) ARCHITECT'S CERTIFICATE FOR PAYMENT
7. LESS PREVIOUS CERTIFICATES FOR PAYMENT In Accordance with the Contract Documents, based on on-site observations and the data com- prising the above application, the Architect certifies to owner that to the best of the Architect's (Line 6 from prior Certificate) 0.00 knowledge, information and belief the Work has progressed as indicated, the quality of the work
8. CURRENT PAYMENT DUE ..... 10,136.43 is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.
9. BALANCE TO FINISH, INCLUDING RETAINAGE
(Line 3 less Line 6) 0.00 AMOUNT CERTIFIED..
(Attach explanation if amount certified differs from the amount applied. Initial all figures on this CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Application and on the Continuation Sheet that are changed to conform to the amount certified.) Total changes approved in ARCHITECT:
previous months by Owner 0.00 0.00 By:
Total approved this Month 0.00 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor
0.00 named herein. Issuance, Payment and acceptance of payment are without prejudice to any TOTALS 0.00 rights of the Owner or Contractor under this Contract.
NET CHANGES by Change Order 0.00
AlA Type Document
Application and Certification for Payment Page 2 of 2
TO (OWNER): 100 NORTH C ST PROJECT: EMERGENCY REPAIR APPLICATION NO: 1 DISTRIBUTION EXETER, CA 93221 100 NORTH C ST TO:
EXETER, CA 93221 PERIOD TO: 2/28/2022
_CONTRACTOR
FROM (CONTRACTOR): Bill Nelson GEC Inc VIA (ARCHITECT): ARCHITECT'S 1099 E Champlain Dr PROJECT NO:
Ste A, PMB #269
Fresno, CA 93720
CONTRACT FOR: CONTRACT DATE:
SCHEDULE PREVIOUS COMPLETED STORED COMPLETED
ITEM DESCRIPTION VALUE APPLICATIONS THIS PERIOD MATERIAL STORED BALANCE RETAINAGE EWB 1 02.09.2022 6,123.72 0.00 6,123.72 0.00 6,123.72 100.00 0.00 0.00 EWB 2 02.10.2022 4,012.71 0.00 4,012.71 0.00 4,012.71 100.00 0.00 0.00 REPORT TOTALS $10,136.43 $0.00 $10,136.43 $0.00 $10,136.43 100.00 $0.00 $0.00 City of Exeter
Agenda Item Transmittal
Meeting Date: March 8, 2022
For action by:
Agenda Item Number: H6 X City Council
Wording for Agenda: Adopt Resolution 2022-05 Reaffirming Its Regular Session:
pro at on Emergenal by A 36 sue on September 16, 2021 X Consent Calendar and Re-Authorizing Remote Teleconference Meetings of all Regular Item Legislative Bodies of the City of Exeter through March 31, 2022 Public Hearing Pursuant to Brown Act Provisions.
Review:
Submitting Department: Administration
Contact Name: Adam Ennis/Shonna Oneal City Administrator (Initials Required)
Phone Number: (559) 592-4539 or (559) 592-9244
Email: [email protected] or [email protected] Department Recommendation:
Staff recommends that the City Council consider and adopt Resolution 2022-XX Reaffirming Its Proclamation of a Local Emergency, Re-Ratifying the Proclamation 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 through March 31, 2022 Pursuant to Brown Act Provisions.
Summary:
On February 10, 2022, the City Council adopted Resolution 2022-03 Reaffirming Its Proclamation of a Local Emergency, Re-Ratifying the Proclamation 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. This resolution established the criteria necessary for the City to continue conducting teleconference meetings without compliance with the requirements of Government Code section 54953(b)(s) for a period of thirty (30) days.
Pursuant to AB 361, the City Council must re-consider if a state of emergency exists in the City to continue remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953 every thirty (30) days. Currently, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity would present imminent risk to health and safety of attendees. AB 361 is set to sunset on March 31, 2022, unless further extended by the State. If AB 361 is not extended legislative bodies of the City of Exeter will return to in-person meetings subsequent to March 31, 2022. Staff is planning to return with an item at the regularly scheduled Council meeting of March 22, 2022 to discuss the status of the legislation and meetings of the legislative bodies of the City of Exeter subsequent to the current sunset date.
Background:
During the past twenty-three (23) months, the City Council and its Legislative bodies have been conducting teleconferencing meetings as allowed for pursuant to a series of executive orders, the most recent which expired September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Recently adopted State law, AB 361, extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, while the state of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place.
Initial reliance on AB 361 requires the following:
1) There must be a proclaimed state of emergency; and
2) One of the following circumstances exist:
a. State or local officials have imposed or recommended measures to promote social distancing; or
b. The legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e) (1).
Both these conditions are presently satisfied. The Governor's State of Emergency Declaration, issued on March 4, 2020, and the City's declaration of local emergency issued March 24, 2020, remain in place and have not been lifted. In addition, State and local agencies continue to recommend social distancing as one of the measures to reduce the spread of COVID-19.
Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following:
1) Either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and 2) Not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists:
a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
b. State or local offices continue to impose or recommend measures to promote social distancing.
If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows:
1) Each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option;
2) Teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
3) Public comments cannot be required to be submitted in advance of the meeting (though this may remain an option);
4) The public must be able to attend the meeting via call-in option or internet-based service option;
5) The public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; 6) If there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency's control that prevents members of the public from offering public comments using the call-in option or internet- based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and 7) Where, as in Exeter, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Government Code Section 54953(e) (2).
In light of AB 361, the continuing COVID-19 emergency, the continuing recommendations by the State and local officials of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue AB 361. In addition, continuing to follow social distancing guidelines will assist in minimizing the potential for outbreaks in the organization and subsequent scrutiny and actions taken by Cal OSHA based on their current requirements.
Doing so will allow City Council and its legislative bodies meetings to continue to occur by teleconference, without compliance with the teleconferencing requirements set out in Government Code Section 54953(b)(3) that would otherwise apply. The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361.
Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days. AB 361 will sunset on March 31, 2022.
Fiscal Impact: None.
Prior Council/Board Actions: On March 24, 2020 the Council adopted Resolution 2020-12 proclaiming the existence of a local emergency due to the novel coronavirus (COVID-19).
On May 19, July14, September 8, November 2 and December 8, 2020, and January 26, March 23, May 11, June 22, August 10, September 28, 2021, November 9, December 14, 2021 and February 10, 2022 Council approved to continue the state of emergency established by Resolution 2020-12 due to the Novel Coronavirus (COVID-19) for an additional 60 days. On September 28, October 26, November 18, December 14, 2021, January 11and February 10, 2022, the Council adopted Resolutions 2021-21, 2021-24, 2021-29, 2021-31, 2022-02 and 2022-03 authorizing remote teleconferencing meetings pursuant to AB361.
Attachments: 1) Resolution 2020-12 - A Resolution Of The City Council Of The City Of Exeter Proclaiming The Existence Of A Local Emergency;
2.) Resolution 2022-05 Reaffirming Its Proclamation of a Local Emergency, Ratitying the Proclamation of a State of Emergency by AB 361 issued on September 16, 2021, and Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through March 31,2022 Pursuant to Brown Act Provisions.
Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-05 as presented.
RESOLUTION 2020-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER
PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease which the Centers of Disease Control and Prevention (CDC) consider to be a very serious public health threat with outcomes ranging from mild to severe sickness and death; and WHEREAS, COVID-19 is easily transmissible from person to person and has spread globally to over 118 countries, infected more than 125,000, and killed more than 4,000 as of March 11, 2020 per the World Health Organization (WHO); and WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services declared a public emergency for COVID-19 beginning on January 27, 2020; and
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID -19 in the State: and
WHEREAS, on March 11, 2020, WHO made the assessment that COVID-19 can be characterized as a pandemic; and
WHEREAS, on March 12, 2020, Tulare County declared an emergency due to the confirmed case of COVID-19 at Sierra View Medical Center in the City of Porterville, thus enabling Tulare County to take extraordinary measures, and since that date there have been 2 more confirmed cases at Kaweah Delta Medical Center in the City of Visalia;
WHEREAS, between the dates of March 13, 2020 and March 17, 2020, various State and Federal authorities have recommended that gatherings of more than 250, 50, or even 10 people should be avoided at least until the end of March; and WHEREAS, COVID-19 therefore will continue to cause conditions of peril to the health, safety, and welfare of person and property in the City of Exeter; and WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of COVID-19 requires the City to divert resources form normal day-to-day operations, and has and will continue to impose extraordinary requirements on and expenses to the City; and
WHEREAS, the City Council here finds that the above described conditions related to the COVID-19 outbreak does warrant and necessitate the proclamation of the existence of a local emergency in the City of Exeter;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND DECLARED by the City Council of the City of Exeter;
Resolution 2020-12
COVID-19 Emergency
A local emergency is hereby proclaimed to exist throughout the City of Exeter.
2. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Exeter.
As required by law, the City Council shall review the need to continue the state of emergency at least once every sixty (60) days until this Resolution is terminated.
PASSED, ADOPTED AND APPROVED this _24th day of March 2020 by the following vote:
AYES: Alves; Sally; Hails; Petty; and Waterman-Philpot
NOS: N/A
ABSTAIN: N/A
ABSENT: N/A
Mau Waterma Prepat
MAYOR
ATTEST:
Shonna Oncal
CITY CLERK
RESOLUTION 2022-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER REAFFIRMING ITS
PROCLAMATION OF A LOCAL EMERGENCY, RE-RATIFYING THE PROCLAMATION 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 THROUGH MARCH 31, 2022 PURSUANT TO BROWN ACT PROVISIONS WHEREAS, the Exeter City Council is committed to preserving and nurturing public access and participation in meetings of all City of Exeter legislative bodies; and, WHEREAS, all meetings of the City of Exeter legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City of Exeter's legislative bodies conduct their business; and, WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and,
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and,
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or human-caused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, the Exeter City Council previously adopted Resolution 2021-21 on September 28, 2021, Resolution 2021-24 on October 26, 2021, Resolution 2021-29 on November 18, 2021, Resolution 2021-31 on December 14, 2021, Resolution 2022-02 on January 11, 2022 and Resolution 2022-03 on February 10, 2022 finding that the requisite conditions exist for the legislative bodies of the City of Exeter to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and,
WHEREAS, as a condition of extending the use of provisions found in section 54953(e), the Exeter City Council must reconsider the circumstances of the state of emergency that exists in the City, and the Exeter City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California; and, WHEREAS, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present imminent risk to health and safety of attendees; and,
WHEREAS, the City does hereby reaffirm its proclamation of a local emergency due to the novel coronavirus (COVID-19) that has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to reaffirm its local emergency and ratify the proclamation of emergency by the Governor of the State of California; and, Resolution 2022-05
AB 361 Emergency Teleconferencing
WHEREAS, as a consequence of the local emergency, the City does hereby find that the legislative bodies of the City of Exeter shall continue to conduct their meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (e) of section 54953; and,
WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and, WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Exeter as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and,
SECTION 2. Reaffirmation of Local Emergency. The City hereby reaffirms that a local emergency now exists through the City, and that State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present imminent risk to health and safety of attendees; and,
SECTION 3. Ratification of Governor's Proclamation of a State of Emergency. The City hereby ratifies the Governor of the State of California's Proclamation of March 2, 2020; and, SECTION 4. Remote Teleconference Meetings. The City Administrator and legislative bodies of the City of Exeter are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 5. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective through March 31, 2022.
Resolution 2022-05
B 361 Emergency Teleconferencin
Passed, approved, and adopted this 8t day of March 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor ATTEST:
City Clerk
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%
D H Memorial Hosp
-2.74%
24.76% Dobson Fid
A © Exeter High Schooi
3.51%
17.23%
Athletic Park
© Elem Schi NDC
City Park
•Mid Schil 106
B 22560
1.06%
22.4%
Map layers
NDC 106
Landmark Point
Unger Part Landmark Area
Natonal Demyraphic Corporatice Railroad
Decembct 28, 312 Streets
02021 CALIPER
- 3-
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 DCDA, 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 fire 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.
- 3-
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
- 5-