EXETER CITY COUNCIL ACTION MINUTES
MARCH 8, 2022
A closed session of the City Council, City of Exeter was held on Tuesday, March 8, 2022, at 6:30 p.m., via zoom and in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, Dave Hails, and Justin Mills COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, Shonna Oneal
A. CALL TO ORDER CLOSED SESSION
Mayor Sally called the closed session to order at 6:30 p.m.
B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Mayor Sally requested those who wish to speak on matters listed on the Closed Session Agenda to do so at this time.
There were no public comments presented.
C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):
Mayor Sally adjourned to closed session at 6:30 p.m.
1. 54957(b)(1) Annual Public Employee Performance Evaluation - City Administrator A regular session of the City Council, City of Exeter was held on Tuesday, March 8, 2022, at 7:00 p.m., via zoom and in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, Dave Hails, and Justin Mills COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, John Hall, Daymon Qualls, Rainbow Moore, Spencer Supinger, Shonna Oneal, and Eekhong Franco
D. CALL TO ORDER REGULAR SESSION AND REPORT ON CLOSED SESSION ITEMS (if any) Mayor Sally called the regular session to order at 7:00 p.m. City Attorney Julia Lew advised there were no actions to report from closed session.
E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Garver and an invocation was given by Public Works Director Daymon Qualls.
F. 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.
G. SPECIAL PRESENTATIONS (if any): None
H. CONSENT CALENDAR:
It was moved by Mayor Pro Tem Alves, seconded by Council Member Mills and unanimously carried that the items on the Consent Calendar be approved as presented.
1. Approve regular minutes of February 22, 2022
2. Payment of Bills
3. Payroll: February 18, 2022
ACTION MINUTES
EXETER CITY COUNCIL
4. 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.
5. Attirm 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.
Pursuant to Brown Act Provisions.
I. INDIVIDUAL BUSINESS ITEMS
1. Second reading and adoption 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 District, read by title only, and waiving further reading. Mayor Sally gave second reading of Ordinance 700. With no discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver and unanimously carried to give second reading and adopt Ordinance 700 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 District, read by title only, and waiving further reading.
2. Second reading and adoption of 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 701. With no discussion, it was moved by Council Member Hails, seconded by Council Member Mills and
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, read by title only, and waiving further reading.
J. CITY COUNCIL ITEMS OF INTEREST
Council Member Hails reported on attending the most recent Tooleville meeting and the recent public safety award ceremony. Mayor Sally reported she will be attending the mixer on Thursday and a special selection meeting for Council of Cities.
K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City.
L. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 7:18 p.m.
Shonna Oneal City Clerk
AVENU FINANCIAL SYSTEM CITY OF EXETER
3/15/2022 9:52:24 Payments for Publication GL335R-V08.17 PAGE Approved on 3/10/2022 for Payments Through 3/10/2022
Vendor Name Description Amount
AMERICAN BUSINESS MACHINES 30.00
AT&T 171.76
BILL NELSON ENGINEERING CONST. EMERG ETR SERV LINE REPR 10,136.43 BUZZ KILL PEST CONTROL PEST CONTROLL 171.00
C.L.E.A. LI DISABILITY 73.50
CALIFORNIA BUSINESS MACHINES 59.75
CENTRAL VALLEY SWEEPING LIC 3,685.00
CITY OF EXETER 830.79
CITY OF VISALIA ANIMAL SVC FEE 6,316.67
COOK'S COMMUNICATIONS CORP 6,506.72
CULLIGAN 176.65
ELITE CORPORATE MEDICAL SERV 1,420.50
EMD NETWORKING SERVICES, INC. SET UP 2 WRK STAT & PHON 835.32 EXETER MERCANTILE CO. 524.12
EXETER MOTORS, INC. 3,579.78
FOOTHILLS SUN-GAZETTE 768.00
FRONTIER CALIFORNIA INC. 9920-02/19-03/18/22 169.28
FUSION CLOUD SERVICES LLC 275.07
GAR BENNETT LLC 3,357.21
GOPHER GETTER 660.00
GRAHAM CONTRACTORS, INC 93,478.00
HIGH SIERRA LUMBER CO. 80LB CONCRETE MIX 249.60
JIMS STEEL SUPPLY, LLC 1,848.99
KRC SAFETY CO INC. ENNIS STRIPPIGN PAINT ED 1,365.73
LAWRENCE TRACTOR CO 147.00
LEAF CAPITAL FUNDING LLC 335.65
LISA JOYCE WILLIAMS PRE EMPL-BCKGRND SHIELDS 1,500.00
MCCORMICK KABOT JENNER & LEW 3,708.00
MORRIS LEVIN & SON 28.13
OFFICE DEPOT 8.12
PACIFIC CREST EQUINE 58.27
PENA'S DISPOSAL INC FEB PD SHREDDING 197.98
PRUDENTIAL OVERALL SUPPLY 222.74
QUAD KNOPE ENGINEERING 200130- COMPLETE STREET 31,164.12 SELF-HELP ENTERPRISES JAN LOAN PORT 96,783.89
SERVICEMASTER BY BENEVENTO 5,414.61
SIMMONS TIRE SERVICE 1,393.10
SOUTHERN CALIFORNIA EDISON 0041A-1/25-2/23/22 34,025.03 SOUTHERN CALIFORNIA GAS CO. 1, 705.03
STANDARD INSURANCE CO. MARCH 2022 LIFE INS 2,066.31
SUN BADGE COMPANY (806,809,818) 343.33
SUNBELT RENTALS, INC. 3YRD ARTIC LOADER 3,162.94
T-MOBILE 01/21-02/20/22 366.62
TE TIRE AND SERVICE 2,343.44
TULARE COUNTY ASSESSOR 65.00
TULARE COUNTY JAIL 101.29
TULARE COUNTY OFFICE OF ED 125.00
UNIVAR SOLUTIONS USA INC 1,013.99
AVENU FINANCIAL SYSTEM CITY OF EXETER
3/15/2022 9: 52:24 Payments for Publication GL335R-V08.17 PAGE Approved on 3/10/2022 for Payments Through 3/10/2022
Vendor Name Description Amount
TR CUSTODY RESORS 31.75
BLUEBOOK PRESSURE GAUC 137.92
VALLEY GREEN LANDSCAPE FEB CITY PARK MAINT 8,258.00
VAST NETWORKS MARCH UTILITY SYSTEMS 1,000.00
VERIZON WIRELESS 01/29-02/28/2022 1,079.12
VOLLMER EXCAVATION, L.P. COLD MIX DELIV 2,040.35
WARREN & BAERG MANUFACTURING WWTP EMERGENCY PUMP REPR 2,580.30 ** Final
Totals... 338,996.90
PAYROLL. S BI-WEEKLY RUN-03/03/2022 09.11.55 PAGE
CHECK FORM.. CHEK CHECK REGISTER PR311R-V14.12 Paymate
ERIOD 1 DATINO 2/14/2022-2/27/2022 CHECK DATE 3/04/2022
IRECT DEPOSIT IS TURNED OI
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEO
1210 63.69
1,564.17 MARX/CHRISTSBURSEMENT UN 206 MARX/CHRIS 1 VENDOR CHECK NEGOT ABLE CHEK FORM: CHEK NEGOTIABLE
COUNTS
1,564.17 *EMPLOYEE CHECKS
63.69 * VENDOR CHECKS JOHA
0.00 *BANK CHECKS
1,627.86 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
000 MANUAL CHECK
CANCELLED CHECK
1,627.86 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
0.00 *DIRECT DEPOSIT STUBS
0.00 *VENDOR DIR DEP STUBS
PATRO FORM SEU CEREISTER JN-03/03/2022 09.11.5 PAGE
CHECK R311R-V14.1 Raymate
OTRE DEPOS IS TURED2 2/14/2022- 2/27/2022 CHECK DATE 3/04/202:
CHECK HEC NMPTOYEE/BANK/VENDOR CHECK
NUMBER MOUN CODE SEQ
49882 168.00 CLOCEI 1 VENDOR STUB ONLY
19883 :84.0 EXETER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 49884 188.28 EXETER POLICE OFFICER AS 3A STUB ONLY
49885 ENNIS/ADAM 206 ONLY
49886 2, 583:20 ONEAL/SHONNA N 203
ONLY
49887 1,314.05 CARTER/AMY JO 502 ONLY
49888 1,347.02 CORREA/BIANCA 630 ONLY
49889 562.33 HERNANDEZ/XOCHITL 306 ONLY
49890 3,165.47 PARK MOORE/YUN GYUNG 703 ONLY
49891 583.24 SANCHEZ/CESILIA 307 ONLY
49892 2,395.50 FRANCO/ EEKHONG 304 ONLY
49893 1,581.19 PHILLIPS/ZACHARY 705 ONLY
49894 1,401.40 CARRETERO/VANESSA 402 ONLY
49895 2,311.50 CORREA/GABRIEL JR 436 ONLY
49896 1,462.97 CULLUM/TRENT 444 ONLY
49897 3,162.43 DURKEE/MARK 404 ONLY
49898 2,254.53 ECHEVARRIA/TYLER J 443 ONLY
49899 1,469.70 FELIX/ESTEVAN 704 ONLY
49900 2,159.95 GUZMAN/TIMOTHY CHARLES 410 ONLY
49901 3,367.79 HALL/JOHN T 406 ONLY
49902 1,645.26 HAMPTON/JUSTIN 446 ONLY
49903 1,780.46 HAYES/CURTIS W 437 ONLY
49904 2,285.28 INGLEHART/BRETT A 411 ONLY
49905 170.41 MACLEAN/JANET L 413 ONLY
49906 2,476.22 PHELPS/KEVIN M 429 ONLY
49907 1,630.55 VILLARREAL/ISIDRO 707
49908 2,467.99 YARBER/ISABEL 422 ONLY
49909 1,319.13 ALDRIDGE/GARY 618 ONLY
49910 1,408.66 ARROYO/MARIE 623 ONLY
49911 1,435.50 BRASSFIELD/TRAVIS 619 ONLY
49912 1,670.18 ESPINOLA/DANIEL M 602 ONLY
49913 157.81 GOLDSTROM/NORMAN 629 ONLY
49914 1,513.54 HUGGINS/KYLE AARON 621 ONLY
49915 2,928.08 QUALLS/DAYMON 607 ONLY
49916 2,005.60 RAMIREZ/JUAN 608 ONLY
49917 1,501.63 WENDT/EDDIE 626 ONLY
49918 1,115.68 MILLAN/MARCUS 622 ONLY
49919 989.44 MILLER/JAMES 624 ONLY
49920 423.97 MIRWALD/PHILIP 625 ONLY
49921 1,218.97 QUIROZ/PATRICK P 512
49922 1,636.83 PRIDEAUX/TRACI 448 ONI
City of Exeter
Agenda Item Transmittal
Meeting Date: March 22, 2022
For action by:
Agenda Item Number: H4 × City Council
Wording for Agenda: Approve request by Exeter, A Festival of Arts Regular Session:
Mural Team to close South E Street, from Pine Street to the public X Consent Calendar parking lot south of the Wildflower Cafe on Sunday, May 8, 2022 Regular Item
from Noon to 10:00 p.m. for their annual Garden Party fundraiser. Public Hearing Submitting Department: Administration Review:
Contact Name: Adam Ennis
Phone Number: 592-4539 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:
Staff recommends approval of the Garden Party street closure as requested.
Summary/Background:
Each year the Exeter, A Festival of Arts Mural Team holds a fundraiser in the Spring to support the mural program. This year the annual Garden Party event will be on Sunday May 8.
Though the event doesn't begin until early evening, the street is typically closed early to place tables and chairs and allow the caterer to set up their food service area. As it is a Sunday, many businesses are closed, and those that are open have been supportive each year.
Per City policy, the applicant will be required to obtain the required signatures from business owners fronting on the closure and provide the required Certificate of Liability Insurance for General Liability naming the City of Exeter as Certificate Holder and holding the City harmless from any liability during the event. In addition to submittal of these documents, the following terms and conditions will be required prior to finalizing the street closure:
1. A separate permit is required for a sound amplifying system, if one is desired;
2. An Alcoholic Beverage Control (ABC) license
Prior Council/Board Actions: Approvals in prior years.
Attachments: Request of Street Closure
Recommended Motion: I move to approve the Garden Party street closure request as presented.
Office of the City Administrator
100 North C Street Exeter, CA 93221
Pf. #559-592-9244 Fax#539-592-3346
BOXETER
City of Exeter
APPLICATION: REQUEST OF STREET CLOSURE
Name o Group or Person/s) requesting stret closure: Exeter A fesTivaL ob arTs Contact Person for group: Mike Deathriage
Contact information (address/phone number) 559•737-3597 Date of Event: 5-8:22 2:00-10:00
Type of event and detals: Garden Party/fundraiser
DuriNeR.
Location (street or streets) where event is to take place: & Strast Date: 3-17.32
Applicant's Sigrature
Approved/Denied:_
City Administrator Randy Groom
First American
ma Sports Bistbar
200 PT
Delera Possman ExTer.
Jay Hoffman lofte
Narette I
CITY OF EXETER
TEMPORARY STREET CLOSURE POLICY
The following procedures shall be followed by the City of Exeter in reviewing and responding to all requests for temporary street closures.
A. PROCESS
1. The applicants) must submit a completed temporary street closure request form no later than three weeks prior to the requested closure (as early as possible.)
2. Prior to submitting an application, the applicant is responsible to contact all neighbors that are located within the closure area and/or would have restricted access to their driveways. Two-thirds (2/3) of the residents within the closure area must indicate their support of the proposed closure. The applicant must submit a list of affected addresses, with a name and signature of the property owner or tenant for each address, indicating support of the requested closure.
3. Street closures will generally be granted in residential areas only on non- collector/non-arterial roadways. Closures will not be approved if a street closure has already been approved for the same date/time within one adjacent block of the request.
4. The application will be reviewed by the Chief of Police and Director of Public Works and forwarded to the City Clerk's office for placement on a City Council agenda. At the time of the agendized meeting, staff will provide their comments and recommendations to the City Council who will approve or deny the application. The City Council is under no obligation to approve an application and is not required to meet any particular standard of "cause" should they choose to deny an application.
Should an application be approved by the City Council, the following provisions shall apply.
B. PROVISIONS
1. Street closures in residential areas shall be for no more than six (6) hours in duration. Closures in commercial areas for markets and special events may be granted for longer periods based on setup, operation, and clean-up needs.
2. The applicant and/or 2nd contact person listed on the application must be available at all times during the hours of the event.
3. Alcoholic beverages are not permitted on the street unless specifically allowed by permit issued by the State Department of Alcoholic Beverage Control. All state laws and local ordinances pertaining to alcoholic beverages shall be observed - failure to do so will result in immediate revocation of the street closure approval.
4. The applicant will abide by the City of Exeter Municipal Code in regard to noise and nuisance issues. Events with outdoor music shall cease music prior to 10:00 p.m.
5. The City of Exeter Public Works Department will be responsible for pickup and removal/return of city-owned traffic control devices (cones, barricades, etc.) Traffic control devices may only be placed at the designated location by the applicant at the start time approved for the closure. At the close of the event, all cones/barricades will be gathered by the applicant and placed at a safe location near the event site, without obstructing vehicular traffic, where the City can safely retrieve them. The City will not provide traffic control nor remove vehicles legally parked within the closure area.
6. If case of inclement weather or cancellation of the event, please contact the City of Exeter Public Works Department and Police Department at the earliest time possible.
7. Applicant must have in his/her possession during the duration of the street closure the approved street closure form. A copy of the approved request shall also be forwarded to City Public Works, Police, and Fire departments as well as local EMS.
8. Placement of obstructions, such as tents, bounce houses, tables, etc., shall only be allowed on one side of the centerline of the closed street - thereby providing emergency vehicle access along the opposite side of the roadway.
9. The City shall require event insurance indemnifying the City for street closure requests that are open to the general public, or when the closure request is anticipated to generate a large number of attendees. The City reserves the right to require event insurance for other closures depending upon the circumstances.
10. The applicant must submit a temporary street closure fee of $50.00 at the time the application is submitted. If the event is cancelled, and the City notified, at least one day prior to the scheduled event date, the City will refund the fee through its usual accounts payable process.
City of Exeter
Agenda Item Transmittal
Meeting Date: March 22, 2022
For action by:
Agenda Item Number: H5 X City Council
Regular Session:
Wording for Agenda: Authorize the City Administrator to execute X Consent Calendar an Extra Work Authorization with the City's contract City Engineer Regular Item irm - QK, in an amount not to exceed $105,000 to update the City's = Public Hearing Sewer Master Plan.
Review:
Submitting Department: Public Works
City Administrator
Contact Name: Daymon Qualls (Initials Required)
Phone Number: 559.592.3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council authorize the City Administrator to execute an Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $105,000 to update the City's Sewer Master Plan.
Summary/Background:
As part of the California State 2019-20 Budget Act, $250 million was allocated for all regions, cities and counties for planning activities that accelerate housing production. Within this allocation, the California Department of Housing and Community Development (HCD) established the Regional Early Action Planning Grant Program (REAP) with $125 million set for regions. REAP provides one-time grant funding to regional governments and regional entities for planning activities that will accelerate housing projection and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation (RHNA).
The City of Exeter applied for REAP Program funding to update its Sewer Master Plan to include an analysis for the integration of new development into the City's current infrastructure, an analysis of the demands on the current infrastructure including new development and development. Based on its population, the City of Exeter is eligible to receive $111,233 in REAP funding.
A supplemental agreement between the City of Exeter and the Tulare County Association of Governments (TCAG) for said funding was executed on October 26, 2021.
QK Engineering has submitted a proposal and cost estimate that includes two (2) options.
Option #1 includes a very basic sewer master plan update with a rough screening, at a cost of $65,000. Option #2 includes a much more robust update with a fine screening analysis and hydraulic modeling, at a cost of $105,000 QK will perform research, collect and/or calculate all of the required data, and update the City's current Sewer Master Plan to provide for sanitary sewer facilities within the existing developed portions of the City, as well as the future growth areas surrounding the community. As the City's contract City Engineering firm, QK was responsible for the update of the City's Water Master Plan (WMP) and is currently updating the City's Urban Water Management Plan (UWMP) and Storm Drain Master Plan (SDMP). As QK is familiar with the City's infrastructure and systems, and has historically been responsible for completing the City's master plan documents, staff recommends having QK complete the City's pending Sewer Master Plan update.
Fiscal Impact: The City will realize overall savings of $105,000 since the REAP funding will cover the expenditure.
Prior Council/Board Actions: Staff was unable to locate any documented prior Council actions related to the City's Sewer Master Plan
Attachments: QK's proposal
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute an Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $105,000 to update the City's Sewer Master Plan.
City of Exeter
Sanitary Sewer and Wastewater Treatment Plant Master Plan High Level Analysis - no modeling
Tasks:
Review Existing Plans and Related Documents.
2. Attend Meetings.
3. Conduct Analysis. Conduct the following analyses required to address the scope of work:
• Wastewater Flow Projections: This task includes the preparation of a hydraulic analysis of the sewer system to calculate the City's current and projected wastewater flows through the year 2040.
Demand and flow projection methods shall be: 1) land use based and 2) population-based. The Master Plan shall compare the results of the two methods and reconcile them to the City's historic water demand data. The Master Plan shall also include projections for future growth and fire flow needs to meet California Waterworks Standards, California Fire Code, and County requirements. • Evaluation of Existing Facilities: The Master Plan will provide an assessment of critical wastewater infrastructure including sewer lift stations, sewer collection system, and wastewater treatment facility. The Master Plan will identify the evaluation criteria and methodology for the evaluation and will include specific recommendations to each facility. • Capital Improvement Plan Preparation: The Master Plan will summarize the improvements required for the City to serve customers throughout the year 2040 adequately. Prioritization of the upgrades will be established for all the needed improvements. The criteria will be developed based on the nature of each development and how critical it is to the overall sewer system operation.
The following will be conducted:
a. Wastewater Treatment Facility Observations/Evaluations, including:
a. Wastewater loading and quality
b. Wastewater treatment regulations
c. Plant performance and safety
d. Equipment/asset condition assessment
e. Effluent disposal alternatives (reuse or recharge potential) f. Biosolids management
g. Resource Recovery
b. Wastewater Treatment Improvement Alternatives
a. Immediate and Short-Term Response Measures (Years 1-5) b. Long term alternatives (5-10 years +)
c. Collection System Observations/Evaluations, including:
a. Increased maintenance, SSOs, and system failures (or the potential for each) b. System evaluation criteria
c. System asset inventory, age, condition, and maintenance d. Current and future flows with lift station/capacity evaluation e. Gravity sewer and force main flows and capacity
f. Effects of Fats, Oils, and Greases and mitigation opportunities d. Collection System Improvements/Alternatives
Immediate, short term and long-term pipeline improvements b. Immediate, short term and long-term lift station improvements
4. Prepare Administrative Draft Plan, Cost Estimates, and Reports:
5. Prepare Public Review Draft Plans, Cost Estimates, and Reports.
6. Prepare Final Plan Report.
7. Time Schedule. The final report shall be delivered to the District within 180 days or sooner from Notice to Proceed.
8. Public Relations and Outreach. Provide one draft press release and one draft informational flyer summarizing the evaluation, findings, and recommendations of the plan and the importance of its implementation. Provide suggestions to the City for ways to obtain the understanding and support of our customers, jurisdictions, other agencies, and stakeholders for implementation of the plan.
Estimated Cost: $65,000
Sanitary Sewer and Wastewater Treatment Plant Master Plan Detailed Analysis - GIS and Modeling
1 DATA COLLECTION AND REVIEW:
Review City's General Plan including the land use, housing, population, and circulation elements, as well as the following documents and information:
• Relevant electronic maps extracted from the City's GIS • Utility (wastewater) GIS database and/or platt maps with service area boundaries. • Improvement plans/as-built drawings for recent wastewater projects that may not be included in the City's GIS or Platt Maps.
• Design standards or design manuals for the wastewater systems. • Monthly and daily sewer flow measurements at the wastewater treatment plant for the past five (5) years.
• Hourly flow measurement at the wastewater treatment plant for the past 18 months (if available).
Pump station/lift station flow metering data and physical characteristics (invert elevations, wet well size, pump capacities, etc.).
• Recent construction unit costs for pipelines, pump stations, and other relevant infrastructure
• Pump/lift station maintenance records.
2 WWTP EVALUATION
Subtask 2.1 Perform Flows and Loads Analysis
Subtask 2.2 Review Effluent Reuse/Disposal Methods
Subtask 2.3 Review Treatment Technologies
Subtask 2.4 Review Disinfection
Subtask 2.5 Review Schedule and Cost Considerations
Subtask 2.6 Preparation of the Rough Screening Analysis Technical Memorandum (TM) The TM will include, but not be limited to, the following elements:
• Executive summary
• Introduction
• Regulatory requirements
• Design flow and load criteria
• Effluent reuse and disposal alternatives
• Treatment technologies
• Disinfection alternatives
• Other project components
• Environmental and permitting considerations
• Schedule and cost considerations
• Appendices
Subtask 2.7 Perform Fine Screening of Alternatives
We will develop alternatives for project configurations based on combinations of the most viable project components identified in the Rough Screening Analysis. We will evaluate the engineering aspects of each alternative project component, such as design criteria, process sizing, reliability, ease of operation and maintenance, scalability to growth, geographical footprint, ease of obtaining permits, and environmental impacts. We will prepare capital cost estimates for initial investment and repair/replacement, and annual operation and maintenance cost estimates for the various alternatives. We will also provide preliminary layouts of the short-listed project components, including conceptual site plans and hydraulic profiles. The final screening of alternatives, including cost estimates and schedule considerations, will be documented in a Fine Screening Analysis TM.
We will hold a single meeting with key City staff to present the results of the detailed evaluation developed as a part of this task. Conceptual level site plans and cost estimates will be presented so that the City can provide direction for moving forward.
Subtask 2.8.2 Prepare Project Cost Estimates
Subtask 2.8.3 Preparation of the Fine Screening Analysis TM Subtask 2.8.4 Conduct Fine Screening Analysis Workshop
3 WASTEWATER COLLECTION SYSTEM EVALUATION
Subtask 3.1 - Update Utility Mapping for Hydraulic Model Electronic mapping will begin with utilizing an existing base map provided by the City. We will work with the City to confirm existing facilities in order to create the City's utility hydraulic models. ArcView (GIS) is the graphical environment that will be used for the mapping tasks. The electronically produced maps will be compatible and suitable for use in the City GIS system.
Subtask 3.2 - Design Standards and Planning Criteria
Subtask 3.3 Hydraulic Modeling, Systems Evaluations, and Operational Enhancements Subtask 3.3.1 Develop Hydraulic Model
We will utilize the City s GIS data, as verified in a previous task to assemble the sewer system facility maps.
The utility maps (GIS) will be used to develop the corresponding hydraulic model. The model and relevant data will be compatible with existing City's GIS software.
Subtask 3.3.2 Calibrate Hydraulic Model
The model will be calibrated to both dry and wet weather conditions for flow, velocity, and level at all the metering sites. The calibration will be based on the Wastewater Planners Users Group (WaPUG), model calibration standards. We will present the model calibration to the City at a project meeting. Once calibration has been achieved, the systems can then be evaluated using the selected hydraulic models.
Subtask 3.3.3 Evaluate Existing Systems
Subtask 3.3.4 • Provide Recommendations for Systems Enhancements Subtask 3.3.5 Provide Recommendations for Systems Expansion Subtask 3.3.6 Workshop No. 1 - System Evaluation and Recommended Improvements Subtask 3.3.7 Prepare Draft TM No. 1 - Facilities Evaluation and Recommended Improvements Task 4 - Capital Projects (Sanitary Sewer System)
Subtask 4.1 - Capital Projects Prioritization:
The projects will be identified based on the expected development patterns and target growth areas identified by the City. It should be noted that the proposed projects will distinguish between the improvements needed to correct existing deficiencies and those needed to service future developments.
Improvements will be prioritized based on severity of deficiency being corrected and timing of service to future users. Costs associated with each proposed improvement will be based on recommended unit costs approved by City staff. Improvements will be including details of the repair process, supporting equipment, staffing and an evaluation of using contractors compared to City staff.
Subtask 4.2 - Prepare Draft TM No. 2 - Capital Improvement Program Task 5 - Report Preparation and Adoption
This project will produce a single document that will be the main planning document for the City's WWTP and collection system. The master plan will be a culmination of the individual TMs produced for both the WWTP and collection system evaluations.
Subtask 5.1 - Prepare and Submit Draft Master Plan Report:
Subtask 5.2 - City Staff Review of Draft Master Plan Report:
Subtask 5.3 - Prepare and Submit Final Master Plan Report Subtask 5.4 - Presentations to Council
Estimated Cost: $105,000
City of Exeter
Agenda Item Transmittal
Meeting Date: March 22, 2022
For action by:
Agenda Item Number: X City Council
Regular Session:
Wording for Agenda: Authorize the City Administrator to negotiate X Consent Calendar and execute an updated agreement with Central Cal Waterworks of Regular Item Fresno, CA to provide Contract Chief Operator services for the City's — Public Hearing Wastewater Treatment Plant and Water Distribution System at a base monthly rate of $17,084.50. Review:
Submitting Department: Public Works
Contact Name: Daymon Qualls
Phone Number: 592-3318
Email: [email protected]
Department Recommendation:
Staff recommends that the City Council authorize the City Administrator to negotiate and execute an updated agreement with Central Cal Waterworks of Fresno, CA to provide Contract Chief Operator services for the City's Wastewater Treatment Plant and Water Distribution System at a base monthly rate $17,084.50.
Summary:
The agreement with Central Cal Waterworks Inc. (CCW) to provide Contract Chief Operator services for the City's Wastewater Treatment Plant (WWTP) and Water Distribution System expired in October of 2019. Since that time, CCW has continued to provide said services on a monthly basis at the previously approved rate of $6,233.
On March 10, 2022, CCW met with staff to discuss the terms of continued services. CCW outlined, among other things, the time requirement of operating the City of Exeter's systems.
Because of the required daily site visits and associated documentation of the City's six (6) active well sites and WWTP, the required weekly, monthly, and quarterly sampling and reporting of both systems, CCW's staff spends on average approximately six (6) hours per day in the City of Exeter. CCW explained that they have expanded their operations to include contract operator services for a number of other entities, including several cities in Tulare County, whose contracts include up to date pricing for such services. Accordingly, CCW indicated they can no longer honor the pricing proposed to the City of Exeter back in 2018.
CCW presented staff with a proposal with updated pricing for continued services at a monthly rate of $17,084.50 for a three (3) year period. That proposal is attached to this staff report for reference. Staff compared the pricing with what the City of Farmersville is currently paying CCW ($26,479 per month) for Contract Chief Operator services and two (2) full-time WWTP operators. Staff's comparison of the pricing and service levels concluded that CCW's proposal to the City of Exeter is consistent with what other cities are paying for similar Contract Chief Operator Services
In should be noted that Central Cal Waterworks Inc. specializes in the day-to-day management, operations, and maintenance of community water systems, wastewater treatment facilities, distribution systems, and storm water management. They are staffed with a highly trained, and appropriately certified, operators who can be available for on call services twenty-four (24) hours a day, seven (7) days a week. Central Cal Waterworks Inc. is in negotiations with the City of Visalia to provide Contact Chief Operator services, and they are currently under contract for such services with the County of Tulare, the City of Tulare, the City of Farmersville, and many other private and district utilities.
While this represents a large increase in this cost, there is also a growing responsibility associated with meeting ever-increasing regulations and requirements for these systems.
Having this contract in place provides the City with a consultant that is responsible for ensuring operation and reporting of the City's water and sewer systems in compliance with State requirements. As always staff will continue to explore and evaluate options and costs for Chief Operator services; however, if a more favorable alternative is identified, it would take some time to make a transition.
Background:
The City of Exeter's water distribution system is classified as a D3 system which requires that someone with a minimum of a Water Distribution Operator 3 (D3) certificate act as the Chief Operator. In 2013, the State Water Resources Control Board re-classified the City's wastewater treatment plant (WWTP) from a Class I! to a Class I!!. The re-classification changed the minimum operator certification requirement from a Grade Il to a Grade III. The City was given one (1) year to staff the WWTP with a certified operator with the appropriate grade level.
Until September of 2014, the City employed an in-house Chief Operator who held the state required certifications for both the WWTP and the Water Distribution System. That operator, who held a D3 certification in water and a Grade Il in Wastewater retired prior to the compliance deadline. After his retirement, the City hired a private contractor to serve as its contact Chief Operator for both the WWTP and the Water Distribution System. The contractor held all of the required certifications and, as a former City of Exeter employee, was very familiar with the City's water system and WWTP. After serving as the City's contract Chief Operator for three years, he resigned in October of 2017.
At the recommendation of the City of Tulare, Central Cal Waterworks Inc., a Fresno based company, was contacted and a meeting was held to discuss a potential agreement for Contract Chief Operator services. Central Cal Waterworks' staff toured the City's WWTP and well sites to gain a better understanding of the operational needs. Central Cal Waterworks Inc. submitted a proposal for Contract Chief Operator services to cover both the WWTP and the Water Distribution System at a rate of $2,000 per month. Because of the extra work involved in filing the necessary paperwork with the State, getting familiar with the City's WWTP, Water Distribution System, and personnel, a onetime set up fee of $2,000, for a total of $4,000 for the first month of service, was proposed. On October 24, 2017, the Council authorized the execution of an agreement with Central Cal Waterworks for said services at the proposed rates.
Due to the lack of in-house certified operators, and following a water monitoring violation in May of 2018, staff requested for Central Cal Waterworks to take a more active role in the day-to-day operations and oversight of the City's water and sewer systems, including all required bacteriological sampling, delivery, and reporting. In response to staff's request, Central Cal Waterworks submitted for consideration, an amendment to their original agreement. The amendment provided for more on-site presence, all required bacteriological sampling, delivery, reporting, and system oversight, at a monthly rate of $5,000 The amendment also included the required sampling of the WWTP monitoring wells at a monthly cost of $1,233.33. Council authorized said amendment on May 22, 2018.
Fiscal Impact: These services will be paid for from the water and sewer funds Prior Council/Board Actions:
On October 24, 2017, the Council authorized the execution of an initial agreement with Central Cal Waterworks, Inc. for Contract Chief Operator services for the City's Wastewater Treatment Plant and Water Distribution System.
On May 22, 2018, the Council authorized an amendment to the initial agreement.
Attachments: Proposal from Central Cal Waterworks, Inc.
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to negotiate and execute an agreement with Central Cal Waterworks of Fresno, CA to provide Contract Chief Operator services for the City's Wastewater Treatment Plant and Water Distribution System at a base monthly rate $17,084.50.
CENTRAL CAL
/ WATERWORKS, INC
MANAGEMENT O OPERATIONS O MAINTENANCE
www.centralcalwaterworks.com
CENTRAL CAL WATERWORKS INC. CONTRACT AMMENDMENT
FOR CITY OF EXETER WWTF AND POTABLE WATER SYSTEMS
WHEREAS the City of Exeter, is desirous to contract for the services of a certified Chief Wastewater Treatment Plant Operator, Chief Water Distribution Operator and Chief Water Treatment Operator; and
WHEREAS City of Exeter, is not capable of performing the duties required of a certified Chief Wastewater operator or Chief Distribution Operator or Chief Water Treatment Operator in the State of California, and
WHEREAS, said City of Exeter and Central Cal Waterworks Inc. have entered into an agreement for services for such position of certified Chief Wastewater Treatment Plant Operator and Chief Distribution Operator on the following terms and conditions:
1. Central Cal Waterworks Inc. is and shall continue to be the holder of SWRQB Grade V Wastewater Treatment Plant Operator Certificate # 28578, AND Water Distribution Facility located at City of Exeter.
2. The parties herein agree that Central Cal Waterworks Inc. will be responsible for the role of Chief Plant Operator of the City of Exeter Wastewater Treatment Facilities, Chief Operator of Distribution water systems in accordance with the rules and regulations of the California State Water Resources Control Board.
3. Central Cal Waterworks Inc. hereby agrees to act as the Certified Chief Wastewater Treatment Plant Operator for said City of Exeter Domestic Wastewater Treatment Facility and Water Systems for the City of Exeter.
4. It is further agreed among the parties herein that Central Cal Waterworks Inc. is and shall be an Independent Contractor of the City of Exeter.
5. It is further agreed that this shall be effective on March 1" 2022 and shall be fully operative and binding on all parties until February 28th
6. That said parties agree to the requirements set forth in Exhibit 1 to this agreement regarding the responsibilities of both parties.
7. The City of Exeter shall pay Central Cal Waterworks Inc. a monthly routine fee of $17,084.50 for Central Cal Waterworks Inc. to serve as Chief Wastewater Plant Operator of said City of Exeter Wastewater Treatment Facility and potable water systems.
8. An annual increase of fees of 3.5% on March 1 of 2023, 2024,2025.
9. Payment for services: City of Exeter shall pay Central Cal Waterworks Inc. on or before the fifteenth (15"*) day of each month for previous month's services.
10. Laboratory fees and chemicals used in the routine operation of the water and wastewater systems are not included in this agreement.
11. Emergency calls will be charged at current rate schedule, see attached.
12. Access to Equipment: City of Exeter agrees to permit the agents and representatives of Central Cal Waterworks Inc. to have access to the facilities and equipment at any time for the sole purpose of performing the services.
13. Entire Agreement: This agreement and attachments represents the entire agreement between Central Cal Waterworks Inc. and City of Exeter and supersedes any prior written or oral representations.
14. City of Exeter is bound by this agreement and any documents incorporated therein so far as they relate in any way, directly or indirectly, to the services, equipment and materials furnished by Central Cal Waterworks Inc. for City of Exeter. Also it is understood and agreed by all the parties hereto that City of Exeter shall not hire or offer employment to any existing or former Central Cal Waterworks Inc. employee having any involvement with the services described in this Agreement. The provisions of this paragraph shall remain in effect for a period of two (2) years following termination of this agreement.
15. Additional Services, or Calls: If City of Exeter requests Central Cal Waterworks Inc. to perform any services or to provide any materials other than those specified in this agreement, City of Exeter shall pay Central Cal Waterworks Inc. for such additional services or materials at Central Cal Waterworks Inc. current rate schedule or future rate schedule updates in addition to the charges provided for in this agreement.
16. The term of this agreement shall commence as of the date of March 1st. 2022 and shall continue in full and effect for 36_months. Central Cal Waterworks Inc. can cancel this agreement at any time with 30 days written notice to City of Exeter.
17. Warranty Disclaimer: Under no circumstances shall Central Cal Waterworks Inc. have any warranty obligation express or implied, including warranty for a particular purpose or merchantability, beyond that which is expressly provided by the manufacturer of the equipment or materials furnished by Central Cal Waterworks Inc. to the City of Exeter.
Limitation of Liability: The liability of Central Cal Waterworks Inc. is expressly limited to the amount of compensation paid to Central Cal Waterworks Inc. by the City of Exeter. In no event shall Central Cal Waterworks Inc. be liable for consequential or incidental damages of any kind.
18. Attorney Fee and Costs: City of Exeter and Central Cal Waterworks Inc. agree that each party shall pay all their own costs and expenses including attorney's fees and legal expenses incurred in connection with any dispute arising out of this Agreement whether suit is filed
19. Venue and Jurisdiction: If any legal proceeding or other legal action relating to this agreement is brought or otherwise initiated, venue shall be in Fresno County Superior Court, California which shall be deemed a convenient forum. The parties to this agreement expressly and irrevocable consent and submit to the jurisdiction of the courts of the State of California.
20. Successors and Assigns. This agreement may not be assigned nor delegated by either party without the written consent of the other party. The provisions of this agreement are binding on the parent, subsidiary, and successor companies of the City of Exeter:
21. Partial Invalidity: If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
This is entered effect_ _day of_ ,2022 by the parties herein below mentioned.
_Title_ _Date_
Administrative Contact
City of Exeter
_Title President _Date
Jason Sherrell
Central Cal Waterworks Inc.
EXHIBIT 1
Information Regarding Parties Involved:
Wastewater and Water Supply Information:
City of Exeter
System ID #:
City of Exeter
Daymon Qualls
(559) 592-3318
Email: dqualls@exetercityhallcom
Certified S.W.R.C.B Wastewater Treatment Operator
Jason Sherrell: Central Cal Waterworks Inc.
California State Water Resources Control Board
Wastewater Treatment Operator: Grade V Cert # 28579:
Water Treatment Operator Grade T-3 Cert # 29746:
Water Distribution Operator Grade D-3 Cert # 29993
P.O. Box 1088 Auberry CA, 93602
Phone: (559) 575-5627
Email: [email protected]
Starting Date of Agreement:
Contract Duration: March 1S. 2022 - February 28t. 2025
2. The Duties and Responsibilities of Each Party Involved:
City of Exeter
Wastewater Duties and Responsibilities will include but not be limited to:
A. Provide materials for correcting any maintenance and/or operational problems.
B. Provide necessary monetary funds to cover the costs of requirements outlined in A.
C. Ensure that all projects requiring construction and operating permits meet State Contractors Board Agency requirements.
D. Provide a spare parts inventory.
E. Must maintain and on file for five years all monitoring reports. These records and reports include, but are not limited to:
- Annual Wastewater reports
- Discharge Monitoring Reports
- Monthly Operating
F. Maintain copies of all pertinent reports and records at the treatment plant or other on-site facility.
G. Responsibility for ordering chlorine for potable water system.
H. Daily well checks.
I. Daily Chlorine residual from one representative sample site in system.
Maintain daily well production readings.
Service Agreement Central Cal Waterworks Inc. duties and responsibilities will include:
A. Act as Chief Wastewater Treatment Plant Operator
B. Performing the required daily routine operations of Exeter Wastewater Treatment Facility.
Monday through Friday excluding holidays and weekends and all holidays which are observed by the City of Exeter.
C. Maintaining proper records of the specified visits.
D. In addition to the specified visits, the Central Cal Waterworks Inc. must also ensure a means of communication to regulatory agencies in the event of routine or emergency operational problems.
E. Ensure by personal action or by directives to system personnel that system is being operated in a manner that provides for the proper production of wastewater and potable water.
F. Ensure by personal action and by directives to system personnel that all necessary and required routine operational control testing is being performed.
G. Issue notices which include notification to the State Water Resources Control Board regional office, and the local and/or county public health department, per regulatory guidelines.
H. Responding to Agency requests for information, site visits, or any other requested data.
1. Ensure that all WDR permit samples are taken in compliance with California State Water Resources Control Board.
J. Must maintain and submit by required date to the State Water Resources Control Board all required operating records and reports. These records and reports include:
-Discharge Monitoring Reports
-Monthly Operating Reports
-CCR
K. Act as Chief Distribution Operator performing the required number of visits (once per week 6 hours including sampling for water system.)
L. Maintain proper records of the specified visits.
M. In addition to the specified visits, the contractual operator must also ensure a means of communication for the community water supply and/or regulatory agencies in the event of routine or emergency operational problems.
N. Ensure by personal action or by directives to system personnel that system is being operated in a manner that provides for the proper production and distribution of potable water.
O. Ensure by personal action and by directives to system personnel that all necessary and required routine operational control testing is being performed. *. Issue boils orders (when required). This includes notification of affected water system City of Exeter s by appropriate means, Stare Water Resources Control Board regional office, and the local and/or county public health department, per regulatory guidelines. . Issue public notices (when required). This includes notification of affected water system City of Exeter s, the State Water Resources Control Board regional office and local and/or county public health department. The State Water Resources Control Board regional office Drinking Water must also be notified in certain situations.
R. Provide manpower for the collection of all required samples and submission of these samples to a certified laboratory for analyses.
S. Must maintain and submit in a timely matter to the Agency all required operating records and reports. These records and reports include:
-Drinking Water Compliance Monitoring Reports
-Discharge Monitoring Reports (if applicable)
- Monthly Operating Reports
Central Cal Waterworks Inc.
On call 24 hours a day 7 days a week for emergency response to any issues related to the Water and Wastewater Treatment Facility
CENTRAL CAL
WATERWORKS, INC.
RATE SCHEDULE EFFECTIVE JANUARY 1t, 2022
LABOR WASTEWATER TREATMENT HOURLY RATE OVERTIME RATES /
OPERATOR EMERGENCY CALL OUT
CHIEF PLANT OPERATOR $125.75 $188.62
OPERATOR GRADE V $125.75 $188.62
OPERATOR GRADE IV $115.75 $173.62
OPERATOR GRADE III $105.75 $158.62
OPERATOR GRADE II $95.75 $143.62
OPERATOR GRADE I-OIT $95.75 $143.62
COLLECTION SYSTEM MAINTENANCE / $95.75 $143.62
INSPECTION
CHIEF OPERATOR $125.75 $188.62
WATER TREATMENT OPERATOR T-3 $125.75 $188.62
WATER TREATMENT OPERATOR T-2 $105.75 $158.62
WATER TREATMENT OPERATOR T-1 $95.75 $143.62
WATER DISTRIBUTION OPERATOR D-3 $125.75 $188.62
WATER DISTRIBUTION OPERATOR D-2 $105.75 $158.62
WATER DISTRIBUTION OPERATOR D-1 $95.75 $143.62
ELECTRICAL $125.75 $188.62
MAINTENANCE MECHANIC $105.75 $158.62
EMERGENCY CALL OUT 1.5 TIMES HOURLY RATE PER
AFTER NORMAL WORKING HOURS 3:30 MAN HOUR
PM TO 7:30 AM
EQUIPMENT DELIVERY FEE $250.00 $250.00
SKID STEER 289C CAT $175.00 / hour $175.00
MINI EXCAVATOR JOHN DEERE 35D $150.00/hour $150.00
SEPTIC PUMP TRUCK Per Job T/M Per Job T/M
TRAILER HYDRO FLUSHER FOR $195.00/hour $195.00
COLLECTION SYSTEM CLEANING
CRANE TRUCK $250.00 / hour plus mileage $250.00 / hour plus mileage
DUMP TRUCK RENTAL RATE PLUS MILEAGE RENTAL RATE PLUS
MILEAGE
GENERATOR $50.00 PER DAY $50.00 PER DAY
AIR COMPRESSOR $50.00 PER DAY $50.00 PER DAY
MILEAGE FOR REGULAR VEHICLE $0.58 PER MILE $0.58 PER MILE TRAILER 20 FOOT $375.00 PER DAY $375.00 PER DAY
MANAGEMENT • OPERATIONS O MAINTENANCE
+60-0400000-0001010460
www.centralcalwaterworks.com
CENTRAL CAL
/ WATERWORKS, INC.
PROPOSED OPERATIONS AND MAINTENANCE BUDGET FOR CITY OF
EXETER WASTEWATER RECLAMATION PLANT AND CHIEF WATER
DISTRIBUTION OPERATOR
OPERATIONS WASTEWATER WORK PREFORMED
MONTHLY
Routine Operations/ $9587.50 Rate is based on one Operator Maintenance Labor of WWTF and and Chief Plant operator for Water Distribution system routine operations of
Wastewater Treatment
facility. Weekly Sampling of
Chief Plant Operator Wastewater $3,132.00 Serving as Chief Plant Chief Distribution Operator Water $3,132.00
System
Monitoring Well sampling $1,233.00 Sampling of monitoring wells TOTAL MONTHLY $17,084.50
Emergencies and call outs / non- All emergency call outs, and any non-routine operations routine maintenance. will be billed on a time and material basis at Central Cal Non-Routine / emergency call outs Waterworks Inc. current rate schedule. will be from 3:30 PM to 7:30 AM
on weekdays. Any call outs on
Weekend and Holidays will also be
included.
MANAGEMENT • OPERATIONS 0 MAINTENANCE
www.centralcalwaterworks.com
City of Exeter
Agenda Item Transmittal
Meeting Date: March 22, 2022
or action by
Agenda Item Number: 11 X City Counc
Regular Session:
Wording for Agenda: Discussion/Consideration of authorization to _ Consent Calendar proceed with development of an ordinance and permitting process to X_ Regular Item allow the establishment of a medicinal treatment center for the - Public Hearing provision of medically prescribed cannabis products for terminally ill children and disadvantaged adults. Review:
City Administrato
Submitting Department: City Attorney's Office Initials Required Contact Name: Julia M. Lew
Phone Number: 559.734.6729
Email: [email protected]
Department Recommendation:
That the City Council discuss and consider whether to direct staff to move forward with amendments to the city's prohibitions on cannabis businesses to allow the establishment of a medicinal treatment center for the provision of medically prescribed cannabis products for terminally ill children and disadvantaged adults.
Summary/Background:
In 2018, the State of California enacted the 2016 voter-initiative legalizing cannabis for adult use and commercial sales. A stipulation of the ensuing State regulations allowed for local counties/municipalities to decide whether to allow commercial cannabis activities to operate in their respective jurisdiction. The City Council of Exeter voted and enacted ordinance 663, which prohibits all commercial cannabis activities within the city. This includes all cultivation, manufacturing, distribution and retail sales of cannabis.
A couple of years ago, the City received a request from Biolife West to consider the development of an ordinance and permitting process to allow the establishment of a medicinal treatment center for the provision of medically prescribed cannabis products for terminally ill children and disadvantaged adults. The company's representative, Don Anderson, has been working with the State of California to determine the proper State licensing for its facility and received guidance that the appropriate State cannabis license would be an M (Medicinal) - Type 12 Microbusiness license. To qualify as a Type 12 Microbusiness, the licensee must engage in a minimum of 3 of the following activities: 1) retail (storefront or non-storefront), 2) distribution, 3) cultivation (less than 10,000 sq. ft.), 4) transport, and manufacture. Biolife's proposal involves the formulation (manufacture) and provision of cannabinoid treatments (transport and retail).
Mr. Anderson presented its treatment center concept to the City Council on May 14, 2019. He emphasized the medical and scientific evidence highlighting the medicinal benefits of cannabis when used appropriately under the guidance of a medical practitioner. He provided that many of the patients in Exeter and the surrounding communities who rely on medically prescribed cannabis products are terminally ill children and disadvantaged adults, of which most have very limited access to safe cannabis formulations and accurate consultation for use supervised by medical professionals. He proposed that the City consider developing a pathway for the creation of an exception to the City's current cannabis ban, and that the City authorize a permit for a qualified applicants) meeting select criteria.
To do this, the City would need to amend its current regulations, found in Chapter 8.50 of the City Code of Ordinances, and its Zoning Ordinance (to specify where the proposed center could be located). A limited exception can be created and set forth in the Chapter, with the explicit limitations on the activities of the Microbusiness specified and even the number of such businesses to be allowed set forth. Mr. Anderson is proposing that the center be located in the downtown area in a professional office setting given the highly specialized nature and purpose of the facility. The City Attorney recommends that if the Council desires to amend its regulations to allow the potential approval of the proposed business, that the City Council require a CUP related to the locating of the business, and additionally a cannabis business operating permit, be required.
Fiscal Impact: Minor cost related to updating the City's ordinance.
Prior Council/Board Actions: Presentation by Mr. Anderson on May 14, 2019.
Attachments: Chapter 8.50 of the City of Exeter Code of Ordinances Recommended motion to be made by Council/Board: I move to direct staff to either; 1) Take no action; or
2) Move forward with amendments to the City's prohibitions on cannabis business to allow the establishment of a medicinal treatment center for the provision of medically prescribed cannabis products for terminally ill children and disadvantaged adults. 3/15/22,5:14 PM Exeter, CA Code of Ordinances
Chapter 8.50 - MEDICAL MARIJUANA
Sections:
Footnotes:
- 17) -
Editor's note—— Ord. 683 §§2, 3, adopted Nov. 14, 2017, amended Ch. 8.50 in its entirety to read as herein set out. Former Ch. 8.50 $§ 8.50.010—8.50.060, pertained to similar subject matter and derived from Ord. 680 §2, adopted Jan. 26, 2016.
8.50.010 - Legislative findings and statement of purpose.
A. The city council finds that the restrictions on personal cannabis cultivation, drying, harvesting, processing, smoking and use, and prohibitions on commercial marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the city and its community. The city council's prohibition of such activities is within the authority conferred upon the city council in its Charter and state law.
B. The purpose of this chapter is to restrict personal cannabis cultivation, drying, harvesting, processing, smoking, and use, consistent with permitted local regulation under state law, and to expressly prohibit the establishment of commercial cannabis uses in the city. (Ord. 68353, 2017)
8.50.020 - Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Cannabis" (and/or "marijuana") means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. "Cannabis" or "marijuana" also includes cannabis that is used for medical, non-medical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
B. "Cultivation" means any activity involving the growing, planting, harvesting, drying, curing, grading, trimming, or processing of cannabis.
C. "Processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates. 1/4
3/15/22,5:14 PM Exeter, CA Code of Ordinances
D. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also ir the use by a retailer of any technology platform owned and controlled by the retailer.
E. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as they may be amended from time to time.
F. "Manufacture" means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product.
G. "Concentrated cannabis" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.
H. "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.
I. "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to, concentrated cannabis; or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
J. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, of any provision of state law that regulates the licensing of cannabis businesses. It also includes cannabis dispensaries, cooperatives or collectives.
K. "Private residence" means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
L. "Cannabis dispensary" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers, whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis to any person for any reason, including members of any medical cannabis cooperative or collective.
M. "Cannabis (or marijuana) collective" or "cooperative or collective" includes any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act) of California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
N. "Cannabis accessories" means any equipment, products, or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, 2/4
3/15/22,5:14 PM Exeter, CA Code of Ordinances
storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
(Ord. 683 53, 2017)
8.50.030 - Prohibited uses and activities.
A. Commercial cannabis activity, whether or not for profit, is prohibited in all zones, specific plans areas, and overlay zones of the city. No person shall establish, operate, maintain, conduct, allow or engage in commercial cannabis activity anywhere within the city. To the extent this prohibition conflicts with any other provision of this Municipal Code, this prohibition will control.
B. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the city.
C. Subsection A above shall prohibit all activities for which a state license is required pursuant to MAUCRSA, as the same may be amended from time to time. Accordingly, the city shall not issue any permit, license, or other entitlement for any activity for which a state license is required under the MAUCRSA, as the same may be amended from time to time. The city shall also not issue any local license to a nonprofit entity pursuant to California Business and Professions Code Section 26070.5.
D. To the extent not already prohibited by subsection A above, all deliveries of cannabis or cannabis products, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
E. No personal (noncommercial) cannabis cultivation shall be allowed outdoors within the jurisdictional limits of the city.
F. The smoking, ingesting, or use of cannabis or cannabis products is prohibited in all public places, in all locations where smoking tobacco is prohibited, and on all business properties or within business facilities within the jurisdictional limits of the city, unless otherwise expressly authorized by city regulation, or required to be allowed by state law.
(Ord. 683 83, 2017)
8.50.040 - Exceptions.
A. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person twenty-one years of age or older from:
1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, not more than twenty-eight and one-half grams of cannabis not in the form of concentrated cannabis; 3/4
3/15/22, 5:14 PM Exeter, CA Code of Ordinances
2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated car
3. Smoking or ingesting cannabis or cannabis products except as prohibited by California Health and Safety Code Section 11362.3 (and as restricted by this chapter);
4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty-one years of age or older without compensation whatsoever; or
5. Engaging in the cultivation of six or fewer live cannabis plants within a single private residence, or inside an accessory structure located upon the grounds of a private residence.
B. This chapter shall also not prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to MAUCRSA.
(Ord. 683 83, 2017)
8.50.050 - Public nuisance.
Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 68393, 2017)
8.50.060 - Violations.
Any violation of this chapter shall be punishable and subject to remedies as any other code violation and as provided in this Code, including but not limited to, Chapters 1.12, 1.13, and 8.24. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in the Municipal Code, no provision of Chapters 1.12, 1.13, 8.24 or this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under the Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. 683 53, 2017)
8.50.070 - Severability.
In any section, subsection, sentence or clause of this chapter is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 683 53, 2017)
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City of Exeter
Agenda Item Transmittal
Meeting Date: March 22, 2022
For action by:
Agenda Item Number: 12 X City Council
Wording for Agenda: Adopt Resolution 2022-06 Amending the Budget for Fiscal Year 2021/2022. Regular Session:
Consent Calendar
Submitting Department: Finance x Regular Item
Contact Name: Rainbow Moore, Finance Director — Public Hearing Phone Number: 559-592-2755
Review:
Email: [email protected]
City Administrator
Department Recommendation: (Initials Required)
Staff recommends that Council adopts Resolution 2022-06 OBE authorizing the following 2021/2022 budget modifications: - 1) Approve an appropriation increase of $291,000 for
the Sanitation Fund (106) expenditure to account for the cost increases of the new contract authorized by Council in December 2021 that had additional scope of work to cover SB1383 (Resolution 2021-34).
2) Reaffirm the Council approval (Resolution 2021-10) for the Business Improvement Fund transfer into the General Fund-Restricted by approving the appropriation increase by $634,933.
3) Approve establishing a new CDBG Covid Business Assistance Fund (129) to effectively administer the newly approved grant program (Resolution 2021-02) and approve the new appropriation of $155,000.
4) Approve establishing a new American Rescue Plan Fund (142) to reaffirm the Council approval (February 10, 2022) for the ARPA expenditure plan for FY2021- 2022 by approving the new appropriation of $578,000.
Summary:
Over the last several years, the City has made a concerted effort to improve the financial condition of the City. Despite the continued challenges from the Covid-19 pandemic during the fiscal year, the City continues to exercise fiscal discipline to adhere to the budgeted expenditures; therefore, it is anticipated that the general fund will remain balanced at fiscal yearend without the need to utilize additional revenues. The City Council continues to utilize the adopted seven financial policies to guide the City towards stronger financial health.
1. Pass a Balanced Budget
2. Build minimum Budget Reserve of 25% of expenditures (all operating funds)
3. Use one-time and unexpected revenues to build reserves or for capital or special projects
4. Enterprise Rates should be set to recover operating costs
5. Investment Policy will keep cash liquid and safe
6. Debt Management, debt will be used sparingly
7. Annual Audit, annual financial audit will be conducted timely Based on the eight months' (July 2021 through February 2022) fiscal performance for the the follawing expeniture budge: variance (Table 1) infarmation vat are also included in the report. Council may provide additional direction and input. However, the majority of the proposed appropriation amendments were approved at prior Council meetings as indicated by the "Prior CC Action" column information. If approved, the budget amendment presented today will be effective as of July 1, 2021 for the fiscal year 2021/2022.
Table 1: FY2021-2022 APPROPRIATION REQUEST SUMMARY
FY22 FY2022
FY22 PROPOSED ADDITIONAL ACTION PRIOR CC
FD FUND TITLE BUDGETED APPROPRIATION APPR REQ ITEM? ACTION 104 General Fund 4,861,000 4,861,000 No N/A
105 Water 2,917,000 2,917,000 No N/A
106 Sanitation 1,211,000 1,362,598 (151,598) Yes None
107 Sewer 1,539,000 1,539,000 No N/A
109 Gas Tax 394,400 394,400 No N/A
110 Business Improvement Fund - 634,933 (634,933) Yes Res 2021-10 111 CDBG Program Income 252,000 252,000 - No N/A
113 Transportation 1,407,357 1,407,357 No N/A
116 Housing Fund 10,000 10,000 No N/A
117 HOME Program Income 10,000 10,000 - No N/A
121 Insurance 1,204,000 1,204,000 - NO N/A
124 CDBG Housing Grant 400,000 400,000 No N/A
128 Low/Mod Housing Grant - 50 (50) Yes None
129 CDBG CV Business Assistance 155,000 (155,000) Yes Res 2021-02 131 Measure R 2,335,000 2,335,000 - No N/A
136 | SB1 250,000 250,000 No N/A
137 COPS 148,215 148,215 No N/A
138 PD Donations 10,000 10,000 No N/A
140 Landscape Lighting Dist. 74,000 74,000 - No N/A
141 Measure P 720,100 720,100 No N/A
142 American Rescue Plan - 632,000 (632,000) Yes 2/10/2022 Total: 17,743,072 19,316,653 (1,573,581)
Background:
The City employs over 38 employees in multiple departments to meet the required service and other essential needs of the City of Exeter. Most of the budget relative to the ongoing operations of the City are housed within the General Fund and the Enterprise Funds: Water, Sewer, and Sanitation funds. Therefore, most of the budget process discussions throughout the fiscal years will deal with these four major funds and some other minor funds, as needed.
The Mid-Year Review process is often needed to review the budget status and to make necessary appropriation changes to achieve balanced budget. Despite the continued effect of the pandemic and staffing adjustments, the City of Exeter continues to experience excellent financial performance attributed to the concerted effort towards sound fiscal stewardship.
General Fund:
At fiscal year-end, the general fund expenditure category is anticipated to have nominal savings of $303,518 despite an anticipated significant increase from the Fire Contract cost, which is currently being negotiated. The majority of the savings is from salary savings due to position vacancies. The vacancies have or are being filled; therefore, no further savings are being anticipated. Because the overall expenditure will come under the budgeted appropriation, no budget adjustment for the General Fund expenditures is needed.
Table 2: FY2021-2022 GENERAL FUND EXPENSE PROJECTION
FY21-22 YEAR
END PROJECTED
FY21-22 FY21-22 BUDGET
EXPENSE CATEGORY BUDGETED PROJECTED BALANCE COMMENT ON VARIANCE Building
maintenance 164,838 137,431 27,407
PD radio costs came over the
Capital project exp 45,000 48,927 (3,927) anticipated amount.
Contract services 593,000 559,321 33,679
Dept operating exp 228,885 133,864 95,021
Anticipated contract cost
Fire Dept exp 290,000 345,140 (55,140) increase
Fleet expense 152,100 134,337 17,763
Major operating 40,500 65,965 (25,465) Increase in contract cost Salaries and
benefits 3,274,820 3,059,348 215,472 Vacancy savings
Overall 15% increase in
Utilities 71,660 72,952 (1,292) electricity
Total: 4,860,803 4,557,285 303,518
Sanitation Fund:
As of June 30, 2021, the Sanitation Fund reported a deficit fund balance of ($24,356), which is an improvement from the prior year ($49,144). City Council has directed Alley Repair funding, previously set aside from the franchise portion of these revenues, be reduced to assist in bringing this Fund Balance into a positive position. For five years in a row, the fund has been gradually improving its fiscal health.
For the current fiscal year, the Sanitation Fund is expected to incur an additional cost of approximately $290,000 which is mainly attributed to the new contract authorized by Council in December 2021 that had additional scope of work to cover SB1383 requirements. The additional cost will be fully offset through the Proposition 218 rate increase that occurred in December 2021, therefore, the proposed modification request will not have a negative impact on the overall fund balance.
Table 3: PROPOSED MODIFICATION TO THE SANITATION FUND EXPENDITURE FY22
FY22 PROPOSED FY22
FUND ACCOUNT ACCOUNT DESCRIPTION BUDGETED MOD (INC)/DEC 106.451.015.000 ADVERTISING 8,000 (8,000)
106.451.029.000 ALLEY REPAIR -
106.451.021.004 AUDIT FEES 4,600 6,000 (1,400)
CLOTHING AND PERSONAL
106.451.014.000 EXPENS - 100 (100)
106.451.022.000 CONTRACTUAL SERVICES 966,617 1,213,693 (247,076) 106.451.004.000 DISABILITY INSURANCE -
106.451.034.001 FRANCHISE GENERAL FUND 62,288 67,000 (4,712) 106.451.008.000 HEALTH INSURANCE 7,900 10,000 (2,100)
INSURANCE, BONDS &
106.451.023.000 RETIREMNT 4,200 5,000 (800)
106.451.034.002 LEAF COLL/ST SWEEPING 62,288 67,000 (4,712)
MAINT OF BLDGS STRUCT &
106.451.019.000 GRND 100 100
106.451.022.001 MAINTENANCE CONTRACTS 6,500 9,000 (2,500) 106.451.024.000 MEMBERSHIPS AND DUES - -
106.451.013.000 OFFICE EQUIPMENT EXPENSE - - -
106.451.011.000 OFFICE EXPENSE 12,500 15,000 (2,500)
106.451.033.000 PERSONNEL EXPENSE - - -
106.451.021.000 PROFESSIONAL SERVICES 200 5,000 (4,800) 106.451.005.000 RETIREMENT AND LIFE INSUR 11,400 16,000 (4,600) 106.451.003.000 | SALARIES - OVERTIME - - -
106.451.001.000 SALARIES - REGULAR 46,100 48,000 (1,900) 106.451.002.000 SALARIES - TEMPORARY 3,500 9,200 (5,700) 106.451.006.000 SOCIAL SECURITY-MEDICARE 700 1,000 (300) 106.451.012.000 SPECIAL DEPARTMENT EXPENSE 300 300
106.451.016.000 TELEPHONE 300 300
TRAVEL CONFERENCES &
106.451.025.000 MEETING - - -
106.451.017.000 UTILITIES 6,100 7,000 (900)
106.451.009.000 WORKERS COMP (SELF INS) 7,100 6,000 1,100 Total: 1,202,693 1,493,693 (291,000)
Table 4: PROPOSED MODIFICATION TO THE SANITATION FUND REVENUE FY22
FY22 PROPOSED FY22
FUND ACCOUNT ACCOUNT DESCRIPTION BUDGETED MOD (INC)/DEC
REFUSE COLLECTION & DUMP
106.317.001.000 CHG 1,215,000 1,450,000 (235,000)
106.317.006.000 OTHER REVENUE 10,000 10,000
TRANSFER IN (ARPA)
106.317.076.000 *Premium Pay Offset - 56,000 (56,000)
Total: 1,225,000 1,516,000 (291,000)
Other appropriation changes requests:
The rest of the appropriation changes involve non-major operating funds. They were either already discussed at prior Council meetings and/or are minor in nature. 1) Business Improvement Fund (110): The transfer of the fund balance in the amount of $634,933 into the General Fund-Restricted Fund Balance category was approved via resolution 2021-10. Staff has performed necessary adjustments and now the appropriation for the Fund 110 needs to be reaffirmed at $634,933. 2) Low/Mod Housing Grant (128): A minor program income usage has incurred; therefore, the appropriation for the fund will need to be expanded to reflect the charge. 3) CDBG Covid Business Assistance Grant (129): To effectively administer this new grant funding that was approved via resolution 2021-02, staff set up a new fund, Fund 129.
There have been numerous activities for this program as we partner with Self Help Enterprise to provide much needed financial assistance to the business community.
Two rounds of direct assistance have been already provided at $35,000 each. To be able to incur costs associated with the direct business loan assistance and program implementation and administration (by Self Help Enterprise), staff requests the overall appropriation be increased to $155,000. This increase will be fully offset by the grant funding revenue.
4) American Rescue Plan (142): During July 2021, the first round of the ARPA funding was received in the amount of $1,254,117. The second and final round is anticipated to come in during July 2022. With Council's approval and directions (July 27, 2021, August 10, 2021, August 24, 2021, September 14, 2021, October 26, 2021, and February 10, 2022), the City has incurred $330,000 in premium pay costs and will incur additional costs of $248,000 for much needed City facility repairs, PD portable radio equipment upgrades, an arborist evaluation, and reconstructing the industrial lift station. Therefore, the new fund (142) appropriation needs to be reaffirmed at $578,000 for FY2021-2022 budget purposes.
Fiscal Impact: There is no negative fiscal impact from the proposed appropriation changes.
The increases will be fully offset by the non-general fund revenues. Furthermore, the budget adjustments are necessary to achieve balanced budget for the current fiscal year.
Prior Council/Board Actions: Resolution 2021-02, Resolution 2021-10, and Council discussions on July 27, 2021, August 10, 2021, August 24, 2021, September 14, 2021, October 26, 2021, and February 10, 2022.
Attachments: Resolution 2022-06 Amending the Budget for Fiscal Year 2021/2022 Attachment A: FY2021-2022 Budget Amendment Summary
Recommended motion to be made by Council/Board: I move to approve Resolution 2022- 06 as presented
RESOLUTION 2020-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AMENDING THE BUDGET FOR FISCAL YEAR 2021/2022
WHEREAS, the City of Exeter City Council held a meeting on March 22, 2022 on a budget amendment for the City of Exeter for the 2021-22 fiscal year; and, WHEREAS, the re-appropriation of certain capital projects and operating funds that are encumbered or designated from prior years is necessary; and, WHEREAS, authorization from the City Council is necessary for:
1. The City Administrator to transfer appropriations within fund budgets including salary and capital accounts and staff levels, provided, however, that the total appropriations are not increased thereby.
2. The Finance Director to transfer appropriations among the items within departmental budgets, except for salary and capital accounts.
3. Staff to transfer or lend monies from one fund to another as specified in the budget document.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Exeter, State of California, that the budget amendment for the 2021-2022 fiscal year, as shown on Attachment A, be approved as presented
BE IT FURTHER RESOLVED THAT:
1. The City Administrator is authorized to transfer appropriations within fund budgets including salary and capital accounts and staff levels, provided, however, that the total appropriations are not increased thereby.
2. The Finance Director is authorized to transfer appropriations among the items within departmental budgets, except for salary and capital accounts.
3. Staff is authorized to transfer or lend monies from one fund to another as specified in the budget document.
BE IT FURTHER RESOLVED by the City Council of the City of Exeter that for all funds, for capital projects and/or operating funds that are encumbered or designated from prior years be re- appropriated
BE IT FURTHER RESOLVED by the City Council of the City of Exeter that any currently active cereal projects ed operating funds that do not meet the criteria to be encumbered or designated, Passed, approved, and adopted this 22nd day of March 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attest:
Mayor
City Clerk
Resolution 2022-06
2021-2022 Budget Amendment
Attachment A
FY2021-2022 Budget Amendment Summary
Prepared for 03/22/2022 Exeter City Council
Table 1: FY2021-2022 APPROPRIATION INCREASE REQUEST SUMMARY FY22 FY 2022
FY22 PROPOSED ADDITIONAL ACTION PRIOR EC
FD FUND TITLE BUDGETED APPROPRIATION APPR REO ITEM?
ACTION
104 General Fund 4,861,000 4,861,000 - No N/A
105 Water 2,917,000 2,917,000 - No N/A
106 Sanitation 1,211,000 1,362,598 (151,598) Yes None
107 Sewer 1,539,000 1,539,000 - No N/A
109 Gas Tax 394,400 394,400 No N/A
-
110 Business Improvement Fund - 634,933 (634,933) Yes Res 2021-10 111 CDBG Program Income 252,000 252,000 - No N/A
113 Transportation 1,407,357 1,407,357 N/A
- No
116 Housing Fund 10,000 10,000 No N/A
-
117 HOME Program Income 10,000 10,000 No N/A
-
121| Insurance 1,204,000 1,204,000 - No N/A
124 CDBG Housing Grant 400,000 400,000 - No N/A
Resolution 2022-06
2021-2022 Budget Amendment
128 Low/Mod Housing Grant - 50 (50) Yes None
129 CDBG CV Business Assistance - 155,000 (155,000) Yes Res 2021-02 131 Measure R 2,335,000 2,335,000 - No N/A
136| SB1 250,000 250,000 - No N/A
137 COPS 148,215 148,215 - No N/A
138 PD Donations 10,000 10,000 No N/A
140 Landscape Lighting Dist 74,000 74,000 No N/A
141 Measure P 720,100 720,100 - No N/A
142 American Rescue Plan - 632,000 (632,000) Yes 2/10/2022 Total: 17,743,072 19,316,653 (1,573,581)
Table 2: SANITATION FUND EXPENDITURE MODIFICATION PROPOSAL FY22
FY22 PROPOSED FY22
FUND ACCOUNT ACCOUNT DESCRIPTION BUDGETED MOD (INC)/ĐEC 106.451.015.000 ADVERTISING - 8,000 (8,000)
106.451.029.000 ALLEY REPAIR - - -
106.451.021.004 AUDIT FEES 4,600 6,000 (1,400)
CLOTHING AND PERSONAL
106.451.014.000 EXPENS - 100 (100)
Resolution 2022-06
2021-2022 Budget Amendment
106.451.022.000 CONTRACTUAL SERVICES 966,617 1,213,693 (247,076) 106.451.004.000 DISABILITY INSURANCE - -
106.451.034.001 FRANCHISE GENERAL FUND 62,288 67,000 (4,712) 106.451.008.000 HEALTH INSURANCE 7,900 10,000 (2,100)
INSURANCE, BONDS &
106.451.023.000 RETIREMNT 4,200 5,000 (800)
106.451.034.002 LEAF COLL/ST SWEEPING 62,288 67,000 (4,712)
MAINT OF BLDGS STRUCT &
106.451.019.000 GRNDR 100 100 -
106.451.022.001 MAINTENANCE CONTRACTS 6,500 9,000 (2,500) 106.451.024.000 MEMBERSHIPS AND DUES -
106.451.013.000 OFFICE EQUIPMENT EXPENSE -
106.451.011.000 OFFICE EXPENSE 12,500 15,000 (2,500)
106.451.033.000 PERSONNEL EXPENSE - - -
106.451.021.000 PROFESSIONAL SERVICES 200 5,000 (4,800) 106.451.005.000 RETIREMENT AND LIFE INSUR 11,400 16,000 (4,600) 106.451.003.000 SALARIES - OVERTIME -
106.451.001.000 SALARIES - REGULAR 46,100 48,000 (1,900) 106.451.002.000 SALARIES - TEMPORARY 3,500 9,200 (5,700) Resolution 2022-06
2021-2022 Budget Amendment
106.451.006.000 SOCIAL SECURITY-MEDICARE 700 1,000 (300) 106.451.012.000 SPECIAL DEPARTMENT EXPENSE 300 300
-
106.451.016.000 TELEPHONE 300 300
TRAVEL CONFERENCES &
106.451.025.000 MEETING -
106.451.017.000 UTILITIES 6,100 7,000 (900)
106.451.009.000 WORKERS COMP (SELF INS) 7,100 6,000 1,100 Total: 1,202,693 1,493,693 (291,000)
Table 3: SANITATION FUND REVENUE MODIFICATION PROPOSAL
FY 22
FY22 PROPOSED - FY22
FUND ACCOUNT ACCOUNT DESCRIPTION BUDGETED MOD (INC) DEC
REFUSE COLLECTION & DUMP
106.317.001.000 CHG 1,215,000 1,450,000 (235,000)
106.317.006.000 OTHER REVENUE 10,000 10,000
TRANSFER IN (ARPA)
106.317.076.000 *Premium Pay Offset 56,000 (56,000)
Total: 1,225,000 1,516,000 (291,000)
City of Exeter
Agenda Item Transmittal
Meeting Date: March 22, 2022
For action by:
Agenda Item Number: 14 X City Council
Wording for Agenda: Discussion of current status and direction for local emergency declaration and teleconferencing of City legislative Regular Session:
body meetings. Consent Calendar
X Regular Item
Submitting Department: Administration Public Hearing
Contact Name: Adam Ennis
Phone Number: (559) 592-4539 Review:
Email: [email protected] City Administrator
(Initials Required)
Department Recommendation:
Staff recommends that the City Council discuss current status and give staff direction for the local emergency declaration and teleconferencing of City legislative body meetings.
On March 24, 2020, the Council adopted Resolution 2020-12 proclaiming the existence of a local emergency due to the Novel Coronavirus (COVID-19) subsequent to emergencies being declared by the United States Department of Public Health and Human Services and the State and County Health officials. The local emergency declaration allowed the City some flexibility during the emergency to act quickly as needed for the emergency and had the potential to allow the City to receive funding related to response to the emergency. Under the authority of these emergency declarations, and associated executive orders, the City was also able to begin using, and has continued to use, teleconferencing for the legislative body meetings of the City to comply with social distancing mandates and recommendations throughout the pandemic. On September 16, 2021, AB361 was issued by the State requiring agencies to reaffirm its proclamation of a local emergency, re-ratifying the proclamation of a state of emergency by AB 361 to continue using remote teleconferencing of legislative body meetings. A requirement of AB361 was that it also had to be re-affirmed every 30 days. The AB361 statute is effective until January of 2024.
Recently, Tulare County reported that there have been about 103,000 confirmed cases and 1362 deaths. There have been about 2,200 confirmed cases in Exeter. Vaccines have become increasingly available with distribution and vaccination of residents being a major thrust of the Tulare County Health and Human Services Agency. There have been about 280,000 vaccinations (with at least one dose) in Tulare County. It is estimated that vaccinations have been made available to most residents that desire vaccination. A surge of cases occurred in January, apparently due to the Omicron variant, with active cases increasing from about 1,500 to 15,000 with hospitalizations resulting in about 50% ICU capacity and deaths up but at a much lower rate than early in the pandemic. As of late January, the active cases reached a peak and declined dramatically over the last month to 852 active cases and a positive test rate of 3.3 percent
Due to this decline, and similar declines around the world, many mandates and restrictions have been lifted, such as vaccination requirements and masking, although social distancing is still recommended and maskina and vaccinations for certain groups is required or recommended.
In addition, funding that has been made available due to the pandemic so far has not required that a local emergency be declared as it has in the past and it is not anticipated that it will be required in the future. Some cities in the county have ended their local emergency declarations and others anticipate discontinuing theirs over the next couple of months. Tulare County does not have a local emergency declaration and anticipates ending their AB361 teleconferencing option at the end of the month. Only the Public Health Emergency Declaration made by the health officer is remaining at the County level. Some agencies have or are returning to in- person meetings with some using a hybrid approach (in-person and teleconferencing) due to specific health considerations and public meeting room sizes.
Based on these changes, staff is recommending that the Council discuss and consider options for meeting types for the legislative bodies of the City and continuance of the declaration of local emergency and provide direction to staff. A couple of items the Council may wish to consider in their discussion is the City's public meeting room size. The room can fit seven (7) individuals with social distancing measures remaining in place. If rules are reinstated regarding masking requirements and the City returns back to in-person meetings, those regulations will need to be followed per the City's current COVID-19 policy. The City's policy follows the CalOSHA COVID- 19 Emergency Temporary Standards (ETS) regulations that will expire April 14, 2022. Under California law, A CalOSHA ETS can only be readopted twice, meaning that this twice-readopted emergency regulation should not be extendable beyond April 14t unless the board adopts a permanent regulation. However, it is unknown if the CalOSHA board will rely upon Governor Newsom's executive order dated December 16, 2021, permitting the ETS to be extended through the end of 2022.
Background:
COVID-19 is a respiratory disease which the Centers for Disease Control and Prevention (CDC) considers to be a very serious public health threat with outcomes ranging from mild to severe sickness and death. On March 4, 2020, Governor Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID-19 in the state. 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.
Fiscal Impact: None for this action.
The City has spent about $244,035 on sanitizing, personal protective equipment, technology for virtual meetings, Covid testing, COVID leave pay and retrofitting City facilities for social distancing measures in order to reopen. In addition, the revenue from recreation programs has decreased upwards of $125,000 through the 2019/2020 and 2021/2022 fiscal years.
The City received all four total disbursements of CARES ACT funding through the State for costs incurred to meet orders and guidance. The total CARES ACT funding received by the City was about $136,000. Staff submitted about $40,000 of the expenses mentioned above and about $96,000 for "Preservation of Essential City Services for Residents", which is defined by the CARES ACT primarily as public safety services through the pandemic, for the total of about $136,000 available. The American Rescue Plan Act is providing additional funding through Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), which Council directed staff to focus on premium pay, revenue loss expenses and infrastructure needs. The City of Exeter received the first half of the $2,508,235 on July 13, 2021 and will receive the second half 12 months later.
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 11, February 10, and March 8, 2022, the Council adopted Resolutions 2021-21, 2021-24, 2021-29, 2021-31, 2022-02, 2022-03 and 2022-05 authorizing remote teleconferencing meetings pursuant to AB361.
Attachments: None
Recommended motion to be made by Council/Board: I move to provide direction to staff as discussed regarding the local emergency declaration and teleconferencing of City legislative body meetings.