Exeter City Council
April 26, 2022

EXETER CITY COUNCIL ACTION MINUTES H1
MARCH 22, 2022
A closed session of the City Council, City of Exeter was held on Tuesday, March 22, 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 22, 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, Liz Yarber, 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 Mayor Pro Tem Alves 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.

Erica Pine addressed the Council to request an item be agenized on a future City Council meeting, so she could provide a presentation and receive an endorsement from the Council in support of the Exeter Cemetery District Measure U Measure.

Ed Carroll, President of the Pheasant Run Home Owner Association, addressed the Council to inquire about how to form a Lighting and Landscape District. City Administrator Adam Ennis provided a brief response thereto.

Mike Germaine addressed the Council to advise that they received a donation of new benches for the Exeter Bark Park.

Jennifer Stimpel addressed the Council to express concern with an individual that frequents City Park.

ACTION MINUTES

EXETER CITY COUNCIL

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 with the exception of Item 4.

1. Approve regular minutes of March 8, 2022

2. Payment of Bills

3. Payroll: March 4, 2022

4. Approve request by Exeter, A Festival of Arts Mural Team to close South E Street, from Pine Street to the public parking lot south of the Wildflower Cafe on Sunday, May 8, 2022 from Noon to 10:00 .m. for their annual Garden Party fundraiser. City staff pulled this item to advise Council that the dat for this event had been changed from May 8, 2022 to May 15, 2022. With no discussion, it was moved by Council Member Hails, seconded by Council Member Mills and unanimously carried to approve the item as presented with the date change to May 15, 2022.

5. 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.

6. 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 of $17,084.50.

I. INDIVIDUAL BUSINESS ITEMS

1. Discussion/Consideration of authorization to proceed with 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. City Attorney Julia Lew provided a report for Council's review and consideration. Following discussion, it was moved by Council Member Mills, seconded by Mayor Pro Tem Alves and unanimously carried to direct Ms. Lew to draft an ordinance to allow a microbusiness permitting the medicinal treatment center for medically prescribed cannabis products and to bring back additional information including a timeline and steps for other uses including dispensaries and manufacturing of cannabis.

2. Adopt Resolution 2022-06 Amending the Budget for Fiscal Year 2021/2022. Finance Director Rainbow Moore provided a PowerPoint presentation highlighting the Mid-Year budget report and necessary budget amendments for Fiscal Year 2021/2022. Following brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver and unanimously carried to adopt Resolution 2022-06 as presented.

3. Discuss submittal of a 2022 HOME Investment Partnerships Program (HOME) Application and if submittal desired; 1) Adopt Resolution 2022-07 Authorizing Submittal of an application to the California Department of Housing and Community Development for funding under the HOME Investment Partnerships Program; and if selected, the execution of a Standard Agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Investment Partnerships Program; 2) Adopt Resolution 2022-08 approving the First-Time Homebuyer Acquisition with rehabilitation guidelines and the Owner-Occupied Housing Rehabilitation program guidelines as presented and approved by HCD; and Authorize the City Administrator to enter a Subrecipient Agreement with Self-Help Enterprises, for the administration and implementation of the 2020/2021 HOME Award and HOME Program Income subject to minor conforming and clarifying changes acceptable to the City Attorney. City Administrator Adam Ennis provided a report for Council's review and consideration. Following discussion, it was moved by Council Member Hails, seconded by Mayor Pro Tem Alves and unanimously carried to adopt Resolutions 2022-07 and 2022-08 and authorize the City Administrator to enter a Subrecipient Agreement with Self- Help Enterprises subject to minor conforming and clarifying changes acceptable to the City Attorney Julia Lew.

ACTION MINUTES

EXETER CITY COUNCIL

4. Discussion of current status and direction for local emergency declaration and teleconferencing of City legislative body meetings. City Administrator Adam Ennis provided a report for Council's revien and consideration. Following discussion, it was the consensus of the Council to no longer continue the local emergency declaration and to direct staff to provide an option for Council to attend in person or via J. CITY COUNCIL ITEMS OF INTEREST
Council Member Mills reported on the Tulare County Economic Development Corporation meeting he attended.

Mayor Pro Tem Alves reported on a TCAG meeting he attended on Monday. Mayor Sally reported on the Council of Cities Selection Committee meeting.

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 8:45 p.m.

Shonna Oneal City Clerk
H2

AVENU FINANCIAL SYSTEM CITY OF EXETER
4/05/2022 9:44:33 Payments for Publication GL335R-V08.17 PAGE Approved on 3/24/2022 for Payments Through 3/24/2022
Vendor Name Description Amount
ADA ST HEAR POLARE SERVICES PPOTTY RNTL 3/13-4/9/22 105.30 313.00
AFLAC FEB 2022 AFLAC PREM 3,675.68
AIR QUALITY COMPLIANCE SOLU ASBESTOS FIRE DAMAGED 750.00 ALLDRITT/ EDDIE & LISE 66.97
AMERICAN BUSINESS MACHINES CH-3/24-4/23/22 BASE RAT 45.70 AT&T MOBILITY 02/3-03/02/2022 396.63
MARCH COBRA ADMIN FEE 30.00
BLUE SHIELD OF CALIFORNIA 28,950.64
2022 LT DISABILITY 73.50
CALIFORNIA BUSINESS MACHINES PW-3/22-4/21/22 BASE 134.99 CHARTER COMMUNICATIONS 3/6-4/5/22 88.69
CLEARGOV INC DIGITAL BUDGET BOOK 7,400.00
COLLINS & SCHOETTLER 10,950.00
CONSOLIDATED ELECTRICAL DISTRI 150 W INCAND VAPOR 66.66 CRAIGS AUTO PARTS 4,211.74
CULLUM/TRENT TRNG: PERDIEM 3/16-3/18 60.00
DELTA LIQUID ENERGY, ARRO AUTO 248.33
DOOLEY ENTERPRISES, INC. 10,502.89
ECHEVARRIA, TYLER TRNG: PERDIEM 3/28-4/1/22 75.00
EMD NETWORKING SERVICES, INC. ON BOARDING SECURE MANAG 512.36 EXPERIENCE AVL LLC 863.07
FOOTHILLS SUN-GAZETTE PN-278-11 ORDINANCE SUMM 265.60
FP MAILING SOLUTIONS 109.86
FRESNO CITY COLLEGE FIELD TRNG: T. 138.00
FRESNO OXYGEN 109.38
FRONTIER CALIFORNIA INC. 689.60
FUENTES/ ALFREDO 65.56
PUBLICATIONS 1, 080.00
JACK GRIGGS INC 8,844.76
LEAGUE OF CA CITIES 158.88
MCCORMICK KABOT JENNER & LEW 1,854.00
MOONLIGHT MAINTENANCE MARCH PD OFFICE CLEANING 1,871.75 MUNICIPAL CODE CORPORATION CODE HOST 3/1/22-2/2/23 550. 00 NATIONAL PEN CO., LLC 565.40
NHA ADVISORS, LIC 2020 WATER REV FUNDING B 3,750.00
OFFICE DEPOT 357.70
PRIDEAUX/ TRACI PER DEIM 4/11-4/15 245.00
PRUDENTIAL OVERALL SUPPLY 210398 STORM RAIN SYSTE 393.72 QUAD KNOPF ENGINEERING 12,182.73
RUBIO/ MICHAEL 106.59
SILVER & WRIGHT LLP 1,746.50
SOUTHERN CALIFORNIA EDISON 9143A-1/11-2/8/22 3,036.41
SPEEDY GONZALEZ CONSTRUCTION REPLACE CEILING WITH 3/4 800.00 STATE WATER RESOURCES CONTROL 115.00
SUNBELT RENTALS, INC. HEAVY EQUIP RENTAL WWTP 3,162.94
SUNRISE ENVIROMENTAL SCIENTIFI 274.86
SWRCB -DWOCP 45.00

AVENU FINANCIAL SYSTEM CITY OF EXETER
4/05/2022 9:44:33 Payments for Publication GL335R-V08.17 PAGE Approved on 3/24/2022 for Payments Through 3/24/2022
Vendor Name Description Amount
T-MOBILE 12/21/21-1/20/22 599.99
UNIVAR SOLUTIONS USA INC SOD HYPO 12.5% LIQUICHLO 1,862.92 USA BLUEBOOK ABOVE GRADE SAMPINING 630.78
VALLEY EXPETEC MARCH 2022 MONTHLY AGREE 11,127.68
VOLLMER EXCAVATION, L. P. 10.29 TONS OF COLD MIX 1,068.02 ZACHARY PHILLIPS TRNG: CAL ASSOC 5/23-5/27 245.00
4CREEKS, 20285 CITY OF EXETER CM 3,680.00
** Final Totals...
134,254.80
H3
PAYROLI AS FORM CHER CHECERETSTEE N-03/17/20 09.19.48 PAGE 311R-V14. Paymate
2/28/2022-3/13/2022 CHECK DAT 3/18/2022

CHECK CHECI EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUN NAME CODE SEO

63.6$ SHIELDS/ ZLOSBURSEMENT UN 208 CHECK
1212 558.76 SHIELDS/ ZION 1 VENDOR
TOTALS FOR CHECK FORM: CHEK

NEGOTIABLE CHECKS
558.76 *EMPLOYEE CHECKS COUNTS,

63.69 *VENDOR CHECKS

0.00 *BANK CHECKS
622.45 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS
*CANCELLED CHECKS
622.45 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS

0.00 *VENDOR DIR DEP STUBS
AERO FORM STUB CHECK REGISTE BI-WEEKL RUN-03/17/2022 09.19.48 PAGE PR311R-V14.12 Paymate
128/2022-3/13/2022 CHECK DATE 3/18/2022

CHECK CHECK NAPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT CODE SEO
49923 136.50 • CLOCEA 4 1 VENDOR STUB ONLY
49924 684.00 EXETER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 49925 188.28 EXETER POLICE OFFICER AS ЗА 1 VENDOR STUB ONLY 49926 4,593.74 ENNIS/ADAM 206 STUB ONLY
49927 2,813.28 ONEAL/SHONNA N 203 STUB ONLY
49928 .,200.16 CARTER/AMY JO 502 STUB ONLY
49929 1,347.02 CORREA/BIANCA 630 STUB ONLY
49930 529.18 HERNANDEZ/XOCHITL 306 ONLY
49931 3,165.47 PARK MOORE/YUN GYUNG 703 co TUB ONLY
49932 543.37 SANCHEZ/CESILIA 307 STUB ONLY
49933 2,038.82 FRANCO/EEKHONG 304 STUB ONLY
49934 1,581.19 PHILLIPS/ZACHARY 705 STUB ONLY
49935 1,411.15 CARRETERO/VANESSA 402 STUB ONLY
49936 2,145.10 CORREA/GABRIEL JR 436 STUB ONLY
49937 1,491.29 CULLUM/TRENT 444 TUB ONLY
49938 2,570.28 DURKEE/MARK 404 STUB ONLY
49939 1,654.42 ECHEVARRIA/TYLER J 443 TUB ONLY
49940 1,519.70 FELIX/ESTEVAN 704 STUB ONLY
49941 2,003.45 GUZMAN/TIMOTHY CHARLES 410 STUB ONLY
49942 7,325.96 GUZMAN/TIMOTHY CHARLES 410 TUB ONLY
49943 3,373.04 HALL/JOHN T 406 STUB ONLY
49944 1,645.26 HAMPTON/JUSTIN 446 STUB ONLY
49945 2,103.41 HAYES/CURTIS W 437 STUB ONLY
49946 2,285.28 INGLEHART/BRETT A 411 STUB ONLY
49947 1,386.18 MARX/CHRIS 706 ST UB ONLY
49948 1,720.89 PHELPS/KEVIN M 429 STUB ONLY
49949 1,741.47 VILLARREAL/ ISIDRO 707 ONLY
49950 2,473.24 YARBER/ISABEL 422 ONLY
49951 1,023.09 ALDRIDGE/GARY 618 TUB ONLY
49952 1,408.66 ARROYO/MARIE 623 STUB ONLY
49953 1,339.15 BRASSFIELD/TRAVIS 619 STUB ONLY
49954 1,675.43 ESPINOLA/DANIEL M 602 STUB ONLY
49955 157.81 GOLDSTROM/NORMAN 629 STUB ONLY
49956 1,518.04 HUGGINS/KYLE AARON 621 STUB ONLY
49957 2,928.08 QUALLS /DAYMON 607 STUB ONLY
49958 925.45 QUALLS /DAYMON 607 STUB ONTY
49959 1,454. 41 RAMIREZ/ JUAN 608 STUB ONLY
49960 732. 50 WENDT/EDDIE 626 STUR ONTY
49961 1,592. 44 MILLAN/MARCUS 622 STUB ONLY
49962 993.94 MILLER/ JAMES 624 STUB ONLY
49963 325.98 MIRWALD/PHILIP 625 STUB ONLY
49964 1,228.72 QUIROZ/PATRICK P 512 STUB ONLY
49965 1,813.98 PRIDEAUX/TRACI 448 STUB ONLY
PAYROLI RUN-03/30/2022 13.49.31 PAGE 1
PR311R-V14.12 Paymate
DIRECT 15 TURND 2- 3/27/2022 CHECK DATE 4/01/2022

CHECE CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBEE AMOUNT NAME CODE SEQ
1213 63.69 CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK

THEO BE CENSOR CHE COUNTS
*EMPLOYEE CHECKS

63.69 *VENDOR CHECKS -ONO

1.0 *BANK CHECKS

3.6 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS
0:00 *MANUAL CHECKS
*CANCELLED CHECKS

63.69 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS

0.00 *VENDOR DIR DEP STUBS •0
BT-WEEKL RUN-03/30/2022 13.49.31 PAGE
PR311R-V14.12 Paymate
DIRECT DEPOST 15 TURN 2-3/27/2022 CHECK DATE 4/01/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEQ
49966 136.50 CLOCEA 1 VENDOR STUB ONLY
49967 627.00 EXETER POLICE OFFICER AS 3 1 VENDOR STUB
ONLY
49968 172.59 EXETER POLICE OFFICER AS 3A 1 VENDOR STUB ONLY 49969 4,588.49 ENNIS/ADAM 206 STUB ONLY
49970 ONEAL/SHONNA N 203 STUB ONLY
2, 113:28
49971 CARTER/AMY JO 502 ONLY
49972 1,517.26 CORREA/BIANCA 630 ONLY
49973 529.18 HERNANDEZ/XOCHITL 306 ONLY
49974 3, 165.47 PARK MOORE/YUN GYUNG 703 ONLY
49975 556.67 SANCHEZ/CESILIA 307 , ONLY
49976 2,214.31 FRANCO/EEKHONG 304 ONLY
49977 1,581.19 PHILLIPS/ZACHARY 705 ONLY
49978 .405.90 CARRETERO/VANESSA 402 ONLY
49979 4,030.37
CORREA/GABRIEL JR 436 ONLY
49980 1,608.46 CULLUM/TRENT 444 ONLY
49981 2,744.06 DURKEE/MARK 404 ONLY
49982 1,688.81 ECHEVARRIA/TYLER J 443 ONLY
49983 1,775.24 FELIX/ESTEVAN 704 ONLY
49984 3,367.79 HALL/JOHN 406 ONLY
49985 1,733.32 HAMPTON/JUSTIN 446 JB ONLY
49986 2,019.71 HAYES/CURTIS W 437 . ONLY
49987 2,472.40 INGLEHART/BRETT A 411 • ONLY
49988 1,386.18 MARX/CHRIS 706 JB ONLY
49989 2,059.48 PHELPS/KEVIN M 429 ONLY
49990 1,630.55 VILLARREAL/ISIDRO 707 ONLY
49991 2,467.99 YARBER/ ISABEL 422 ONT Y
49992 1,113.61 ALDRIDGE/GARY 618 ONLY
49993 1,408.66 ARROYO/MARIE 623 ONLY
49994 1,708.72 BRASSFIELD/TRAVIS 619 ONLY
49995 1,670.18 ESPINOLA/DANIEL M 602 ONLY
49996 64.81 GOLDSTROM/NORMAN 629 ONLY
49997 1,518.04 HUGGINS/KYLE AARON 621 ONLY
49998 2,928.08 QUALLS / DAYMON 607 ONLY
49999 1,596.53 RAMIREZ/ JUAN 608 STUB ONLY
50000 879.01 WENDT /EDDIE 626 STUB ONLY
50001 1,106.88 MILLAN/MARCUS 622 ONLY
50002 993.94 MILLER/JAMES 624 ONLY
50003 652.35 MIRWALD/PHILIP 625 STUB ONLY
50004 L23.4 QUIROZ/PATRICK P 512 STUB ONLY
50005 1,137 737.g PRIDEAUX/TRACI 448 STUB ONLY
PAYROLI RUN-04/14/2022 09.32.43 PAGE
CHECK FORM CHEK CHECK REGISTER Paymate
PR311R-V14.12
3/28/2022-4/10/2022 CHECK DAT 4/15/2022
TREET DEPOSE IS 370820 2-

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEO

63.6. CA STATE DISBURSEMENT UN 2 CHECK
1219 936.94 FRANCHISE TAX BOARD I VENDOR

VENDOR CHECK
COTALS FOR CHECK FORM: CHEF

NEGOTIABLE CHECKS COUNTS

0.00 *EMPLOYEE CHECKS
1,000.63 *VENDOR CHECKS

0.00 *BANK CHECKS
1,000.63 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS •0

0.00 *CANCELLED CHECKS
1,000.63 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS

0.00 *VENDOR DIR DEP STUBS
PAYROLL. RUN-04/14/2022 09.32.43 PAGE
PR311R-V14.12 Paymate
DEEP 0202-4/10/2022 CHECK DATE 4/15/2022

CHECK CHECK COUNT NATOYEE/BANK/VENDOR CHECK

NUMBER CODE SEO
50006 136.50 CLOCEA
50007 627.00 EXETER POLICE OFFICER AS 1 VENDOR STUB ONLY VENDOR

STUB ONLY
50008 172.59 EXETER POLICE OFFICER AS 3А 1 VENDOR STUB ONLY 50009 4,593.74 ENNIS/ADAM 206 ONLY
0011 2,813.28 ONEAL/SHONNA N 203 ONLY
001 737.50 ROBELLO/HILARY 709 ONLY
50012 1,029.87 CARTER/AMY JO 502 ONLY
50013 1,487.84 CORREA/BIANCA 630 4н намі CREEEEE
ONLY
50014 529.18 HERNANDEZ/XOCHITL 306 • ONLY
50015 3,165.47 PARK MOORE/YUN GYUNG 703 ONLY
50016 467.53 SANCHEZ/CESILIA 307 ONLY
50017 2,214.31 FRANCO/EEKHONG 304 • ONLY
50018 1,581.19 PHILLIPS/ZACHARY 705 ONT Y
50019 1,411. , 15 CARRETERO/VANESSA 402 : ONLY
50020 2,174.01 CORREA/GABRIEL JR 436 • ONLY
50021 1,594.67 CULLUM/TRENT 444 ONLY
50022 2,570.28 DURKEE/MARK 404 ONLY
50023 2,813.35 ECHEVARRIA/TYLER J 443 ONLY
50024 1,635.01 FELIX/ESTEVAN 704 ONLY
50025 3,373.04 HALL/JOHN T 406 : ONLY
50026 2,239.08 HAMPTON / JUSTIN 446 ONLY
50027 1,985.67 HAYES/CURTIS 437 ONLY
50028 2,472.40 INGLEHART/BRETT A 411 • ONLY
50029 1,331.38 MARX/CHRIS 706 : ONLY
50030 2,547.99 PHELPS/KEVIN M 429 ONLY
50031 558.76 SHIELDS/ ZION 708 • ONLY
50032 1,688.43 VILLARREAL/ISIDRO 707 ONLY
50033 2,473.24 YARBER/ ISABEL 422 ONLY
50034 ALDRIDGE/GARY 618 ONLY
1, 928.69
50035 ,408.66 ARROYO/MARIE 623 • ONLY
50036 1,446.89 BRASSFIELD/TRAVIS 619 . ONTY
50037 1,675.43 ESPINOLA/DANIEL M 602 ONLY
50038 74.69 GOLDSTROM/NORMAN 629 • ONLY
50039 1,518.04 HUGGINS/KYLE AARON 621 ONLY
50040 2,699.12 QUALLS / DAYMON 607 STUB ONLY
50041 1,266.44 RAMIREZ/ JUAN 608 STUB ONLY
50042 1,245.26 WENDT/EDDIE 626 TUB ONLY
50043 1,425.38 MILLAN/MARCUS 622 STUB ONLY
50044 993.94 MILLER/ JAMES 624 STUB ONLY
50045 760.83 MIRWALD/PHILIP 625 STUB ONLY
50046 1,228.72 QUIROZ/PATRICK P 512 STUB ONLY
50047 1, 900.75 PRIDEAUX/TRACI 448 STUB ONLY
City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: H4 X City Council
Wording for Agenda: Adopt Resolution 2022-09 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the Regular Session:

City of Exeter through May 26, 2022 Pursuant to Brown Act X Consent Calendar Regular Item
Provisions (AB 361) due to continued State Declaration of Emergency. _Public Hearing
Review:

Submitting Department: Administration
Contact Name: Adam Ennis/Shonna Oneal
Phone Number: (559) 592-4539 or (559) 592-9244 City Administrator Email: [email protected] or [email protected] (Initials Required) Department Recommendation:

Staff recommends that the City Council consider and adopt Resolution 2022-09 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through May 26, 2022 Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Summary:

On March 8, 2022, the City Council adopted Resolution 2022-05 Reaffirming Its Proclamation of a Local Emergency, Re-Ratifying the Proclamation of a State of Emergency by AB 361 issued on September 16, 2021, and Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through March 31, 2022. Pursuant to Brown Act Provisions. This resolution established the criteria necessary for the City to continue conducting teleconference meetings without compliance with the requirements of Government Code section 54953(b)(s) for a period of thirty (30) days. On March 22, 2022, the Council provided staff with direction to review a hybrid meeting option allowing some members to return in person and some to attend virtually as needed
Pursuant to AB 361, the City Council must re-consider if a state of emergency exists in the City to continue remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953 every thirty (30) days. Currently, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers. In addition, a State of Emergency has been proclaimed by the Governor of the State of California. By allowing some members of the legislative bodies to attend remotely and some in person, the City can continue to limit capacity in the City's small conference chambers.

Background:

During the past twenty-four (24) months, the City Council and its Legislative bodies have been conducting teleconferencing meetings as allowed for pursuant to a series of executive orders, the most recent which expired September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Recently adopted State law, AB 361, extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, while the state of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place.

Initial reliance on AB 361 requires the following:
1) There must be a proclaimed state of emergency; and
2) One of the following circumstances exist:
a. State or local officials have imposed or recommended measures to promote social distancing; or
b. The legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e) (1).

Both these conditions are presently satisfied. The Governor's State of Emergency Declaration, issued on March 4, 2020 remains in place today. The City's declaration of local emergency issued March 24, 2020, remained in place until last month. However, the size of the City's conference chambers could be a potential imminent risk to health and safety measures because State and local agencies continue to recommend social distancing as one of the measures to reduce the spread of COVID-19 and heavy attendance could limit the ability to maintain social distance.

Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following:
1) Either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and 2) Not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists:
a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
b. State or local offices continue to impose or recommend measures to promote social distancing.

If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows:
1) Each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option;
2) Teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
3) Public comments cannot be required to be submitted in advance of the meeting (though this may remain an option);
4) The public must be able to attend the meeting via call-in option or internet-based service option;
5) The public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; 6) If there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency's control that prevents members of the public from offering public comments using the call-in option or internet- based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and 7) Where, as in Exeter, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Government Code Section 54953(e)(2).

In light of AB 361, the continuing State COVID-19 emergency, the continuing recommendations by the State and local officials of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue AB 361. In addition, continuing to follow social distancing guidelines will assist in minimizing the potential for outbreaks in the organization and subsequent scrutiny and actions taken by Cal OSHA based on their current requirements.

Doing so will allow City Council and its legislative bodies meetings to continue to occur by teleconference, but allow for in-person attendance as well, without compliance with the teleconferencing requirements set out in Government Code Section 54953(b)(3) that would otherwise apply. The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361.

Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days.

Fiscal Impact: None.

Prior Council/Board Actions: On March 24, 2020 the Council adopted Resolution 2020-12 proclaiming the existence of a local emergency due to the novel coronavirus (COVID-19).

On May 19, July14, September 8, November 2 and December 8, 2020, and January 26, March 23, May 11, June 22, August 10, September 28, 2021, November 9, December 14, 2021, February 10, 2022, and March 8, 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: 1) Resolution 2022-09 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through May 26, 2022 Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-09 as presented.

RESOLUTION 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER RE-AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF EXETER THROUGH MAY 26, 2022 PURSUANT TO BROWN ACT PROVISIONS [AB 361] DUE TO

CONTINUED STATE DECLARATION OF EMERGENCY
WHEREAS, the Exeter City Council is committed to preserving and nurturing public access and participation in meetings of all City of Exeter legislative bodies; and, WHEREAS, all meetings of the City of Exeter legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City of Exeter's legislative bodies conduct their business; and, WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconterencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certair conditions; and,
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and,
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or human-caused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, the Exeter City Council previously adopted Resolution 2021-21 on September 28, 2021, Resolution 2021-24 on October 26, 2021, Resolution 2021-29 on November 18, 2021, Resolution 2021-31 on December 14, 2021, Resolution 2022-02 on January 11, 2022 Resolution 2022-03 on February 10, 2022 and Resolution 2022-05 on March 8, 2022 finding that the requisite conditions exist for the legislative bodies of the City of Exeter to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and, WHEREAS, as a condition of extending the use of provisions found in section 54953(e), the Exeter City Council must reconsider the circumstances of the state of emergency that exists in the City, and the Exeter City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California; and, WHEREAS, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present potential imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, WHEREAS, the City does hereby accept and acknowledge the proclamation of emergency by the Governor of the State of California; and,
WHEREAS, as a consequence of the proclamation of emergency issued by the Governor of the State of California and the limited size of the Council chambers to conduct business, the City does hereby tind that the legislative bodies of the City of Exeter shall continue to permit council members, staff, and the public, and their election, to attend meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by Resolution 2022-09
AB 361 Emergency Teleconferencing

subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (e) of section 54953; and,
WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity tor all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and, WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Exeter as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and,
SECTION 3. Ratification of Governor's Proclamation of a State of Emergency. The City hereby accepts and acknowledges the Governor of the State of California's Proclamation of March 2, 2020 and finds the City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, SECTION 4. Remote Teleconference Meetings. The City Administrator and legislative bodies of the City of Exeter are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 5. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective through May 26, 2022 Passed, approved, and adopted this 26t day of April 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor ATTEST:

City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: H5 X City Council
Regular Session:

Wording for Agenda: Authorize a full arborist's evaluation of all X Consent Calendar
City owned and/or maintained trees to be completed by West Coast Regular Item Arborists, Inc. of Anaheim, CA and authorize payment in the amount - Public Hearing
of $31,250. for said services.

Review:

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

Staff recommends that Council authorize a full arborist's evaluation of all City owned and/or maintained trees to be completed by West Coast Arborists, Inc. of Anaheim, CA and authorize payment in the amount of $31,250. for said services.

Summary/Background:

The City owns and/or maintains over six hundred trees throughout the City of Exeter. Years of budgetary constraints have prevented regular trimming of these trees and many of them are overgrown and in need of major corrective pruning for sustained life. Some of the trees appear to be diseased and may need to be removed in consideration of public safety.

Because the City does not have an in-house certified arborist, staff reached out to several tree companies to request bids to preform a full evaluation of all City owned and/or maintained trees.

The evaluation is to include an inspection of all trees at the identified locations, a written recommendation for immediate corrective pruning, a written recommendation for removal of any trees for the purpose of tree health or public safety, and a recommendation for an on-going tree trimming and maintenance schedule. The requested scope of work that also calls out the list of tree locations and number is attached
Staff received four responses to the request for bids:

Halsey's Tree Service of Visalia responded with a quote of $500 per day and estimated the work would take between two to four days to complete. Assuming the project took a full four days (32 hours) to complete, the proposal suggests that roughly only three minutes would be spent on each tree throughout the City, including travel time. Given the various tree types and complexity of the needed evaluation and written recommendations, this proposal does not seem to allow for the work necessary to meet the expectations of the project.

Pete's Tree Service of Exeter responded with a generic estimate of $85 per hour. No further information was provided in their proposal.

Adam's Tree Service of Visalia submitted an incomplete response which only included a price for tree trimming.

West Coast Arborists, Inc. of Anaheim, the company that the City of Visalia has previously used for some of their arborist and tree trimming needs, submitted a bid of $31,250. Their proposal allocated two-hundred hours of arborist services for the project and also included written evaluations for corrective pruning, written evaluations for removal of any trees for the purpose of tree health or public health, and a recommendation for an on-going tree trimming and maintenance schedule. It is staff's opinion that the bid submitted by West Coast Arborists is complete and much more reasonable in terms of the time allotment for this project. It should also be noted that West Coast Arborists, Inc. specializes in arborist evaluations, and they have been widely used by cities throughout the Central Valley and California.

Fiscal Impact: This project has been approved by Council to be funded with American Rescue Plan Act (ARPA) money.

Prior Council/Board Actions: In recent discussions with Council, the City Administrator has proposed an arborist's evaluation of all City owned and/or maintained trees be included in the City's ARPA money expenditure plan.

Attachments: Requested Scope of Work
Proposal from West Coast Arborists, Inc.

Recommended motion to be made by Council/Board: I move to authorize a full arborist's evaluation of all City owned or maintained trees to be completed by West Coast Arborists, Inc. of Anaheim, CA and authorize payment in the amount of $31,250. for said services.

Office of the Director of Public Works
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax. # 559-592-3516
EXETER

PROTECTING, PRESERVING,

AND PROMOTING

SMALL TOWN AMERICA
November 8, 2021
The City of Exeter is seeking cost estimates from licensed and experienced arborists to perform a full evaluation of all City owned and/or maintained trees. The evaluation should include the following:
• Inspect all trees at identified locations
• Prepare written recommendation for immediate corrective pruning • Prepare written recommendation for removal of any trees for the purpose of tree health or public safety
• Establish a recommended on-going tree trimming and maintenance schedule City Property Location Tree Count
City Park Chestnut and C St 61
Joyner Park B St and Rocky Hill
Museum B St and Rocky Hill 13
Water Tower Park B St and Rocky Hill
Planter Park C St and Kaweah
Rose Garden Park Palm and Kaweah
Brick House Park Palm and Filbert 44
Schelling Park Pine St and Filbert 4
Dog Park F St across from City Hall 16
City Hall and Parking Lot 137 N F St 15
Unger Park Belmont and Glaze 83
Schroth Park Belmont and Vine 52
Mixture Park Pine and E St 1
Downtown Area
B St to C St 21
C St to F St 60
D St South from Pine to Maple 22
ESt North of Pine to Palm 29
E St South of Pine to Maple 22
Belmont Walking/Bike Path 94
Visalia Road Medians Visalia Rd between Belmont and Orange 26 Visalia Road Planters Visalia Rd between Belmont and Orange 14 Please send estimate to The City of Exeter
PO Box 237 - Exeter, CA 93221
Or email Marie Arroyo [email protected] before November 24, 2021 WEST COAST ARBORISTS, INC.

WCA 2200 E. Via Burton Street Anaheim, CA 92806 Proposal 800.521.3714 Phone 714.991.7844 E-Fax WCAINC.COM # 72526

PROPOSAL FOR TREE MAINTENANCE SERVICES

CUSTOMER INFORMATION
Main Contact Billing Contact

MARIE ARROYO MARIE ARROYO

CITY OF EXETER CITY OF EXETER
P.D. BOX 237 P.D. BOX 237
EXETER, CA 93221 EXETER, CA 93221
559.592.3318 [email protected] 559.592.3318 [email protected] Inventary Needed Link Funds to Jub # Purchase Order # DIR Project ID # No

JOB LOCATION
City wide, specific addresses per letter dated 11/8/21.

SCOPE OF WORK
Arborist Services. Inspect all 603 trees at identified locations. Prepare written recommendation for immediate corrective pruning. Prepare written recommendation for removal of any trees for the purpose of tree health or public safety.

LTY DESCRIPTION L/M UNIT PRICE TOTAL
200.00 Arborist Services Hour $150.00 $30,000.00

1.00 Miscellaneous expenses, travel, equip., etc. $1,250.00 Lump Sum $1,250.00
GRAND TOTAL: $31,250.00

COMMENTS
Establish a recommended on-going tree trimming and maintenance schedule. Species of trees to inspect were not included, only quantities per park or street block. City is to provide right-of-way information.

CA Contractors License 366764 Federal Tax ID: 95-3250682 CA DIR Registration 1000000956 TIM CROTHERS PLANT HEALTH CARE MANAGER 11/24/21

ESTIMATED BY TITLE DATE

ACCEPTED BY TITLE DATE
Printed on: 11/24/2021 1:06:56 PM

aca CONTRACTOR:

STATE LICENSE BOARI

ACTIVE LICENSE
-it 366764 Eer. CORP
wim WEST COAST ARBORISTS INC
studier: C61/049 C27 A C21 B C31
Ecarosin Cate 12/31/2022 www.cslb.ca.gov
State of California
Department of Industrial Relations
Contractor Information
Registration History
Legal Entity Name Effective Date Expiration Date

WEST COAST ARBORISTS, INC
Legal Entity Type 05/29/18 05/30/19
Corporation

06.07/17 06/30115
Status
Active 06/09/18 06/30/17
Registration Number
1000000956 C6/26/15 06/30:16
Registration effective date 06/19/14
06:20/15
07/01/19
Registration expiration date 07/01/19 06/30:22
05/30:22
Mailing Address
2200 E VIA BURTON ANAHEIM 92806 CA United States of America Physical Address
2200 E VIA BURTON ANAHEIN 92806 CA United States of America Email Address
Trade Name/DEA
License Number ist
CSLE 366764
ACORDi CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER CONSTITUTE A CONTRACT BETWEEN THE MPORTANT: If the cortificate holder is an ADDITIONAL INSURED,

SUBROGATION IS WAIVED,
cortificate does not confer rights to the certificate holder in lieu of such endorsements).

PRODUCER CONTACT
on Risk Insurance Services West, Inc. NAME:

PHONE
(A/C. No. Ext): (866) 283-7122 AGNOS: (800) 363-0105
Suite 2600
DDRESS
Los Angeles CA 90017-0460 USA
INSURERS) AFFORDINO COVERAGE NAIC#

INSURED
INSURERA: starr Indemnity & Liability Compan 38318
west Coast Arborists, Inc. starr Specialty Insurance Company 2200 E Via Burton INSURER B: 16109
Anaheim CA 92806 USA Navigators Specialty Insurance Company INSURER C: 36056
INSURER O:

INSURER E:

I INSURER E:

COVERAGES CERTIFICATE NUMBER:

INDICATED: NO WITHSTANDING ANY REGUREMENT, TERM OR CONDITION OF AN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WICH THIS

THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS INSR ADDL SUBF Limits shown are as raquested
TYPE OF INSURACE NSOL WVD "POLICY EXp
A T000100 POLYNUMBEA 147210703702 EACH OCCURRENCE UMITS

X COMMERCIAL GENERAL LIABILITY
52,000,000
CLAIMS-MADE x OCCUR DAMAGE TO RENTED
PREMISES (ED OCCUTEnCe) $1,000,000
MED EXP (Any one person)
PERSONAL & ADV NARY $2,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY JECT ¡ LOC
PRODUCTS - COMPICP AGG $4.000,000
OTHER:

A AUTOMOBILE LIABIUTY 1000198198211
07/02/2021 07/01/2022 CAREER NGLE LIT 52,000,000

X ANY AUTO
OWNED 7 SCHEDULED

UTOS ONL AUTOS

RED AUTO NON-OWNED PROPERTY DAMAGE
ONLY I AUTOS ONLY (Per accident)
UMBRELLA LIAB x I OCCUR SE21EXCZ059NKIC 07/01/2021/07/01/2022 EACH OCCURRENCE $5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000

DED RETENTION
WORKERS COMPENSATION AND 1000004229
EMPLOYERS' LIABILITY 07701/2021|07/01/2022 x PER STATUTE OTH ANY PROPRIETOR / PARTNER / EXECUTIVE workers Comp AZ
OFFICERMEMBER EXCLUCED? IN/A 1000004228 07/01/2021|07/01/2022E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) workers Comp CA
EL. DISEASE EA EMPLOYEE $1,000,000
ESCRIPTION OF OPERATIONS bela EL. DISEASE POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Aditional Remarke Schedule, may be atached i more space i required

CERTIFICATE HOLDER CANCELLATION

SHOULD SHORATION DATE

THERED NONE SIL BE POEVERED IN ACCORDANGE WITH THE
POLICY PROVISIONS.
est Coast Arborists, Inc AUTHORIZEO REPRESENTATIVE
200 € Vi Burton
Anaheim CA 92806 USA
Aar Rish Inourance Ferrices West Sna
ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Tree Cure Professionals Serving Communities Who Care About Trees www.WCAINC.com November 24, 2021
City of Exeter
P.O. Box 237
Exeter, CA 93221
RE: RFQ: Arborist Services at Various City Locations
Due: Wednesday, November 24, 2021 at 02:00PM
To whom it may concern;
Thank you for allowing West Coast Arborists, Inc. (WCA) the opportunity to submit a proposal for arborist services for the City of Exeter. WCA is a family-owned and operated company employing over 1,000 full-time employees providing various tasks to achieve one goal: serving communities who care about trees. We have reviewed, understand, and agree to the terms and conditions described in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability. Our proposal is valid for a minimum of 90 days.

WCA's corporate values include listening to customers and employees to help improve services offered. By establishing clear goals and expectations for the organization, supporting its diverse teams, and exchanging frequent feedback from customers and employees, we are able to provide 'gold standard' tree care services.

WCA's top management team has created a culture where employees become accountable for actions and results. Our Tree Care Industry Association (TIA) company-wide accreditation is evidence of the commitment WCA has to our safety and training programs, customer satisfaction and our capacity to maintain industry standards.

WCA has a 48-year track record of working for more than 330 California and Arizona municipalities as well as other various agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Board under license #366764. We have held this license in good standing since 1978. The license specializes in Class C61 (Tree Service), Class C27 (Landscaping) and Class C31(Traffic Control). We currently employ over 80 Certified Arborists and over 150 Certified Tree workers, as recognized by the International Society of Arboriculture. WCA is also registered with the Department of Industrial Relations (DIR) for Public Works projects, our registration number is 1000000956. All work will be performed in-house; no subcontractors will be used.

Our employees will operate from our Anaheim Office located at 2200 East Via Burton, Anaheim, CA 92806. For questions related to this proposal and who has the authority to negotiate/present please contact Victor Gonzalez, V.P. Business Development, at (714) 991-1900 or at [email protected]. Tim Crothers, Plant Health Care Manager, will be assigned to this project should WCA be awarded a contract. He can be reached at (714) 991-1900 or [email protected].

West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.3745 City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: -X City Council
Regular Session:

Wording for Agenda: Authorize payment in the amount of
X Consent Calendar
$15,943.50 to Women Trucking Brokers, Inc. of Fresno, CA for the Regular Item hauling of sewage biosolids. = Public Hearing
Submitting Department: Public Works Review:

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

Staff recommends that Council authorize payment in the amount of $15,943.50 to Women Trucking Brokers, Inc. of Fresno, CA for the hauling of sewage biosolids.

Summary/Background:

The City's wastewater collection and treatment process results in the accumulation of biosolids at the City's wastewater treatment plant (WWTP). Biosolids are the nutrient-rich organic materials resulting from the treatment of domestic sewage in a wastewater treatment facility.

These biosolids must be staged for drying and eventually hauled off and disposed of.

In 2019 a total of 125 tons of biosolids were hauled from the City's WWTP. Due to COVID restrictions and hauler availability, biosolids have not been hauled from the WWTP since that time. Earlier this year, staff contacted Women Trucking Brokers, Inc (WTB) who is the only known hauler in the central valley qualified and willing to haul hazardous type material.

WTB was unable to provide a specific dollar amount quote as their fees for hauling and landfill are based on weight. Staff held off on having the biosolids hauled off until after any potential rain so that the material would be dry and lighter in weight. Typically, in the past the cost of this hauling would have been within the City Administrator's purchasing authority.

In late February of this year, WTB hauled a total of 758 tons of biosolids from the City's WWTP. Staff contributes the substantial increase in weight to more people being home during 2020-2021, which added volume to the City's sewer collection system. The extra weight Fiscal Impact: This project will be funded from the Sewer Fund (107.441.012.001).

Prior Council/Board Actions: None
Attachments: Invoice from Women Trucking Brokers, Inc.

Recommended motion to be made by Council/Board: I move to authorize payment in the amount of $15,943.50 to Women Trucking Brokers, Inc. of Fresno, CA for the hauling of sewage biosolids.

WTB Inc
7093 W. Belmont Ave
Inc. Fresno CA 93723
Work: 559-275-1998 Fax: 559-275-1995
Invoice
City of Exeter 17830
Post office Box 237
Exeter CA 93221 Monday, February 28, 2022
Page: 1
End Date Ticket# Location: 1907 W. Myers, Exeter
Unloaded At Quantity Rate
02/14/2022 Amount
300299 Visalia Landfill
02/14/2022 313656 Visalia Landfill 135.00/hour
02/14/2022 317706 1,161.00
Visalia Landfill 135.00/hour 1,120.50
02/15/2022 300601 135.00/hour
02/15/2022 Visalia Landfill 1,147.50
317708 135.00/hour 1,093.50
02/15/2022 7976032 135.00/hour
02/16/2022 1,093.50
300602 135.00/hour 1,012.50
02/16/2022 317709 Visalia Landfill 135.00/hour
02/16/2022 999.00
321216 Visalia LandfIl 135.00/hour 1,161.00
02/17/2022 317710 Visalia Landfill 135.00/hour
02/17/2022 321217 135.00/hour 1:14,50
Visalia Landfill
02/17/2022 5432118 Visalia Landfill 135.00/hour
02/18/2022 300604 Visalia Landfill 135.00/hour 1.058.00 02/18/2022 317711 Visalia Landfill 135.00/hour
02/18/2022 321218 810.00
Visalia Landfill 135.00/hour 810.00
135.00/hour 810.00
Invoice Total 15,943.50
•
THANK YOU FOR CHOOSING WTB INC.

Customer agrees to pay a late charge of 1.5% per month plus attorney fees and collection cost for any past due Total amount due by the 20th of the month following service. amounts
FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
NAME OF UNDERLYING CARRIER CA # 493677 Nº 300299:

OTE CA. NUMBER
SHIPPER 507010 TICKET NUMBER
city of CONSIGNEE
DATE Exeter
RATE CHARGES ASSESSED City di Exeter
2 - 14-22
AXLES: TYPE LOADING
PRECISE POINT OF ORIGIN OVER 56 O POWER O

BUNKER O
xetr PRECISE POINT OF DESTINATION
Kind Weight ViSalia.CA
Of Material Tag Number Weight Plant
Of Shipment
Arrive Depart
Arrive Depar Stand By
Sludog 770i9166 61230 8:33 9:10

7.43 77CA180L1 63320
10:18 10,35 w:l1 11:55
770A10173 57383

12.27 12:50 1.23
61700 2:25 2:45

3.z0 3:55
Starting Time Deductions Ending Time
Meal-Breakdown Chargeable Time Arrived to Time Finished

8.027.. 4:32 Dump Last Load Allowance For
NetHiour O Last Dump Comoletion af Last Load
3:20 s:55 35
CHECK ONE: Off HWY FUEL REPORT
On HWY O
DIESEL

GAS OIL
I agrea to court cost, 100% attorey fees and all cost that raise from any proceedings for the collection of amounts due to above carner for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for thése charges NOT/later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amounts. ATTENTION UNDERLYING CARRIERS no paymant will be made for TICKETS NOT COMPLETELY filed out. Not responsible for damages on delivery made inside curb line.

Drivers Signature,
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel
Equip. Start
Finish
Oil Added Starting Milage
Ending Milage

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1.1 Check Oil

2. Apple 1 Mine Or Brakes 14. Mirrors
Check Water 15. 22.1 Sidemarker Lights
Steering Wheel (Excess 23. Tail Lights

3.- Check Belts & Hoses — Drain Air Tanks (Alternate) Play) START ENGINE INSIDE CAB 16. 24. - Stop Lights
Fire Extinguisher

25. - Reflectors

4. L - Oil Pressure 9. _ Cab Clean 17. Emergency Flares

26.-

5. L 10.- _ Horn Working 18. 27.— . Backup Alarm
Note Pressure Building & Air TIRES & WHEELS
Warning Cutoff 11. - Windshield Wipers
OUTSIDE 28. Check For Flats

6. Adjustment 12. - Glass Clean (Cracks?) 19. Headlights COMBINATION VEHICLES - Check For Loose Lug Nuts

13. - _ Heater/Defroster 20. Clearance Lights

21. 30.- - Oil HubLevel
- Turn Signals & 4-Way 31. - Wheel Seal Leaks
Remarks:.
• Defective Brake and Light Items Ard Not To Leave Yard • FRESNO (559) 275-1998 W.T.B. DC.

CA# 493677 Nº 318656
Certified WEE
PARLOR UNDERLYNG CAMER CA MUMBEE 3136320
Trucking

SHIPPER

RATE CHARGES ASSESSED YPE LOAI
2714/22 OVER 5e O POWER O BUNKER O
AXLES

PRECISE POIN TOF ORIGIN PES ONTO DESTRATION
190 2 14 Meer EXPLeN
Kind Weight Weight Plant Stand By
Of Material Tag Number Of Shipment Arrive Depart Arrive Depart SLudge T70,41787 8:10 8:16 4.00 9:49
7701946020 10:25 10 29 11:05 MASS
77-01918176 12:44 1249 129 1:50
270918297 2:33 2. 138 3:17 3:45
Ending Time Chargeeble
Dump Last Load Time Finished
4:25 1 of Last Loa
3:17 2.45
On HWO
DIESSE

GAS OIL
at and al cost that rate from any prodsedinga for the colection of amounts due to above carmer for wart done for the above shippers wat be paid by the above shoot TEAR
tence for TICKETS NOT COMPLETELY Sad ad Net responsible for damages on delivery made inside curb line.

Subjaci to Terms and
R'S DAILY INSPECTION Conditions on Reverse Side. CONSIGNE: SIGNATURE OR AGENT 1S 943 e 217 900€ 8:00
4:05
Starting Milage 464928 465/61
Ending Milage

EACHITEM AND CIRCLE DEFECTIVE NUMBERS
Air Lose (Engine Off Brakea 14. BArrors
Applied 1 Minute) 22. Semarker Landi
Steering Wheel (Excess 23. Tal Lighte

8. Drain Air Tanke (Aterneto)

16. 24 -Spe Ligns
INSIDE CAB Fire Extingulater

17. 25.

A lab Clea Emergency Flares 28

0. Hern Workin 18 Current Registration & 27
4 Backup Alam

11. Insurance Centicate TRES SYPTEELA
OUTSIDE 28. Crack For Fists

12. Gees Clean (Cracks?) 19 Д
Beedigns 29 Check For Loose LuD Huts

13. / Hoater/Defroster 20. Cranes Lights CO BINATION VEHICLES

21.L Tum Sigrate 6 +-Wery 30. LorrHubLavel
31 Wheel Seaf Leaks
• Dentun Brake and Laht Itama Ara Not Te Leave Yard:
40 FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
CA # 493677 Nº 317706

NAME, OF UNDERLYING CARRIER
CA. NUMBER
SHIPPER CA453677 TICKET NUMBER
CONSIGNEE 31770G
DATE RATE #City itErrier
2-14 21 CHARGES ASSESSED

PRECISE POINT OF ORIGIN TYPE LOADING
AXLES End DeAf OVER 56 POWER BUNKER O
CiTY EL Exerti
Kind Weight
Of Material Weight Plant
Tag Number Of Shipment
Arrive Depart
Sludge Arrive Depart Stand By
77-01917.541 1253 D745 890
835 555
7701917877 2'52 907
sludge 9I2
7791917987 15.15 957
101/ 1045 1101
7701918107 9.15 1136 1146
1221 1333
Slickite 770/918205 13,98 lic 121 156
7101918315 40

11.49 244 254 32L
350
758
Starling Time Deductions
Ending Time Chargeable
Meal-Breakdown Time Arrived to Time Finished
747 Dump Last Load Allowance For
425 Last Dump Completion of Last Load
250
CHECK ONE: Off HWY
On HWY O
DIESEL

GAS OIL
I agrea to court cost, 100% attomey fees and all cost that raise from any proceedings for the collection of amounts due to above camier for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amcunts. ATTENTION UNDERLYING CARRIERS no paymant will be made for TICKETS NOT COMPLETELY filled out. Not responsible for damages on delivery made inside curb line.

Driver's Signature
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT

34. 0
Fuel
Equin Energemp 7ZAT
Start
Oil Added
Starting Milage 120989
Ending Milage 121222
CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS 725
ENGINE 420

1. Check Oil

7.D2 Air Loss (Engine Off Brakes 14

2. Check Water Mirrors 22.

Applied 1 Minute) Sidemarker Lights

15. 3. Check Belts & Hoses 8. Drain Air Tanks (Alternate) Steering Wheel (Excess 23 Tail Lights Play)
START ENGINE INSIDE CAB 16. 24. Stop Lights
Fire Extinguisher 25.

Reflectors
Emergency Flares 26. Mud Flaps
Note Pressure Building & Air Current Registration & 27. Backup Alam Windshield Wipers Insurance Certificate TIRES & WHEELS
2 Adjustment Glass Clean (Cracks?) Check For Flats

29. Check For Loose Lug Nuts
racinge Clearance Lights COMBINATION VEHICLES
Hangiener 30._ Oil HubLevel
Turn Signals & 4-Way 31. Wheel Seal Leaks
Remarka: 747111120: 7/20407115:422 = 7242s
238.3 34.000 • Defective Brake and Light Items Are Not To Leave Yard* Mi/81 Fuel
7101724| 4060
FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
NAME OF UNDERLYING CARRIER CA # 493677 Mº 300601•
CA. NUMBER
SHIPPER 560709
City CONSIGNEE 5670T0KETNUMBER
DATE =X2ARE
RATE CHARGES ASSESSED city of
215.22
PRECISE POINT OF ORIGIN AXLES: TYPE LOADING
OVER 56 O POWER O

PRECISE POINT OF DESTINATION BUNKER O
Kind Weight
Of Material Weight Plant Vs lie land fill
Tag Number Of Shipment
Arrive
Depart Arrive
Depart Stand By
Slures ТонІВіно 60160 1:50 m 8,40
8:00 8:54
770191835 60960 9:21
1:43 10:36 10:31
770191855 11.46 11:05
11:51 1210%
1701918105 12.49 13.40
12:54 i:29 1,45
7701918312. 11.64 2:i5
2:30 3.05
3:20
Starting Time Deductions
Ending Time Chargeable
Meal-Breakdown Time Arrived to Time Finished
750m Net-Hours Dump Last Load Allowance For

3.53 Last Dump Completion of Last Load
3:05 3:28 25
CHECK ONE: Off HWY FUEL REPORT
On HWY O
DIESEL

GAS OIL
i agree to court cost, 100% attomey fees and all cost that raise from any proceedings for the collection of amounts due to above carner for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month *18% per annum" will be charged on all past due amounts. ATTENTION UNDERLYING CARRIERS no payment will be made for TICKETS NOT COMPLETELY filled cut. Not responsible for damages on delivery made inside curb line. /Driver's Signature
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel
Equip. Start
Oll Added Finish
Starting Milage
Ending Milage

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1.1 - Check Oil
7 ir Loss (Engine Off Brakes

2.1 - Check Water 14. Mirrors
Applied 1 Minute 15. 22. Sidemarker Lights

3.1 - Check Belts & Hoses — Drain Air Tanks (Alternate) Steering Wheel (Excess 23. Tail Lights

8. + Play)
START ENGINE INSIDE CAB 16. 24. - Stop Lights
Fire Extinguisher

4.- eLi 9. L Cab Clean ale 17. _ 25. - Reflectors
- Oil Pressure • Emergency Flares 26. - Mud Flaps

5.- 10. 1 _ Horn Working 18. • Current Registration & - 27.] Vote Pressure Building & Ai - Backup Alarm
Naming Cutof 11. Windshield Wipers Insurance Certificate TIRÉS & WHEELS OUTSIDE 28.

Adjustment 12. Glass Clean (Cracks?) 19. - Headlights 29.C Check For Flats

13.L - Heater/Defroster - Check For Loose Lug Nuts

20. Clearance Lights COMBINATION VEHICLES

21. Turn Signals & 4-Way 39. Oil Hublevel
Remarka: Wheel Seal Leaks
" Defoctive Brake and Light Items Are Not To Leave Yard • 305-RESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
CA # 493677 Nº 317708-

NAME OF UNDERLYING CARRIER
CA. NUMBER
SHIPPER CAY93672 TICKET NUMBER
DALTY of ExETEr CONSIGNEE 312208

RATE CHARGES ASSESSED
2-15:22

TYPE LOADING

PRECISE POINT OF ORIGIN POWER & BUNKER O

PRECISE POINT OF DESTINATIOI
Kind Weight
Of Material Tag Number Weight Plant
Of Shipment Arrive
Depart Arrive
Depart Stand By
S/vale 7201915413. 12.75. 725
736 809
522
7701918503 13.44 857 902
Sludge 94 г 100/
770i9184L 14.57 1035
1045 i/ 2/ 1134
7701915724 12,65 12/0
1720 1256 IL1
Sluolge 17701915845 14:17 145 200
237 251
Starting Time Deductions Ending Time
Meal-Breakdown Chargeable Time Arrived to
Net-Hours Time Finished Allowance For
725 325 Dump Last Load
8 237 Las: Dump Completion of Last Load
25 / 35 missi
CHECK ONE: Off HWY
On HWY O
I agree to court cost, 100% attomey fees and all cost that raise from any proceedings for the collection of amounts due to above carrier for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amounts. ATTENTION UNDERLYING CARRIERS no paymont will be made for TICKETS NOT COMPLETELY filled out. Not responsible for damages on delivery made inside curb line.

Driver's Signature
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SINATORE - ORAGENT Fuel 28.2 Equip. End DuMB
Start. 6:50x Finish 320pm= 8.5
Oil Added
Starting Milage /2/22→
Ending milage 12/462

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE 85

1. — Check Oil

1.2 Air Loss (Engine Off Brakes

2. 14. Mirrors
Check Water Applied 1 Minute 22 . Sidemarker Lights

15. Steering Wheel (Excess

3. - Check Belts & Hoses B.— Drain Air Tanks (Alternate) 23 Tail Lights Play)
START ENGINE INSIDE CAB 16. 24. Stop Lights
Fire Extinguisher

25. Reflectors

4. Oil Pressure 9. Cab Clean 17._ Emergency Flares

26. Mud Flaps

5. 10. Horn Working 18. Current Registration & 27.

Note Pressure Building & Air Backup Alarm
Warning Cutoff 11. Windshield Wipers Insurance Certificate

OUTSIDE TIRES & WHEELS

6. 0 12. 28. . Check For Flats
Adjustment Glass Clean (Cracks?) 19. Headlights 29.

Check For Loose Lug Nuts

13. Heater/Defroster 20. Clearance Lights COMBINATION VEHICLES 35"

21. Turn Signals & 4-Way . Oil HubLevel

39. _ Oine Seal Leaks
Remarka: 725mm+15-20:650+u am+15-20:650+ 3054015: 320g0=85422 234 135.g • Detactive Brake and Light Items Are Not To Leave Yard * 127
650)7041307

NON-NEGOTIABLE BILL-OF-LADING
AND TRANSPORTATION AGREEMENT DATE A 7976032
PRINCIPAL. 2~/5-22

CARRIER
ADDRESS BROKER#
CITY/STATE/ZIP TRUĞK#! BGT16
UNDERLYING CARRIER Rep ARMP
(IF ANY_
ADDRESS CA#
REVER VI Salia landfill
ADDRESS _ dIty ADDRESS,
CITY/STATE/ZIP ExteriCa CITY/STATE/ZIP Visalia ca

POINT OF ORIGIN POINT OF DESTINATION
ECURIST • SUPER TAG SEND DUMP CO FLAT BED SHOURLY O TONNAGE I PERLOAD • 10-WHEELER • TRANSFER • SIDE DUMP • MIXER
• SUPER-10 • DBL BOTTOMS • TRUCK & PUP • SWEEPER RATE @ $ • STRONG ARM • D SEMI-BOTTOM : WATER TRUCK • OTHER
LOADING UNLOADING STANDEY BREAKDOWN OP.
•TAG NO. WEIGHT | COMMODITY ARRIVE DEPART ARRME DEPART TIME REASON FOR DELAY mas 8.00 92011020 11020
21212024
65 58. 205
3000200: 2692м
10 11-
12 13
14 15
PORTING TI NING THA DEDUCTELE THE NET TIME TOTAL TONS. ACCESSORIAL OTHER 325

RIVAL TINE ENNING TIA TOTAL CHARGES

PUST SUBJECT TO TERMS AND

CONDITIONS ON REVERSE SIDE
Buil ORIGINAL

DRIVER SIGNATURE SHIPPERRECEIVER (AGENT OR DEBITOR) SIGNATURE FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Fresno, CA 93723
Certified W.B.E.

CA # 493677 N. 300602•

NAME OF UNDERLYING CARRIER
Ore CA. NUMBER
SHIPPER Su70Ro TICKET NUMBER
City CONSIGNEE

DATE RATE
2•16-22 CHARGES ASSESSED * of Cretar
AXLES: OVER 56 O

PRECISE POINT OF ORIGIN POWER O BUNKER O

PRECISE POINT OF DESTINATION
Kind Weight Visalia CA
Weight Plant
Of Material Tag Number Of Shipment
Arrive Depart
Arrive Depart Stand By
7701919039 14.17 7:45 an 8.00 18.34

8.51 71019121491 10.97 9,25 4:38
10:10 10:33
77019P204 10,71 11:05 11:15

1.4€ 12:00
4 7701917405 114.0z 12:40 1:00

1.34 I, 2-6
Starling Time Deductions Ending Time
Meal-Breakdown Chargeable Time Arrived to
Time Finished Allowance For

7.45 am Dump Last Loac Last Dump
3:06 Completion of Last Load
1:3% 2.36 23C
CHECK ONE: Off HWY On HWY O FUEL REPORT
DIESEL

GAS OIL
i agree to court cost, 100% altomey fees and all cost that raise from any proceedings for the collection of amounts due to above carrier for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for these charges NOT later Ihan 15th of the following month. A charge of 1.5% per month *18% per annum" wil be charged on all past due amounts. ATTENTION UNDERLYING CARRIERS no paymant will be made for TICKETS NOT COMPLETELY filed cut. Not responsible for damages on delivery made inside curb line.

Drivers Signature
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel Equip.

Start Finish
Oil Added Starting Milage
Ending Milage

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1. L - Check Oil

7.- Air Loss (Engine Off Brake 14.

2. - Check Water Applied 1 Minute Mirrors 22. - Sidemarker Lights

15. Steering Wheel (Excess

3._ 8. 23. Tail Lights
- Check Belts & Hoses - Drain Air Tanks (Alternate) Play) 24.

START ENGINE INSIDE CAB Fire Extinguisher - Stop Lights Atr

25. - Reflectors
4L - Oil Pressure - Cab Clean • Emergency Flares 26. - Mud Flaps

10. 2 - Horn Working 18! Current Registration & 27.L - Backup Alam

5.-
Nare Pr Sure Builing & Air 11. Windshield Wipers OUTSIDE Insurance Cerificate TIRES & WHEELS

6._ - Adjustment 12.1 • Glass Clean (Cracks?) 19 - Headlights

13. Heater/Defroster 20. Clearance Lights COMBINATION VEHICLES

21.- Turn Signals & 4-Way 30 — Oil HubLavel

31. —_ Wheel Seal Leaks
Remarka:
" Defactive Brake and Light Itema Are Not To Leave Yard * 635FRESNO (559) 275-1998
345 7093 W. Belmont Ave.

W.T.B. INC. Fresno, CA 93723
Certified W.B.E.

CA# 493677 Nº 317709

WOFUNDERLYING CARRIER CALMER
SHIPPER 3677 TICKET NUMBER
CONSIGNEE 312705
CHARGES ASSESSED City of EXeTENTYPE LOADING
2-1L. 2L

PRECISE POINT FORGE POWER BUNKER O
C'TY xETr PRECISE POINT OF DESTINATION
Kind Waight ViSALiA CiTY CErTIFill
Weight Plant
Of Material Tag Number Of Shipment
Arrive Depart | Arrive Stand By
Depart
Sludge 7701719016 12.90 715 731
8I2 825
7701719125 1546 901 915
954 1018
77012/9256 14.15 1056 1107
1174 1203
7701919402 11.72 1240 1258 130
Sludge 145
2701919572 14/37 220 240
315 330
720
Sterling Time Deductions Ending Time
Meal-Breakdown Chapgeable Time Arrived to
Time Finished Allowance For
405 Dump Last Load Last Dump
315 Completion cf Last Load
330
CHECK ONE: On HWY O FUEL REPORT
DIESEL 36

GAS OIL
I agree to court cost, 100% attomey fees and all cost that raise from any proceedings for the collection of amounts due to above carrier for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. reguires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amounts. ATTENTION UNDERLYING CARRIERS no payment will be made for TICKETS NOT COMPLETELY filled out. Not responsible for damages on delivery made inside curb line.

Driver's Signature
Subjeeto Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side -CONSIGNEE SIGNATURE - OR AGENT Fuel 36. 645m8055
man 400p : 93
Oil Added
Starting Milage 12/462 Ending lage 12/697

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1._ • Check Oil

7. f2 Air Loss (Engine Off Brakes 14. Mirrors

2. • Check Water Applied 1 Minute 22 - Sidemarker Lights 15 Steering Wheel (Excess

3. Check Belts & Hoses 8. L 23. Tail Lights
- Drain Air Tanks (Alternate) Play)

24. • Stop Lights
START ENGINE INSIDE CAB 16. Fire Extinguisher

25. Reflectors

4. Oil Pressure 9.- Cab Clean 17. Emergency Flares 26.
- Mud Flaps

5._ 10 Horn Working 18. urrent Registration 27.
ote Pressure Building & A Backup Alarm
/arning Cuto 11. surance Certifica TIRES & WHEELS
Windshield Wipers OUTSIDE

6.0 _ Check For Flats
. Adjustment 13. I Glass Clean (Cracks?) 19. Headlights 29. Check For Loose Lug Nuts 35 al Heater/Defroster 20. Clearance Lights COMBINATION VEHICLES

21.. . Oil HubLeve
Turn Signals & 4-Way 31. → Wheel Seal Leaks
8720-15•20=64560 60345+15=400pr
717 " Defoctive Brake and Light Items Are Not To Leave Yard • 630651347
FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
NAME OF UNDERLYING CARRIER CA# 493677 Nº 321216
SHIPPER 0137 IRK # 101 TICKET NUMBER

CONSIGNER
2-16-22 RATE CHARGES ASSESSED -17y

TYPE LOADING
PRECISE POINT OF ORIGIN AXLES:

OVER 56'0 POWER O BUNKER O
Kiny 0 - /
Weight Weight 415Q/101
Of Material Tag Number Plant
Of Shipment Arrive
Depart Arriva
Sledge Depart Stand By
8:00 8:23 9:15 9:98
H 10:06 10:20

11.06 11:20
4 Li
12:00 2:11 12:57
11 1:07
1:50 2:05 3:17
3:24
Starting Time Deductions Ending Time
Meal-Breakdown Chargeable Time Arrived to
8:00 Net-Hours Time Finished Allowance For

4. Dump Last Load Last Dump
3:17 Completion cf Last Load
CHECK ONE: Off HWY 3:29 60mms

VEL REPORT
DIESEL

GAS OIL
I agree to court cost, 100% attomey fees and all cost that raise from any proceedings for the collection of amounts due to above carrier for work done for the above shippers will be paid by the above shipper UNDERLYING CARRIERS no payment will be made for TICKETS NOT COMPLETELY filled out. Not responsible for damages on delivery made inside curb line NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. * charge of 1.5% per month "18% per annum" will be charged on all past due amounts. ATTENTION rivers Signature
DRIVER'S DAILY INSPECTION (Subject to Terms and
Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel Equip. #/07
Start
Oil Added Finish
Starting Milage
Ending Milage

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1. — Check Oil

7.- Air Loss (Engine Off Brakes

2._ Check Water 14. Mirrors
Applied 1 Minute 15. 22. - Sidemarker Lights

3._ Chack Bells & Hoses 8. _ Drain Air Tanks (Alternate) Steering Wheel (Excess 23. • Tail Lights Play)
START ENGINE INSIDE CAB 16. Fine Extinguisher 24.- - Stop Lights

4._ Oil Pressure 9.— - Cab Clean 17. Emergency Flares 25. Reflectors

10._ 26.— Mud Flaps

5.— - Horn Working 18. Current Registration &
_ Note Pressure Building & Air - Backup Alarm
Warning Cutoff 11. - Windshield Wipers Insurance Certificati

OUTSIDE

6._ - Adjustment 12. - Glass Clean (Cracks?) 19.- 38— Check For Loose - Headlights _ Check For Loose Lug Nuts

13. - Heater/Defroster 20. Clearance Lights

COMBINATION VEHICLES

21. Turn Signals & 4-Way 30. Oil HubLevel

31. - Wheel Seal Leaks
Remarks:
• Defective Brake and Light Items Are Not To Leave Yard • 635 RESNO (559) 275-1998
0347 W.T.B. INC. 7093 W. Belmont Ave
Certified W.B.E. Fresno, CA 93723
CA # 493677 Nº 317710

WILING CARRIE

SHIPPER TICKET NUMBER
DATETY of ExeTer CONSIGNEE 317710
RATE CHARGES ASSESSED city of Exeter,
2-17-52 End DengovER 56 O TYPE LOADING
AXLESS

PRECISE POORIGIN POWER O BUNKER O

PRECISE POINT OF DESTINATION
Kind Weight Weight Land Fill
Of Material Plant
Tag Number Of Shipment
Arrive Depart
Arrive Depart Stand By
Sludlaz 7701219121 13.68 7:00 728
814
7701519716 13.47 846 857 935 951
Sludge 1701919 1281 1027 1037
1/ 2-2 1140
770/919775 1475 12/6 1236 116
7701920083 13.94 123
2/0 225 305
330
725
Starling Time Deductions Ending Time
Meal-Breakdown Chargeable Time Arrived to
7115 Time Finished Allowance For
405 Dump Last Load Last Dump
Completion of Last Load
305 330 35 mics
CHECK ONE: Off HWY FUEL REPORT
On HWY O
DIESEL 35. =

GAS OIL
I agree to courl cost, 100% attomey fees and all cost that raise from any proceedings for the collection of amounts due to above carrier for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amaunts. ATTENTION UNDERLYING CARRIERS no payment will be made for TICKETS NOT COMPLETELY filled out. Not responsible for damages on delivery made inside curb line.

Sides § EMUIREZ
Driver's Signature
Subject to Terms and
Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT sian 6:40am 650 Finish 7:02 pm = 9.4
Oil Added Starting Miage 12/693
Ending Milage 12/933

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE 400

1.. Check Oil 1.0
Air Loss (Engine Off Brakes 14. Mirrors

2. Check Water 22
Applied 1 Minute) Sidemarker Lights

15. Steering Wheel Excess

3. 8. 23. Tail Lights
Check Belts & Hoses Drain Air Tanks (Alternate) Play)
INSIDE CAB 24 Stop Lights
START ENGINE 16. Fire Extinguisher
25 Reflectors

4. Oil Pressure 9. Cab Clean 17. Emergency Flares 26
Mud Flaps

5. 10. Horn Working 18. Current Registration & 27. Backup Alarm Note Pressure Building & Air Insurance Certificate
Warning Cutoff 11. Windshield Wipers TIRES & WHEELS
OUTSIDE 28 Check For Flats

12. Glass Clean (Cracks?) 29,

19. Headlights Check For Loose Lug Nuts

20. Clearance Lights COMBINATION VEHICLES
Haerotogy Turn Signals & 4-Way 31. - Oil HubLevel
- Wheel Seal Leaks
to 347+5: 402M= 9.43135

2.35. 35.0 * Defective Brake and Light Items Are Not To Leave Yard * 4015-635 346
FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E Fresno, CA 93723
CA# 493677 321217

NAME OF UNDERLYING CARRIER
Jouble BUCKING 21C
AN 86137 IRK 7F101
DATE
2-17-22 CHARGES ASSESSED ty or Exetrono

TYPE LOADING

PRECISE POINT OF ORIGIN POWER BUNKER O
Ex
Weight Weight
Of Material Tag Number Plant
Of Shipment
Arrive Depart
Sluge Arrive Depart Stand By
790 7:50 8941|

1. i 9:29 8:51
1:41 10: 9910:38
11 L=/S
1:98 4251412:95
iL 4
1:02 1: 15 2:00 2:10
2:45 2:553:574:16
7:20
Starting Time Deductions
Ending Time
Meal-Breakdown George able Time Arrived to Time Finished Net-Hours Allowance For
5:16 0. Dump Last Load Completion of Last Load
3! 1•16 60 mns
CHECK ONE: Off HWY FUEL REPORT
On HWY O
DIESEL

GAS OIL
UNDERLYING CARRIERS no payment will ba made for TICKETS NOT COMPLETELY filled out. Not responsible for damages on delivery made inside curb line. I agree to court cost, 100% altomey fees and all cost that raise from any proceedings for the collection of amounts due to above camer for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amounts. ATTENTION Driyer's Signature
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel #101
Equip Start
Oil Added Finish
Starting Milage
Ending Milage

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1. — Check Oil

2. Check Water 1.— Air Loss (Engine Off Brakes Mirrors
Applied 1 Minute) 15.- 22. - Sidemarker Lights

3._ Steering Wheel (Excess
- Check Belts & Hoses 8. — Drain Air Tanks (Alternate) Play) 23._ - Tail Lights START ENGINE INSIDE CAB 16. 24.- - Stop Lights
Fire Extinguisher

25.- - Reflectors

4._ - Oil Pressure 9. _ Cab Clean 17. Emergency Flares

26. Mud Flaps

5._ Note Pressure Building & Air 10. - Horn Working 18. Current Registration & 27._ Warning Cutoff - Backup Alarm

11.- - Windshield Wipers Insurance Certificate TIRES & WHEELS OUTSIDE 28. —_ Check For Flats

6.- - Adjustment 12. - Glass Clean (Cracks7)

19. Headlights _ Check For Loose Lug Nuts

13. Heater/Defroster 20._ Clearance Lights COMBINATION VEHICLES

21.J 30. - Oil HubLevel
Turn Signals & 4-Way 31.

Remarka: Wheel Seal Leaks
• Defective Brake and Light Items Are Not To Leave Yard •

NON-NEGOTIABLE BILL-OF-LADING

PRINCIPAL AND TRANSPOTTE TON AGREEMENT

CARRIER WTR BILL NO
ADDRESS A- 5432118
CITY/STATE/ZIP ЮВ #
UNDERLYING CARRIER BROKER #
(IF ANY).

ADDRESS RET HAViNG iNC TRUCK #
167.74
SHIPPER TRAILER #
PH. R6T. 23
CItyoF EXETER CA #

ADDRESS
RECENER TONiA LANDFiLL.

CITY/STATE/ZIP ADDRESS —

PONT OF ORIGIN

EXETER CITY/STATE/ZIP

POINT OF DESTINATION
• 10-WHEELER • SUPER TAG L END DUMP VEALA
• SUPER-10 • TRANSFER • FLAT BED
• OBL BOTTOMS C SIDE DUMP O MIXER
• STRONG ARM • SEMI-BOTTOM D TRUCK & PUP • HOURLY I TONNAGE I PER LOAD • WATER TRUCK • SWEEPER
TAG NO. • OTHER RATE @ $
WEIGHT

COMMODITY LOADING

ARRINE UNLOADING,

DEPART ARRIVE STANDGY
9,10 340 DEPART TIME BREAKDOWN OR
920 935 REASON FOR DELAY
1010 1020
1100 1113
1200 12T0
105 lIS
155 210 300
405 315
10 11
/12
13 14
15 ENDING TIME

TOTAL TWE

DEDUCTIBLE TWE

TOTAL TONS
+D LOADM • ACOESSORIAL OTHER
Rate: CONDITIONS OR CEVERSE SIDE SUEJECT TO TERMS AND TOTAL CHAKGES

DRIVER SIGNATURE
FRESNO (559) 275-1998
WT.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
CA # 493677 Nº 300604•

NAME OF UNDERLYING CARRIER
CA. NUMBER
SHIPPER 567070 TICKET NUMBER
City CONSIGNEE
Exeter
DATE RATE City of Exeter
2-18•22 CHARGES ASSESSED

TYPE LOADING
PRECISE POINT OF ORIGIN AXLES: OVER 5S' O

POWER O BUNKER O
Exeter PRECISE POINT OF DESTINATION
Kind Weight visalia
Of Material Weight Plant
Tag Number Of Shipment
Arrive
Depart Arrive Stand By
Depart
Studa? 7:550 8:08
18:40 9:03
1,38 10i00
Starling Time Deductions Ending Time
Meal-Breakdown Chargeable Time Arrived to
Time Finished Allowance For
7:55 ch Nel-Hours Dump Last Load Last Dump
10:25 Completion of Last Load
9:38 (D:00
CHECK ONE: Off HWY FUEL REPORT
On HWY O
DIESEL

GAS OIL
NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amounts. ATTENTION I agrea to court cost, 100% atfomey fees and all cost that raise from any proceedings for the collection of amounts due to above carrier for work done for the above shippers will be paid by the above shipper UNDERLYING CARRIERS no payment will be made for TICKETS NOT COMPLETELY filled out. Not responsible for damages on delivery made inside curb line.

Driver's Signaturé
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel
Equip.

Start Finish
Oil Added Starting Milage
Ending Milage

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1.L - Check Oil

2.. 1 - Apple 1 Mine Of Brakes 14. Mirrors 22.
- Check Water 15. Steering Wheel (Excess Sidemarker Lights

3. 1 - Check Belts & Hoses 8.- - Drain Air Tanks (Allernate) 23. - Tail Lights Play) 24. L
START ENGINE 16. - Stop Lights
oF INSIDE CAB Fire Extinguisher 25.

4.L Cab Clean of 17. • Emergency lanes a f - Reflectors - Oil Pressura 26.L — Mud Flaps

5. 10. Horn Working 18. Current Registration & 27. Backup Alarm lote Pressure Building & A
/arning Cuto 11. Windshield Wipers Insurance Cerlificat TIRES & WHEELS OUTSIDE - Check For Flats

6. Adjustrent 12. Glass Clean (Cracks?) 19. 1
_ Headlights _ Check For Loose Lug Nuts

13. Heater/Defroster 20. Clearance Lights

21. Turn Signals & 4-Way -— Oil HubLovel

31. I Wheel Seal Leaks
Remarks:
*Defective Brake and Light Items Are Not To Leave Yard • 615 FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
NAME OF UNDERLYING CARRIER CA# 493677
Nº 317711
12// CA. NUMBER
SHIPPER < A 493621 TICKET NUMBER
-Lz17 CONSIGNEE 317711
DATE
ATE CiTy
2-15•ul CHARGES ASSESSED

TYPE LOADING
-177 c EXETEI POWER BUNKER O
Kind Weight
Of Material Weight Plant
Tag Number Of Shipment
Arrive Depart
Arrive Depart Stand By
22017202211 12/3 705
757 812
77015203311 14.73 856 QD 9/15
94g 1021
1058 1110
OnsiTe
Starling Time Deductions Ending Time
Meal-Breakdown Chargeable Time Arrived ta
7:10 m Net-Hours Time Finished Ailowance For
i110 Dump Last Load Las! Dump
105 1110 Completion of Last Load
CHECK ONE: Off HWY FUEL REPORT OnSiTe
On HWYO
DIESEL 23,
, 2 GAS
Live
Driver's Signature
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel23.0
Start _ 635am 645 Finish 11:55pm
Oil Added
Starting Milage 121233
Ending Milage. '22055

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1. Chack Oil

7. 0 Air Loss (Engine Off Brakes

2. Check Water 14 Mirrors
Applied 1 Minute) 22. _ Sidemarker Lights

15. Steering Wheel (Excess

3. Check Belts & Hoses 8.- 23.
- Drain Air Tanks (Alternate) Play) Tail Lights
START ENGINE INSIDE CAB 16. 24 Stop Lights
Fire Extinguisher

4. 9. Cab Clean 25. Reflectors
Oil Pressure 17. Emergency Flares
26 . Mud Flaps

5. 10. Horn Working 18.

Note Pressure Building & Air Current Registration & 27. Backup Alam Warning Cutoff 11. Windshield Wipers Insurance Certificate TIRES & WHEELS

6. 0 OUTS DE 28.

Adjustment, 12. Glass Clean (Cracks?) 19. . Check For Flats Headlights 29.
13 Heater/Defroster Check For Loose Lug Nuts

20. Clearance Lights CONBINATION VEHICLES

21. 30. • Oil HubLevel
Turn Signals & 4-Way 31.-
Remarks: 710un 15:20.635 + /ivrs Wheel Seal Leaks
1153
12/NIs 2351
100 • Defective Brake and Light Items Are Not To Leave Yard " 6291604311138
FRESNO (559) 275-1998
W.T.B. INC. 7093 W. Belmont Ave.

Certified W.B.E. Fresno, CA 93723
CA# 493677 Nº 321218
CA. NUMBER
CONSIGN C37 IRKET 10! TICKET NUMBE
22/8
DATE RATE City of Exeter
2-15-21 CHARGES ASSESSED
PRECISE POINT OR ORIGIN AXLES:

OVER 56'O POWER O BUNKER O
City ot
Weight Weight
Of Material Tag Number Plant
Of Shipment Arrive
Depart Arrive Stand By
Sludge Depart
7:30 7:46 8:50 4:03
/ 11 9:40
10:00 1:DS Lill
Starting Time Deductions
Ending Time Chargeable
Meal-Breakdown Time Arrived to Time Finished
7:30 Net-Hours Allowance For
Dump Last Load Las! Dump Completion of Last Load
MEDS Hi/6 60 mms
CHECK ONE: OF HWY O FUEL REPORT
On HWY O
DIESEL

GAS OIL
I agree to court cost, 100% altomey fees and all cost that raise from any proceedings for the collection of amounts due to above carrier for work done for the above shippers will be paid by the above shipper NOTE: P.U.C. requires payment for these charges NOT later than 15th of the following month. A charge of 1.5% per month "18% per annum" will be charged on all past due amcunts. ATTENTION UNDERLYING CARRIERS no payment will be made for
TS NOT COMPLETELY filled out. Not resporsible for damages on delivery made inside curb line.

Driver Signature JE
Subject to Terms and
DRIVER'S DAILY INSPECTION Conditions on Reverse Side CONSIGNEE SIGNATURE - OR AGENT Fuel
Equip ft 101 Start
Oil Added Finish
Starting Milage
Ending Milage

CHECK EACH ITEM AND CIRCLE DEFECTIVE NUMBERS
ENGINE

1. Check Oil

2. — Check Water ". —Ailed 1 engine Of Brakes 22. Sidemarker Lights

3.. Check Belts & Hoses 8. — Drain Air Tanks (Alternate) Steering Wheel (Excess 23. • Tail Lights START ENGINE INSIDE CAB 24.- - Stop Lights
Fire Extinguisher 25._

4.— Oil Pressure Emergency Flares - Reflectors

26.- — Mud Flaps

5. Note Pressure Building & Air 10._ - Horn Working 18. Current Registration & 27.- - Backup Alarm Warning Cutoff 11.- — Windshield Wipers Insurance Certificate TIRES & WHEELS OUTSIDE 28. Check For Flats

6. Adjustment 12. - Glass Clean (Cracks?) 19.-
- Headlights 29. _ Check For Loose Lug Nuts

13. Heater/Defroster 20. Clearance Lights COMBINATION VEHICLES

21.- 30. - Oil HubLevel
- Turn Signals & 4-Way 31. Wheel Seal Leaks
Remarka:
• Defective Brake and Light Items Are Not To Leave Yard * City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: H7 X City Council
Regular Session:

Wording for Agenda: Adopt Resolution 2022-10 approving the City X Consent Calendar of Exeter's Fiscal Year 2022/23 list of projects funded by SB 1: The _Regular Item Road Repair and Accountability Act Road Maintenance and Public Hearing Rehabilitation Account
Review:

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

Staff recommends that the Exeter City Council adopt Resolution 2022-10 as presented
Summary/Background:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017, to address some of the significant multi-modal transportation funding shortfalls statewide. As a result, the City, will receive an estimated $250,673. in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2022/23 from SB 1.

SB 1 includes accountability and transparency provisions to ensure the residents of our City are aware of the projects proposed for funding in our community. To that extent, the City, must annually prepare and submit a list of all projects proposed to receive funding from the RMRA, created by SB 1.

The list being recommended by staff represents most urgent projects to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities.

The project that has been identified is:

Downtown Streets Project:

This project will be located along Pine Street from the railroad tracks west of F Street to Kaweah Avenue, Rocky Hill Drive between Kaweah and C Street, B Street between Palm and Maple, C Street between Palm and Maple, D Street between Palm and Maple, E Street between Palm and Maple and F Street between Palm and Maple. The project will consist of raising valve boxes and manholes and patching and repairing asphalt concrete, where needed, as well as the application of cape seal or slurry seal and striping. The estimated useful life of this roadway is approximately 8 - 12 years. A request for bids (RFB 22-002) for the FY-22 Cape Seal and Microsurfacing project was advertise and a bid opening is scheduled for May 4, 2022. As part of this project, necessary ADA concrete improvements will be constructed under a separate contract. Having banked previous year's SB 1 allocations, the City now has sufficient funds to proceed with the project, and construction is anticipated to begin this summer. This project is consistent with the Department's recommendation that the RMRA funds be used to preserve the City's street investment. By applying cape seals, slurry seals, or other appropriate rehabilitation applications to streets, the pavement life is extended in a good condition. Like projects will be proposed in the future.

If it is determined that conditions or priorities have changed, the City Council may redirect this funding to other projects at a future date.

Fiscal Impact: The City will receive an estimated $250,673. in RRA funding in Fiscal Year 2022/23 from SB 1. Those funds, along with previous years allocations which total $678,034, will be utilized for the aforementioned project.

Prior Council/Board Actions: Approval of Resolution 2017-48 to approve the City of Exeter's Fiscal Year 2017/18 Budget Amendment No. 1 to incorporate a list of projects funded by SB 1:

The Road Repair and Accountability Act. - October 10, 2017; Approval of Resolution 2018-08 to approve the City of Exeter's Fiscal Year 2018/19 list of projects funded by SB 1; Approval of Resolution 2019-08 to approve the City of Exeter's Fiscal Year 2019/20 list of projects funded by SB 1; Approval of Resolution 2020-06 to approve the City of Exeter's Fiscal Year 2020/21 list of projects funded by SB 1; and Approval of Resolution 2021-08 to approve the City of Exeter's Fiscal Year 2020/21 list of projects funded by SB 1.

Attachments: 1.) Resolution 2022-10 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EXETER APPROVING THE CITY OF
EXETER'S FISCAL YEAR 2022/23 LIST OF PROJECTS
FUNDED BY SB 1: THE ROAD REPAIR AND

ACCOUNTABILITY ACT

2.) California City Finance 2022/23 RMRA Funding Estimate Page Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-10 as presented.

RESOLUTION 2022-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER APPROVING THE CITY OF EXETER'S FISCAL YEAR 2022/23 LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $250,673. in RMRA funding in Fiscal Year 2022/23 from SB 1; and
WHEREAS, this is the 5" year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate seven (7) streets in the downtown area of the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

Resolution 2022-10
SBI Project Funding 2022/23

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Exeter, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Downtown Streets Project (FY-22 Cape Seal and Microsurfacing Project):

This project will be located along Pine Street from the railroad tracks west of F Street to Kaweah Avenue, Rocky Hill Drive between Kaweah and C Street, B Street between Palm and Maple, C Street between Palm and Maple, D Street between Palm and Maple, E Street between Palm and Maple and F Street between Palm and Maple. The project Will consist of raising valve boxes and manholes and patching and repairing asphalt concrete where needed, as well as the application of cape seal or slurry seal and striping.

The estimated useful life of this treatment to the roadway is approximately 8 - 12 years.

A request for bids (RFB 22-002) for the FY-22 Cape Seal and Microsurfacing project was advertised and a bid opening is scheduled for May 4, 2022. As part of this project, necessary ADA concrete improvements will be constructed under a separate contract.

Having banked previous year's SB 1 allocations, the City now has sufficient funds to proceed with the project, and construction is anticipated to begin this summer. This project is consistent with the Department's recommendation that the RMRA funds be used to preserve the City's street investment. By applying cape seals, slurry seals, or other appropriate rehabilitation applications to streets, the pavement life is extended in a good condition.

PASSED, ADOPTED, AND APPROVED THIS 26™ DAY OF APRIL 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

Barbara Sally, Mayor
ATTEST:

Shonna Oneal, City Clerk
Local Streets and Roads - Projected Revenues
2021-22 2022-23
Estimated January 2022 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntne TOTAL Account Rehab Acct Account Rehab Acct

SUTTER COUNTY
LIVE OAK 248,050 194,014 442,064 275,831 213,518 489,349 YUBA CITY 1,835,157 1,465,948 3,301,105 2,045,069 1,613,315 3,658,384 County of Sutter 3,827,639 3.632,696 7.460,335 4,281,127 3,997,880 8,279,007 Total Cities & County: Sutter 5,910,846 5,292,658 11,203,504 5,910,846 5,292,658 11,203,504

TEHAMA COUNTY
CORNING 205,081 158,741 363,822 174,698 402,593
RED BLUFF 377,042 295,609 672,651 325,325 744,850
TEHAMA 17,391 9,279 26,670 10,212 28,936
County of Tehama 3,978,127 4,024,115 8.002,242 4,381,907 4,428,646 8,810,553 Total Cities & County: Tehama 4,577,641 4,487,744 9,065,384 4,577,641 4,487,744 9,065,384

TRINITY COUNTY
County of Trinity 2,209,469 2,113,765 4,323,234 2,411,679 2,326.255 4,737,934

TULARE COUNTY
DINUBA 689,219 549,233 1,238,452 767,445 604.446 1,371,891 EXETER 289,151 227,775 516,926 321,592 250,673 572,265
FARMERSVILLE 297,593 234,610 532,204 331,008 258,195 589,203 LINDSAY 342,698 271,127 613,825 381,314 298,382 679,696 PORTERVILLE 1,536,382 1,233,864 2,770,247 1,712,118 1,357,901 3,070,019 TULARE 1,783,910 1,434,258 3,218,168 1,988,187 1,578,439 3,566,627 VISALIA 3,577,516 2,884,298 6,461,814 3,988,318 3,174,248 7,162,566 WOODLAKE 212,856 166,818 379,674 236,615 183,588 420,204 County of Tulare 14,894,876 14,166,304 29,061,180 16,660,076 15,590,398 32,250,474 Total Cities & County: Tulare 23,624,202 21,168,288 44,792,491 23,624,202 21.168,288 44,792,491

TUOLUMNE COUNTY
SONORA 142,617 101.553 244,170 158,135 111,762 269,897
County of Tuolumne 3,234,911 2,791,968 6,026,879 3,593,722 3,072,636 6,666,358 Total City & County: Tuolumne 3,377,528 2,893,521 6,271,049 3,377,528 2,893,521 6,271,049 CaliforniaCityFinance.com
January 2022 Page 20 of 21
City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: H8 X City Council
Regular Session:

Wording for Agenda: Authorize a well yield and performance test _X Consent Calendar at Well E9-W to be completed by HP Water Systems, Inc. of Fresno, Regular Item CA and authorize payment in the amount of $17,350 for said = Public Hearing services.

Review:

Submitting Department: Public Works City Administrator
Contact Name: Daymon Qualls, Public Works Director (Initials Required) Phone Number: 559.592.3318
Email: [email protected] aBE.

Department Recommendation:

Staff recommends that Council authorize a well yield and performance test at Well E9-Wto be completed by HP Water Systems, Inc. of Fresno, CA and authorize payment in the amount of $17,350 for said services.

Summary:

With the brushing, air lifting and post-work video survey of the well casing at Well E9-W (the well located behind R-N Market) now completed, a yield test is necessary to determine the well's actual pumping capabilities. Depending on the yield test results, a higher capacity pump, a higher horsepower motor, and possible electrical upgrades may be required to facilitate the increased pumping capabilities.

Staff solicited bids for yield testing from the following companies:

Willits Pump
Ingram Pump
Kaweah Pump.

HP Water Systems, Inc.

HP Water Systems, Inc. is the only company that responded with a quote for the work. It should be noted that HP Water Systems, Inc. comes highly recommended by Well Rehabilitation Services of Bakersfield, the company that preformed the rehabilitation work at Well E13-W, and is currently working to rehabilitate Well E9-W.

Background:

At the City Council meeting of March 8, 2022, the Council authorized 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 approved an appropriation of that amount into project account 105.461.080.043. This item was brought to Council after a video inspection of the well casing at Well E9-W, revealed some biofouling in the well casing, which is caused by the accumulation of algae or other microorganisms.

At that meeting staff explained that Well E9-W is the City's fourth top producer at approximately 400 GPM. Staff conveyed optimism that removing the buildup from the casing could result in increased production of the well, up to 50%.

Fiscal Impact: This project will be funded from the Water Fund through the deferral of other CIP projects reflecting the changes in priorities of work on the water system.

Prior Council/Board Actions: On March 8, 2022, Council authorized 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 .

Attachments: Proposal from HP Water Systems, Inc.

Recommended motion to be made by Council/Board: I move to authorize a well yield and performance test at Well E9-W to be completed by HP Water Systems, Inc. of Fresno, CA and authorize payment in the amount of $17,350 for said services.

HP WATER SYSTEMS, INC.
9338 W. WHITESBRIDGE
FRESNO, CA. 93706
LICENSE 701818
NAME CITY OF EXETER BID # #9 WELL YIELD TEST
LOCATION WELL #9 - GPS 36.2982810-119.1514096 DATE 4/19/2022 PROJECT PLANT #27260 Proposal by; Hollis Priest Jr.

PROPOSAL

WELL YIELD & PERFORMANCE TEST
MOBILIZE AND DEMOBOLIZE $ 2,200.00 $ 2,200.00
PROVIDE AND INSTALL 8" × 240 TEST PUMP AND DRIVE $ 9,950.00 $ 9,950.00 SPECIAL DISCHARGE 100 MAXIMUM PUMP TO STORM DRAIN. 1 1,200.00 $ 1,200.00 WELL YIELD RUN TIME ESTIMATED HOURS 16 $ 250.00 $ 4,000.00

PROCURE WELL YIELD PRODUCTION DATA AND REPORT
MATERIAL, TAX & LABOR $ 17,350.00

SCOPE OF WORK
COLLECT THE STATIC WATER LEVEL. START THE TEST AT 400 GPM DOCUMENTING THE GPM, PUMPING WATER LEVEL (PWL), SAND OR SILT PRODUCTION, EVERY 10 MINUTE S. A ROSSUM SAND TESTER WILL BE PROVIDED TO COLLECT SAND/SILT PRODUCTION IF NEEDED. IF THE PWL REMAINS STABLE FOR 30 CONSECUTIVE MINUTES INCREASE THE PRODUCTION 100 GPM. REPEAT THIS PROCESS UNTIL THE PWL IS NO LONGER STABLE, THEN REDUCE THE GPM UNTIL THE PWL REMAINS STABLE FOR TWO HOURS. CONCLUDE THE TEST ONCE YOU DETERMINE THE MAXIMUM STABLE WELL CAPACITY.

NOTES:

HOURS OF DEVELOPING ARE ESTIMATED ONLY
INVOICING WILL BE BASED ON ACTUAL HOURS OF RUN TIME AT THE RATE OF $250.00 PER HR.

WATER DISTRIBUTION AND SAND SPOILS ARE OWNERS RESPONSIBILTY

ADDER(S)
EQUIPMENT PROVIDED BY HEP SUCH AS;
BACKHOE TO CONTROL BARRIERS AND/OR REMOVE SAND SPOILS WILL BE AT ADDITIONAL CHARGE.

ADDITIVES SUCH AS MUD NOX IF REQUIRED TO LOOSEN DRILLERS MU.

Note: This proposal may be withdrawn by HP WATER SYSTEMS, INC. if not accepted within 30 days TERMS; DOWN PAYMENT PRIOR TO START 40% $ 6,940.00
BALANCE UPON COMPLETION 60% $ 10,410.00
TOTAL $ 17,350.00
1-1/2% MONTHLY INTEREST SHALL BE APPLIED TO UNPAID BALANCE PER TERMS.

Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as Specified. Payment will be made upon completion which includes, but not limited to; material purchases and job preparations. Legal fees and court costs incurred in the collection of monies owed according to this contract will be borne by the customer.

Authorized Signature
Print name
Title
Date of Acceptance
City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: 11 X_City Council
Wording for Agenda: Public Hearing - Consideration of an Regular Session:
. Consent Calendar
Ordinance of the City Council of the City of Exeter Renaming X Regular Item Chapter 8.50 of Title 8 of the Exeter Code of Ordinances "Regulation X Public Hearing of Cannabis" and Amending said Chapter to Provide for the Establishment and Regulation of an M (Medicinal) Type 12 Review:

Microbusiness(es) as Defined and Permitted by the State of California City Administrator
(Initials Required)
Submitting Department: City Attorney's Office
Contact Name: Julia M. Lew, City Attorney
Phone Number: 559.734.6729
Email: [email protected]
Department Recommendation:

That the City Council hold the noticed public hearing, and discuss and consider whether to approve and give first reading to the above-referenced draft Ordinance. The proposed amendments revise the city's restrictions 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. Additionally the proposed amendments provide a procedural framework for the approval and regulation of additional types of cannabis businesses, should the City Council take separate action in the future to allow such business types.

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 that would otherwise require separate State licenses:
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). At its regular meeting on March 22, 2022, the City Council directed this office to prepare a draft ordinance that would authorize the permitting of an M (Medicinal) - Type 12 Microbusiness, specifically tailored for the purposes outlined by the interested prospective applicant. Additionally, the City Council directed that additional information be brought back related to the potential permitting of additional types of cannabis businesses, such as retail adult-use dispensaries.

Attached is a draft Ordinance that would amend Chapter 8.50 of the City Code of Ordinances.

The amendments create a limited exception for the medicinal Microbusiness that has been proposed, establishing explicit limitations on the activities of the business and limiting the number of such businesses to 1 such business for every 20,000 residents. Because there would be an overlap related to the approval process and regulatory requirements for the proposed business and other cannabis businesses, the draft ordinance also establishes the regulatory framework for additional types of businesses, in the event the City Council wishes to consider authorizing other business types in the future.

This Ordinance establishes certain regulatory requirements for cannabis business operations.

However, the location restrictions for the business type need to be set forth in the City's Zoning Ordinance. Mr. Anderson is proposing that the center be located in the downtown, Central Commercial (or "CC") district, in a professional office setting given the highly specialized nature and purpose of the facility. Currently, cannabis dispensaries are expressly not allowed in the CC zoning district, and this restriction would apply to the proposed Microbusiness since a medical dispensary will be part of its operation. In addition to the approval of the draft Ordinance before the City Council at Tuesday's meeting, amendments to the Zoning Ordinance will need to be considered by the Planning Commission, prior to being considered by the City The City Council can request that the Planning Commission consider amendments to the Zoning Ordinance that would allow the Microbusinesses) to locate in the CC District, and if it desires can request consideration of additional location requirements. For example, under the State law cannabis dispensaries cannot be located within 600 feet of a K-12 school, or day care or youth center. Cities are permitted to establish tighter restrictions, and could additionally require additional processes, such as a Conditional Use Permit (which would be in addition to the Regulatory Permit requirements set for in Chapter 8.50).

Finally, given the proposed Microbusiness' operations, any local cannabis tax would not be relevant. However, if the City Council wishes to separately consider the permitting of other adult-use cannabis businesses, it may want to consider whether to implement, with the approval of the voters, local cannabis tax requirements. Generally, cities will take that step first, prior to expressly permitting other businesses, so that the community, by virtue of the tax election, has had an opportunity to weigh in on whether the businesses should be permitted as well as taxed, and the City's local tax regulations are in place prior to granting authorizations to specific adult- use businesses.

Fiscal Impact: Minor cost related to updating the City's ordinances.

Prior Council/Board Actions: Presentation by Mr. Anderson on May 14, 2019. Direction and input on March 22, 2022.

Attachments: Ordinance 702, An Ordinance of the City Council of the City of Exeter Renaming Chapter 8.50 of Title 8 of the Exeter Code of Ordinances "Regulation of Cannabis" and Amending said Chapter to Provide for the Establishment and Regulation of an M (Medicinal) Type 12 Microbusiness(es) as Defined and Permitted by the State of California Chapter 8.50 of the City of Exeter Code of Ordinances (Current) Recommended motion to be made by Council/Board: 1 move to direct staff to either; 1) Take no action; OR
2) Approve and give first reading to the Ordinance 702 of the City Council of the City of Exeter Renaming Chapter 8.50 of Title 8 of the Exeter Code of Ordinances "Regulation of Cannabis" and Amending said Chapter to Provide for the Establishment and Regulation of a M (Medicinal) Type 12 Microbusiness(es) as Defined and Permitted by the State of California, read by title only, and waiving further reading in full.

ORDINANCE 702

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EXETER
RENAMING CHAPTER 8.50 OF TITLE 8 OF THE EXETER CODE OF ORDINANCES "REGULATION OF CANNABIS" AND AMENDING SAID CHAPTER TO PROVIDE FOR THE ESTABLISHMENT AND REGULATION OF AN M (MEDICINAL) TYPE 12

MICROBUSINESS(ES) AS DEFINED AND PERMITTED BY THE STATE OF CALIFORNIA WHEREAS, California legislation provides that the City of Exeter has the power to regulate commercial cannabis activities, including the regulation of cannabis microbusinesses; and WHEREAS, the City Council of the City of Exeter finds that it is in the best interest of the community to allow the establishment of one (or more) M (Medicinal) Type 12 Microbusinesses, subject to the regulations set forth below and the location requirements as explicitly set forth in Exeter Zoning Ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER HEREBY ORDAINS as follows:

SECTION 1. Purpose. The purpose of this ordinance is to permit and regulate legal M (Medicinal) Type 12 Microbusinesses in the City of Exeter.

SECTION 2. Chapter 8.50 of Title 8 of the City of Exeter Code of Ordinances is hereby renamed "Regulation of Cannabis."
SECTION 3. Section 8.50, of the City of Exeter Code of Ordinances is hereby amended to read as follows:

Sec. 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 regulation of and restrictions 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 restriction of such activities is within the authority conferred upon the City Council in its Charter and state law.

B. The purpose of this article is to restrict personal cannabis cultivation, drying, harvesting, processing, smoking, and use, consistent with permitted local regulation under State law, allow specific business types as prescribed by this Chapter, and to expressly prohibit the establishment of certain other commercial cannabis uses in the City.

SECTION 4. Section 8.50.020 of the City of Exeter Code of Ordinances is hereby amended to read as follows:

Sec. 8.50.020 - Definitions.

For the purposes of this Chapter, the following definitions shall apply:
1 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 plan 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.

D. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes 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," "Commercial Cannabis Business," "Cannabis Business," or "Cannabis Operation," means the cultivation, possession, manufacture, 2 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 regulating 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, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

O. "Cannabis Microbusiness" or "Microbusiness" means a Type 12 Microbusiness as defined and regulated by the State of California, which requires that the licensee engage in a minimum of three of the following activities: 1) retail business (storefront or non- storefront dispensary), 2) distribution, 3) cultivation (less than 10,000 square feet), 4) transport, and 5) manufacture. The term includes an M (Medicinal) - Type 12 Microbusiness license.
"Applicant" means a person who is required to file an application for a permit under this section.

Q. "Business Owner" means the owners) of the Cannabis Business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of 5% or more. For all other businesses, other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest, other than a lien or encumbrance, of 20% or more in the commercial cannabis business.
3 R. "Cannabis business" or "cannabis industry" means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit.

A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.

S. "Commercial Cannabis Regulatory Permit" or "Regulatory Permit" means the permit required under this section to have a Cannabis Business. "Employee" means each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation.
"Medical Cannabis Dispensary" means a storefront cannabis dispensary with a valid M- Type 10 retailer license in accordance with MAUCRSA, or a medical retailer license component of a valid M-Type 12 Microbusiness.
"Operator" means the Business Owner and any other person designated by the Business Owner as responsible for the day to day Cannabis business operation. "Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

X. "Responsible Party" shall mean the Business Owner, Operator, managers), and any employee having significant control over the cannabis businesses operations.

Y. "State license," means a State license issued pursuant to California Business & Professions Code Sections 26000, et seq. or other applicable State law. "Transport" or "Transportation" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this chapter.

AA. "Gross Receipts," means the amount a Cannabis Operation received from all sources during its accounting period, without subtracting any costs or expenses.

SECTION 5. Section 8.50.030 of the City of Exeter Code of Ordinances is hereby amended to read as follows:

8.50.030 Prohibited Uses and Activities.

Unless otherwise expressly permitted by this Chapter, the following activities are prohibited:
4 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.

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.

Unless otherwise permitted by this Chapter, 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. Unless otherwise permitted by this Chapter, 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 and to the extent consistent with California law, and unless otherwise expressly permitted by this Chapter, all deliveries of cannabis or cannabis products, to or from any location are expressly prohibited. Unless otherwise permitted by this Chapter, 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.

SECTION 6. Section 8.50.041 of the City of Exeter Code of Ordinances is hereby added as follows:

8.50.041 Permitted Use/Exception. M (Medicinal) - Type 12 Microbusiness.

A. Permitted Use and Zoning. Business Owners meeting the requirements of this Chapter shall be allowed to conduct a M (Medicinal) - Type 12 Microbusiness in the zone districts) and locations) as specified in the City of Exeter Zoning Ordinance, subject to any additional location restrictions as imposed by MAUCRSA and the City Zoning Ordinance, upon obtaining a Regulatory Permit from the City, obtaining a business license from the City, and obtaining the applicable license from the State of California. The purpose of the Microbusiness shall be the operation of a medicinal treatment center for the provision of medically prescribed/recommended cannabis products for terminally and/or severely ill children and adults.

B. Requirements and Restrictions.

1. Maximum Number of Permits. The number of regulatory permits for dispensaries is limited to no more than one permit per every 20,000 residents. 5 Regulatory Permit/Fees.
a. Regulatory Permit. No person or entity shall operate a Cannabis Dispensary within the City of Exeter without first obtaining a Cannabis Regulatory Permit from the City. The Regulatory Permit shall be site specific and shall specifically identify the commercial cannabis activity that will be allowed at that site.

No commercial cannabis activity will be allowed unless specifically identified in the Regulatory Permit, and expressly allowed pursuant to this Chapter. b. Nothing in this Chapter or Code shall be construed to create an obligation for the City to create an obligation to grant a permit to, any cannabis dispensary or c. Permit Availability at the Discretion of the City Council. The City shall maintain complete discretion whether any permit approvals are made, and over the time, place, and manner of permit approvals.
d. Fees. All related fees and charges associated with the regulatory fee application process, and the granting, administering, and enforcing of the regulatory permits), and any other City costs related to the operations of the business shall be established by Resolutions) of the City Council, which may be amended form time to time.

3. State Law and Other State Laws. The cannabis Microbusiness shall at all times be in compliance with State Law and the implementing regulations, as they may be amended from time to time, as well as all required State license(s) under State Law, and any other applicable State law. The Operator shall obtain required licenses under State Law prior to operating the business.

4. Register of Employees. The Operator shall maintain a current register of the names of persons required to have Employee Permits. The register shall be available to the Police Chief at all times immediately upon request. All agents, officers, or other persons acting for or employed by a licensee shall display a laminated identification badge issued by the licensee. The identification badge shall, at a minimum, include the licensee's "doing business as" name and license number, the employee's first and last name, and a color photograph of the employee that shows the full front of the employee's face and that is at least 2 inches by 2 inches in size.

Labeling. All cannabis products offered to patients at the business location must provide testing and labeling at a minimum as required by State law and in compliance with any additional City regulations and as they may be amended.

Signage. All signage shall be subject to approval by the City of Exeter and consistent with the City's Signage Ordinances, and any other policies or guidelines adopted by the Alcoholic Beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the Premises.

Transportation. Transportation shall only be conducted according to activity permitted by State law.

Distribution. There shall be no distributions to the Premises of cannabis or cannabis containing products except from properly licensed and permitted cannabis businesses. City- 6 licensed and permitted cannabis retailers shall not distribute cannabis as a licensed distributor within the City, unless permitted by State law.

10. Minors. It shall be unlawful for any Operator to employ any person who is not at least twenty-one (21) years of age, or any older age if set by the State.

11. Hours of Operation. Cannabis Businesses shall be allowed to operate per the requirements of the underlying zone district and subject to the City's noise and nuisance ordinances, but in no case shall exceed the minimum State limits.

Compliance with Building and Related Codes. The Premises in which the Cannabis business operations occur shall comply with all applicable local, State and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the City. The Operator shall obtain all required building permits and comply with all applicable City standards.

13. Secure Building. All Cannabis Business operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for commercial structures and include material strong enough to prevent entry except through an open door.

14. Premises Security. The following security conditions shall apply:

Alarm System (both perimeter, fire and panic). A licensee shall maintain an alarm system as defined in Business and Professions Code section 7590.1(n). A licensee shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system.
b. Remote monitoring of alarm systems.
c. Exterior lighting systems for after-hours security.

Exterior and interior camera systems approved by the Police Chief. The camera systems shall meet the minimum requirements of State Law, include interior monitoring of all access points of the site from the interior, and be of a minimum 5 mega pixels in resolution. Cameras shall record continuously 24 hours per day and at a minimum of 20 frames per second. Areas monitored are defined by State law. e. All security systems at the site shall be attached to an uninterruptable power supply that provide continuous power.
f. The Exeter Police Department or Department designee shall have access to all security systems.
g. Subject to the provisions below regarding the use and handling of Confidential Information, IP access may be required for remote monitoring of security cameras by the Exeter Police Department or Department designee.
h. Subject to the provisions below regarding the use and handling of 7 Confidential Information, any and all video or audio tape recordings made for security or other purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of thirty (30) days and must be made available to the Exeter Police Department or Department designee for duplication upon demand. In addition, upon request by the Exeter Police Department the Responsible Party shall duplicate the records for the Exeter Police Department or Department designee. i. Hardened bullet resistant windows for exterior windows as part of any new or existing construction may be required.
j. Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.
k. Electronic track and trace systems for cannabis products shall be utilized as approved by the City and as required by State law.

I. Premises may be inspected and records of the Business Owner audited by the City for compliance on a quarterly basis or at any reasonable time at the City's discretion.
m. State of the art network security protocols and equipment need to be in place to protect computer information.

The requirements of this Section shall be approved by the Police Chief prior to commencing operations. The Police Chief may supplement these security requirements once operations begin, subject to review by the City Council if requested by the Business Owner.

The City, Police Chief, Police Department employees, and any other law enforcement official acting under the direction of the Police Chief who access the Premises and video and/or audio feeds or recordings of the Premises ("Recipients") may receive or be provided with confidential information relating to the Cannabis Microbusiness, which may include the following: data, records, plans, and matters relating to customers, vendors, tenants, agreements, and business records (collectively "Confidential Information"). To the extent Confidential Information is acquired without a warrant for access to the Premises and video and/or audio feeds or recordings as authorized under this section, the Recipients shall, to the maximum extent possible, keep such Confidential Information confidential anc not disclose the Confidential Information to any third parties. Provided, however, that the Recipients may disclose Confidential Information to the State or Federal courts in California in connection with any criminal law enforcement action against the Business Owner or Operator, (including its employees, contractors and agents conducting business within the Premises) arising from or related to the Cannabis Microbusiness, but only to the extent it is necessary and relevant to such criminal prosecution, and the Recipients shall file any such documents under seal to the extent they contain any Confidential Information. Notwithstanding the foregoing, the City may disclose Confidential Information:
i. As may be required by the California Public Records Act or pursuant to a civil subpoena, and as not otherwise prohibited by applicable law, provided however, the City shall notify the Operator 8 and provide the Operator with a reasonable opportunity to obtain a protective order before disclosing the Confidential Information, or ii. In connection with any City enforcement proceeding relating to compliance with City's Code and this section, but only to the extent the Confidential Information is relevant to the proceeding.

15. Delivery.
a. All deliveries of cannabis goods must be performed by a delivery employee of the licensed Microbusiness.
b. Each delivery employee of a licensed dispensary shall be at least 21 years of age.

C. A licensed Microbusiness shall not use the services of an independent contractor or courier service to deliver cannabis goods. d. All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall not be made through the use of an unmanned vehicle. e. A delivery employee begins the process of delivering when the delivery employee leaves the dispensary premises with the cannabis goods for delivery. The process of delivering ends when the delivery employee returns to the licensed dispensary premises after delivering the cannabis goods to the cannabis patients or primary caregivers.

A delivery employee of a licensed dispensary shall, during deliveries, carry a copy of the Microbusiness's current license, the employee's government-issued identification, and an employer provided badge containing a picture and the name of the delivery employee.
g. A licensed Microbusiness shall maintain an accurate list of the Microbusiness's delivery employees.

16. Deliveries of Supplies and Transportation of Product. The following rules apply to the deliveries and transportation:

Deliveries to the Premises of supplies shall only occur as provided for in the diagram and floor plan on file with the City as part of the application process. Delivery vehicles shall not have any markings indicating that deliveries are being made to a Cannabis Microbusiness.
b. The transportation of cannabis samples and product to and from the Premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and products. The Responsible Party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the Police Chief.

Premises Maintenance. The Business Owner, Operator, and all Responsible Parties shall continually maintain the Premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety and general welfare of employees, patrons, surrounding properties, and the general public, and in accordance with the conditions and site plan approved with the Development Agreement. The Premises of the Cannabis Microbusiness shall not 9 be maintained in a manner that causes a public or private nuisance.

18. Additional rules or policies. In addition to any regulations, policies, or procedures authorized to be adopted by the City in accordance with this Article or this Code, the City Administrator, or his or her designee, is authorized to establish any addition rules, regulations, policies and standards governing the: application review and approval process, the issuance, denial or renewal of cannabis Microbusiness regulatory permits, the ongoing operation of commercial cannabis Microbusinesses and the City's oversight of same; and/or concerning any other subject determined to be necessary to carry out the intent and purposes of this Chapter. Additional rules, regulations, policies and standards shall be published to the City's website and maintained and available to the public in the Office of the City Clerk.

19. Indemnification and Limitations on City's Liability. a. To the fullest extent permitted by local, state, and/or federal law, the City shall not assume any liability whatsoever with respect to having issued a regulatory permit pursuant to this Chapter, or otherwise approving the operation of any commercial cannabis business.
b. As a condition to the approval of any regulatory permit, the applicant shall be required to execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend at the applicant's sole cost and expense, and hold harmless the City, and its officers, officials, employees, representatives, and agents from and against all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the City's drafting, adoption and passage of regulations, related resolutions, policies, rules and guidelines, allowing cannabis Microbusinesses or in the future making any regulatory amendments; the City's issuance of the regulatory permit; the City's decision to approve the operation of the Microbusiness; the process used by the City in making the decision to issue, approve or deny a permit; and/or the alleged violation of any federal, state or local laws by the Microbusiness or any of its officers, employees or agents.

C. The Microbusiness shall maintain insurance at coverage limits and with conditions thereon determined necessary and appropriate from time to time by the City.

The Microbusiness shall reimburse the City for all costs and expenses, including but not limited to attorney fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's regulatory permit, or related to the City's approval of the applicant's commercial cannabis activity. The City may, at its sole discretion, participate at its own expense in the defense of such action, but such participation shall not relieve any of the obligations imposed hereunder.
e. The terms and provisions as enumerated in this section related to indemnification and limitation on the City's liability shall be an explicit condition of a regulatory permit that an applicant and permittee shall agree to in order for same to be valid.

SECTION 7. Section 8.50.050 of the City of Exeter Code of Ordinances is hereby repealed and replaced with the following:
10 8.50.050 Regulatory Permit Required.

A. At the time authorized by the City, applications for Regulatory Permits shall be filed by the proposed Business Owners) with the City and include the information set forth herein. The City may request such additional information as they deem necessary to determine who the applicant is, and may adopt additional requirements as authorized by this Chapter.

The applicant shall certify under penalty of perjury that all the information contained in the application is true and correct. The application shall contain the following items for the Business Owner, Operator and all Responsible Parties known at the time (if different than the Business Owner), and any other party designated below, to the extent the same shall apply:

1. The full name, present address, and telephone number, including such information to the Premises Owner.

2. Date of birth.

3. Tax identification number.

4. The address to which notices relating to the application is to be mailed.

5. Previous addresses for the five (5) years immediately preceding the present.

6. The height, weight, color of eyes and hair.

7. Photographs for identification purposes (photographs shall be taken by the Police Department).

8. All business, occupation, or employment for the five (5) years immediately preceding the date of submittal of the application form.

9. The Cannabis Operation business history, including whether the Business Owner and Responsible Parties while previously operating in this or another city, county or state has had a cannabis related license revoked or suspended, the reason therefore, and the business or activity or occupation subsequent to such action of suspension or revocation.

10. Complete property ownership and lease details, where applicable. If the Business Owner is not the Premises Owner, the application form must be accompanied with a notarized acknowledgment from the Premises Owner that Cannabis sales will occur on its property.

11. A descriptive business plan for the Cannabis Operation, including a detailed list of all Cannabis Business activities proposed to occur on the Premises.

12. A diagram and floor plan of the entire Premises, denoting all the use of areas proposed for Cannabis production, including, but not necessarily limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. For Cannabis Dispensaries, the floor plan should show the layout and design of the building. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the Premises to an accuracy of plus or minus six (6) inches.
11 13. The name or names of the Operator. The Operator shall designate one or more Responsible Parties, one of which shall at all times be available as a point of contact for the City, 24 hours per day. The contact information and schedule of the Operator and Responsible Parties shall be provided to the Police Chief and updated within twenty-four (24) hours of any changes.

14. The proposed security arrangements for insuring the safety of persons and to protect the Premises from theft.

15. An accurate straight-line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the Cannabis Operation and the property line of any school, day care center, or youth center, as defined by MAUCRSA, within a 600 foot radius, and within a 1000 foot radius, illustrating compliance with the City's location restrictions as restricted by MAUCRSA and the City's Zoning Ordinance.

16. Authorization for the City, its agents and employees to seek verification of the information submitted.

B. Other Permits or Licenses. The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a Regulatory SECTION 7. Section 8.50.060 of the City of Exeter Code of Ordinances is hereby repealed and replaced with the following:

8.50.060 Employee Permit Required.

A. Every employee or independent contractor working at a Cannabis Operation or involved in transportation/delivery related services for a Cannabis Business shall obtain an Employee Permit. It shall be the duty of the Operator to ensure that Employee Permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a Business Owner on a Regulatory Permit shall not be required to obtain an Employee Permit if such person also serves as an employee or contractor. All Responsible Parties, except the Business Owner, shall be required to obtain an Employee Permit.

B. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Police Department can perform a background check:

1. Name, current resident address, and telephone number.

2. Date of birth.

3. Tax identification number.

4. Height, weight, color of eyes, and hair.

5. Photographs for identification purposes (photographs shall be taken by the Police Department).

6. Be fingerprinted by the Police Department.
12 7. Such other identification and information as deemed necessary by the Police Chief and pertinent to the Employee Permit.

8. Authorization for the City, its agents and employees to seek verification of the information contained within the application.

9. The name of the Business Owner holding the Regulatory Permit and the Operator for which such person is proposed to work.

SECTION 8. Section 8.50.070 of the City of Exeter Code of Ordinances is hereby repealed and replaced with the following:

8.50.070 Application Fees.

Every new application for a Regulatory Permit, Employee Permit, or renewal shall be accompanied by a nonrefundable fee, as established by resolution of City Council. This fee shall be in addition to any other business license, tax, or permit fee imposed by this Code or other governmental agencies.

The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general ongoing monitoring for compliance and processing of the application.

SECTION 9. Sections 8.50.080 through 8.50.220 of the City of Exeter Code of Ordinances are hereby added as follows:

8.50.080 Investigation.

A. Upon the filing of a properly completed application and the payment of the fee, the Police Chief i s authorized to conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a Regulatory Permit and Employee Permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Exeter Police Department.

B. For Employee Permits, after the background checks and investigation are complete, and in no case later than thirty (30) days after receipt of a properly completed application, the Police Chief shall either approve or deny an Employee Permit. At the discretion of the Police Chief, Employee Permits may be conditionally approved pending the background investigation.

8.50.090 Term of Permits and Renewals. Regulatory Permits issued under this Chapter shall expire on December 31St each year. Applications for renewal shall be made at least forty-five (45) days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than forty-five (45) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on similar to applications for permits except that the Police Chief shall renew annual permits for additional one year periods if the circumstances and information provided with the initial application have not materially changed. Regulatory fees may be pro-rated based on the term of the Regulatory Permit.

8.50.100 Grounds for Denial of Regulatory Permit.

Nothing in this Section shall be construed to require the City to grant a regulatory permit.

Notwithstanding this, applications for a Regulatory Permit are required to be denied for one or more of the following:
13 A. The business or conduct of the business at a particular location is prohibited by any local or State law, statute, rule or regulation.

B. The Business Owner or Operator has been issued a local or State permit related to Cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the Business Owner or Operator has had disciplinary action relating to the permit.

C. The Business Owner or Operator has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application.

D. Consistent with State Law or other applicable State law, the Business Owner or Operator, or any Responsible Person, has been:

1. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1192.7(c); or

2. Convicted of any of the offenses listed in Business and Professions Code section 19323; or

3. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or

4. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or

5. Has engaged in misconduct related to the qualifications, functions or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State Law; or

6. Consistent with State Law or other applicable State law, the Business Owner or Operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or

7. The Business Owner or Operator is under twenty-one (21) years of age, or any older other age set by the State; or

8. The Cannabis Operation does not comply with the zoning ordinance standards of the City, the development standards set forth in this Code, or the terms of the Development Agreement; or

9. The required annual business license fee, annual regulatory fee or fees specified in this Code have not been paid

8.50.110 Grounds for Denial of Employee Permit.

The grounds for denial of an Employee Permit shall be one or more of the following:

A. The applicant has been issued a local or State permit related to Cannabis production at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.

B. Consistent with State Law or other applicable State law, the applicant has been:
14 1. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and | 192.7(c); or

2. Convicted of any of the offenses listed in Business and Professions Code section 19323; or

3. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or

4. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in State Law; or has engaged in misconduct related to the qualifications, functions or duties of a permittee; or

5. Consistent with State Law or other applicable State law, the applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or

6. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit; or

7. An applicant is under eighteen (21) years of age, or any older age set by the State.

8.50.120 Notice of Decision and Final Action.

A. Regulatory Permit. Action on a properly authorized and submitted application for a Regulatory Permit shall be as follows:

1. The Police Chief shall cause a written notice of his or her recommendation on the issuance or denial of a Regulatory Permit, and the date and time when the City Council will consider action on the Regulatory Permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.

2. Following a public hearing before the City Council, the Council may grant the Regulatory Permis subict to the othere equiresence to protect the and select see and we are o the community, or it may deny the issuance of the Regulatory Permit for any of the grounds specified in this section. The decision of the Council shall be final, subject to judicial review below.

B. Employee Permit. Action on the Employee Permit shall be as follows: The Police Chief shall cause a written notice of his or her determination on the issuance or denial of an Employee Permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The Police Chiefs decision on an Employee permit shall be final, subject to judicial review.

8.50.130 Suspension and Revocation of Regulatory Permit or Employee Permit.

A. Regulatory Permit. The City Council may suspend or revoke the Regulatory Permit of a Commercial Cannabis Operation when any of the following occur:
15 1. The Cannabis Operation is conducted in violation of any provision of this section, or any applicable State law.

2. The Cannabis Operation is conducted in such a manner as to create a public or private nuisance.

A failure to pay the Regulatory Fee required by this Article or other required fees pursuant to this Code.

4. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the Premises, traffic control problems, or obstruction of the operation of another business.

5. A failure to comply with the terms and conditions of the Regulatory Permit issued in connection therewith.

6. Any act which would be considered grounds for denial of the Regulatory Permit in the first instance.

B. Employee Permit. The Police Chief may suspend or revoke an Employee Permit when the permittee or the employee has committed any one or more of the following acts:

1. Any act which would be considered a ground for denial of the permit in the first instance.

2. Violates any provision of this section, State Law, or any other applicable law relating to the Cannabis Operation.

3. Violates or fails to comply with the terms and conditions of the Employee Permit.

C. Procedures for Revoking Regulatory Permits. For Regulatory Permits, the procedures for revoking conditional use permits shall be utilized except that the matter shall be heard by the City Council in the first instance, and shall be subject to the same judicial process as applied to a Conditional Use Permit.

D. Procedures for Revoking Employee Permits. Prior to suspension or revocation of an Employee Permit, the Police Chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid. Any permittee aggrieved by the decision of the Police Chief in suspending or revoking an Employee Permit shall have no appeal rights and the Police Chiefs decision shall be final, subject to judicial review as set forth in this section.

E. Immediate Suspension. The Police Chief may immediately suspend or revoke a Regulatory Permit and an Employee Permit without notice or a hearing, subject to the appeal rights set forth herein, under either of the following circumstances:

1. The Business Owner or Operator is convicted of a public offense in any court for the violation of any law which relates to the Cannabis Operation, or in the case of an Employee Permit, the employee is convicted of a public offense in any court for the 16 violation of any law which relates to the permit.

2. The Police Chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Police Chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.

8.50.140 Effect of Denial or Revocation.

When the City Council shall have denied a Regulatory Permit or revoked a Regulatory Permit, or the Police Chief shall have denied or revoked an Employee Permit, no new application for a Regulatory Permit and no new application for an Employee Permit shall be accepted and no Regulatory Permit ot Employee Permit shall be issued to such person or to any corporation in which he or she shall have an beneficial interest for a period of one (1) year after denying or revoking the Regulatory Permit or Employee Permit.

8.50.150 Abandonment.

In addition to the suspension or revocation of a Regulatory Permit, a Regulatory Permit may be deemed abandoned if the Cannabis operation ceases for a period of more than ninety (90) consecutive days. Before restarting operations, a new Regulatory Permit shall be secured. The 90 day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.

8.50.160 Other Licenses, Permits, Taxes or Charges.

Except as expressly provided in this Chapter, nothing contained in this Chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other title or Chapter of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other title or Chapter of this Code or any other ordinance or resolution of the City. Any references made or contained in any other title or Chapter of this Code to any permits, licenses, taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the permits, licenses, taxes, fees or charges, or schedule of license fees, provided for in other titles or Chapters of the Exeter City Code of Ordinances unless otherwise expressly provided

8.50.170 Violation Deemed Misdemeanor and other Remedies.

Any person who violates any provision of this Chapter, or who other than by a sworn statement, knowingly or intentionally misrepresents to any officer or employee of the City any material fact herein required to be provided, is guilty of a misdemeanor punishable as provided in this Code. A person who on a sworn statement states as true a material fact that he or she knows to be false is guilty of perjury. Additionally, the City may avail itself of any remedies or enforcement provisions provided for in this Code.

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 this Code, no provision in this Code 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 17 the same may be amended from time to time. In the event of any conflict between the penalties enumerated under this Code and any penalties set forth in state law, the maximum penalties allowed consistent with state law shall govern.

8.50.180 Actions to Collect.

The amount of any tax, fee, penalty and/or interest imposed pursuant to this Chapter shall be deemed a debt owed to the City. An action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent tax, fees, penalties and interest thereon.

8.50.190 Severability.

If any provision of this Chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Chapter or the application of this Chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

8.50.200 Remedies Cumulative.

All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

8.50.210 Amendment or Repeal.

This Article may be repealed or amended by ordinance of the Exeter City Council.

8.50.220 Penalties.

Any entity that fails to pay the taxes and/or fees required by this Code within fifteen (15) days after the due date shall pay in addition to those taxes and/or fees a penalty for nonpayment in the sum equal to twenty-five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added on the first day of each calendar month following the month of the imposition of the twenty-five percent (25%) penalty if the fee remains unpaid - up to a maximum of one hundred percent (100%) of the fee payable on the due date.

Receipt of the fee payment by the City shall govern the determination of whether the fee is delinquent. Postmarks will not be accepted as adequate proof of a timely payment.

SECTION 9. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. The City Administrator is hereby authorized to direct that a Notice of Exemption be filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].

SECTION 10. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Exeter, or any official, employee or agent thereof.

SECTION 11. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or 18 ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

SECTION 12. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Exeter hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 13. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Exeter Code of Ordinances as amended by this ordinance are substantially the same as provisions in the Exeter Code or Ordinances existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 14. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in a newspaper printed and published in the City of Exeter, State of California, together with the names of the Council members voting for and against the same.

PASSED, APPROVED AND ADOPTED this _day of April, 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
19 Exeter, LA code or Urainances
Chapter 8.50 - MEDICAL MARIJUANA
Sections:

Footnotes:
--- (7) --
Editor's note Ord. 6835§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. 683 83, 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.

D. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also 1/4
Exte, uM cuue or Urainances
includes 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, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
(Ord. 68353, 2017)
214
- ...

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$3, 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;

2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis;

3. Smoking or ingesting cannabis or cannabis products except as prohibited by California Health and 3/4
exeter, LA Loue Or Urainances
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 33, 2017)

8.50.050 - Public nuisance.

Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 683 53, 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. 68353, 2017)
4/4
City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: 12 X City Council
Wording for Agenda: Receive Measure P funding status updates Regular Session:
and adopt Resolution 2022-11 for Measure P Expenditure Budgets for Fiscal Year 2022/2023 and 2023/2024 Consent Calendar x Regular Item
Submitting Department: Finance — Public Hearing
Contact Name: Rainbow Moore, Finance Director
Review:

Phone Number: 559-592-2755
Email: [email protected]
City Administrator
(Initials Required)
Department Recommendation:

Staff recommends that Council:
-

1. Receive Measure P funding status updates including key Measure P program accomplishments and revised five-year funding plan

2. Adopt Resolution 2022-11 for Measure P Expenditure Budgets for Fiscal Year 2022/2023 and 2023/2024 as presented in Attachment "A"
Summary:

The Measure P (fund 141) is a new special revenue fund to account for the one percent Transactions and Use Tax (Ordinance 694) approved by the voters of City of Exeter in November of 2020. This supplemental general sales tax measure was proposed and approved mainly to continue funding public safety, streets, parks, building facility maintenance, and other essential City services. The five-year funding plan was approved May 11, 2021 (Resolution 2021-10) and the City started to receive the funds in May 2021. The City collected $880,537 so far in this fiscal year, July 2021 through February 2022, and it is anticipated that the annual revenue is to exceed its original projection by approximately $450,000 in this and upcoming years.

Although revenues are currently projected significantly higher than anticipated, staff recommends an optimistic but conservative and flexible approach to the upcoming budgets for several reasons. The City does not have a history of annual Measure P revenues to base future projections on, potentially reducing reliability. Also, the current inflation rate being experienced across the nation is having a significant impact on the cost of goods and services, which will likely affect the costs of the expenditure items proposed in the budget, potentially requiring additional funding beyond that projected for the current expenditures. In addition, there is the potential for a future economic correction to curb the current inflation rate which could affect Measure P revenues since Measure P is based on sales tax and sales tax can fluctuate with the economy.

Adhering to the bylaws of the Measure P Oversight Committee, an annual meeting was held on March 31, 2022, to provide updates on the funding status including program accomplishments.

Overall, the Committee was supportive of the progress that the City has made towards the program objectives. Through February 28, 2022, a total of $126,587 was spent and an additional $647,700 expenditure is anticipated to occur during the remaining current fiscal year.

Based on the revenue projection considerations discussed above, a revised long-range expenditure plan was discussed with the committee that consisted of continuing to fund the originally budgeted items along with funding the needs that were previously identified but deferred due to insufficient revenue being projected. The Committee was in agreement with the proposal and felt that this approach provided an optimistic approach but allowed for potential future flexibility if needed. The revised plan not only included the items that were previously approved but also the deferred items such as Street Rebuilds ($300,000) and Recreation program expansions ($45,000). In addition to the two ongoing items, the one-time building renovation expense ($64,050) and Recreation online registration software ($60,000) were also recommended.

For FY2022/2023, total of $1,276,650 Measure P budget appropriation is being requested and $1,148,900, for FY2023/2024. Staff prepared Attachment "A" to Resolution 2022-11 that includes details for the two-year Measure P Budget Requests.

Background:

During November 2020, -the Exeter Local Control and Essential Services Measure, Measure P, was approved by the voters to be able to utilize the one percent sales taxes for the benefit of the City of Exeter. To ensure fiscal accountability and transparency, the Measure P Oversight Committee was formed. There are seven members on the committee, and they serve staggered four-year terms. An annual Measure P Committee meeting was held on March 31, 2022, to provide an update on the funding status and to discuss the funding plan for the upcoming years. Staff was also able to highlight key successes of the Measure P program.

Measure P Funding Program Highlights:

Due to the delay in the funding receipt, the FY2020/2021 funding plan was carried over to the current fiscal year. Despite the staffing and Covid-19 pandemic related challenges, staff worked diligently to carry out the Measure P program goals and objectives. As a result, the Community Services Officer was hired, and needed equipment (mainly a vehicle and radios) was purchased utilizing the Measure P funding. Based on the needs developed for the Measure P funding, the Community Services Officer primary duties is handling code enforcement services for the City and is a new position that the City was able to add because of the Measure P funding. With this, the City was able to shift the code enforcement program from Public Works, allowing the Public Works department to focus on its core missions: maintaining and improving the water, sewer, and road infrastructure. Additionally, the State mandated excessive water usage monitoring will continue through the Code Enforcement duties.

Furthermore, the Police Department was able to promote two long term personnel into the Lieutenant and Sergeant positions utilizing this funding. Another full-time officer is also being funded with Measure P. These are vital steps in improving overall Police Department operations. The much needed building maintenance and repair work is also in progress on the Police/Administration building. Starting the fire engine replacement fund is another major program milestone.

There are multiple Measure P projects that are still under way for the current fiscal year: Street overlays and City facility maintenance work (paint, ADA improvements, roofing, and mold removal).

Measure P Funding Status:

During the funding planning stage (January & February 2021), the City anticipated receiving between $851,000 and $1.0 million for the current year with one and two percent funding growth for the subsequent years. The conservative initial estimates have been since revised to reflect historical speed of the economic recovery from the pandemic. It only took 1.50 years for the U.S. GDP to reach the pre-pandemic level, while it took almost five years to recover from the 2009 recession.

Based on the updated but still conservative projections by the sales tax consultant, the Measure Prevenue is now estimated to yield $1.3 million for the current fiscal year with three to five percent growth over the next five years. Table 1 below presents the originally projected revenues for Measure P, the most current projection for the revenues and the difference between the two.

Table 1: Measure P Revised Revenue Projection
Fiscal Year FY2021-2022 FY2022-2023 FY2023-2024 FY2024-2025 Original Revenue Projection $851,000 $868,105 $876,786 $885,554 Growth Projection 2% 1% 1%
Updated Revenue Projection $1,301,000 $1,365,000 $ 1,411,000 $1,456,000 Updated Growth Projection 5% 3% 3%
Additional Revenue Projected $450,000 $496,895 $534,214 $570,446 Measure P Funding Plan
Conversely, the Measure P sales tax is fairly new; therefore, the forecasting for the first few years can be challenging. The tax base not only includes the existing physical businesses in the City, but also the online sales, new auto sales, construction materials, and business to business sales.

As to the expenditure plan, the Staff did not recommend any new expenditures; rather, they recommended continuing to fund the already approved items while starting to fund the expenditure items that were previously identified but deferred due to funding shortages. The cost of the deferred items is $345,000 per year for the ongoing cost and $124,050 for the one- time expenditure.

The following is the breakdown for the previously deferred items now being recommended to be funded:
• $300,000 a year for street rebuilds (ongoing item)
$45,000 a year for recreation program expansion and operations boost (ongoing item • $60,000 one-time recreation registration software purchase and implementation • $64,050 one-time City owned facility updates
The detailed expenditure plan can be found in Attachment A of Resolution 2022-11. Table 2 below contains a summary of the projected Measure P Fund revenues and expenses for fiscal years 2022/2023 through 2026/2027 based on current revenue projections and the expenses listed in Attachment A of Resolution 2022-11.

Table 2: Measure P Five Year Funding Plan
FY23 FY24 FY25 FY26 FY27

FUNDING FUNDING FUNDING FUNDING FUNDING

ITEMS PLAN PLAN PLAN PLAN PLAN
Beginning Fund Balance $ 916,486 $1,008,931 $1,275,264 $1,560,732 $1,860,329 Measure P Revenue Estimated $1,365,000 $1,411,000 $1,456,000 $1,499,000 $1,542,000 Interest Revenue Estimated $ 4,095 $ 4,233 $ 4,368 $ 4,497 $ 4,626 Total Program Revenue $1,369,095 $1,415,233 $1,460,368 $1,503,497 $1,546,626 Total Available Cash for Projects $2,285,581 $2,424,164 $2,735,632 $3,064,229 $3,406,955 Funding needed for the approved
items $ 807,600 $ 803,900 $ 829,900 $ 858,900 $ 888,900 Additional Funding Need Proposed
for Previously Deferred Items $ 469,050 $ 345,000 $ 345,000 $ 345,000 $ 345,000 Total Program Expenditure $1,276,650 $1,148,900 $1,174,900 $1,203,900 $1,233,900 Total available cash for reserves $1,008,931 $1,275,264 $1,560,732 $1,860,329 $2,173,055 25% Reserve Requirement 342,274 353,808 $ 365,092 375,874 386,657 Available Funding for future
projects $ 666,657 921,456 $1,195,640 $1,484,455 $1,786,399 Additional Funding Consideration:

Due to the major fluctuations in the revenue estimates and considerations discussed above, the Committee expressed its preference for more frequent meetings over the current annual meeting. Staff anticipates having another Measure P Oversight Committee meeting later this year to discuss the funding plan in more detail based on additional revenue and expense data.

The Committee also discussed the possibility of accelerating the funding commitment for the fire engine replacement if revenues do end up allowing for it. It is currently set at $100,000 a year and it will take approximately eight years or more to build up enough funds to be able to replace the current Fire Engine 11. There could be an advantage to replace the engine sooner based on anticipated changes in the Fire service contract terms with the Tulare County Fire Department that is currently being negotiated. Additionally, the need for starting a City Facility tuna was also brought up to address upcoming space needs for future service expansion. The committee telt that these items allowed for addressing needs previously identified for the Measure P funding along with flexibility while the revenue levels continue to be monitored.

Two-Year Measure P Expenditure Plan
Staff recommends Council approve the Two-Year Measure P Budget to be included in the master budgets that will be brought back for consideration and adoption during June 2022 Council meetings. The requested budget appropriation for FY2022/2023 is $1,276,650 and FY2023/2024, $1, 148,900 for Measure P (Fund 141). The FY2022/2023 requested appropriation includes a one-time funding request of $127,750. The additional details of the budget request including the expenditure accounting code information are found in the Attachment "A". Table 3 lists the items currently needing additional appropriations through the upcoming two year budget.

Table 3: Requested FY2022/2023 and FY2023/2024 Measure P Expenditure Appropriations FY2022/2023 FY2023/2024

REQUESTED REQUESTED

PROJECT DESCRIPTION BUDGET BUDGET
Police and Administration building
repairs and updates (carryover only) $ 26,700 $
Admin fee to State $ 5,000 $ 5,000
Carnegie building maintenance $ 6,500 $ 6,500
City Hall building maintenance $ 3,000 $ 3,000
Code enforcement departmental
operations $ 5,000 $ 5,000
Code enforcement personnel $ 90,000 $ 99,000
Corporation Yard building maintenance $ 12,000 $ 12,000 Fire engine replacement $ 100,000 $ 100,000
Fire station building maintenance $ 10,600 $ 10,600
Park maintenance and capital
improvements $ 40,000 $ 40,000
PD officer funding $ 121,000 $ 133,000
PD operations $ 50,000 $ 50,000
PD two officer salary increase (for Lt. Sg
Promo) $ 16,000 $ 18,000
Police and Administration building
maintenance $ 21,800 $ 21,800
Street overlays $ 300,000 $ 300,000
Carnegie building repairs and updates 10,000 $ -
City Hall building repairs and updates $ 3,300 $
Corporation Yard repairs and updates $ 33,750 $
Fire station building repairs and updates 17,000 $
Recreation registration software
purchase $ 60,000 $ -
Rec program costs: Software,
Equipment Replacement $ 15,000 $ 15,000
Rec program expansion (Adults) $ 15,000 $ 15,000
Rec program expansion (High School) $ 15,000 $ 15,000
Street rebuilds $ 300,000 $ 300,000
Total Funding Need for Approved Items $ 807,600 $ 803,900 Total Funding Need for Deferred Items $ 469,050 $ 345,000

TOTAL REQUESTED MEASURE P
BUDGET $ 1,276,650 $ 1,148,900
Fiscal Impact: Once the two-year Measure P Expenditure Budget is approved, the budgets will be included in the overall City FY2022/2023 and FY2023/2024 budgets that are to be brought to Council for consideration and adoption during June 2022. No other Two-Year Budget items are being recommended at this time.

Conversely, if the Measure P Two-Year Budget request is not approved, a few items still need to be funded continuously (such as personnel and operations) which will have to be funded with the General Fund.

Prior Council/Board Actions: Resolution 2021-10-Measure P CIP Budget Approval Attachments: Resolution 2022-11, Approving Measure P Budgets For Fiscal Years 2022/2023 And 2023/2024
Recommended motion to be made by Council/Board: I move to approve Resolution 2022- 11 as presented
RESOLUTION 2022-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER APPROVING MEASURE P BUDGETS FOR FISCAL YEARS 2022/2023 AND 2023/2024 WHEREAS, the City of Exeter City Council held a meeting on April 26, 2022 on a budget adoption for Measure P Fund (141) for fiscal years 2022/2023 and 2023/2024 to set budget appropriations in the amount of $1,276,650 (FY2022-2023) and $1, 148,900 (FY2023-2024).

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 Measure P budgets (fund 141) for Fiscal Years 2022-2023 and 2023- 2024, 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.

Passed, approved, and adopted this 26th day of April 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Attest:

Mayor
City Clerk
Attachment A
FY2022/2023 & FY2023/2024 Measure P Expenditure Budget
SUB FY2022/2023 FY2023/2024

DEPAART EXPENSE EXPENSE PROJECT REQUESTED REQUESTED
PROJECT DESCRIPTION FUND MENT OBJECT OBJECT BUDGET ONGOING? BUDGET BUDGET NOTE Police and Administration building repairs
and updates (carryover only) 141 404 080 001 106,700 One time 26,700 $ Admin fee to State 141 404 012 000 5,000 Ongoing 5,000 5,000 Carnegie building maintenance 141 404 019 000 6,500 Ongoing 6,500 6,500 City Hall building maintenance 141 404 019 000 3,000 Ongoing 3,000 3,000 Code enforcement departmental
operations 141 405 012 000 5,000 Ongoing 5,000 5,000
001/004/005/006/0
Code enforcement personnel 141 405 08/009/023 000 75,000 Ongoing 90,000 99,000 Corporation yard building maintenance 141 461 019 000 12,000 Ongoing 12,000 12,000 Fire engine replacement 141 404 074 000 100,000 Ongoing 100,000 100,000 Fire station building maintenance 141 404 019 000 10,600 Ongoing 10,600 10,600 Improvementance and capia 141
472 019 000 40,000 Ongoing 40,000 40,000
001/004/005/006/0
PD officer funding 141 421 08/009/023 000 90,000 Ongoing 121,000 133,000 PD Operations 141 421 012 000 50,000 Ongoing 50,000 50,000 PD two officer salary inc (for Lt. Sg 001/004/005/006/0 Promo) 141 421 08/009/023 000 60,000 Ongoing 16,000 18,000 Police and Administration building
maintenance 141 404 019 000 21,800 Ongoing 21,800 21,800 Street Overlays 141 431 019 300,000 Ongoing 300,000 300,000 Previously
Carnegie building repairs and updates 141 404 080 003 10,000 One time 10,000 $ deferred Previously
City Hall building repairs and updates 141 404 003 3,300 One time 3,300 $ deferred Previously
Corporation Yard repairs and updates 141 461 080 001 33,750 One time 33,750 deferred Previously
Fire station building repairs and updates 141 404 080 004 17,000 One time 17,000 $ deferred Previously
Recreation registration software purchase 141 471 080 001 60,000 One time 60,000 deferred Rec Program Costs: Software, Equipment Previously
Replacement 141 471 012 000 15,000 Ongoing 15,000 $ 15,000 deferred Previously
Rec Program Expansion (Adults) 141 471 012 000 Is 15,000 ongoing 15,000 15,000 deferred Previously
Rec Program Expansion (High School) 141 471 012 000 15,000 Ongoing 15,000 15,000 deferred Previously
Street Rebuilds 141 431 019 002 300,000 300,000 deferred Total Funding Need for Approved items $ 300,000 Ongoing s 807,600 803,900
Total Funding Need for Deferred Items 469,050 345,000
TOTAL REQUESTED MEASURE P BUDGET 1,276,650 1,148,900
City of Exeter
Agenda Item Transmittal
Meeting Date: April 26, 2022
For action by:

Agenda Item Number: 13 X_ City Council
Regular Session:

Wording for Agenda: Discussion and Consideration of an _ Consent Calendar Uncodified Ordinance of the City Council of the City of Exeter X Regular Item Adopting a Military Equipment Use Policy per CA Assembly Bill No. _ Public Hearing Review:

Submitting Department: Police Department and City Attorney's City Administrator Office (Initials Required)
Contact Name: Julia M. Lew, City Attorney
Phone Number: 559.734.6729
Email: [email protected]
Department Recommendation:

That the City Council discuss and consider whether to approve and give first reading to the above-referenced draft Ordinance. The proposed ordinance adopts the Police Department's Military Equipment Use Policy as required pursuant to AB 481.

Summary/Background:

Assembly Bill 481, codified at Government Code sections 7070 through 7075 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a "military equipment" use policy by ordinance, prior to the LEA funding, acquiring, or using military equipment.

The Exeter Police Department (EPD) seeks City Council adoption of the attached Military Equipment Use Policy -706 (Attachment 1), in order to allow EPD to continue to use the vital equipment specified therein.

Items deemed to be "military equipment" by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of the citizens of Exeter and police officers within the EPD.

The term "military equipment", as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Attached to this staff report is an inventory/ list of the Police Department's military equipment, as defined by AB 481. The definition of "military equipment" includes items such as unmanned, remotely piloted aerial or ground vehicles, armored personnel carriers and other vehicles, breaching apparatuses, certain types of firearms and ammunition, explosive breaching tools, and certain projectile launching platforms. Other items deemed to be "military equipment" via AB 481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

For clarification, AB 481 does not permit the City to utilize aircraft vessels or vehicles that inherently contain weaponry; crew-served/large caliber (.50 or greater) weapons and ammunition; military uniforms; and explosives or pyrotechnics of any kind. Furthermore, aircraft and vehicles are "de-militarized" (meaning specific military technology and communication equipment) are removed prior to transfer to law enforcement agencies.

EPD is committed to using the most up to date tools and equipment to safeguard the citizens of Exeter. Many of the items deemed to be "military equipment" by AB 481 are in fact employed by EPD, and LEA's across the country, in order to specifically reduce risk to community members.

These items provide police officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide EPD's police officers with vital tools that facilitate compliance with its stringent use of force policy.

The proposed ordinance seeks to approve the EPD's Policy 706, which constitutes EPD's Military Equipment Use Policy. EPD Policy 706 outlines each item identified in Government Code section 7070, which is currently owned by the City. The Policy also includes the current use and cost of each item (Attachment 2). These particular items, and their stated uses, have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be "military equipment," if not previously authorized by the ordinance and/or Policy, will require a further public meeting, policy update, and council approval.

The proposed Ordinance and Policy 706 safeguards the public's welfare, safety, civil rights and civil liberties. The Policy 706 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, Policy 706 requires that EPD's Investigations/Services Lieutenant will ensure that EPD complies with Policy 706. EPD will conduct an annual audit of military equipment. Members of the public are provided direction per the policy on how to register complaints for violations. All items which result in a use of force will be investigated, as is already required by existing EPD policy.

There are no reasonable alternatives to the items listed below. EPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety. Each item's necessity is further described below:

Unmanned remotely piloted powered aerial vehicle:

Unmanned Aerial Vehicle systems (UAVs) are necessary as they provide visibility to high risk locations. Without the use of a UAVs, police officers would have to deploy to high risk locations which would increase the risk to the officers and members of the public. The UAV system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in often times crowded spaces. There are no known alternatives which could be used to safely access these locations.

High Mobility Multipurpose Wheeled Vehicle (HMMWV):

These vehicles have above average mobility under adverse conditions, to include one vehicle which has armored capabilities. These vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents and other hazardous situations. These vehicles allow officers closer access to high risk situations while substantially reducing the physical risk to the officers and citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Specialized firearms and ammunition including assault weapons:

Patrol rifles enable officers when in compliance with the EPD's Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officer's precision shot placement minimizing the risk to officers and innocent citizens.

There are no known alternatives to these weapons that will provide the same level of distance or precision.

Tear gas:

Tear gas is less a lethal method used to address violent or riotous crowds when there is a risk of physical safety. It is also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows police officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. These weapons are less lethal and afford police officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative. 40mm projectile launchers and bean bag shotguns:

The 40mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. The bean bag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance.

This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide police officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified above are vital to EPD's mission and will continue to be strictly regulated through internal processes and oversight.

The EPD is also required to seek governing body approval before collaborating with another law enforcement agency in the deployment or use of military equipment within the governing body's territorial jurisdiction.

The City Council is required to commence its legislative approval process for Policy prior to May 1, 2022, in order for EPD to continue utilizing qualifying equipment already purchased.

Furthermore, AB 481 requires that at least 30 days prior to adoption of the ordinance, the City must make its proposed policy available on the City's/Department's internet website.

Consequently, it is recommended that the City Council set the public hearing to be conducted prior to final adoption (second reading) of the Ordinance.

Fiscal Impact: Minor costs related to updating the City's ordinances, and required annual review and confirmation process.

Prior Council/Board Actions: None
Attachments: 1-EPD Policy 706 - Military Equipment
2-Ordinance
3-Inventory of Military Equipment
Recommended motion to be made by Council/Board: I move; 1) That the City Council approve and give first reading to an ordinance establishing a Military Equipment Use Policy.
2) That the City Council set a public hearing for the June 21, 2022 City Council meeting to hear and consider any public input, prior to final adoption. 3) That the City Council authorize posting of the proposed policy on its website as required on or before May 20, 2022.

Policy Exeter Police Department
706 Exeter Police Department Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.

Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools.

Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

Kinetic energy weapons and munitions.

Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol, LLC 2022/04/21, All Rights Reserved. ***DRAFT*** Military Equipment - 1 Published with permission by Exeter Police Department
Exeter Police Department
Exeter Police Department Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the Exeter Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Exeter Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Copyright Lexipol, LLC 2022/04/21, All Rights Reserved. ***DRAFT*** Military Equipment - 2 Published with permission by Exeter Police Department
Exeter Police Department
Exeter Police Department Policy Manual
Military Equipment
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pubie with perison by Eater rice Department. ***DRAFT*** Military Equipment - 3 ORDINANCE 703

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EXETER REGARDING POLICE ACQUISITION AND USE OF "MILITARY EQUIPMENT" WHEREAS, California Assembly Bill 481, codified at Government Code Sections 7070 through 7075 requires the Exeter Police Department to obtain approval from the City Council, via adoption by ordinance, of its "military equipment" use policy, prior to funding, acquiring, or using "military equipment;
WHEREAS, items defined as "military equipment" under AB 481 have been tested in the field and are used to enhance citizen and officer safety and as a component of overall best practices for law enforcement agencies through the country; WHEREAS, the City Council finds that the "military equipment" is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; WHEREAS, the City Council finds that the proposed "military equipment" use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; WHEREAS, under the policy made effective via this ordinance, any purchasing of the equipment shall be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
WHEREAS, the City Council finds that prior "military equipment" use complied with the Police Department's Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action was been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, as a precondition to funding, acquisition or use of "military equipment," the City has followed the approval procedures required by AB 481, including the posting of the proposed policy at least 30 days prior to final adoption of this ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER HEREBY ORDAINS as follows:

SECTION 1. Name of Ordinance. This Ordinance shall be known as the Military Equipment Use Ordinance.

SECTION 2. Definitions
A. "Military Equipment" includes all of the following (Per CA Gov. Code §7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
1 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Exeter.

C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Exeter Police Department.

D. "City Council" means the governing body that is the Exeter City Council.

E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use. 2 5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. "Certain Circumstances / Exigent Circumstances" means the Exeter Police Department works closely with local, county, state, and federal partners. In certain and/or exigent circumstances, and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. Exigency means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

SECTION 3. Military Equipment Use Policy and Requirements.

A. The Military Equipment Use Policy is attached to this Ordinance as Exhibit "A." B. The Exeter Police Department is required to obtain approval of the City Council, by this ordinance adopting the Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
3 4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Exeter.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this Ordinance.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

C. If seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, no later than May 1, 2022, the Exeter Police Department shall have commenced a City Council approval process in accordance with this section. The City Council did so on April 26, 2022. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Exeter Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

D. In seeking the approval of City Council, the Exeter Police Department shall have submitted a proposed Military Equipment Use Policy to City Council and shall have made those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

E. The City Council shall have considered a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provided for public comment in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

F. The City Council shall have only approved a Military Equipment Use Policy pursuant to this Ordinance if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

G. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

H. The City Council shall review this Ordinance (and any other ordinance, if applicable) that it has adopted approving the funding, acquisition, or use of Military Equipment at least 4 annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

SECTION 4. Use in Exigent Circumstances
A. Notwithstanding the provisions of this Ordinance, the Police Department may acquire, borrow and/or use Military Equipment in certain and/or Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.

SECTION 5. Reports on the Use of Military Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5 5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

SECTION 6. Enforcement.

A. Remedies for Violations of this Ordinance

1. This Ordinance does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Administrator by serving the City Clerk, regarding the specific alleged violations of this Ordinance.

2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.

If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City's website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney's fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees.

SECTION 7. Whistleblower Protections. All provisions of Exeter's employee and work place policies related to protections of whistleblowers and protection from illegal retaliation, and including any updates or replacements thereto, shall apply.

SECTION 8. Severability.

A. If any section, subsection, sentence, clause, phrase, or word of this Ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Ordinance. 6 B. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 9. Effective Date. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Exeter Recorder, a newspaper printed and published in the City of Exeter, State of California, together with the names of the Council members voting for and against the PASSED, APPROVED AND ADOPTED this _ day of _ 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
7 Exeter Police Department Military Equipment Inventory Equipment Type:
40MM Launcher and Rounds
Description:
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

Quantity:
(1) Armor Holdings less lethal Launcher
Capabilities:

The Armor Holdings 40MM Launcher is a single shot tactical launcher that features a synthetic fixed stock and EOTech sights. It will fire standard 40mm less lethal ammunition.

Expected Service Life:
25 Years
Manufacturers Description:

Armor holdings was purchased by Safariland and is no longer manufactured Comparable items description: Manufactured exclusively for Defense Technology, is a tactical single shot launcher, and will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.

The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Purpose and Authorized uses:

To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Fiscal Impact:

No Annual Maintenance
Legal and Procedural Rules:

It is the policy of the department to utilize the 40MM only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required Training:

Sworn members utilizing 40MM less lethal impact rounds shall be trained in their use by POST certified less lethal instructor.

Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department policy 303 - Control Devices and Techniques.

Exeter Police Department Military Equipment Inventory
Equipment Type:

Less Lethal Shotguns
Description:

The less lethal shotgun is used to deploy the less lethal 12-gauge beanbag round.

Quantity:
(4) Remington Model 870 less lethal pump-action shotguns.

Capabilities:

The Remington 870 less lethal shotgun is used to deploy the less lethal 12-gauge beanbag round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation.

Expected Service Life:
15 Years
Manufacturers Description:

The Remington Model 870 is a pump-action shotgun, widely used by the public for shooting sports, hunting and self-defense, as well as by law enforcement and military organizations worldwide.

Purpose and Authorized uses:

To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Fiscal Impact:

No Annual Maintenance
Legal and Procedural Rules:

It is the policy of the Department to utilize Remington Model 870 less lethal pump-action shotguns only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required Training:

Sworn members utilizing Remington Model 870 less lethal pump-action shotguns shall be trained in their use by POST certified less lethal instructor.

Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department policy 303 - Control Devices and Techniques.

Exeter Police Department Military Equipment Inventory
Equipment Type:

Humvee - High Mobility Multipurpose Wheeled Vehicle (HMMWV) Description:

Commercially manufactured 4 wheeled military vehicle utilized for law enforcement purposes.

Quantity:
(3) AM General Humvees
Capabilities:

A Humvee is an armored vehicle built to transport soldiers and payloads across any terrain.

Expected Service Life:
15 Years
Manufacturers Description:

The Humvee (HMMWV) is a lightweight, diesel-powered, four-wheel-drive tactical vehicle.

Purpose and Authorized uses:

To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Fiscal Impact:

Less than $500 per vehicle annually.

Legal and Procedural Rules:

It is the policy of the Department to utilize the AM General Humvees only for official law enforcement purposes, and pursuant to State and Federal law.

Required Training:

All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department Policy 704 - Vehicle Use
Exeter Police Department Military Equipment Inventory
Equipment Type:

Patrol Rifles
Description:

Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Quantity:
(20) AR-15/M4 Colt Rifles
(3) SMG Colt Rifle
Capabilities:

Precision shooting at greater distances than offered by the issued handgun.

Expected Service Life:
15 Years
Manufacturers Description:

The AR-15/M4 is a lightweight, magazine-fed, gas-operated semiautomatic rifle.

The SMG is a lightweight. magazine-fed. gas-operated selectable semiautomatic/automatic rifle.

Purpose and Authorized uses:

To be used as a precision weapon to address a threat with precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impact:

No Annual Maintenance, cost of ammunition
Legal and Procedural Rules:

It is the policy of the Department to utilize the M4 and SMG Colt Rifles only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required Training:
training in excess of these requirements.)
Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department Policy 306- Firearms.