City of
EXETER
Proclamation
National Public Workes Weeks
May 15 - 21, 2028
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Exeter; and,
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest for the citizens in the City of Exeter to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs; and,
WHEREAS, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association, BE IT NOW THEEFORE RESOLVED, I, Barbara Sally, Mayor of the City of Exeter, do hereby designate the week May 15 - 21, 2022 as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.
Dated: May 10, 2022
Barbara Sally
Mayor
EXETER CITY COUNCIL ACTION MINUTES
April 26, 2022
A closed session of the City Council, City of Exeter was held on Tuesday, April 26, 2022, at 6:35 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, and Dave Hails COUNCIL ABSENT: Justin Mills
STAFF PRESENT: Adam Ennis, Julia Lew, Shonna Oneal
A. CALL TO ORDER CLOSED SESSION
Mayor Sally called the closed session to order at 6:35 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 6:36p.m.
1. 54956.9(d)(1) Conference with Legal Counsel re: Existing Litigation:
Arcadia, et al. v. So. Cal. Edison Corp., Santa Barbara Sup. Case No. 20 CV 02026
2. 54956.9(d)(4) Conference with Legal Counsel - Significant Exposure to Litigation: One case in which facts are not yet known to potential plaintiff.
3. 54957.6 Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Group: CLOCEA
A regular session of the City Council, City of Exeter was held on Tuesday, April 26, 2022, at 7:10 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, and Dave Hails COUNCIL ABSENT: Justin Mills
STAFF PRESENT: Adam Ennis, Julia Lew, Brett Inglehart, Daymon Qualls, Spencer Supinger, Shonna Oneal, Hilary Robello 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 7:10 p.m. No actions were reported from closed session.
E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Garver and an invocation was given by Pastor Allen Whittenburg.
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.
Viki Riddle addressed the Council to request support of the Exeter Cemetery District Ballot Measure U.
Erica Pine addressed the Council to request support of the Exeter Cemetery District Ballot Measure U. Provided a handout with information regarding the Exeter Cemetery District Ron Faulkner addressed the Council to request support of the Exeter Cemetery District Ballot Measure U.
Provided historical information on the Exeter Cemetery District.
ACTION MINUTES
EXETER CITY COUNCIL
Garrett German addressed the Council to request donations and support for the light show in December. Mr.
German requested to expand a block out in each direction and Public Works assistance with some installation.
G. SPECIAL PRESENTATIONS (if any): None
H. CONSENT CALENDAR:
It was moved by Mayor Pro Tem Alves, seconded by Council Member Garver and carried 4-0 (Council Member Mills absent) that the items on the Consent Calendar be approved as presented with the exception of
1. Approve regular minutes of March 22, 2022
2. Payment of Bills
3. Payroll: March 18, 2022, April 1, 2022, and April 15, 2022
4. 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.
5. 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.
6. Authorize payment in the amount of $15,943.50 to Women Trucking Brokers, Inc. of Fresno, CA for the hauling of sewage biosolids.
7. Adopt Resolution 2022-10 approving the City of Exeter's Fiscal Year 2022/23 list of projects funded by SB 1: The Road Repair and Accountability Act Road Maintenance and Rehabilitation Account. - Council Member Garver pulled this item for additional information. City Administrator Adam Ennis provided a brief report for Council's review and consideration. It was moved by Council Member Garver, seconded by Mayor Pro Tem Alves and carried 4-0 (Council Member Mills absent) to approve this item as presented.
8. 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.
I. INDIVIDUAL BUSINESS ITEMS
1. Public Hearing - Consideration of 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 Microbusinesses) as Defined and Permitted by the State of California. City Attorney Julia Lew provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:53 p.m. Don Anderson addressed the Council and explained process and details of the medical facility. Ms.
Lew provided a response thereto. Receiving no further comment, Mayor Sally closed the public hearing at 7:59 p.m. Council posed questions and City Administrator Adam Ennis and Ms. Lew provided responses thereto. Following discussion, it was moved by Council Member Hails, seconded by Mayor Pro Tem Alves, and carried 4-0 (Council Member Mills absent) to 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 Microbusinesses) as Defined and Permitted by the State of California, read by title only, and waiving further reading in full and to include the recommended changes Ms. Lew presented. Council directed staff to return to a future meeting with general information regarding allowance of other cannabis uses.
Receive Measure P funding status updates and adopt Resolution 2022-11 for Measure P Expenditure Budgets for Fiscal Year 2022/2023 and 2023/2024. City Administrator Adam Ennis provided a PowerPoint presentation highlighting the Measure P funding status updates and recommended expenditures for Budgets for Fiscal Year 2022/2023 and 2023/2024. Following a brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver and caried 4-0 (Council Member Mills absent) to approve Resolution 2022-11 as presented.
ACTION MINUTES
EXETER CITY COUNCIL
3. Discussion and Consideration of an Uncodified Ordinance of the City Council of the City of Exeter Adopting a Military Equipment Use Policy per CA Assembly Bill No. 481. City Attorney Julia Lew provided a report for Council's review and consideration. Council posed questions and City Administrator Adam Ennis and Ms. Lew provided a response thereto. Following discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver, and carried 4-0 (Council Member Mills absent) to approve and give first reading to an ordinance establishing a Military Equipment Use Policy; Set a public hearing for the June 21, 2022 City Council meeting to hear and consider any public input, prior to final adoption; Authorize posting of the proposed policy on its website as required on or before May 20, 2022; and include the recommended changes Ms. Lew presented.
J. CITY COUNCIL ITEMS OF INTEREST
Council Member Garver reported he attended the Transit Authority meeting. Mayor Pro Tem Alves reported he attended the TCAG meeting. Mayor Sally reported she will be attending the Mixer at Sequoia Apparel, thanked everyone for attending the park sign dedication in remembrance of her husband, and welcomed new staff.
City Arminstrator Stam mis provided a re cloton ily projects and upcoming events in the City and welcomed new staff.
L. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 8:59 p.m.
Shonna Oneal City Clerk
AVENU FINANCIAL SYSTEM CITY OF EXETER
04/22/2022 15:49:14 Check Register GL540R-V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT
BANK BANK OF THE SIERRA
001548 AAA QUALITY SERVICES 84466 04/21/22 5.30
003703 ADVENTIST HEALTH TULARE 84467
000109 AFLAC 84468
003435 AMERICAN BUSINESS MACHIN 84469
40 AMERICAN WATER WORKS ASS 84470 04/
AT&T 84471
AT&T MOBILITY 84472
BASIC 04
BUZZ KILL PEST CONTROL 84474 04 0
CALIFORNIA BUSINESS MACH 84475 04
CALIFORNIA INDUSTRIAL RU 84476 04,
COLANTUONO, HIGHSMITH & 84477 04
CSJVRMA 84478 04.
CULLIGAN 84479 04
DELTA VECTOR CONTRL 04
DEPT OF JUSTICE
ELITE CORPORATE MEDICAL 04 45
EMD NETWORKING SERVICES, 84483 04
EMPLOYER DRIVEN SOLUTION
EWING IRRIGATION PRODUCT
EXETER IRRIGATION & SUPP
EXETER PLUMBING 84487
FASTENAL COMPANY 84488
FERGUSON ENTERPRISES INC
FOOTHILLS SUN-GAZETTE
FOUGHT'S CRANE SERVICE
GALANTE BROS. ENTERPRISE 84492 48,
LEAF 84493
LEAGUE OF CA CITIES 84494 6,
LUIS' NURSERY 84495
MCCORMICK KABOT JENNER & 84496 04
MID VALLEY DISPOSAL, LLC 84497 04
MOORE TWINING ASSOCIATES 84498 04
OFFICE DEPOT 84499
PACE SUPPLY CORP. 84500 04.
PRINCIPAL LIFE INSURANCE 84501 wo w
000757 PROFORCE 84502
003700 PRUDENTIAL OVERALL SUPPL 84503
000146 4504 14
RAND KNOPE BNGINBERING
003391 4505
000204 SELE-HELP ENTERPRISES 8450
003452 SEQUOIA DOOR 84507
000252 SIMMONS TORE SERVICE 84508
000151 84509 26
000152 BORDER AURANCE CRE 84510
000126 84511
000178 84512
001641 UNIVAR USA INC 8451
AVENU FINANCIAL SYSTEM CITY OF EXETER
04/22/2022 15:49:14 Check Register GL540R-V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT
BANK BANK OF THE SIERRA
002127 US BANK N.A. 84514 04/21/22 31.75
000233 VERIZON WIRELESS 84515 04/21/22 228.06
000855 84516 04/21/22 15,479.36
005110 WOMEN TRUCK BROKERS, 84517 04/21/22 15,943.50
10414- YARBS GRADING AND PAVING 84518 04/21/22
11,415.00
BANK OF THE SIERRA 456,633.69 ***
HECK FOR CHECK HESTE AYROLL UN -04/28/2022 10.48.0 PAGE R311R-V14.1 Paymate
DERECT DEPOSIN IS TURN20 2-4/24/2022 CHECK DATE PERIOD 3 DATING 4/29/2022
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
1216 1 VENDOR CHECK
1217 363:49 GRATS TAN BEMENT ON
1 VENDOR CHECK
TOTALS FOR CHECK FORM: CHEK
NEGOTIABLE CHECKS COUNTS
0.00 * EMPLOYEE CHECK 0
439.13 + VENDOR CHECKS
0.00 *BANK CHECKS
439.13 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
0:00 *MANUAL CHECKS
*CANCELLED CHECKS
439.13 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
0.00 *DIRECT DEPOSIT STUBS
0.00 *VENDOR DIR DEP STUBS
AYROLI AYO FOR SHE REGISTE RUN-04/28/2022 10.48.03 PAGE 2 PR311R-V14.12 Paymate
DIRECT POS 1S TUND 3-4/24/2022 CHECK DATE 4/29/2022
CHECK CHECK EMPLOYEE/BANK/VENDOF CHECE
NUMBER AMOUNT NAME CODE SEC
50048 136.50 CLOCEA ONLY
50049 627.00 EXETER POLICE OFFICER AS 3 ONLY
50050 172.59 EXETER POLICE OFFICER AS 3A STUB ONLY
50051 4,593.74 ENNIS/ ADAM 206
50052 2,813.28 ONEAL/ SHONNA N 203
50053 2,340.22 ROBELLO/HILARY 709
50054 1,334.27 CARTER/AMY JO 502
50055 1,539.34 CORREA / BIANCA 630
50056 1,107.73 GARVER/ELIJAH 712
50057 578.89 HERNANDEZ/XOCHITL 306
50058 3,165.47 PARK MOORE/YUN GYUNG 703
50059 409.47 SANCHEZ/CESILIA 307
50060 1,379.30 SANTOYO/AIDE G 710
50061 2,214.31 FRANCO/ EEKHONG 304
50062 1,581.19 PHILLIPS/ZACHARY 705
50063 1,411.15 CARRETERO/VANESSA 402
50064 3,220.73 CORREA/GABRIEL JR 436
50065 1,911.15 CULLUM/TRENT 444
50066 2,898.02 DURKEE/MARK 404
50067 1,957.12 ECHEVARRIA/TYLER J 443
50068 1,653.67 FELIX/ESTEVAN 704
50069 3,373.04 HALL/JOHN T 406
50070 1,758.32 HAMPTON / JUSTIN 446
50071 1,985.67 HAYES/CURTIS 437
50072 2,472.40 INGLEHART/BRETT A 411
50073 408.56 MACLEAN/JANET L 413
50074 1,651.19 MARX/CHRIS 706
50075 2,259.90 PHELPS/KEVIN M 429
50076 1,534.01 VILLARREAL/ISIDRO 707
50077 2,473.24 YARBER/ISABEL 422
50078 1,113.61 ALDRIDGE /GARY 618
50079 1,408.66 ARROYO/MARIE 623
50080 1,435.50 BRASSFIELD/TRAVIS 619
50081 1,675.43 ESPINOLA/DANIEL M 602
50082 93.00 GOLDSTROM/NORMAN 629
50083 1,518.04 HUGGINS/KYLE AARON 621
50084 2,928.08 QUALLS/DAYMON 607
50085 ., 760.23 RAMIREZ /JUAN 608
50086 549.38 WENDT/EDDIE 626
50087 1,172.00 MILLAN/MARCUS 622
50088 993.94 MILLER/JAMES 624
50089 440.04 MIRWALD/PHILIP 625
50090 1,228.72 QUIROZ/PATRICK P 512
50091 1,878.19 PRIDEAUX/TRACI 448
City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
or action by
Agenda Item Number: E4 City Counc
Regular Session:
Wording for Agenda: Approval to issue permits to four (4) X Consent Calendar applicants including; The Bridge Church, EUHS Band Boosters, Regular Item exeter Outdoors Association, Inc. and Exeter Wrestling, Inc. for the — Public Hearing sale of Safe and Sane Fireworks contingent upon compliance with required booth clearances, appropriate documentation, proper on- Review:
site storage, compliance with all City Municipal Code requirements, and any County or State guidance and orders in place during the City Administrator time of sales. (Initials Required)
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director
Phone Number: 592-3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council approve issuance of permits as presented to four (4) applicants to sell safe and sane fireworks.
Summary/Background:
The City received four (4) applications for a permit to sell safe and sane fireworks within the City prior to the pre-application deadline of March 15, 2022. Based on the Exeter Municipal Code and the current city population, up to seven permits can be issued this year so all applications received were considered without the need for a drawing.
Applications from the following organizations were reviewed for completeness and have been deemed compliant with the criteria for "Eligible Organization" as defined by chapter 8.36, section
8.36.010 of the Exeter Municipal Code:
Organization Name Booth Location
1. The Bridge Church 1121 W. Visalia Rd.
EUHS Band Boosters 505 Rocky Hill Drive
3. Exeter Outdoors Association, Inc. 324 N. Kaweah Ave.
4. Exeter Wrestling, Inc. 426 N. Kaweah Ave.
The proposed sites for each of the above booth locations have been inspected and conditionally approved with the stipulation of required clearances as defined by chapter 8.36, section
8.36.120 of the Exeter Municipal Code. Permit holders must also comply with all County and State guidance and orders in place during the time of sales.
Fiscal Impact: Several hours of staff time offset by a $150 fee per permit.
Prior Council/Board Actions: Permits for the sale of Safe and Sane Fireworks are considered by Council each year.
Attachments: None
Recommended motion to be made by Council/Board: I move to approve issuing permits for the sale of sate and sane fireworks to the four (4) listed organizations, contingent upon compliance with required booth clearances, appropriate documentation, proper on-site storage, compliance with all City Municipal Code requirements, and any County or State guidance ana orders in place during the time of sales.
City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
For action by:
Agenda Item Number: E5 X City Council
Regular Session:
Wording for Agenda: Authorize the City Administrator to execute a X Consent Calendar second Extra Work Authorization with the City's contract City Regular Item Engineer firm - QK, in an amount not to exceed $25,000 for - Public Hearing enhanced updates to the City's Storm Drain Master Plan.
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 the City Administrator to execute a second Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $25,000 for enhanced updates to the City's Storm Drain Master Plan.
Summary:
After much discussion regarding the need for enhanced information on the City's current storm drain tacilities, as well as future growth areas surrounding the community, staff reached out to QK about the possibility of enhancing the Storm Drain Master Plan update, which was already in progress, to include a full analysis with hydraulic modeling. With work on the basic update already well underway, QK responded with a price quote of $25,000 to perform the additional fine screening analysis and hydraulic modeling.
The additional $25,000 quoted for the fine screening analysis and hydraulic modeling would take the total price of the Storm Drain Master Plan update to $90,000. This is $60,000 less than what QK originally quoted. Because the LEAP grant will reimburse $65,000 of the expenditures for the plan update, the total cost to the City is $25,000, which can easily be funded from Sewer Impact Fees or Storm Drain Impact Fees.
Background:
On January 27, 2020, the Department of Housing and Community Development released a Notice of Funding Availability under the Local Early Action Planning Grants Program (LEAP Program). The LEAP Program supports the state's commitment to work in partnership with local government agencies to address California's critical housing needs. Many local government agencies are using LEAP Program grant awards for the preparation and adoption of planning documents and process improvements.
The City of Exeter applied for LEAP Program funding to update its Storm Drain Master Plan to include an analysis for the integration of new development into the City's current infrastructure, an analysis of the demands on the current infrastructure including new development and establish a list of infrastructure needs to improve the current system and support new development.
In February of 2021, City staff received a Notice of Award from the Department of Housing and Community Development congratulating the City of Exeter on its successful grant application.
The notice served as a conditional commitment of an award in the amount of $65,000. An agreement between the City of Exeter and the Department of Housing and Community Development was executed on May 3, 2021. The City received a subsequent authorization to proceed with selecting a consultant to update its Storm Drainage Master Plan, and then submit expenditures for reimbursement.
QK Engineering submitted a proposal and cost estimate that included a basic plan update which consisted of researching, collecting, and/or calculating all of the required data, and updating the City's current Storm Drain Master Plan at a cost of $65,000.
Staff presented the basic plan update proposal at the City Council meeting of September 28, 2021, and the Council authorized the City Administrator to execute an Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $65,000 to update the City's Storm Drain Master Plan.
Fiscal Impact: During June 2020, the Council approved up to a $75,000 expenditure (120.541.080.015) for the project to be funded using the Sewer Impact Fees. The total cost of the Storm Drain Master Plan update will be $90,000. Because the LEAP grant will cover $65,000 of the expenditures for the plan update, only $25,000 will ultimately be used from the Sewer Impact Fees or Storm Drain Impact Fees.
Prior Council/Board Actions:
During June 2020, the Council approved up to a $75,000 expenditure (120.541.080.015) for the project.
September 28, 2021, the Council authorized the City Administrator to execute an Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $65,000 to update the City's Storm Drain Master Plan.
Attachments: None
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to authorize the City Administrator to execute a second Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $25,000 for enhanced updates to the City's Storm Drain Master Plan.
City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
For action by:
Agenda Item Number: E6 X City Council
Wording for Agenda: Adopt Resolution 2022-12 requesting the Tulare County Board of Supervisors permit the County Registrar of Regular Session:
Voters to render specified services to the City relating to the conduct X Consent Calendar of the general municipal election, November 8, 2022; and Adopt Regular Item Resolution 2022-13 calling the General Municipal Election and Public Hearing requesting and consenting to consolidation of elections on November 8, 2022 and setting specifications of the election order. Review:
City Administrator
Submitting Department: Administration (Initials Required) Contact Name: Shonna Oneal, City Clerk/Human Resources
Manager
Phone Number: 592-9244
Email: [email protected]
Department Recommendation:
That the City Council Adopt Resolution 2022-12 requesting the Tulare County Board of Supervisors permit the County Registrar of Voters to render specified services to the City relating to the conduct of the general municipal election, November 8, 2022; and Adopt Resolution 2022-13 calling the General Municipal Election and requesting and consenting to consolidation of elections on November 8, 2022 and setting specifications of the election order.
Summary/Background:
The City of Exeter has historically consolidated its municipal election process with the Tulare County Registrar of Voters. To continue this process, the two proposed resolutions are required to be approved and submitted by July 1, 2022 to the Tulare County Registrar of Voters.
1. Proposed Resolution 2022-12 requests that the Tulare County Board of Supervisors permit the Tulare County Registrar of Voters to render specified services to the City of Exeter related to conducting the general municipal election November 8, 2022 and authorizes and directs the City Clerk to transmit certified copies of the resolution to the Board of Supervisors and County Registrar of Voters.
2. Proposed Resolution 2022-13 calls the general municipal election and requests and consents to the consolidation of the elections process and sets specifications of the elections order as referenced in the proposed resolution.
Due to requiring additional staffing and the extra costs associated with the City conducting its own election, staff recommends Council approve the proposed resolutions to consolidate the election for 2022
Prior Council/Board Actions: Previous election consolidation actions taken by the City Council in election years.
Attachments: Resolution 2022-12 and Resolution 2022-13
Recommended motion to be made by Council/Board: Adopt Resolution 2022-12 and 2022- 13 as presented.
RESOLUTION 2022-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER
REQUESTING THE TULARE COUNTY BOARD OF SUPERVISORS PERMIT THE
COUNTY REGISTRAR OF VOTERS TO RENDER SPECIFIED SERVICES TO THE
CITY RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION, NOVEMBER 8, 2022
WHEREAS, pursuant to the Elections Code, the governing body of any city may, by Resolution, request the Board of Supervisors of the county to permit the county elections official to render specified services to the city relating to the conduct of an election; and WHEREAS, the City has ordered an election be held within the boundaries of the City on November 8, 2022;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Exeter, as follows:
1. The Board of Supervisors of Tulare County is hereby requested to permit the County Registrar of Voters to render services to the City relating to the conduct of the November 8, 2022, Municipal Election as follows:
a. Distribute and file nomination papers and candidate's statements for candidates for City offices.
b. Make all required publications.
c. Prepare, print and mail to the qualified electors of the City sample ballots and voter pamphlets.
d. Provide Vote by Mail ballots for said Municipal Election for use by the qualified electors who may be entitled to Vote by Mail ballots in the manner provided by law.
e. Order consolidation of precincts, appoint precinct boards, designate polling places and instruct election officers concerning their duties. f. Conduct and canvass the returns of the election and certify the votes cast to the City of Exeter City Council candidates.
g. Receive and process Vote By Mail ballot voter applications. h. Prepare, print and deliver to the polling places supplies, including the official ballots and a receipt for said supplies.
i. Recount votes, if requested, in accordance with state law. j. Conduct the above election duties in accordance with the Voting Rights Act of 1975.
k. Perform all other pertinent services required to be performed for said election other than the requirements of the Fair Political Practices Commission; said Political Practices Commission requirements to be performed by the City Clerk.
Resolution 2022-12
2. The City Clerk is hereby authorized and directed to transmit certified copies of this Resolution to the Board of Supervisors and to the County Registrar of Voters.
PASSED, ADOPTED AND APPROVED this 10th day of May, 2022.
Mayor Barbara Sally
ATTEST:
STATE OF CALIFORNIA
COUNTY OF TULARE }ss
CITY OF EXETER }
I, Shonna Oneal, City Clerk of the City of Exeter, certify the foregoing is the full and true Resolution 2022-12 passed and adopted by the Council of the City of Exeter, at a regular meeting held on the 10th day of May, 2022, by the following vote:
Ayes(s).
Noe(s)_ _Absent/Abstention(s)
Dated: May _ 2022 SHONNA ONEAL, CITY CLERK
By: Shonna Oneal, City Clerk
RESOLUTION 2022-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER CALLING THE GENERAL
MUNICIPAL ELECTION AND REQUESTING AND CONSENTING TO CONSOLIDATION OF ELECTIONS ON NOVEMBER 8, 2022; AND SETTING SPECIFICATIONS OF THE ELECTION ORDER
WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 8, 2022, to fill certain municipal offices; and
WHEREAS, other elections may be held in whole or in part of the territory of the City, and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10242 provides that the governing board shall determine the hours of opening and closing the polls; and
WHEREAS, Elections Code Section 10002 requires the city to reimburse the county in full for the services pertormed upon presentation of a bill to the city by the county elections official; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and
WHEREAS, Election Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City: The Sun-Gazette NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Exeter that an election be held in accordance with the following specifications:
SPECIFICATIONS OF THE ELECTION ORDER
The Election shall be held on Tuesday, the 8t" day of November, 2022. The purpose of the election is to choose successors for the following offices:
District A City Council Member Dave Hails Four-year term November 2022-November 2026 District C City Council Member Frankie Alves Four-year term November 2022-November 2026 District D City Council Member Steve Garver Four-year term November 2022-November 2026
2. This City Council hereby requests and consents to the consolidation of this election with other elections, which may be held in whole or in part of the territory of the City, as provided in Elections Code 10400.
3. The City Council hereby designates the hours the polls are to be kept open shall be from 7:00 A.M. to 8:00 P.M.
The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official.
The City Council has determined that the Candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 200 words.
The City Council requests that the Registrar of Voters publish the Notice of Election in the following newspaper, which is a newspaper of general circulation that is regularly circulated in the City: The Sun- Gazette.
Resolution 2022-13
The City Council directs that a certified copy of this Resolution be forwarded to the County Registrar of Voters, and the Board of Supervisors of Tulare County.
PASSED, ADOPTED AND APPROVED this 10th day of May, 2022.
MAYOR BARBARA SALLY
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF TULARE "SS
CITY OF EXETER }
I, Shonna Oneal, City Clerk of the City of Exeter, certify the foregoing is the full and true Resolution 2022-13 passed and adopted by the Council of the City of Exeter, at a regular meeting hel on the 10th day of May, 2022, by the following vote
Ayes(s).
Noe(s). Absent/Abstention(s)
Dated: May _ 2022 SHONNA ONEAL, CITY CLERK
By: Shonna Oneal, City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
For action by:
Agenda Item Number: E7 X City Council
Regular Session:
Wording for Agenda: Change of public hearing date previously set X Consent Calendar by City Council from June 21, 2022 to June 14, 2022 for an _ Regular Item Uncodified Ordinance Adopting a Military Equipment Use Policy per — Public Hearing CA Assembly Bill No. 481.
Review:
Submitting Department: Administration City Administrator Contact Name: Adam Ennis, City Administrator (Initials Required) Phone Number: (559) 592-4539
Email: [email protected]
Department Recommendation:
That the public hearing date previously set by City Council be changed from June 21, 2022 to June 14, 2022 for an Uncodified Ordinance Adopting a Military Equipment Use Policy per CA Assembly Bill No. 481.
Summary/Background:
On April 26, 2022, the City Council approved and gave first reading to an Uncodified Ordinance of the City Council of the City of Exeter Adopting a Military Equipment Use Policy per CA Assembly Bill No. 481. At that meeting Council also set a public hearing date for this item for June 21, 2022, which is not a regular Council meeting date. Staff recommends that Council change this public hearing date to June 14, 2022, the first regular Council meeting date in June so that a special meeting will not be required for this item Fiscal Impact: No extra cost for adjusting this public hearing.
Prior Council/Board Actions: None
Attachments: None
Recommended motion to be made by Council/Board: I move that the public hearing date previously set by City Council be changed from June 21, 2022 to June 14, 2022 for an Uncodified Ordinance Adopting a Military Equipment Use Policy per CA Assembly Bill No. 481.
City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
For action by:
Agenda Item Number: E8 X City Council
Regular Session:
Wording for Agenda: Adopt Resolution 2022-14 Directing the City X Consent Calendar Engineer to Prepare a Report on Assessment District Numbers 98-01; 97-01; 91-01A; 91-01B; 08-01; 06-01; 05-01; 05-02; 04-01; _ Regular Item _ Public Hearing
04-02; 04-03; 04-04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01; 00-02; Adopt Resolution 2022-15 Intent to Levy and Collect Review:
Assessments on Assessment District Numbers 98-01; 97-01; 91- UTA; 91-01B; 08-01; 06-01; 05-01; 05-02; 04-01; 04-02; 04-03; City Administrator 04-04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01; 00-02; and set the (Initials Required) Public Hearing for July 26, 2022. 2B5.
Submitting Department: Engineering
Contact Name: Spencer Supinger, City Engineer
Phone Number: (209) 723-2066
Email: [email protected]
Department Recommendation:
It is recommended that the City Council adopt a resolution directing the City Engineer to prepare a report on the nineteen listed Landscape and Lighting Assessment Districts. It is also recommended the City Council adopt resolution of intent to levy and collect assessments on the landscape and lighting districts and set the public hearing for July 26, 2022 to have the report presented and assessments considered.
Summary/Background:
The purpose of landscaping and lighting districts is to provide maintenance to the turf areas, shrubs, trees, irrigation systems and walls within the common areas of subdivisions. The City of Exeter has formed nineteen of these assessment districts pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code).
The Director of Public Works typically utilizes the services of qualified landscape contractors to do the actual maintenance through required competitive bidding. This serves two (2) purposes; a) So that there is no undue burden on existing City crews and b) to easily track the actual costs for maintenance. This second item also makes it easier for the Finance Department to account for the costs on an annual basis. Staff has the cost projections for 2021-22 and will be utilizing this information for the 2022-2023 assessment needs.
Each year the City Council requests that the City Engineer prepare the report of costs that will be levied on these existing assessment districts. Resolution 2022-14 formally requests these reports be prepared. Resolution 2022-15 establishes the City's intent to levy and collect assessments on the existing districts and sets a public hearing for all landscape and lighting districts for July 26, 2022. Further details regarding the landscape and lighting districts are provided below:
• 98-01 Citruscrest Estates No.1;
• 97-01 Wildrose Estates No. 2;
• 91-01A Country View Estates No. 1, Country View No. 2, Awbrey Estates; • 91-01B Wildrose Estates No. 1;
• 08-01 Exeter Golf Estates;
• 06-01 Rocky Hill Haciendas;
• 05-01 Blossom Estates;
• 05-02 Country View Estates No. 3;
• 04-01 Glenn View Estates No. 6;
• 04-02 Orchard Estates;
• 04-03 Maple Place;
• 04-04 Park Place No. 1;
• 04-05 Park Place No. 2;
• 03-01 Glenn View Estates No.4;
• 03-02 Glenn View Estates No. 5;
• 01-01 Glenn View Estates No. 3;
• 01-02 Citruscrest Estates No. 2;
• 00-01 Glenn View Estates No. 1;
• 00-02 Glenn View Estates No. 2
These districts were formed upon the recording of each subdivision's Final Maps. It is anticipated that any assessment increases determined due to the projected costs for maintenance for the 2022-2023 fiscal year will be within annual increases previously approved by the property owners for most districts. There are about six districts where it has previously been determined that the costs for full weekly maintenance were beyond previously approved assessments. The maintenance in these districts have been reduced to bring the costs into balance with the approved assessments. One of these deficit districts, 91-01A Country View Estates No. 1, Country View No. 2, Awbrey Estates, has petitioned the City to be re-balloted for a one time assessment to allow for a drought tolerant conversion and increased ongoing assessments for maintenance. This balloting process is planned to be conducted in parallel with this annual assessment process.
Each annual update reviews the actual costs from the previous year and adjusts the fees as may be necessary to cover anticipated costs for the upcoming year. The original formation resolutions of most of the districts included allowances for an annual adjustment based upon a CPI increase in conformance with Prop 218 per the City Attorney's recommendation.
Individual circumstances of each district will be taken into account and the assessments for each district will be adjusted appropriately. The two resolutions described above kick-off this annual process for the 2022-2023 year.
The process would continue as follows:
1. With this agenda item, Council adopts a resolution directing the City Engineer to prepare a cost report that includes an evaluation of each district, adopts a resolution of the intent to levy and collect assessments on the nineteen listed districts and sets the date of the public hearing for the landscape and lighting districts for July 26, 2022.
2. A Public Hearing notice for July 26, 2022 is placed into the newspaper in advance announcing the annual updates.
3. At the public hearing in July, the Council will consider the Engineer's Reports along with any testimony and, with Council concurrence, adopt two resolutions for each District. The first resolution approves the Engineer's Report and the second one certifies the process to the County.
4. Subsequent to Council action, the City Staff then delivers the items to the County Assessor's office.
5. The adjusted assessments will then be added to the County's assessment rolls in August and the City would receive (from the County) monies from the two normal semi-annual property tax collections in December and April to pay the expense of providing the district maintenance activities.
Fiscal Impact: This action would lead to assessments increasing over last year's assessments of $81,634.66 for maintenance of the districts. Without the assessments there would be no available funding for the district's maintenance and since these districts were formed for the benefit of the property owners within the subdivisions responsibility to fund the maintenance is incumbent upon those property owners.
In addition, there will be several days of preparation needed by staff and the City Engineer to compile the necessary data and finalize the report for approval by City Council for updating the projected costs for the districts in 2022-23 which is estimated to cost $12,000 of which City Engineer time is paid for by the districts.
Prior Council/Board Actions: This is done annually by City Council for the existing Landscape and Lighting Districts.
Attachments: Resolutions 2022-14 and Resolution 2022-15 Recommended motion to be made by Council/Board: I move to adopt Resolutions 2022-14 and 2022-15 as presented and set the public hearing for July 26, 2022.
RESOLUTION 2022-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER
DIRECTING CITY ENGINEER TO PREPARE A REPORT ON ASSESSMENT DISTRICT NOS.
98-01; 97-01; 91-01A; 91-01B; 08-01; 06-01; 05-01; 05-02; 04-01; 04-02; 04-03; 04-04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01; 00-02
WHEREAS, the City of Exeter has formed nineteen assessment districts pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:
Maintenance of turf areas, shrubs, trees, irrigation systems and walls; and WHEREAS, the City Council needs to direct the City Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping & Lighting Act of 1972.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does herewith direct and order the City Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping & Lighting Act of 1972 for the 19 districts listed above.
PASSED, ADOPTED, AND APPROVED THIS 10H DAY OF MAY 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR BARBARA SALLY
ATTEST:
CITY CLERK SHONNA ONEAL
RESOLUTION 2022-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER OF
INTENT TO LEVY AND COLLECT ASSESSMENTS ON ASSESSMENT
DISTRICT NOS. 98-01; 97-01; 91-01A; 91-01B; 08-01; 06-01; 05-01; 05-02; 04-01; 04-02; 04-03; 04-04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01; 00-02 WHEREAS, the City of Exeter formed nineteen assessment districts pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:
Maintenance of turf areas, shrubs, trees, irrigation systems and walls; and the City Clerk a AS ott Cay Counce dith A tele Aty apter to prep Land ale with Lighting Act of 1972 for the 19 districts listed above; and WHEREAS, the City Council must conduct a public hearing to consider its intent to levy and collect assessments on said assessment districts.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing shall be held on July 26, 2022, to consider the intent to levy and collect assessments on Assessment District Nos. 98-01;97-01; 91-01A; 91-01B; 08-01; 06-01; 05-01; 05-02; 04-01; 04-02; 04-03; 04-04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01; 00-02
PASSED, ADOPTED, AND APPROVED THIS 10TH DAY OF MAY 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR BARBARA SALLY
ATTEST:
CITY CLERK SHONNA ONEAL
City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
For action by:
Agenda Item Number: E9 X City Council
Wording for Agenda: Award and authorize the City Administrator Regular Session:
avement Coatinas Co..
X Consent Calendar
$309,927 for construction of the 2022 Cape Seal and Micro _Regular Item Surfacing Project. Public Hearing
Submitting Department: Public Works Review:
Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318
Email: [email protected] City Administrator
(Initials Required)
Department Recommendation: 2B5
Staff recommends that Council award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Pavement Coatings Co., of Sacramento, CA in an amount not to exceed $309,927 for construction of the 2022 Cape Seal and Micro Surfacing Project.
Summary:
Using the results of Infrastructure Management Service's (IMS) survey as a guide, staff completed a secondary visual survey to determine which City streets could potentially benefit from a lower- cost maintenance treatment such as reclamite, thin skin patching, slurry seal, cape seal or crack sealing. The surveys identified several areas throughout the City that required remedial repair work prior to receiving any of the aforementioned low-cost maintenance treatments. remedial repair work was recently completed through a contract with Galante Brothers Contractors. Public Works staff is now preparing contracts for the low-cost maintenance treatments such as this cape seal and micro surfacing 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.
On March 23, 2022, staff advertised a Request for Bids (RFB 22-002) for a cape seal and micro surfacing project and received three (3) construction bids on May 4, 2022. Pavement Coatings Co., of Sacramento, CA submitted the apparent low bid of $309,927.
The following is a summary of the construction bids that were received:
Pavement Coatings Co. $309,927
VSS International, Inc. $353,000
American Pavement Systems, Inc. $373,132.22
Pavement Coatings Co.'s bid proposal for this project has been reviewed by staff and all required information submitted has been determined to be complete and responsive.
Background:
At the regularly scheduled Council meeting of February 13, 2018, staff gave a presentation on the condition of the City's streets. Staff recommended that the City should actively inventory its streets, determine which streets would benefit from lower cost maintenance treatments, and implement that program accordingly. A street survey had not been conducted since 2012 so on March 26, 2019, the Council awarded and authorized the City Administrator to execute an agreement with (IMS) to conduct an updated pavement condition survey throughout the City and directed staff to design a maintenance and repair program to maintain streets in the most cost-effective manner possible.
Fiscal Impact: On April 26, 2022, the Council adopted Resolution 2022-10 approving the City of Exeter's Fiscal Year 2022/23 list of projects funded by SB 1: The Road Repair and Accountability Act Road Maintenance and Rehabilitation Account. This was the project approved for use of the SB1 funding. Those funds, along with previous years allocations, which total $678,034, will be utilized for the aforementioned project.
Prior Council/Board Actions: None
Attachments: None
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to award and authorize City Administrator to execute an agreement with the lowest responsible bidder, Pavement Coatings Co., of Sacramento, CA in an amount not to exceed $309,927 for construction of the 2022 Cape Seal and Micro Surfacing Project.
City of Exeter
Agenda Item Transmittal
Date: May 10, 2022
For action by:
Agenda Item Number: F1 X City Council
Planning Comm.
Wording for Agenda: PUBLIC HEARING Consideration to adopt Regular Session:
Resolution 2022-16 approving General Plan Amendment 2022-01 to — Consent Calendar change the Land Use designation from Central Commercial to Regular Item Service Commercial and introduce and give first reading of X Public Hearing Ordinance 704 amending Title 17 (Zoning) of the Exeter Municipal Code, rezoning real property from the CC (Central Commercial) to Review:
CS (Service Commercial) district on 7,500 square feet of land located on the north side of Pine Street between H and G Streets in City Administrator Exeter (APN 135-110-07, 22, 23 and 24). (Initials Required) Submitting Department: Planning Department
Contact Name: Greg Collins, City Planner, Tristan Suire, Assistant City Planner
Phone: 559-734-8737
Email: [email protected], [email protected]
Department Recommendation:
Staff recommends that the City Council adopt Resolution 2022-16 approving General Plan Amendment 2022-01 to change the Land Use designation from Central Commercial to Service Commercial and introduce and give first reading of Ordinance 704 amending Title 17 (Zoning) of the Exeter Municipal Code, rezoning real property from the CC (Central Commercial) to CS (Service Commercial) district on 7,500 square feet of land located on the north side of Pine Street between H and G Streets in Exeter (APN 135-110-07, 22, 23, and 24).
Summary:
The applicant has requested two planning applications on a parcel of land located on the north side of Pine Street and west of G Street, containing 7,500 square feet. The applicant is seeking approval of 1) a general plan amendment from the central commercial designation to the service commercial designation, and 2) a zone change from the CC (Central Commercial) district to the CS (Service Commercial) district.
Background and Discussion:
The applicant, Donovan Scrimshire, has applied for amendments to the Exeter general plan and zoning ordinance for a parcel of land located at 253 West Pine Street in Exeter. These amendments would allow an existing building to be used for a motorcycle repair and maintenance operation. The CC commercial district does not permit the repair of motorcycles or other types of vehicles.
An examination of the subject building indicates that at one time the building was used for vehicle repair given the existence of three garage bays.
The subject property is bounded by properties on the north and west that are also zoned to the CC district. An inspection of the subject parcels revealed that two of the parcels were already being used for service commercial uses - electrician office and yard and a storage yard for a seatrain. The building on the northeast corner of Pine and His currently vacant but was recently used as an auto parts store, which would be a permitted use in the CS district.
Given that the subject property, and the three surrounding parcels, have in the past or are currently being used for service commercial uses, staff is recommending that all four parcels be designated and classified for service commercial uses. This action will bring all four parcels into conformance with the service commercial district and remove their current legal, non-forming status. In addition, this action would bring consistency over the block since the remainder of the block is already in the service commercial district
Conclusion:
Staff recommends that the Exeter City Council adopt Resolution 2022-16 approving General Plan Amendment 2022-01 to change the Land Use designation from Central Commercial to Service Commercial and introduce and give first reading of Ordinance 704 Amending Title 17 (Zoning) of the the Exeter Municipal Code, CC (Central Commercial) to CS (Service Commercial). These amendments will permit an existing building to be used for a motorcycle maintenance and repair shop and will achieve compliance for the three surrounding properties that are non-conforming in the current central commercial district but would be permitted in the new service commercial district designation.
Facts:
Applicant: Donovan Scrimshire
Location: The property is located near the northeast corner of Pine and H Street in Exeter.
The APN is 135-110-07.
s Mutilar
Subject Site
w Pine
W Pine St
W Pine St
The subject site contains 7,500 square feet - 2,400 square foot building, a parking lot including a concrete approach onto Pine Street, six (6) parking stalls, and a single-lane drive aisle connecting Pine Street with the alley east of the subject property.
Google Earth
Subject property pictured facing north from Pine Street. The existing building contains an office and three garage bays.
© 2022 Google
Google E
Subject property pictured facing northwest from Pine Street. The site is bounded by an alley on the east and Pine Street on the south.
Request: The applicant is requesting a general plan amendment from central commercial to service commercial and a zoning ordinance amendment from the CC district to the CS district. These amendments will provide for a motorcycle repair and part sales operation.
Design: The applicant is proposing to occupy an existing 2,400 square foot building that will be used for a motorcycle repair shop.
Use: The subject building is currently vacant.
Site: The site measures 75 feet by 100 feet.
Zone: The current zoning is CC (central commercial). Development standards for this district are as follows:
Front Yard: O feet
Side Yard: O feet
Rear Yard: O feet
Parking: based on land use
The requested zone is CS. Development standards for this district are as follows
Front Yard: 15 feet
Side Yard: 0 feet
Rear Yard: 0 feet
Parking: based on land use
Gen. Plan: The subject site is designated central commercial by the Land Use Element. The Circulation Element designates Pine Street as a collector roadway.
Land Use: The site contains a 2,400 square foot building. Surrounding land uses are as follows:
North: residential uses
South: service commercial uses
East: vacant land used for storage
West: service commercial uses
Infrastructure: The city engineer indicated that city sewer and water lines are located in the alley to the east of the subject property.
Landscaping: No new landscaping is proposed, and none is required.
CEQA: The proposed project is categorically exempt under the California Environmental Quality Act.
Prior Council/Board Actions: N/A
Attachments: Resolution 2022-16
Ordinance 704
Recommended motion to be made by Council:
I move to adopt Resolution 2022-16 approving General Plan Amendment 2022-01 to change the Land Use designation from Central Commercial to Service Commercial and introduce and give first reading of Ordinance 704 Amending Title 17 (Zoning) of the Exeter Municipal Code rezoning real property from the CC (Central Commercial) to CS (Service Commercial) district on 7,500 square feet of land located on the north side of Pine Street between H and G Streets in Exeter (APN 135-110-07, 22, 23 and 24).
RESOLUTION 2022-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER APPROVING GENERAL PLAN AMENDMENT 2022-01, A CHANGE IN LAND USE DESIGNATION
FROM CENTRAL COMMERCIAL TO SERVICE COMMERCIAL, FOR PARCELS
LOCATED ON THE NORTH SIDE OF PINE STREET BETWEEN H AND G STREETS, APN 135-110-07, 22, 23 AND 24, CONTAINING APPROXIMATELY 0.4 ACRES.
WHEREAS, Donovan Scrimshire has requested a general plan amendment and a zoning ordinance amendment for property at 253 West Pine Street (APN 135-110-07), located on the north side of Pine Street between H and G Streets in Exeter, containing approximately 7,500 square feet, and
WHEREAS, the applicant wishes to establish a motorcycle sales and repair shop in said building, which in the past has operated as a repair garage and most recently a karate studio, and WHEREAS, motorcycle sales and repair is not permitted in the CC (Central Commercial) district but is a permitted use in the CS (Service Commercial) district, and WHEREAS, three properties that surround the subject property are also zoned to the CC district but operate with service commercial uses (electrician office and yard, storage yard and vacant auto parts store), and
WHEREAS, from a land use perspective it makes sense to redesignate and reclassify all four parcels to the same designation and district rather than promoting a mix of service commercial and central commercial uses, and
WHEREAS, The City Council of Exeter, California did, on May 10, 2022, hold a duly noticed public hearing for review for an applicant-initiated request to consider a General Plan Amendment for a change in land use designation from "Central Commercial" to "Service Commercial", for property located on the north side of Pine Street, between H and G Streets, APNs 135-110-07, 22, 23, and 24, identified in attached Exhibit "A", and WHEREAS, the Planning Commission of the City of Exeter did, on the 17" of March, 2022, hold a duly noticed Public Hearing to consider the aforementioned General Plan Amendment, and
WHEREAS, the Planning Commission of the City of Exeter did adopt Resolution 2022- 01, to recommend adoption of said General Plan Amendment and Ordinance amendment to the City Council, and
WHEREAS, the redesignation and reclassification of the subject properties will permit the operation, maintenance and expansion of all uses permitted in the CS district, and WHEREAS, a public hearing notice was sent to surrounding property owners within 300 feet of the subject property and was also published in the local paper 10 days prior to said public hearing, and
WHEREAS, the Planning Department has prepared a staff report on the Scrimshire general plan and zoning ordinance amendments and determined that the project is categorically Resolution 2022-16
exempt under the California Environmental Quality Act (CEQA), Section 15061 (b)(3), the "Common Sense" exemption, and
WHEREAS, the City Council has reviewed the staff report, considered public testimony on said amendments both for and against.
NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating this general plan/zoning ordinance amendment.
1. The proposed project will not have an adverse impact on the health, safety or welfare of surrounding land uses.
2. The proposed project will not have an adverse impact on the environment.
3. That the proposed amendments will promote greater land use combability given that all four parcels will be zoned to the same district - service commercial.
BE IT FURTHER RESOLVED that the City Council hereby approves Resolution 2022-16 adopting General Plan Amendment 2022-01 as shown in Exhibit "A". The foregoing resolution was adopted upon a motion of Council member _ → second by Council at a regular meeting of the Exeter City Council on May 10, 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mayor
ATTEST:
City Clerk
Resolution 2022-16
Exhibit A
W Palm St
Subject
Properties to
NG St be Rezoned
CS
N H St
W pine St
ORDINANCE 704
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 (ZONING) OF THE EXETER MUNICIPAL CODE, REZONING REAL PROPERTY FROM THE "CC" (CENTRAL COMMERCIAL) DISTRICT TO THE "CS" (SERVICE COMMERCIAL) DISTRICT, FOR
PARCELS LOCATED ON THE NORTH SIDE OF PINE STREET BETWEEN H AND G STREETS, ASSESSOR'S PARCEL NUMBER 135-110-07, 22, 23 AND 24, CONTAINING APPROXIMATELY 0.4 ACRES.
The City Council of the City of Exeter does ordain as follows:
Section 1. The City Council of the City of Exeter hereby amends Title 17 (Zoning) of the Exeter Municipal Code, by amending the Zoning Map of the City of Exeter as shown in Exhibit "A" of this ordinance; and
Section 2. The City Council of the City of Exeter has determined that the proposed amendments to the Zoning Map are consistent with the Exeter General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect and be in full force (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter; and Section 6. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions or this ordinance.
Section 5. The forgoing Ordinance 704 introduced at a regular meeting of the City Council of the City of Exeter, was considered upon a motion of Council member → second by Council member at a regular meeting of the Exeter City Council on the 10th of May, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mayor
ATTEST:
City Clerk
Exhibit "A"
W Palm St
Subject
Properties to be
NG St Rezoned CS
N H St
w pine 5t
City of Exeter
Agenda Item Transmittal
Date: May 10, 2022
For action by:
Agenda Item Number: F2 X City Council
Planning Comm.
Wording for Agenda: Consideration of introducing and giving first Regular Session:
reading of Ordinance 705 amending Ordinance 246, the Exeter - Consent Calendar Zoning Ordinance relating to the reclassification of real property from Regular Item UR (urban reserve) to R-1-7.5 (single family residential, one unit per X Public Hearing 7,500 square feet) for a property located west of Belmont Road and between Chestnut Avenue and the westward alignment of Firebaugh Review:
Avenue, containing 2.55 acres (APN 133-007-15) as recommended by the Exeter Planning Commission. City Administrator
(Initials Required)
Submitting Department: Planning Department dB5.
Contact Name: Greg Collins, City Planner
Phone Number: (559) 734-8737
Email: [email protected]
Staff Recommendation:
That the City Council uphold the Planning Commission's recommendation and introduce and give first reading to Ordinance 705 amending Ordinance 246relating to the reclassification of real property from UR to the R-1-7.5 (See Exhibit A of Ordinance 705).
Summary:
The Planning Commission held a public hearing on Zoning Ordinance Amendment 2022-02, UR to the R-1-/.5, at their March 17, 2022 meeting. Staff provided background information on why the subject property was originally zoned to the UR (urban reserve) district to ensure orderly buildout of the subdivision and why it was necessary to reclassify it to the R-1-7.5 district in order to provide for the buildout of Phase One of Subdivision Map 06-02.
Nobody spoke either for or against the proposed zone change. The Commission voted 5-0 to recommend approval of Zoning Ordinance 2022-02 to the City Council.
Background:
In 2021, the property owner submitted a final map application for Phase One of Subdivision Map 06-02 (See map below). The applicant requested 63 single-family residential lots. The subdivision was approved as a PUD (planned unit development) in 2007, which allowed for:
• a mix of lot sizes
• dedication of park land
• installation of street trees
• construction of narrower streets and alleys
• the formation of a Landscaping and Lighting District
24-
430%
RECT -CARESSA STREET 9E321059013
OR TO COREMAIN
PARCAS AROARINA
N.A.P.
12 Curve Table POX: SPAS
On October 26 and November 9, 2021, the Exeter City Council approved a subdivision agreement, Landscaping and Lighting Assessment District and the Engineer's Report for Phase One of the Grove Subdivision. Since that approval, staff has discovered that the western sliver of the subdivision property was zoned UR (urban reserve) when it was intended to be zoned R- 1-7.5 when the property owner amended the phasing for the entire subject property in 2008.
In 2008, Phase One and Phase Two were switched because it made more sense to first develop the land between Chestnut and Firebaugh rather than the land south of the Firebaugh alignment. The new Phase One provided for a park/pond whereas the old Phase One did not.
The park/pond will provide open space for the new Phase One neighborhood as well as future neighborhoods, and it would also provide for a basin that could accept urban storm water runoff and provide for a potential water well site. If the original Phase One were to have been developed no park or storm drainage basins would have been installed To clear up this zoning oversight, staff is recommending that the western 2.55 acres of the new Phase One of the Grove Subdivision be reclassified from the UR (urban reserve) district to the R-1-7.5 (single family residential, one unit per 7,500 square feet) district.
Past Actions:
On June 12, 2007, the City Council approved the following actions for 68.75 acres of land located generally south of Visalia Road and west of Belmont Road.
1. Amended the Exeter Urban Boundaries element to include subject territory into Urban Development Boundaries line.
2. Initiated Annexation 06-03, annexing 68.75 acres; LAFCO Case 1433-E-33 was approved on 9/5/2007 (see Exhibit A).
3. Amended Zoning Ordinance to reclassify 68.75 acres to various zone districts - UR, R- 1-7.5
R-3 and R-1-6.
4. Approved Conditional Use Permit 06-06 (PUD)/Resolution 07-08, processed under the old Exeter Zoning Ordinance.
5. Approved Subdivision Map 06-02/Resolution 07-09 for 186 residential lots; 3.61 acre park/pond and 1.86 acre linear park. (Note: Contour Development had originally proposed 242 lots but this was reduced to 186 lots in order to be more consistent with the Southwest Exeter Specific Plan).
When the City Council approved the above actions they were concerned that the entire property be developed in an orderly fashion - development from east to west. To ensure that development pattern was adhered to, they classified the west third of the Grove Subdivision as urban reserve thereby cementing the east to west development pattern. When Phase One and Two were switched the UR zone was no longer necessary and in fact would preclude the logical buildout of the new Phase One of the Grove Subdivision.
EXHIBIT "А"
CITY OF EXETER - ANNEXATION
DETACHMET FROM THE COLN Y OF ULANE
- 66.34 ACPES -
LINE TAELE
4530
93,03
2.01 1224.00°
......
121
SE i: 10
On November 13, 2008, David Storer, representing Contour Development, requested an amendment to the phasing of Subdivision 06-02, swapping Phase 1 with Phase 2. This request was approved administratively given it was simply a renumbering of the approved tentative map.
It was the intent of this phasing swap to have the new Phase 1 encompass all the land between Belmont Road and Patricia Street and between Chestnut and Firebaugh streets, and that all the land be zoned R-1-7 and not R-1-7 and Urban Reserve. This mapping mistake was to be corrected when the city's zoning map was to be revised
T1.0
TENTATIVE SUBDIVISION MAP
TRACT NO.
ICINITY MAP SURVEY DATUM
B
From 2008 to 2021, in order to keep the Grove tentative map in play, the Exeter Planning Commission approved a number of time extensions consistent with the State Subdivision Map Act.
In 2021, the property owner submitted a final map application for the new Phase 1 of Subdivision Map 06-02. Instead of the 51 lots shown on Subdivision Map 06-02 for the new Phase 1, the applicant requested 63 lots. The design of this map was in substantial compliance with original lot layout but with more lots and two alleys. Staff has reviewed the final map for Phase 1 and has suggested modifications to the map's streetscape, landscaping and the design of the park/pond. A subdivision agreement, Landscaping and Lighting Assessment District and the Engineer's Report was approved by the City Council on November 9, 2021, for Phase 1 of the Grove Subdivision.
Purpose of Southwest Exeter Specific Plan
The Commission and City Council as well as staff has been flexible over the last 15 years with the developers of the Grove property. It is the intent of the City Council through the policies and design guidelines of the Southwest Specific Plan that the ultimate development of the specific plan planning area, containing 320 acres, represent a new approach to urban design in the Valley culminating in a number of new neighborhoods that are pedestrian-friendly, appreciate in value, conserve water, and attract new residents to Exeter.
In regards to the design and layout of residential units, it is the intent of the Southwest Specific Plan to promote unique architecture and a variety of home layouts that may be alley-loaded, contain detached or setback garages, front porches, water conservation landscaping, street trees, corner lot treatments, etc.
CONCLUSION
Staff recommends that the Exeter City Council uphold the Planning Commission's recommendation and introduce and give first reading to Ordinance 705 amending Ordinance 246 relating to the reclassification of real property(UR to R-1-7.5). This amendment will ensure that all the land under the new Phase One of the Grove Subdivision is properly zoned for residential development.
FACTS:
Applicant: City of Exeter
Location: The property is located west of Belmont Road and between Chestnut Avenue and the westward alignment of Firebaugh Avenue, containing 2.55 acres.
The APN is 133-007-15.
Ave 270
Request: The City is requesting a zoning ordinance amendment from the UR district to the R-1-7.5 district. This amendment will provide for the full buildout of Phase One of the Grove Subdivision.
Design: The applicant is proposing to construct a block of residential dwellings, 20 lots.
Use: The subject property is currently fallow.
Site: The site measures 335 feet by 339 feet.
Zone: The current zoning is UR (urban reserve). The requested zone is R-1-7.5.
Development standards for this district is as follows
Front Yard: 20 feet
Side Yard: 5 feet
Rear Yard: 20 feet
Parking: two covered parking stalls per unit
Gen. Plan: The subject site is designated medium density residential by the Land Use Element. The Circulation Element designates Chestnut and Firebaugh Streets as collector roadways.
Land Use: The site is vacant. Surrounding land uses are as follows:
North: vacant land
South: orchards
East: orchards
West: orchards
Infrast: Sewer and water lines will be extended to the subject property when ground is broken for the development of Phase One of the Grove Subdivision.
CEQA: The proposed project is categorically exempt under the California Environmental Quality Act.
Prior Council/Board Actions: Various previous actions regarding General Plan Elements and Zoning regarding the property and development.
Attachments: Ordinance 705 with Exhibit A
Recommended motion to be made by the City Council: 1 move to introduce and give first reading of Ordinance 705 amending Ordinance 246, the Exeter Zoning Ordinance, relating to the reclassification of real property from UR (urban reserve) to R-1-7.5 (single family residential, one unit per 7,500 square feet) for a property located west of Belmont Road and between Chestnut Avenue and the westward alignment of Firebaugh Avenue, containing 2.55 acres (APN 133-007-15) as recommended by the Exeter Planning Commission.
ORDINANCE 705
AN ORDINANCE OF THE CITY OF EXETER, STATE OF CALIFORNIA, AMENDING ORDINANCE NO. 246, THE EXETER ZONING ORDINANCE,
RELATING TO THE RECLASSIFICATION OF REAL PROPERTY IN EXETER FROM THE UR (URBAN RESERVE) DISTRICT TO THE R-1-7 (SINGLE-FAMILY RESIDENTIAL, ONE UNIT PER 7,500 SQUARE FEET) DISTRICT
THE CITY COUNCIL OF THE CITY OF EXETER DOES ORDAIN AS FOLLOWS:
Section 1. Reclassifying real property in Exeter from the UR to the R-1-7 district hereby amends ordinance No. 246 of the City of Exeter. The property is located west of Belmont Road and between Chestnut Avenue and the westward alignment of Firebaugh Avenue, containing 2.55 acres. The APN is 133-007-15.
Section 2. All ordinances and parts thereof of the City of Exeter in conflict herewith are hereby repealed.
Section 3. This ordinance shall take effect thirty (30) days after passage. Prior to the expiration of fifteen (15) days from the passage hereof this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against this matter.
The forgoing Ordinance 704 introduced at a regular meeting of the City Council of the City of Exeter, was considered upon a motion of Council member _ second by Council member _, at a regular meeting of the Exeter City Council on the 10th of May, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mayor
ATTEST:
City Clerk
ORDINANCE 705
EXHIBIT A
UR TO R-1-7.5
(ENUE AVENUE 272
N.A.P
1o: A
L 205*
A2% CO0HE
FRESAUGH AVENUEL
Curve Tabia
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.
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.
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, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, 2 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.
P. "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.
"Cannabis business" or "cannabis industry" means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), 3 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.
T. "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.
U. "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.
V. "Operator" means the Business Owner and any other person designated by the Business Owner as responsible for the day to day Cannabis business operation.
W. "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, manager(s), 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:
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. 4 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. 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 location(s) 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.
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 5 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 other business.
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 Resolution(s) of the City Council, which may be amended form time to time.
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 licenses) 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/Contractor 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 he licensee. The identification badge shall, at a minimum, include the licensee's "doin usiness as" name and license number, the employee's first and last name, and a colo 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.
5. 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 City.
Alcoholic Beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the Premises.
8. Transportation. Transportation shall only be conducted according to activity permitted by State law.
9. Distribution. There shall be no distributions to the Premises of cannabis or cannabis containing products except from properly licensed and permitted cannabis businesses. City- 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 6 at least twenty- one (21) years of age, or any older age if set by the State.
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.
The Exeter Police Department or Department designee shall have access to all security systems.
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.
Subject to the provisions below regarding the use and handling of 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.
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.
1. 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. o. 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 (and such information shall not be unreasonably withheld) 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 and 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 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 8 compliance with City's Code and this section, but only to the extent the Confidential Information is relevant to the proceeding.
15. Delivery.
à. 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 eturns 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 be maintained in a manner that causes a public or private nuisance.
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 9 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.
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.
d. 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 Subsection 19(b) above. 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:
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 10 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 ot the Premises Owner, the application form must be accompanied with a notarize knowledgment from the Premises Owner that Cannabis sales will occur on its propert
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.
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.
11 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/Contractor Permit Required.
A. Every employee of the Business, and any independent contractor working as part of the Commercial Cannabis Activity or involved in transportation/delivery related services for a Cannabis Business shall obtain an Employee/Contractor Permit. It shall be the duty of the Operator to ensure that Employee/Contractor 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/Contractor 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/Contractor 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.
7. Such other identification and information as deemed necessary by the Police Chief and pertinent to the Employee/Contractor Permit.
8. Authorization for the City, its agents and employees to seek verification of the 12 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/Contractor 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/Contractor Permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Exeter Police Department.
B. For Employee/Contractor Permits, after the background checks and investigation are complete, and n no case later than thirty (30) days atter receipt of a properly completed application, the Polic hief shall either approve or deny an Employee/Contractor Permit. At the discretion of th Police Chief, Employee/Contractor 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:
A. The business or conduct of the business at a particular location is prohibited by any local or State law, statute, rule or regulation.
13 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/Contractor Permit.
The grounds for denial of an Employee/Contractor 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:
1. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1 192.7(c); or
14 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 Permit subject to the other requirements of this Article and subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of 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 B. Employee/Contractor Permit. Action on the Employee/Contractor 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/Contractor Permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The Police Chiefs decision on an Employee/Contractor Permit shall be final, subject to judicial review
8.50.130 Suspension and Revocation of Regulatory Permit or Employee/Contractor 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:
1. The Cannabis Operation is conducted in violation of any provision of this section, or any applicable State law.
15 2. The Cannabis Operation is conducted in such a manner as to create a public or private nuisance.
3. 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.
S. 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/Contractor Permit. The Police Chief may suspend or revoke an Employee/Contractor 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/Contractor 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/Contractor Permits. Prior to suspension or revocation of an Employee/Contractor 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/Contractor 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/Contractor 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/Contractor Permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit. 16 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/Contractor Permit, no new application for a Regulatory Permit and no new application for an Employee/Contractor Permit shall be accepted and no Regulatory Permit or Employee/Contractor Permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one (1) year after denying or revoking the Regulatory Permit or Employee/Contractor 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 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 17 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 lebt owed to the City. An action may be commenced in the name of the City in any court of ompetent jurisdiction, for the amount of any delinquent tax, fees, penalties and interest thereo
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 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. 18 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 May, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
19 City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
For action by:
Agenda Item Number: F4 X City Council
Wording for Agenda: Council consideration of jointly sponsoring three Concerts In The Park, along with the Exeter Chamber of Regular Session:
Commerce, at a cost to the City of $3,375. I Regular Calendar Submitting Department: Administration Public Hearing
Contact Name: Adam Ennis, City Administrator Review:
Phone Number: (559) 592-4539
Email: [email protected]
City Administrator
(Initials Required)
Department Recommendation:
Staff recommends that the Council consider jointly sponsoring three Concerts In The Park, along with the Exeter Chamber of Commerce, at a cost to the City of $3,375.
Summary/Background:
Many years ago, the City of Exeter sponsored summer concert series, known as Concerts In The Park, through KJUG radio. The events were popular with few issues regarding them.
However, staff's understanding is that when the City budget became tighter over the years sponsoring these events was discontinued as a cost cutting measure.
The Exeter Chamber of Commerce was recently approached by KJUG radio regarding sponsoring three Concerts In The Park through this summer. The Exeter Chamber of Commerce has asked if the City would be interested in co-sponsoring this concert series. The total cost from KJUG radio would be $6,750, which the Exeter Chamber of Commerce is proposing to evenly split with the City. The concerts would occur in City Park on a weeknight.
Additional considerations for the concerts would be providing the Senior Center as a green room for entertainer preparation, providing porta potty restrooms, providing trash service and providing cleanup of the park after the event.
The Exeter Chamber of Commerce is checking on providing porta potty restrooms and, if the City sponsors the event, Mid Valley would provide the trash service through their current solid waste contract with the City. Clean up of the park after each concert could be provided by Able Industries at a cost of $100.00 per concert, contingent on them meeting insurance requirements. The Chamber has indicated that they would be willing to pay for the park cleanup after the events. If the City chose not to cosponsor the event, the Chamber indicated that they would probably not move forward with it on their own.
Fiscal Impact: If the City Council chooses to cosponsor the event the total cost for all three concerts would be around $3,375.00, which would be paid from the General Fund. None if the City Council chooses not to cosponsor the event.
Prior Council/Board Actions: Previous Concerts In The Park in past years Attachments: None
Recommended motion to be made by Council/Board: I move to: 1) cosponsor the three concert event at a cost of $3,375, or 2) not cosponsor the event.
City of Exeter
Agenda Item Transmittal
Meeting Date: May 10, 2022
For action by:
Agenda Item Number: F5 X City Council
Wording for Agenda: Consideration of 30-year deed restriction on City Park and Unger Park as a requirement of Per Capita Park grant Regular Session:
in the amount of $177,952 that was approved for application Consent Calendar X Regular Item
submittal on November 9, 2021.
Public Hearing
Submitting Department: Administration
Contact Name: Adam Ennis, City Administrator Review:
Phone Number: (559) 592-4539
City Administrator
Email: [email protected]
(Initials Required)
Department Recommendation: DGE.
Staff recommends that the Council consider 30-year deed restriction on City Park and Unger Park as a requirement of Per Capita Park grant in the amount of $177,952 that was approved for application submittal on November 9, 2021.
Summary/Background:
On November 9, 2021, the Council approved submittal of a grant application for the Per Capita Park grant in the amount of $177,952. Staff developed a potential project concept that could revitalize two parks, Exeter City Park (on Chestnut Avenue & S E Street) and Unger Park (on Belmont Road & D Street), while meeting the available funding amounts, timeframes, and other requirements of the grants. The potential project was proposed to install new play equipment at the Unger Park while updating the existing play equipment at the Exeter City Park. Both parks could also receive rubber flooring for protection and support to enhance the recreational experience for the city residents. This potential project concept was developed in coordination with the citizens park coalition.
Staff submitted the application by the due date of December 31, 2021, with an anticipated project completion date of December 31, 2023. When staff received the required paperwork for the grant one of the requirements was for a 30-year deed restriction on the full area of both parks. I he deed restrictions address the title restriction requirements and incorporate as an exhibit the grant contract, which contains the grant conditions. One of the grant conditions is to operate and maintain the "property" acquired or developed for a duration of the contract period. The "property" means the real property, so while the City is required to operate/maintain the parks (as improved) that have the restriction, these requirements would not include having to keep or replace grant-funded equipment that is no longer useable or safe. The grant funded equipment is anticipated to have a useful life of about 10 years. The City is able to sell a restricted property provided it gets State approval and replaces the property with property of equivalent value and usefulness (as determined by the State).
Fiscal Impact: None
Prior Council/Board Actions: Approval of Per Capita Park Grant submittal Attachments: None
Recommended motion to be made by Council/Board: I move to either; 1) move forward with the grant and project accepting the deed restrictions, or 2) do not move forward with the grant and project.