EXETER CITY COUNCIL ACTION MINUTES
OCTOBER 11, 2022
A closed session of the City Council, City of Exeter was held on Tuesday, October 11, 2022, at 6:30 p.m., in the Exeter City Council Chambers, 137 North F Street, and via zoom.
COUNCIL PRESENT: Barbara Sally, Frankie Alves, Justin Mills, Dave Hails, and Steve Garver COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, and Shonna Oneal
A. CALL TO ORDER CLOSED SESSION
Mayor Sally called the closed session to order at 6:30 p.m.
B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Mayor Sally requested those who wish to speak on matters listed on the Closed Session Agenda to do so at this time.
There were no public comments presented.
C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):
Mayor Sally adjourned to closed session at 6:31 p.m.
1. 54957.6 Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Groups: All represented and unrepresented employees A regular session of the City Council, City of Exeter was held on Tuesday, October 11, 2022, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street, and via zoom.
COUNCIL PRESENT: Barbara Sally, Frankie Alves, Justin Mills, Dave Hails, and Steve Garver COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, John Hall, Shonna Oneal, Hilary Robello, and Rainbow Moore D. CALL TO ORDER REGULAR SESSION AND REPORT ON CLOSED SESSION ITEMS (if any) Mayor Sally called the regular session to order at 7:01 p.m. No actions were reported from closed session.
E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Hails and an invocation was given by Pastor Brandon Zoll.
F. PUBLIC COMMENTS:
Clay Lyons addressed the Council to express concerns of the conditions of Dobson Field because the potential issues with kids getting hurt.
Kelly Daily addressed the Council to express concerns of the conditions of Dobson Field now that sports are back in Exeter.
Vicki Riddle addressed the Council to provide information on different options that are low maintenance for the park as she attended a meeting for the cemetery district on this topic.
Tyler Baker addressed the Council to express concerns of the conditions of Dobson Field now that recreation sports are back in Exeter.
G. SPECIAL PRESENTATIONS (if any): None
H. CONSENT CALENDAR:
It was moved by Council Member Mills, seconded by Mayor Pro Tem Alves, and carried unanimously that the items on the Consent Calendar be approved as presented.
1. Approve regular minutes of September 13, 2022
2. Payment of Bills
3. Payroll: September 16, 2022, and September 30, 2022
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 2, OCTOBER 11, 2022
4. Adopt Resolution 2022-41 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through November 10, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.
5. Reject the liability claim for damages filed by Monica Gibby on August 17, 2022.
6. Reject the liability claim for damages filed by Bryan Payne on August 26, 2022.
7. Affirm $19,616.30 in emergency repairs performed by Kaweah Pump, Inc. of Visalia, CA on the fresh water well located at the City's Wastewater Treatment Plant.
I. INDIVIDUAL BUSINESS ITEMS
1. Consideration to authorize the HOME Investment Partnership loan in the amount of $952,381 to be assumed by Srinivasula Polimera; and to authorize the City Administrator to execute a loan subordination agreement in the amount of $900,000; and to affirm forgiveness of the Redevelopment Loan in the amount of $35,000 in accordance with the Promissory Note; and to authorize the City Administrator to execute the necessary documents to transfer the loans and regulatory agreements to Srinivasula Polimera, for the apartment complex at 211 North F Street. Finance Director Rainbow Moore provided a PowerPoint presentation for Council's review and consideration. Council posed questions, Ms. Moore, City Administrator Adam Ennis and City Attorney Julia Lew provided a response thereto. Following discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Mills, and carried unanimously to authorize the HOME Investment Partnership loan in the amount of $952,381 to be assumed by Srinivasula Polimera contingent upon acceptance of the Declaration of the Restrictive Covenant and; to authorize the City Administrator to execute a loan subordination agreement in the amount of $900,000 contingent upon obtaining a property appraisal report to show the property value exceeding the overall loan amount of $1,852,381 and; to affirm forgiveness of the Redevelopment Loan in the amount of $35,000 and; to authorize City Administrator to execute the necessary documents to transfer the loans and regulatory agreements to Srinivasula Polimera for the apartment complex at 211 North F Street.
2. Review and provide direction on the draft Exeter City Council Handbook of Rules and Procedures of the City Council of the City of Exeter. City Clerk/Human Resources Manager Shonna Oneal provided a PowerPoint presentation for Council's review and consideration. Following a brief discussion, no action was requested or taken.
J. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest.
K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City.
L. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 7:58 p.m.
Hilary Robello, Deputy City Clerk
AVENU FINANCIAL SYSTEM CITY OF EXETER
10/07/2022 9:08:50 Payments for Publication GL335R-V08.17 PAGE Approved on 10/06/2022 for Payments Through 10/06/2022
Vendor Name Description
AMERICAN BUSINESS MACHINES SERVICES 105.30
234.75
C.L.E.A. OCT 2022 LT DISA
CALIFORNIA BUSINESS MACHINES ADMIN-KYOCERA 8/8-9/7/22 285.09 CENTRAL CAL WATERWORKS, INC OCTOBER 2022 WWTP 17,084.50 CENTRAL VALLEY SWEEPING LIC SEPT STREET SWEEPING 3,685.00 CITY OF EXETER 7/18-8/18/22 ASSES 3,444.45
CIVICPLUS, LLC 4,599.33
COLANTUONO, HIGHSMITH & AUGUST UUT COLLECTION 16.15
COLUMN SOFTWARE PBC DEFAULT LEGAL AND PUB 1,486.59
CRAIGS AUTO PARTS 2,166.85
DATA TICKET 124.63
ELITE CORPORATE MEDICAL SERV 1,458.50
EMD NETWORKING SERVICES, INC. NETWORK SECURITY FIRE WA 4,938.75 EWING IRRIGATION PRODUCTS INC UNGER PARK PGV-201 2 PLS 542.30 GALLS INCORPORATED APC200LE CONTAINMENT SYS 1,060.24
GIEFER/ MICHAEL 60.00
GOLDSTROM/ NORM 159.38
GOPHER GETTER 660.00
GOVERNMENT REVENUE SOLUTIONS 3,079.38
HAYES/ CURTIS OFFICER TUITUIN-GALLARDO
HILLARY ROBELLO
HP WATER SYSTEMS INC 25,627.66
KJUG CONCERT IN THE PARK 2,500.00
KRC SAFETY CO INC 6,462.84
LEAF CAPITAL FUNDING LLC ADMIN KYOCERA 18.25
LISA JOYCE WILLIAMS 900.00
MOTOROLA SOLUTIONS, INC APX UHF PORT 83,756.46
OFFICE DEPOT CALCULATOR PRINTING 450.56
PACE SUPPLY CORP. 11,476.12
PROFORCE 2,197.89
RNS INVESTMENTS 432.00
SELF-HELP ENTERPRISES 5,464.70
SEQUOIA APPAREL, INC SNAP BACK HATS: UNIF CAP 154.97
SERVICEMASTER BY BENEVENTO 2,446.82
SIMMONS TIRE SERVICE 12.5/80R18/12 TITAN 1,489.49
SPEEDY GONZALEZ CONSTRUCTION 2,000.00
STANDARD INSURANCE CO. 2,
STAPLES, INC. FOLDING TABLE
T-MOBILE
TALLEY OIL INC RECLAMATE PROJECT RFB 16,620.25
TRANSUNION RISK & ALTERNATIVE
TULARE COUNTY JAIL ROCKY HILL CHURCH PLAQUE
TULARE COUNTY SHERIFF'S OFFICE TC AGREEMNT 7/1-6/30/23
USA BLUEBOOK
VALLEY UNIFORM CENTER
VAST NETWORKS
VERIZON WIRELESS
AVENU FINANCIAL SYSTEM CITY OF EXETER
10/07/2022 9:08:50 Payments for Publication GL335R-V08.17 PAGE Approved on 10/06/2022 for Payments Through 10/06/2022
Vendor Name Description Amount
VOLLMER EXCAVATION, L.P. TRANSFER LOAD OF RD BASE ,927.31 WIRELESS INTERNET SERVICE, INC. WIRELSS INTERNET ACC 00. 01 Final Totals... 341,886.71
AVENU FINANCIAL SYSTEM CITY OF EXETE!
10/07/2022 09: 08:50 Payments for Publication GL060S-V08.17 RECAPPAGI GL335R
FUND RECAP:
TUNI DESCRIPTION DISBURSEMENTS
.....
104 GENERAL FUND 243,068.47
105 WATER FUND 50,384.04
106 SANITATION FUND 2,254.49
107 SEWER FUND 12,041.83
109 3,927.32
111 CDBG REVOLVING FUND 1,744.00
113 TRANSPORTATION FUND 16,620.25
116 LOW/MODERATE HOUSING FUND 1,275.25
121 INSURANCE FUND 3,386.69
129 2,445.45
LANDSCAPE AND LIGHTING DISTR 139.59
140 MEASURE P 4,599.33
TOTAL ALL FUNDS 341,886.71
BANK RECAP:
BANK NAME DISBURSEMENTS
BANK BANK OF THE SIERRA 341,886.71
TOTAL ALL BANKS 341,886.71
PAYROLI RUN-10/12/2022 11.45.06 PAGE 2
CHECK FORM STUB CHECK REGISTER PR311R-V14.12 Paymate
ERIOD 1 DATIN 10/14/2022
RECT DEPOSIT IS TU6 2D22-10/09/2022 CHECK DAT
CHECK CHECK CHECK
NANTOYEB/BANK/VENDOR CODE
NUMBER AMOUNT SEQ
50591 156.00 CLOCEA 1 VENDOR STUB ONLY
50592 570.00 EXOTER POLICE OFFICER AS $ 1 VENDOR STUB ONLY 50593 156.90 EXETER POLICE OFFICER AS 3A ONLY
50594 ENNIS/ADAM
2.662.37
50595 ONEAL/SHONNA N
50596 2,274.51 ROBELLO/HILARY 709
1,319.98 CARTER/AMY JO 502
1,516.10 CORREA/BIANCA 630
1,319.88 GARVER/ELIJAH 712
993.30 LARSON/MERRI 713
3,223.76 PARK MOORE/YUN GYUNG 703
215.87 SANCHEZ/CESILIA 307
1,429.45 SANTOYO/AIDE G 710
2,249.96 FRANCO/EEKHONG 304
1,946.03 PHILLIPS/ZACHARY 705
1,436.38 CARRETERO/VANESSA 402
3,000.94 CULLUM/TRENT 444
3,424.76 DURKEE /MARK 404
3,229.45 GIEFER/MICHAEL DAVID 438
1,339.51 GRAY/DAIZY 717
3,436.91 HALL/JOHN T 406
2,089.87 HAYES/CURTIS W 437
2,653.15 INGLEHART/BRETT A 411
1,623.72 LUJAN/JOSHUA 715
2,801.87 MARX/CHRIS 706
1,991.54 PHELPS/KEVIN M 429
1,558.38 SHIELDS/ ZION 708
50618 1,753.04 VILLARREAL/ISIDRO 707
50619 2,587.41 YARBER/ISABEL 422
50620 1,382.05 ALDRIDGE/GARY 618
50621 1,435.88 ARROYO/MARIE 623
50622 1,908.33 BRASSFIELD/TRAVIS 619
50623 1,708.34 ESPINOLA/DANIEL M 602
50624 546.77 GOLDSTROM /NORMAN 629
1,628.70 HUGGINS/KYLE AARON 621
2,985.08 QUALLS /DAYMON 607
1,369.41 RAMIREZ /JUAN 608
392.26 WENDT/EDDIE 626
387.30 ROWLETT/JACOB 718
1,519.36 MILLAN/MARCUS 622
1,154.99 MILLER/JAMES 624
586.66 MIRWALD/PHILIP 625
1,254.99 QUIROZ/PATRICK P 512
2,332.16 PRIDEAUX/TRACI 448
AYROL: RUN-10/12/2023 11.45.06 PAGE
R311R-V14.1 Paymate
DIRECT BE 15 U62D2-10/09/2022 CHECK DATE 10/24/2022
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
TOTALS FOR CHECK FORM: STUB
NEGOTIABLE CHECKS
0.00 *EMPLOYEE CHECKS
0.00 *VENDOR CHECKS
0.00 *BANK CHECKS
0.00 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
0.00 *MANUAL CHECKS
0.00 *CANCELLED CHECKS
0.00 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
77882:50 *DIRECT DEPOSIT STUBS
*VENDOR DIR DEP STUBS
City of Exeter
Agenda Item Transmittal
Meeting Date: October 25, 2022
For action by:
Agenda Item Number: E4 X City Council
Wording for Agenda: Adopt Resolution 2022-42 Approving the Regular Session:
Exeter City Council Handbook of Rules and Procedures.
X Consent Calendar
Submitting Department: Administration & City Attorney _ Regular Item Contact Name: Shonna Oneal, City Clerk - Public Hearing Julia Lew, City Attorney Review:
Phone Number: 592-9244
Email: [email protected], [email protected]
Department Recommendation:
Staff recommends that Council adopt Resolution 2022-42 Approving the Exeter City Council Handbook of Rules and Procedures.
Summary:
At the October 11, 2022 City Council meeting, the Council reviewed the draft proposed handbook. Following a brief discussion, no recommended changes or corrections were suggested. This item is before Council for formal adoption by resolution.
Background:
California Government Code Section 36813 provides that the Council may establish rules for the conduct of its proceedings. The City of Exeter has not adopted a handbook, which sets forth the rules and procedures of the general powers and duties of Council, meetings, decorum as well as procedural and administrative rules, that may be useful to the City Council, administrative staff, and the general public.
The topics covered in the attached handbook are based on the City of Exeter's Charter, Ordinances, and State Law and are summarized as follows:
Chapter 1: General Powers and Duties- This chapter provides general information regarding the powers and duties of the City, City Council Members, City Administrator, City Clerk, City Attorney and other general information regarding the structure of the City government.
Chapter 2: City Council Meetings- This chapter defines the different types of meetings and highlights the process of a City Council meeting.
Chapter 3: Decorum- This chapter highlights the rules and expectations for decorum and conduct in the Council Chambers.
Chapter 4: Procedural Rules- This chapter establishes the City's rules of order for procedural issues during the course of a meeting.
Chapter 5: Administrative Rules- This chapter provides administrative rules to be followed for purchasing, executing documents, appointing an acting City Administrator and outlines support provided to the Council.
The handbook would be a beneficial guide that summarizes the pertinent sections of the City Charter, Ordinances, and procedural matters for the City Council. Once adopted, this handbook would be provided to all City Council Members and provided in the Orientation Packet for newly seated Council Members.
Fiscal Impact: None.
Prior Council/Board Actions: On October 11, 2022, the Council reviewed the draft handbook and did not make any recommended changes or revisions.
Attachments: Resolution 2022-42
Exeter City Council Handbook of Rules and Procedures
Recommended motion to be made by Council/Board: Adopt Resolution 2022-42 as presented.
RESOLUTION 2022-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER ADOPTING THE
EXETER CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES
WHEREAS, California Government Code §36813 provides that the Council may establish rules for the conduct of its proceedings; and, WHEREAS, the City Council of the City of Exeter has not adopted a handbook of rules and procedures; and,
WHEREAS, the City Council of the City of Exeter has reviewed and considered a proposed handbook, which sets forth the rules and procedures of the general powers and duties of Council, meetings, decorum as well as procedural and administrative rules, that may be useful to the City Council, administrative staff, and the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER, does hereby resolve as follows:
SECTION 1. The Exeter City Council Handbook of Rules and Procedures as presented in Exhibit A is hereby adopted.
Passed, approved, and adopted this 25" day of October 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor ATTEST:
Deputy City Clerk
Resolution 2022-42
EXHIBIT A
Exeter City Council
Handbook of Rules and Procedures
See Attached.
EXETER CITY
COUNCIL
City of
OTECTING, PRESERVING,
AND PROMOTING
SMALL TOWN AMERICA
HANDBOOK OF
RULES AND
PROCEDURES
PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Exeter established the Handbook of Rules and Procedures contained herein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended, or new rules are adopted in the manner provided herein.
In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff, and the general public. This document is to be known as "The Handbook of Rules and Procedures of the City Council of the City of Exeter."
Adopted - 2022
Resolution 2022-XX, dated _ 2022
TABLE OF CONTENTS
CHAPTER 1 - GENERAL POWERS AND DUTIES
A. The City of Exeter 1
B. Council Elections.. 1
C. Vacancies ...1
D. Mayor/Mayor Pro Tem Selection. 1
E. Compensation ..2
F. City Clerk ...2
G. City Attorney (Special/Conflict Counsel) ...2
H. Triangle of Policy, Process & Product ...3
1. Mayor as Presiding Officer and Duties Thereto.
J. Mayor Pro Tem..
K. Rules of Procedures.
L. Interference in Staff Functions..
M. Council Voting .
CHAPTER 2 - CITY COUNCIL MEETINGS
A. Regular Meetings.
B. Special Meetings
C. Study Sessions
D. Closed Sessions
E. Agenda
F. Call to Order
G. Quorum...
H. Lack of Quorum
I. Recognition to Speak, Council Member ..
1. Interruptions..
2. Public Hearings.
J. Council Members' Obligation after Absence...
K. Adjournment of Meeting...
L. Agenda Items of Order
M. Audio Recordings
N. Video Recordings
O. Agenda Format for Regular Meetings
P. Components of Regular Meetings..
1. Citizen Comments ..
2. Communications..
3. Consent Calendar
4. General Business
Q. Minutes
R. Legislative Procedures
S. Appeals
T. City Council Agenda Item Referrals
U. Appointments..
V. Addressing the City Council 11
1. Speaker Form and Speaker Time. 11
2. One Speaker at a Time 11
3. Questions and Comments from the Public. 11
4. Addressing the City Council after a Motion is made. 11 W. Continued Agenda Items.. 12
X. Public Hearing Closed.. 12
Y. Cancellation of Meeting 12
Z. Items of Interest 12
CHAPTER 3 - DECORUM
A. Enforcement of Decorum.. 13
B. Conduct in the City Council Chambers. 13
1. Council Chambers Defined 13
2. Rules of Decorum for the Public 13
3. Rules of Conduct and Safety 13
4. Removal from the Council Chambers 13
5. Cell Phones .. 14
6. Media Equipment - Broadcast, News, Photography, Print, Published, Recording, Video 14
C. Courtesy 14
1. Council Members 14
2. City Employees. 15
3. Public Speakers 15
4. Appointed Members of Boards, Commissions and Committees 15 D. Noise in the Lobby .. 15
E. Crowd Control in Council Chambers.. 15
F. Smoking 16
G. Food and Drink 16
in City Council Chambers... 16
CHAPTER 4 - PROCEDURAL RULES
A. Rules of Order. 17
B. Rules of Discussion 17
1. Withdrawal of Motion 17
Voting 17
3. Failure to Vote 17
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification 17
5. Abstention/Recuse: Conflict of Interest 18
6. Tie Votes. . 18
C. Council Dais . 18
CHAPTER 5 - ADMINISTRATIVE RULES
A. Purchase by Contract or in the Open Market 19
B. Public works to be done by Contract... 19
C. Execution of Documents.. 19
1. Ordinances, Resolutions and Ceremonial Certificates 19
2. Contracts for Supplies, Public Buildings and Work.. 19
3. Agreements, Contracts, Addendums, Change Orders,
Memorandums of Understanding for Administrative, Managerial or Professional Services/Programs Over $15,000 19
4. Acting City Administrator Designation ..20
D. Council Administrative Support.. 20
1. Mail .20
2. Letters Addressed to Mayor and/or City Council Members. 20
3. Council Correspondence 20
4. Clerical Support 20
5. Council Notification of Significant Incidents.. 20
E. Rules and Procedures Administration 21
1. Review of City Council Rules and Procedures. 21
2. Adherence to Rules and Procedures 21
3. City Attorney as Rules and Procedures Advisor. .21
4. Adherences to Administrative Procedure and Process of Rules and Procedures .. 21
5. Applicability of Rules and Procedures. .21
F. Conflict with City Charter, City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law. 21 CHAPTER 1
GENERAL INFORMATION, POWERS AND DUTIES
A. THE CITY OF EXETER
The City of Exeter has a City Council/City Administrator form of government.
Under this form of government, the elected City Council sets the policies for the operation of the Exeter City Government.
The administrative responsibility of the city rests with the City Administrator, who is appointed by the City Council.
B. COUNCIL ELECTIONS
The City Council consists of five members, elected by-district in five single- member districts. One member of the City Council shall be elected from each district by the voters of that district alone. Each Council Member serves four- year staggered terms, without limit. Elected Officials serve until his/her successor has been elected and qualified. Elections are held in November of even numbered years.
The City contracts with the County of Tulare to handle municipal elections.
C. VACANCIES
Pursuant to the Exeter City Charter the process for filling a vacancy in any elective office, from whatever cause arising, shall be set by Ordinance. The City has not designated a process for backfilling a vacancy created mid-term so the process requirements are dictated by general law. Government Code 36512 specifies how general law cities fill vacancies. Within 60 days of the creation of the vacancy, the City Council must either fill by appointment or call for a special election. If the Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy by special election would hold office for the remainder of the unexpired term of the former incumbent.
The other option to fill the Council vacancy is by appointment within 60 days of the vacancy. If the vacancy occurs in the first half of the term, the person appointed to fill the vacancy shall hold office until the next general election. If the vacancy occurs in the second half of the term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office for the unexpired balance of the term of office.
Any individual appointed to a vacancy must be a registered voter and reside within the district in which the appointment is to be made.
If any officer of the City shall remove from the City or absent himself/herself therefrom for more than thirty (30) days consecutively without the permission of the Council, or shall fail to qualify, or shall resign, or be convicted of a felony, or be adjudged insane, his/her office shall thereupon become vacant.
D. S MAYOR/MAYOR PRO TEM SELECTION
The Mayor and Mayor Pro Tem are members of the City Council and selected by said Council and not elected by the voters. These positions typically serve a period of two years, without limit.
E. COMPENSATION
The City of Exeter Municipal Code Section 2.04.030 provides that Council Members, including the Mayor, are entitled to receive the sum of ten dollars for each meeting of the council the individual attends, whether such meeting be a regular meeting, a special meeting, or adjourned or a continued meeting no more than four meetings in any calendar month. The Council Members and their immediate family members have the option of participating in the City's wellness clinic at their cost. Expenses for city related business (i.e. meetings, conference attendance, League Division dinners, etc.) are covered by the City. No other compensation is provided.
F. CITY CLERK
The City Clerk is appointed by the City Council by a majority vote. The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk, in consultation with the City Attorney, ensures that actions are in compliance with all federal, state and local statutes and regulations and that all actions are properly executed, recorded, and archived.
The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City departments, and the general public rely for information regarding the operations and legislative history of the City. The City Clerk serves as the liaison between the public and City Council and provides related municipal services. In the City of Exeter, the City Clerk also serves as the Human Resources Manager and Risk Manager. 7 G. CITY ATTORNEY
The Exeter City Council appoints the City Attorney, who shall be an attorney-at- law, duly admitted to practice in the courts of this state.
H. TRIANGLE OF POLICY, PROCESS & PRODUCT
The City Council establishes the Policy-establishing vision and direction for the community's future.
The City Clerk, in consultation with the City Attorney, oversees the Process- ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.
The City Administrator provides the Product-which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.
1. MAYOR AS PRESIDING OFFICER AND DUTIES THERETO
The Mayor shall be recognized as the official head of the City of Exeter for all ceremonial purposes. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The Mayor shall act as the Presiding Officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as such Presiding Officer. The Mayor shall possess no veto power.
The Mayor shall preserve strict order and decorum at all times. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: The length of time persons may speak, require that, if desirable, a spokesperson address the Council on behalf of a group of persons and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The Mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the Mayor shall announce the results of the vote.
The Mayor is eligible to vote on all motions, and shall direct the order of participation of Council Members. The Mayor shall, in all instances, have the last chance to speak. The Mayor shall sign all ordinances and resolutions adopted by the City Council during the Mayor's presence. The Mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy, or by approval by Council.
J. MAYOR PRO TEM
8 In the absence of the Mayor, the Mayor Pro Tem shall possess and perform the power and duties of the Mayor. In that capacity, the Mayor Pro Tem shall sign ordinances and resolutions adopted in his/her presence. The Mayor Pro Tem may also sign agreements and/or contracts, except where otherwise instructed or set forth by policy, or approval of the Council.
K. RULES OF PROCEDURES
The City Council shall determine its own rules of procedures and amend them from time to time or adopt new rules as it deems necessary.
Simple Parliamentary Decorum shall govern meetings. The Mayor shall ask for a motion and a second prior to calling for a voice vote (i.e. ayes, nays, abstentions) absent an electronic voting device. In the instance of a vote on an ordinance or resolution the Mayor, absent an electronic voting device, may ask the Clerk to poll the Council, beginning with the member who motioned, then the member who seconded and alphabetically thereafter, with the Mayor being polled last unless required to do so for teleconference meetings.
The Mayor reserves the right to direct the Clerk to poll the Council on any vote.
Amendment to or adoption of new City Council Rules shall be accomplished by majority vote.
Any Council Member may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act.
L. INTERFERENCE IN STAFF FUNCTIONS
The City Council shall deal with the administrative services of the City through the City Administrator, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Administrator. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Administrator.
The City Council shall deal with the Office of the City Attorney only through the City Attorney, except for the purpose of inquiry, and neither the City Council nor any member thereof, should give orders to subordinates of the City Attorney.
M. COUNCIL VOTING
A majority, also known as a simple majority, is a subset of a group that is more than half of the entire group (ex. 50% plus 1 of the members present.) A two-thirds majority or "super majority" means that two-thirds of the entire membership of a body or more must agree to the proposition. It is much stronger than a simple majority requirement (ex. 50% plus 2 of the members). In the event of an absence the vote would have to be unanimous.
Resolutions, orders for payment of money, and all ordinances required a recorded majority vote of the total membership of the city council. Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity, require a super majority of the entire membership, or a unanimous vote of those present. Also See Chapter 2, Section G below.
CHAPTER 2
CITY COUNCIL MEETINGS
A. REGULAR MEETINGS
The times of City Council meetings are set by Resolution. Regular meetings of the City Council shall be open to the public and held on the second and fourth Tuesdays of every month, at the hour of 7:00 p.m. Closed Session, when necessary, shall be held at 6:30 p.m. and may be adjourned and/or continued after the regular meeting as noted by the Mayor.
Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day, not a holiday, as if it were a regular meeting.
B. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor or by his/her designee whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law.
C. STUDY SESSIONS
The City Council may meet in a "study session" called as a Special Meeting for the purpose of acquiring information on a particular subjects). Study sessions shall be open to the public. Study sessions are not public hearings; however, public input will be received. The City Council may not vote or otherwise express consensus, intent, or direction and will not take any final action at a study session, unless the agenda specifically notes such action of a vote, consensus, intent or direction.
D. CLOSED SESSIONS
Consistent with Government Code Section 54954.2 the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.
The general subject matter for consideration shall be expressed in an open 10 meeting before such session is held. After closed session the legislative body must reconvene to open session and may be required to disclose action taken, if any.
The legislative body in a closed session can consider only matters covered in its agenda descriptions. City Council Members shall keep all written materials and verbal information provided to them on matters that are confidential under law in complete confidence to ensure that the City's position is not compromised. No mention of information in these materials should be made to anyone other than Council Members, City Attorney, or City Administrator, unless one of the aforementioned is precluded or a subject thereof.
If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. A Council Member should not have any contact or discussions with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions. All public statements, information, press releases, should be handled by the designated representative or spokesperson.
Government Code Section 54963 (a) - (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential closed session discussions, without first receiving authorization from the legislative body.
E. AGENDA
In order to facilitate the orderly conduct of the business of the citizens of Exeter, the City Administrator, with input from Department Heads and the City Attorney shall set the agenda, reviewing same with the Mayor. The City Clerk shall arrange such matters as may have been timely provided, for inclusion in the agenda. Each member of the Council shall be provided with a copy of the City Council agenda in accordance with the provisions as outlined in the Brown Act.
In order for this to occur the City Clerk shall provide deadlines for the submittal of staff reports to be used in the preparation of the City Council agenda.
F. CALL TO ORDER
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro Tem. In the absence of the Mayor and Mayor Pro Tem, the meeting shall be called to order by the most senior Council Member present. This person shall serve as the Council's presiding officer until the arrival of the Mayor or Mayor Pro Tem, or until adjournment of the meeting. 11 QUORUM
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances, resolutions, and orders for the payment of money require at least three affirmative votes.
H. LACK OF QUORUM
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. It a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.
I. RECOGNITION TO SPEAK, COUNCIL MEMBER
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.
Interruptions:
A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein.
Public Hearings:
Council Members should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.
J. COUNCIL MEMBERS' OBLIGATION AFTER ABSENCE
When a Council Member is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.
ADJOURNMENT OF MEETING
12 The Mayor shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.
L. AGENDA ITEMS OUT OF ORDER
The Mayor, may, with the consent of the City Council, modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.
M. AUDIO RECORDINGS
All regular meetings (except closed sessions) of the City Council are audio recorded. All special meetings, inclusive of, but not limited to study sessions, budget sessions are recorded. Audio recordings are in digital format and are to be archived in accordance with the City's Records Retention Policy.
N. VIDEO RECORDINGS
The City may video record meetings. In the event a meeting is video recorded, the record will be archived in accordance with the City's Records Retention Policy.
O. AGENDA FORMAT FOR REGULAR MEETINGS
The agenda format for the Exeter City Council regular meetings may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected:
CALL TO ORDER REGULAR SESSION
PLEDGE OF ALLEGIANCE AND INVOCATION
PUBLIC COMMENTS
SPECIAL PRESENTATIONS
CONSENT CALENDAR
INDIVIDUAL BUSINESS ITEMS
COUNCIL ITEMS OF INTEREST
CITY ADMINISTRATION/DEPARTMENT COMMENTS
ADJOURN REGULAR MEETING
P. COMPONENTS OF REGULAR MEETING
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:
1. Public Comments
This is the time for citizens to comment on subject matters that are not on 13 the agenda that are within the jurisdiction of the Exeter City Council. In compliance with public meeting laws, Council cannot discuss topics that are not included on the published agenda. This is also the time for citizens to comment on items listed on the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar Items and all Individual Business or Public Hearing Items that are listed on this agenda will be heard at the time that item is discussed or at a time the Public Hearing is opened for comment.
In fairness to all who wish to speak, comments shall be limited to five (5) minutes for each individual, ten (10) minutes for an individual representing a group, and thirty (30) minutes overall for the entire public comment period, unless otherwise indicated by the Mayor. Although not required, speakers are asked to begin their comments by stating their name and city of residence.
Special Presentation
Items in this category are informational or ceremonial in nature only. No action is required or taken on these items. Issuance of Proclamations, Resolutions of Commendation, Introduction of Employees, presentation from citizen groups, etc., may be scheduled by the City Administrator or City Clerk in consultation with the Mayor.
3. Consent Calendar
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
Individual Business Items
Comments related to Individual Business and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
City Council Items of Interest
In this section of the agenda, City Council may provide information or updates on meetings/conferences attended, complaints/concerns/praises received from constituents, announce upcoming events, present information of Council/City interest, etc. Items presented under this section cannot be acted upon at the meeting in which it is discussed; however, it may be agenized for a future meeting upon the majority approval of the City Council.
14 6. City Administrator/Department Comments
City Administrator/Department Comments may include updates on City projects and events. Items presented under this section cannot be acted upon at the meeting or discussed. Informational in nature only.
Q. MINUTES
The City Council utilizes hybrid minutes, a blending of action and/or verbatim minutes and shall be known as "summary minutes" which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The digital audio recordings shall serve as the verbatim record and are kept in accordance with the City's Records Retention Policy. Minutes may be approved under the Consent Calendar without reading. If, however, a Council Member raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record and approved at that meeting in which it is addressed.
R. LEGISLATIVE PROCEDURES
Generally, legislative proceedings shall be conducted in the following order:
Introduction of the item by the Mayor
Staff presentation
If applicable, Public Hearing opened by Mayor
Public Comments
If applicable, Public Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Appeal proceedings shall be conducted in the following order:
Introduction of the item by the Mayor
Staff presentation
Hearing opened by Mayor
Appellant's comments
Public comments
Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
APPEALS
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are 15 subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda; the decision of which shall be factored upon the Council's decision on appeal.
Т. CITY COUNCIL AGENDA ITEM REFERRALS
Any Council Member may, at a regularly scheduled meeting under "City Council Items of Interest" ,, request a matter which is not otherwise scheduled on a City Council agenda to be placed on a future agenda. The Council Member referring the item shall provide a brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the item.
The City Council, after considering the referral, may either refer the matter to staff to schedule as a future City Council agenda item or they may, by concurrence of the majority, advise to not place on a future agenda.
U. APPOINTMENTS
Appointment to the City Boards, Committees and Commissions (Planning Commission and Downtown Design Review Committee) shall be made as set forth in Ordinances adopted by the Exeter City Council and may be amended from time to time. Appointment to outside Agency Boards and Committees shall be made and reviewed consistent with the applicable Board's or Committee's regulations, and shall otherwise be reviewed every two (2) years in December in even years and as needed thereafter.
V. ADDRESSING THE CITY COUNCIL
Speaker Form and Speaker Time
A person desiring to address the City Council may be encouraged to complete a Speaker Form. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Mayor may allocate a longer speaker time, other than what is noted on the agenda, without objection from the City Council.
Each person shall stand at the podium, if one is available, and is requested to state & spell his/her name and provide city of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked of a Council Member or a member of City staff except through the Mayor.
One Speaker at a Time
No person, other than the person having the floor, shall be permitted to 16 enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a Council Member or City Staff except through the Mayor.
3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Citizen Comments.
Addressing the City Council after a Public Comment and/or a Motion is made
No person in the audience may address the City Council after the public comment portion is concluded, or after a motion is made, without first securing permission from the Mayor to do so, and the Mayor is permitted but not required to recognized the interruption. Upon recognition by the Mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.
W. CONTINUED AGENDA ITEMS
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made.
The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item.
The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.
X. PUBLIC HEARING CLOSED
Once a public hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.
However, a public hearing may be re-opened by a majority approval by the Council to hear new information.
Y. CANCELLATION OF MEETING
The City Administrator in consultation with the Mayor, may cancel City Council meetings if there is no business to conduct, or a meeting date conflicts with City 17 holidays. All noticing of the canceled meeting will be done by the City Clerk, or designee, in accordance with the law.
CHAPTER 3
DECORUM
A. ENFORCEMENT OF DECORUM
The Mayor shall designate the Chief of Police, or his/her designated representative as a sergeant-at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.
B. CONDUCT IN THE CITY COUNCIL CHAMBERS
1. Council Chambers Defined
Council Chambers shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined by the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.
Rules of Decorum for the Public
Members of the audience shall not engage in any meeting disruption, which is defined as engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following: a) a failure to comply with reasonable and lawful city council policies/regulations or other applicable laws, or b) engaging in behavior that constitutes use of force or a true threat of force as defined by law.
Examples include disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which actually disturbs, disrupts, impedes or otherwise renders the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the Mayor (or presiding member of the City Council), be subject to ejection from the meeting per Government Code Section, 54957.9 and 54957.95, if the audience member continues the behavior after having been warned of the consequences the presiding council member or his/her designee. Any person who violates these rules may be guilty of a misdemeanor. This section shall not be construed to prohibit public criticism of the policies, procedures, programs, or services of the agency, or the acts or omissions of the city council. 18 3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chambers. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chambers, including cellular phones or pagers, without first either turning said equipment off or to a silent mode.
4. Clearing of the Council Chambers
In addition to the remedies set forth above, in accordance with California Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting not feasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue the session. Representatives of the press or other media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this provision. The City Council may establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Cell Phones
In order to minimize interference to audio recording equipment during a City Council cell phones shall be turned off or at minimum placed on silent during all meetings.
6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video
The use of media equipment that enables recording of information of an open and public meeting is permissible, absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings.
In the event that use of media equipment is disruptive, the Mayor may first seek to remedy of the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.
If the equipment operator refuses to make such accommodations the Mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chambers/meeting location. 19 C. COURTESY
1. Council Members
Council Members shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.
City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.
Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Citizen's Comments section of the agenda. As noted above, the right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.
While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under Citizen's Comments section of the agenda is subject to the rules of decorum and removal procedures set forth in Section B above.
4. Appointed members of Boards, Commissions and Committees Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.
D. NOISE IN THE LOBBY
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
E. CROWD CONTROL IN COUNCIL CHAMBERS
If the City Administrator, or the City Administrator's designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he/she shall provide for appropriate crowd control.
Alternatively, the City Administrator may in consultation with the Mayor, determine a different location to accommodate the crowd.
F. SMOKING
It is unlawful for any person to smoke in the City Council Chambers. 20 G. FOOD & DRINK
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chambers.
H. DISTRIBUTION OF LITERATURE AND OTHER MATERIALS IN CITY
COUNCIL CHAMBERS
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers.
Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Citizen's Comments, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.
Such other literature may only be displayed or distributed outside the City Council Chambers area.
CHAPTER 4
PROCEDURAL RULES
A. RULES OF ORDER
The City Council shall determine its own rules of order and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council procedures shall be accomplished by a majority vote.
B. RULES OF DISCUSSION
1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the Council Member who seconded the motion.
2. Voting
The City Council, in the absence of an electronic voting device, votes by "voice vote" on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Silence shall be recorded as an affirmative vote, unless abstention is required by law, in which case silence shall be recorded as an abstention. The Presiding Officer shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions, the names of Council Members and their respective votes.
21 3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Council Member to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Council Member who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A Member of the City Council who abstains determines not to vote "yes" or "по" '. A vote to "abstain" except for an identified legal disqualification shall be counted as an affirmative vote. A Council Member shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A Council Member who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.
5. Abstention/Recuse: Conflict of Interest
Prior to consideration of any matter or item, Council Members may consult with the City Attorney concerning potential conflicts of interest.
Council Members shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Council Member shall leave the Council dais until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum. Further requirement on abstention and absence from the Chambers may be imposed by State law.
It should be noted; however, a Council Member may speak, on his/her own behalf - as opposed to on behalf of someone else - on certain matters that directly affect his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she may be able to address the Council, speaking to what the impact would be to his/her property or business. Any Council Member who chooses to speak on an item as an individual resident, that he/she are otherwise legally disqualified from participating as a Council Member, shall do so at their own risk and subject to any consequences from FPPC.
22 6. Tie Votes
When one Council Member is absent and a matter under discussion has a tie vote, the item will be considered denied and to have not passed. The City Council exercises "appellate jurisdiction" when it considers certain prior determinations in which it is conferred such specific authority. In these instances a tie vote constitutes a non-action, which is a denial of the appeal.
Motion for Reconsideration
Upon final vote by the Council of any agenda item, a motion for reconsideration may be made, but only during the Council meeting wherein the agenda item was approved or denied. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council.
If the motion to reconsider passes, then a member of Council may make a new motion related to the same item.
C. COUNCIL DAIS
The City Council seating area, most commonly referred to as the Council Dais is restricted to Council and City Statt at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.
CHAPTER 5
ADMINISTRATIVE RULES
A. PURCHASE BY CONTRACT OR IN THE OPEN MARKET
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market. Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.
B. PUBLIC WORKS TO BE DONE BY CONTRACT
All public buildings and work, when the expenditure therefore shall exceed the sum established by a policy through a resolution adopted by the City Council, 23 shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.
C. EXECUTION OF DOCUMENTS
1. Ordinances, Resolutions and Ceremonial Certificates
The Mayor as Presiding Officer or in the Mayor's absence the Mayor Pro Tem shall execute all Ordinances and Resolutions. Ceremonial Resolutions, Proclamations and Certificates will also be executed by the Mayor or in the Mayor's absence the Mayor Pro Tem.
2. Contracts for Supplies, Public Buildings and Work
All contracts for supplies, public buildings and work shall be approved as to form by the City Attorney, and shall be signed by the Mayor or in his absence the Mayor Pro Tem, and attested to by the City Clerk, unless authorized to be signed by the City Administrator or Purchasing Officer per Exeter Code of Ordinances Section 2.10.
Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs over $15,000
All agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs over $15,000 shall be, upon approval of Council, approved as to form by the City Attorney, and shall be signed by the City Administrator, or the City Administrator's designee, and attested to by the City Clerk. 24 4. Acting City Administrator Designation
In that the City Administrator is required to be away from the City from time to time, due to conferences, training, business trips, etc., and it is necessary that the City be represented within the authority of the City Administrator, the City Administrator has the ability to use discretion in selecting and designating an Acting City Administrator to carry out the ministerial duties for the duration of the City Administrator's absence as set forth in writing when the Acting City Administrator is designated. Such designee shall be an Employee of the City.
D. COUNCIL ADMINISTRATIVE SUPPORT
Mail - All general mail is opened, date stamped and routed to the addressee.
2. Letters Addressed to Mayor and/or City Council Members - All letters addressed to the Mayor and/or City Council Members requiring a response from staff are copied to the City Administrator. A copy of the responses mailed, along with the original letters will be provided to each Council Member.
Letters addressed to the Mayor and/or City Council members that do not require a response, but provide information on Council agenda items or like matters will be copied to the full Council.
Mail pertaining to specific meetings where an individual Council Member is the appointed representative of the Council is opened, said mail will be distributed to that Council Member and not copied to the full Council.
Council Correspondence - All Council Members correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual Council Member's positions. All Council Member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.
4. Clerical Support - The City Administrator/City Clerk's Office will coordinate the typing of correspondence requested by individual Council Members for communications reflecting the position of the full Council. All correspondence typed for Council Member will be on City letterhead and will reflect the position of the full Council, not individual Council Member and will be copied to the full Council.
Council Notification of Significant Incidents - In conjunction with the City public safety departments, the City Administrator's Office will report on significant incidents immediately once known via phone call or email. 25 RULES AND PROCEDURES ADMINISTRATION
Review of City Council Rules and Procedures - The Council will review and revise the Handbook of Rules and Procedures as needed.
Adherence to Rules and Procedures - During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council's adopted protocol.
City Attorney as Rules and Procedures Advisor - At the behest of the ull Council, the City Administrator may be directed to confer with the Cit Attorney in interpreting the City Council's adopted Rules and Procedure and proposed changes.
4. Adherences to Administrative Procedure and Process of Rules and Procedures - The Council has delegated the City Administrator responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council Member. The City Administrator will discuss with the Council Member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Administrator will report the concern to the full Council.
Applicability of Rules and Procedures - The City of Exeter City Council Handbook of Rules and Procedures shall also apply to all Board, Commissions and/or Committees as established by the City Council.
CONFLICT WITH CITY CHARTER, CITY MUNICIPAL CODE, CITY
PROCUREMENT POLICIES, ADMINISTRATION POLICIES, STATE OR
FEDERAL LAW
If there is any conflict contained hereinabove with the City Charter, City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.
26 City of Exeter
Agenda Item Transmittal
Meeting Date: October 25, 2022
For action by:
Agenda Item Number: E5 X_ City Council
Regular Session:
Wording for Agenda: Adopt Resolution 2022-43 amending the X Consent Calendar City's 2022/23 salary schedule to reflect the following: Regular Item
1. Updating the entry salary for exempt employee classifications Public Hearing of Deputy City Clerk/Personnel Officer and Financial Analyst from $64,468 (annual) to $64,480 (annual) effective Review:
December 19, 2022,
2. Updating the effective date of the hourly rate increase for City Administrator minimum wage earners to December 19, 2022, and (Initials Required)
3. Revising the Police Officer Trainee bargaining unit from Unrepresented to CLOCEA effective 10/25/2022.
Submitting Department: Administration and Finance
Contact Name: Shonna Oneal, City Clerk/Human Resources
Manager
Rainbow Moore, Finance Director
Phone Number: (559) 592-9244, (559) 592-2755
Email: [email protected]
[email protected]
Department Recommendation:
Staff recommends that City Council adopt Resolution 2022-43 as presented.
Summary:
To remain in compliance with state law effective January 1, 2023, revisions to the City's salary schedule are necessary. In order to streamline the efficiency of the updates necessary, it is recommended the effective date of the changes be December 19, 2022 (the pay period that includes January 1, 2023). In addition, the bargaining unit for the new Police Officer Trainee position should be revised to reflect "CLOCEA" instead of "Unrep" upon adoption.
Background:
Pursuant to California Labor Code §515, subd.(a), exempt employees must meet certain job duty requirements and earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. With the increase in minimum wage to $15.50 per hour, the new minimum salary for exempt employees will be $64,480 annually, or $5,373 per To remain in compliance with state law, the following revision to the City's 2022/2023 Salary Schedule are requested and the effective date for the revision is recommended to be December 19, 2022 to coincide with the payroll cycle.
- Update the entry salary for exempt employee classification of Deputy City Clerk/Personnel Officer and Financial Analyst positions from $64,468 (annual) to $64,480 (annual) effective December 19, 2022
Update the effective date of the hourly rate increase for minimum wage earners to December 19, 2022.
It was noted on the salary schedule a change was necessary to the "BU" (bargaining unit) column for the new Police Officer Trainee position. The bargaining unit for the Police Officer Trainee should be "CLOCEA" instead of "Unrep." The position will not qualify for membership in the "EPOA" unit as they will not be a "Sworn" employee. However, any individuals hired for this position should have the option to obtain membership in the City's other union, "CLOCEA." Therefore, the revision is necessary to correct this inadvertent mistake.
Financial Impact:
The increase to the entry salary for the exempt employee classifications of Deputy City Clerk/Personnel Officer and Financial Analyst will be minimum. However, the continued increases to minimum wage requirements could have larger financial impacts to the City's finances moving forward because the minimum wage may start to impact the lower paid positions in the City. This impact can cause ripple effects across the organization. The City should carefully plan accordingly moving forward to address this issue.
Prior Council/Board Actions: Resolutions 2022-25, 2021-33, 2021-16, 2021-10, 2020-34, 2020-43, 2019-18, 2018-34, 2018-24
Attachments: Resolution 2022-43.
Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-43 as presented.
RESOLUTION 2022-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AMENDING THE CITY'S 2022/2023 SALARY SCHEDULE UPDATING THE ENTRY SALARY FOR EXEMPT
EMPLOYEE CLASSIFICATIONS OF DEPUTY CITY CLERK/PERSONNEL OFFICER AND FINANCIAL ANALYST PER STATE LAW EFFECTIVE DECEMBER 19, 2022 AND
UPDATING THE EFFECTIVE DATE OF THE HOURLY RATE INCREASE FOR MINIMUM WAGE EARNERS TO DECEMBER 19, 2022 AND REVISING THE POLICE
OFFICER TRAINEE BARGAINING UNIT FROM
UNREP TO CLOCEA
WHEREAS, the City Council adopted Resolution 2022-25 adopting the City's 2022/23 Salary schedule for all Regular and Part-Time Employees, City Council Members, and Seasonal/Temporary Employees of the City and added the classification of Maintenance Technician; Skilled Maintenance Worker; and Police Officer Trainee and deleting the classification of Maintenance II; Maintenance III; and Office/Police Records Assistant;
WHEREAS, pursuant to California Labor Code §515, subd. (a), exempt employees must meet certain job duty requirements and earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. With the increase in minimum wage to $15.50 per hour, the new minimum entry salary for exempt employees will be $64,480 annually, or $5,373 per month.
WHEREAS, pursuant to the above state law, adjustments to the City's salary schedule for exempt employee classifications of Deputy City Clerk/Personnel Officer and Financial Analyst positions require updating effective December 19, 2022 (beginning of the pay period that includes January 1, 2023), to remain in compliance.
WHEREAS, the effective date of the hourly rate increase for minimum wage earners to $15.50 should be updated to December 19, 2022 (beginning of the pay period that includes January 1, 2023).
WHEREAS, it was noted the bargaining unit referenced under column "BU" for the new Police Officer Trainee position should be revised from "Unrep" to "CLOCEA" upon adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER, does hereby resolve as follows:
SECTION 1. That the Citywide Salary and Pay Schedule contained in Exhibit "A", attached hereto and made a part hereof, is hereby amended to:
* Update the entry salary for exempt employee classifications of Deputy City Clerk/Personnel Officer and Financial Analyst from $64,468 (annual) to $64,480 (annual) effective December 19,2022,
*Update the effective date of the hourly rate increase for minimum wage earners to $15.50 to December 19, 2022,
*Revise the Police Officer Trainee bargaining unit from "Unrep" to "CLOCEA" effective upon adoption.
Resolution 2022-43
2022/2023 Salary Schedule Revision
SECTION 2. That the City Administrator is required to bring any additions to the position allocation or any changes in any position's salary ranges to be made during the fiscal year to the City Council for further approval;
SECTION 3. That the City Administrator is authorized to make changes to job descriptions, including without limitation title changes that do not affect the positional role in the position allocation or the positional salary range; to make changes to job responsibilities that do not affect the position allocation or require approval as part of the collective bargaining process, and to re-allocate funding sources among divisions for any positions; and
SECTION 4. That the City Administrator, or his or her designee, is authorized to recruit and fill in anticipation of known upcoming vacancies to minimize periods where there are key unfilled positions even though employee counts temporarily exceed the authorized position count for a particular position; provided, however, that there will be no adjustment to the total divisional appropriations and all such costs must be covered by savings in other line items so that the total division budget remains unchanged
Passed, approved, and adopted this 25t day of October 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor ATTEST:
Deputy City Clerk
Resolution 2022-43
2022/2023 Salary Schedule Revision
Attachment A
CITY OF EXETER FY2022-20203 SALARY SCHEDULE
Effective date: 12/19/2022
MISCELLANEIOUS CLASSIFICATIONS BUT STEP A STEP B STEP C STEP D STEP E PATTERN City Administrator Unrep 11,752 12,371 12,886 13,422 13,982 5,4,4,4 Finance Director Unrep 7,774 8,183 8,614 9,068 9,545 5* Public Works Director Unrep 7,223 7,603 8,004 8,425 8,868 5* Community Services Director Unrep 7,080 7,453 7,845 8,258 8,692 5* City Clerk/Human Resources Manager Unrep 6,512 6,854 7,214 7,595 7,994 5* Operations Manager Unrep 5,711 6,012 6,328 6,661 7,011 5* Deputy City Clerk/Personnel Officer Unrep 5,373 5,657 5,954 6,267 6,596 5* Financial Analyst Unrep 5,373 5,657 5,954 6,267 6,596 5* Chief Operator CLOCEA 4,829 5,083 5,351 5,632 5,928 5*
Operator II, Water/Wastewater CLOCEA 4,379 4,610 4,853 5,108 5,377 5* Operator I, Water/Wastewater CLOCEA 4,155 4,374 4,604 4,846 5,102 5* Crew Leader CLOCEA 3,958 4,166 4,385 4,617 4,859
Mechanic II CLOCEA 3,947 4,155 4,374 4,603 4,846 5*
Senior Clerk Dispatcher CLOCEA 3,810 4,011 4,222 4,443 4,678 5* Recreation Supervisor CLOCEA 3,810 4,011 4,222 4,443 4,678 5* Community Services Officer CLOCEA 3,810 4,011 4,222 4,443 4,678 5* Maintenance Technician CLOCEA 3,760 3,948 4,145 4,352 4,570 5* Skilled Maintenance Worker CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Accounting Assistant CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Administrative Assistant CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Recreation Coordinator CLOCEA 3,404 3,582 3,772 3,970 4,178 5* Records Clerk CLOCEA 3,357 3,533 3,719 3,916 4,122 5*
Animal Control/Code Enforcement CLOCEA 3.312 3,486 3,670 3,863 4,066 5* Maintenance l CLOCEA 3,239 3,410 3,588 3,778 3,977 5*
Office Assistant CLOCEA 2,941 3,095 3,258 3,429 3,610 5* Recreation Leader CLOCEA 2,941 3,095 3,258 3,429 3,610 5*
POLICE CLASSIFICATIONS BU STEP A STEP B STEP C STEP D STEP E PATTERN Chief of Police Unrep 9,475 9,948 10,347 10,761 11,190 5,4,4,4 Lieutenant Unrep 7,540 7,917 8,313 8,728 9,165 *5
Sergeant EPOA 5,950 6,248 6,560 6,888 7,233 1*5
Police Officer EPOA 4,661 4,895 5,140 5,397 5,667
Police Officer Trainee *CLOCEA 4428 | 4,650 4,883 5,123 5,384 E-Step Police Officer is the benchmark position upon which linked formulas are based. * Police Officer Trainee BU designation to CLOCEA is effective 10/25/2022 **All salaries shown are monthly amounts.
Resolution 2022-43
2022/2023 Salary Schedule Revision
Effective Effective Effective Effective
HOURLY EMPLOYEE SALARY SCHEDULE 1/1/2020 1/1/2021 1/1/2022 12/19/2022 Recreation Assistant 13.00 14.00 15.00 15.50
Recreation Leader N/A 18.00 18.00 18.00
Sport Official 13.00 14.00 15.00 15.50
Maintenance 13.00 14.00 15.00 15.50
Office/ Administrative I 13.00 14.00 15.00 15.50
Office/ Administrative I| 15.00 16.00 17.00 17.00
*Police Reserve 19.00 19.00 25.00 25.00
*Includes California Minimum Wage Increases pursuant to State Law
CITY COUNCIL MEMBERS
Exeter City Council Member
*$10.00 per meeting not to exceed four meetings in any calendar month pursuant to City of Exeter Municipal Code $2.04.030
10/25/2022: Council Adopted Salary Adjustment and a Classifications Change (Resolution 2022-43)
CLASSIFICATION CHANGE EFFECTIVE 10/25/2022:
Correcting the Police Officer Trainee (New as of 06/28/2022) bargaining unit designation from Unrepresented to CLOCEA.
SALARY ADJUSTMENTS EFFECTIVE 12/16/2022:
Updating the entry salary for exempt employee classification of Deputy City Clerk/Personnel Officer and Financial Analyst positions from $64,468 (annual) to $64,480 (annual) effective December 19, 2022 due to the minimum wage increase as of 01/01/2023 from $15.00 to $15.50. 6/28/202022: Council Affirmed Salary Increases and approved Personnel Allocation and Classifications Changes (Resolution 2022-25)
ALLOCATION CHANGES:
From 3 FTE Maintenance | to 3 FTE Maintenance | / Skilled Maintenance Worker (Flexible Allocation)
From 1 FTE Maintenance | to 1 FTE Crew Leader
From 2 FTE Maintenance | to 2 FTE Maintenance Technician From 8.0 FTE Police Officer to 8.0 FTE Police Officer/Police Officer Trainee (Flexible Allocation)
CLASSIFICATION CHANGES:
Adding new classifications: Maintenance Technician; Skilled Maintenance Worker; and Police Officer Trainee
Deleting the classifications of Maintenance lI; Maintenance Ill and Office/Police Records Assistant.
SALARY INCREASES:
Affirming salary increases 2% for all BU employees, unrep middle managers, Dept Heads, and City Administrator as of 07/04/2022
Approving salary increase to hourly minimum wage from $15.00/hr to $15.50/hr effective 01/01/2023
Correcting PD Lieutenant Classification Step error for B-E:
DESC B STEP C STEP D STEP
Was $ 7,917 $ 8,233 $ 8,564 $ 8,906
Corrected $ 7,917 $ 8,313 $ 8,728 $ 9,165
Inc from Corrections: 0.96%|| 1.92%| 2.91%
12/14/2021 Council Approved Personnel Allocation and Classification Changes (Resolutions 2021-32 & 2021-33)
Allocation Changes
*Admin-from 2.5 FTE to 3.0 FTE (Replacing 0.5 FTE OA with a Deputy City Clerk/PO) *Recreation-2.0 FTE to 1.0 FTE (Delete Rec Supervisor & Rec Leader and Add Rec Coordinator-New Classification)
*Finance-4.0 FTE to 5.0 FTE (Add OA)
*PD-18.5 FTE to 19.0 FTE (Replacing a 0.5 OA with a Records Clerk) Net FTE changes: from 38.00 to 39.00 (increase by 1.0 FTE) Classification Changes
Added Rec Coordinator classification with a salary range $3,337-$4,096 per month Set Rec Leader hourly at $18.00 per hour for 2021 and 2022 calendar years Retitled Clerk Dispatcher to Records Clerk
8/10/2021 Council Approved Salary Increase (Resolution 2021-16) Salary Increase: Police Reserve $25 per hour effective July 5, 2021.
Correcting salary schedule approved by Resolution 2021-14:
* Added omitted classification: Community Services Officer with 3% pay increase effective July 5, 2021;
*Corrected typographical error for job title Records Clerk/Office Assistant. 6/22/2021 Council Approved Salary Increases (Resolution 2021-14) Salary Increases: 3.0% for CLOCEA & EPOA members, Misc. Mid-Managers, Department Heads, and City Administrator effective July 5, 2021.
5/11/2021 Council Approved New Classification (Resolution 2021-10) New Classification: Community Services Officer.
Increase in pay for part-time employees effective January 1, 2022 (Police Reserve $19 to $25 per hour and California Minimum Wage Increases pursuant to State Law). 11/10/2020 Council Approved New Classification (Resolution 2020-43) New Classification: Records Clerk/Office Assistant.
7/14/2020 Council Approved Salary Increase & New Classification (Resolution 2020-34) Salary Increase: 5.41% for Chief of Police effective July 6, 2020.
New Classification: Crew Leader
6/25/2019 Council Approved Salary Increases, Reclassification & New Classification (Resolution 2019-18)
Salary Increase: 1% for CLOCEA & EPOA members, Misc. Mid-Managers, Department Heads and City Administrator effective July 1, 2019.
New Classification: Financial Analyst
Reclassification: City Clerk/Personnel Officer to City Clerk/Human Resources Manager; increase in salary range.
11/27/2018 Council Approved Salary Increases EPOA (Resolution 2018-34) Salary Increase: 1% for EPOA members effective November 12, 2018; 1.2% for EPOA members effective December 10, 2018.
8/14/2018 Council Approved Salary Increases CLOCEA (Resolution 2018-24) Salary Increase: 1% for CLOCEA members effective July 23, 2018. 7/10/2018 Council Approved Salary Increases Unrepresented Middle Managers, Department Heads and City Administrator (Resolution 2018-21) Salary Increase: 1% for unrepresented Middle Managers, Department Heads and City Administrator effective July 1, 2018.
City of Exeter
Agenda Item Transmittal
Date: October 25, 2022
For action by:
Agenda Item Number: E6 X City Council
_Planning Comm.
Wording for Agenda: Adopt Resolution 2022-44 affirming approval Regular Session:
of Conditional Use Permit 2022-04, to permit the operation of a X Consent Calendar martial arts studio located at 221 S. F Street, (APN: 135-122-016), a _Regular Item new business in the CS (Service Commercial) district. _Public Hearing Submitting Department: Planning Department Review:
Contact Name and Phone Number: Greg Collins, City Planner City Administrator Tristan Suire, City Planner (Initials Required)
Phone: 559-734-8737
Email: [email protected], [email protected]
Department Recommendation:
Staff recommends that the City Council adopt Resolution 2022-44 affirming approval of Conditional Use Permit No. 2022-04, to operate a martial arts facility within the Service Commercial District.
Summary:
The City has received a request to operate a martial arts studio located at 221 S. F Street. A recently approved text amendment added the use "martial arts studio" to the list of conditionally permitted uses in the CS (Service Commercial) district. The subject property contains an existing principal structure fronting onto S. F Street, a large unpaved yard with metal unenclosed cover structures, a latched gate in front of the S. F Street access, and a small accessory structure southeast of the principal structure. The site has access from S. F Street, as well as alley access from the back of the property. The current condition of the property is good, and the site appears well maintained.
On September 15, 2022, the Planning Commission conducted a duly noticed and regularly scheduled meeting where they considered and approved Conditional Use Permit No. 2022-04 Background and Discussion:
The applicants, Sarah Peltzer and Fabricio Machado, have applied for a Conditional Use Permit in order to allow the conditionally permitted use "Martial arts studio" within the Service Commercial district, at 221 S. F Street. The conditional use permit is required in addition to a business license to operate a martial arts studio within the Service Commercial district. The Service Commercial district has been amended to add the use "martial arts studio" to the list of conditionally permitted uses.
The subject property consists of a single parcel that currently contains two structures and was previously used for automobile and miscellaneous storage. A recent examination of the site indicates that the current condition of the property is improved greatly from its previous condition, with a fresh coat of paint, new gate replacing the chain link fence, and the visual nuisances removed. The maintenance and improved condition of the property demonstrates a good faith effort on the part of the property owner to make the space viable for commercial use.
The subject property is bounded by property zoned CS (Service Commercial) to the north, as well as on the other side of F street to the west. To the east is property zoned R-1-6 (Single Family Residential - 6,000 sq. ft.). Property to the south is zoned for CS (Service Commercial) use, however, is currently occupied by legal non-conforming residential dwellings.
The S. F Street public right-of-way, which the subject property fronts onto, contains existing curb, gutter, sidewalk, gravel parkway, and access onto the property. There are limited parallel parking spaces available for on-street parking along S. F Street. However, ample diagonal on- street parking is available along E. Maple Street, within a short walking distance. The alley behind the subject property is paved with well-maintained accesses on both sides, and provides an opportunity for alley loaded, on-site parking along the rear of the property.
Conclusion:
Staff recommends that the Exeter City Council adopt Resolution 2022-44 affirming approval of Conditional Use Permit 2022-04 subject to conditions of approval. This will allow the applicant to apply for a business license to operate a martial arts studio on the site.
Facts:
Applicant: Sarah Peltzer and Fabricio Machado
Location: Northeast side of S. F Street, southeast of E. Maple Street, 221 S. F Street, APN:
135-122-016
Request: The applicant is requesting a conditional use permit to operate a martial arts facility at the location of a reconditioned former storage site.
Design: The applicant is not proposing any development on the subject property, on-site alley-loaded parking has been proposed to the rear of the property, and all other existing structures will remain in their current location. Classes and performances will take place primarily within the principal structure, and the existing accessory structure will continue to be used for storage.
Historic Use: The subject property is currently developed; however, the property is not currently in use. Formerly, the site acted as storage for automobiles, furniture, appliances, and other unsightly stockpiles. It has since been restored to a usable condition.
Site: The conditional use permit would apply only to the subject property, APN: 135- 122-016, 221 S. F Street, and would run with the property.
See pictured from above:
SIST
W Pine St
F'St
SE
W/Maple St
Chestnu
SE St
SG St
See pictured from F Street facing northeast:
Zone: The current zoning is CS (Service Commercial), 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, not specified.
Gen. Plan: The subject site is designated "Central Commercial" by the Land Use Element.
Land Use: The site contains a principal structure, as well as at least two accessory structures, a storage shed and metal covering, the site is not currently in use.
Surrounding land uses are as follows:
North: RC vehicle hobby shop
South:
East: Single family residential,
Church
West: Tire repair/replacement
Infrastructure: The subject property is served by a 6" water line and 14" sewer line located in the alley to the northeast, and has curb, gutter, and sidewalk improvements along the public right-of-way in the front, with drop inlets at the corners of the block to an 18" storm drain pipeline underneath F Street.
Landscaping: Applicant has not proposed any new landscaping or irrigation for the proposed project, there is no existing landscaping on the subject property.
CEQA: The proposed project is categorically exempt under the California Environmental Quality Act Cal. Code of Regs. Tit. 14, Section 15061(b)(3).
Prior Council/Board Actions: N/A
Attachments: Planning Commission Resolution 2022-07
City Council Resolution 2022-44
Recommended motion to be made by the City Council: 1 move to adopt Resolution 2022-44 affirming approval of Conditional Use Permit 2022-04 as presented.
RESOLUTION 2022-07
A RESOLUTION BEFORE THE PLANNING COMMISSION OF THE CITY OF EXETER APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT 2022-04, A MARTIAL
ARTS STUDIO WITHIN THE C-S (SERVICE COMMERCIAL) DISTRICT, AT A PROPERTY LOCATED ON THE NORTHEAST SIDE OF F STREET, SOUTHEAST OF E. MAPLE STREET AT 221 SOUTH F STREET (APN: 135-122-016)
WHEREAS, the City of Exeter ("City") controls the discretionary review of all uses on the conditional use list of Exeter's zone districts through the Conditional Use Permit process pursuant to Chapter 17.49 of the Exeter Municipal Code; and
WHEREAS, decisions regarding Conditional Use Permits are based upon meeting the required municipal code standards, improvement standards, all testimony received during the public hearing, and the discretion of the Planning Commission; and
WHEREAS, Conditional Use Permit 2022-04 is a request submitted by Sarah Peltzer and Fabricio Machado, to operate and maintain a martial arts facility within the C-S (Service Commercial) district. The project site is located on the northeast side of F Street, southeast of E. Maple Street, 221 S. F Street., (APN: 135-122-016); and
WHEREAS, the proposed use is in accordance with the purpose and objectives of the Exeter Zoning Ordinance and the purpose of the Service Commercial district; and WHEREAS, the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience, or welfare, or be materially injurious to properties or improvements in the vicinity; and WHEREAS, the proposed site is adequate in size, shape, and location to accommodate the use in the Service Commercial district; and
WHEREAS, the subject site is zoned C-S, Service Commercial, the purpose of which is defined by Section 17.26.01 of the Exeter Municipal Code, "to provide for wholesale and heavy commercial uses and service establishments that are not suited for other commercial zones", the proposed use is consistent with the General Plan; and
WHEREAS, pursuant to Exeter Municipal Code Section 17.26.04 Conditional Uses, the proposed project is classified as "Martial arts studios", permitted with the approval of a Conditional Use Permit; and
WHEREAS, on September 15, 2022, the Planning Commission conducted a duly noticed and regularly scheduled meeting to consider Conditional Use Permit No. 2022-04; and WHEREAS, the project has been determined exempt from the requirements of the California Environmental Quality Act (CEQA) per categorical exemption Article 19 §15301, Class 1, "Existing Facilities"; and
WHEREAS, the project proposes the designation of new alley loaded parking improvements; and
PC Resolution 2022-07
WHEREAS, the applicants will be required to obtain a business license prior to operation of the proposed business; and
NOW, THEREFORE BE IT RESOLVED, that based upon the evidence in the Staff Report and the Exeter Municipal Code, the Planning Commission hereby finds the foregoing recitals and findings are true, and approves Conditional Use Permit No. 2022-04, subject to the following conditions:
Before installation or erection of any signage, the applicant must submit an application for sign permit(s) and be approved. All signs shall be compliant with the City of Exeter sign standards. 2) All lighting must be installed with canopies, hoods, or other devices designed to direct lighting down and away from the street, and compliant with all improvement standards of the City of Exeter.
3) Any graffiti shall be removed within 24 hours.
4) The subject site shall be well maintained by ensuring that the landscaping is effectively watered, mowed, pruned, fertilized, and weeded; that the signs are properly painted and displayed; and that any irrigation systems are regularly inspected to insure against leaks, overspray and water times that are not conservation effective.
5) All connections made to the existing electrical grid must be done via undergrounded connections, no hanging power lines, or above ground electrical connections are permitted. 6) All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.
The foregoing resolution was adopted upon a motion of Commission member Riddle_; seconded by Commission member Lovez at a regular meeting of the Exeter Planning Commission on September 15, 2022, by the following roll call vote:
AYES: Riddle; Lopez; and Stewart
NOES: no
ABSTAIN: na
ABSENT: Whitmike; and Bonner
Chairman
Secretary
RESOLUTION NO. 2022-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AFFIRMING PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT 2022-04
SUBJECT TO CONDITIONS OF APPROVAL
WHEREAS, the City of Exeter ("City") controls the discretionary review of all uses on the conditional use list of Exeter's zone districts though the Conditional Use Permit process pursuant to Chapter 17.49 of the Exeter Municipal Code; and
WHEREAS, the applicants, Sarah Peltzer and Fabricio Machado, are requesting Conditional Use Permit 2022-04 to operate a martial arts facility within the Service Commercial district, on property located at 221 S. F Street, on the northeast side of S. F Street, southeast of E. Maple Street; and WHEREAS, the proposed use is in accordance with the purpose and objectives of the Exeter Zoning Ordinance and the purpose of the Service Commercial district; and WHEREAS, the Assessor's Parcel Number (APN) for the subject property is 135-122-016; and WHEREAS, the proposed site is adequate in size, shape, and location to accommodate the use in the Service Commercial district; and
WHEREAS, the location of the proposed use and the conditions under which it would be operated and maintained will not be detrimental to the public interest, health, safety, convenience, or welfare, or be materially injurious to properties or improvements in the vicinity; and WHEREAS, the subject site is zoned C-S, Service Commercial, the purpose of which is defined by Section 17.26.01 of the Exeter Municipal Code, "to provide for wholesale and heavy commercial uses and service establishments that are not suited for other commercial zones", the proposed use is consistent with the General Plan; and
WHEREAS, pursuant to Exeter Municipal Code Section 17.26.04 Conditional Uses, the proposed project is classified as "Martial arts studios", permitted with the approval of a Conditional Use Permit; and WHEREAS, on September 15, 2022, the Planning Commission conducted a duly noticed and regularly scheduled meeting to consider Conditional Use Permit No. 2022-04; and WHEREAS, the project proposes the designation of new alley loaded parking improvements; and WHEREAS, the applicants will be required to obtain a business license prior to operation of the proposed business; and
WHEREAS, the project has been determined exempt from the requirements of the California Environmental Quality Act (CEQA) per categorical exemption Article 19 §15301, Class 1, "Existing Facilities"; and
NOW, THEREFORE LET IT BE RESOLVED that the City Council, after considering all of the evidence presented, determined the following findings:
1. The above recitations are true and correct and are incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council hereby affirms approval of Conditional Use Permit 2022-04, subject to the following conditions:
1. Before installation or erection of any signage, the applicant must submit an application for sign permits) and be approved. All signs shall be in compliance with the City of Exeter sign standards.
2. All lighting must be installed with canopies, hoods, or other devices designed to direct lighting down and away from the street, and in compliance with all improvement standards of the City of Exeter.
3. Any graffiti shall be removed within 24 hours.
4. The subject site shall be well maintained by ensuring that the landscaping is effectively watered, mowed, pruned, fertilized, and weeded; that the signs are properly painted and displayed; and that any irrigation systems are regularly inspected to insure against leaks, overspray, and watering times that are not conservation effective.
5. All new connections made to the existing electrical grid must be done via undergrounded connections, no hanging power lines, or above ground electrical connections are permitted.
6. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.
The foregoing resolution was adopted upon a motion of Council member , second by Council member at a regular meeting of the Exeter City Council on October 25, 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor ATTEST:
City Clerk
City of Exeter
Agenda Item Transmittal
Date: October 25, 2022
For action by:
Agenda Item Number: E7 X City Council
Planning Comm.
Wording for Agenda: Adopt Resolution 2022-45 affirming Regular Session:
Conditional Use Permit Amendment 2022-03, amending the existing X Consent Calendar use permit (CUP2018-02) for Bellcraft Brew Co., located at 130 N. E Regular Item Street (APN: 138-102-019), an existing business in the CC (Central Public Hearing Commercial) district.
Review:
Submitting Department: Planning Department City Administrator Contact Name and Phone Number: Greg Collins, City Planner (Initials Required) Tristan Suire, City Planner
Phone: 559-734-8737
Email: [email protected], [email protected]
Department Recommendation:
Staff recommends that the City Council adopt Resolution 2022-45 affirming Conditional Use Permit Amendment 2022-03, amending the existing Conditional Use Permit No. 2018-02, to allow expansion of the existing outdoor alcoholic beverage service area, and proposed fencing, subject to conditions of approval.
Summary:
The City has received a request for a Conditional Use Permit amendment and fence permit for the existing business, BellCraft Brew, Co., located on the west side of N. E Street, north of E.
Pine Street, at 130 N. E Street. Currently, the business is a brewery, which operates in accordance with Conditional Use Permit No. 2018-02. The conditional use permit amendment would allow the business to expand the footprint of the existing outdoor alcoholic beverage service area to include a roughly 800 square foot area located in the immediately adjacent lot, which is owned by the same owner. The applicant has also proposed fencing along the front of the property and gating the proposed outdoor service area. The subject property contains an existing principal structure fronting onto N. E Street, which currently serves as a taproom for the brewery. The adjacent property is a narrow, paved lot with no existing structures. The access to the site and the three parking stalls provided in front of the building will be maintained, no proposed fencing will impede access to the entrance to the business or parking stalls. The proposed fence facing N. E Street will have two gates, one four-foot-wide gate, and one twelve-foot-wide gate and the proposed fence along the alley to the rear of the property will have one sixteen-foot-wide gate, to ensure ample emergency access and egress. The site has access from N. E Street, as well as alley access from the back of the property. These gates will typically be closed, and customers will access the expanded outdoor area through a six-foot-wide gate in the existing outdoor service area. The current condition of the property is good, and the site appears well maintained.
On September 15, 2022, the Planning Commission conducted a duly noticed and regularly scheduled meeting and considered and approved Conditional Use Permit amendment 2022-03 Background and Discussion:
The applicants, Brent and Melissa Bell, have applied for a Conditional Use Permit Amendment in order to amend Conditional Use Permit 2018-02, to allow expanded operations at 221 S. F Street. The conditional use permit is required in addition to the business license to operate a brewery in the Central Commercial district, and the applicant has also applied for a fence permit with the Public Works Department. The approval of the conditional use permit amendment has been conditioned on adherence to all previous conditions of approval applied to the site.
The subject property consists of two parcels that currently contain one structure which is currently used as a brewery and taproom with outdoor patio, which displays a mural on the wall to the south; and an adjacent paved, vacant lot owned by the same owner, which displays a mural on the wall to the north. A recent examination of the site indicates that the current condition of the property is well-kept, with noncompliant fencing along the frontage with N. E St., opened to allow access to parking, and rear alley access closed off by proposed fencing. The applicant has requested the conditional use permit amendment to bring the fencing into compliance.
The subject property is bounded by property zoned CC (Central Commercial) to the north, south, east, and west. The General Plan designates the surrounding properties as Central Commercial to the north, south, and east, and Public Facilities to the west.
The N. E Street public right-of-way, which the subject property fronts onto, contains existing curb, gutter, sidewalk, street trees and lights, benches, and access onto the property. There are three existing parking stalls on site in front of the building, and ample diagonal on-street public parking provided off-site along N. E Street, within a short walking distance. The alley behind the subject property is paved with well-maintained accesses on both ends, and three alley loaded parking stalls are provided perpendicular with the alley, which have recently been made accessible by a change in the fence line.
Conclusion:
Staff recommends that the City Council adopt Resolution 2022-XX affirming approval of Conditional Use Permit Amendment 2022-03, amendment to Conditional Use Permit No. 2018- 02, to allow expansion of the existing outdoor alcoholic beverage service area, and proposed fencing, subject to conditions of approval. This will allow the applicant to bring the existing fencing into compliance.
Facts:
Applicant: Brent and Melissa Bell
Location: Southwest side of N. E Street, northeast of E. Pine Street, 130 N. E Street, APN:
138-102-019
Request: The applicant is requesting a conditional use permit amendment to allow xpansion of the existing outdoor alcoholic beverage service area, and proposes fencing to complement the existing brewery, tasting room, and outdoor alcoholi beverage service area.
Design: The applicant has proposed fencing improvements on the subject property, all existing structures will remain in their current location. The proposed fencing along the front property line will not preclude access to parking, and all proposed fences include gates to allow ample ingress/egress.
Historic Use: The subject property is currently developed and has operated as a brewery and taproom since 2019.
Site: The conditional use permit would apply to only to the subject property, APN: 138- 102-019, 130 N. E Street, and would run with the property.
See pictured from above:
NF St
Palm
Palm St
SFSI
See pictured from E Street facing southwest:
BREWERY
Zone: The current zoning is CC (Central Commercial), development standards for this district are as follows:
Setbacks:
Front Yard: 0 feet
Side Yard: 0 feet
Rear Yard: 0 feet
Parking: based on land use, one stall per three seats.
Gen. Plan: The subject site is designated "Central Commercial" by the Land Use Element.
Land Use: The site contains a principal structure, as well as fencing surrounding the subject property and outdoor service areas. Surrounding land uses are as follows:
North: Rockyard Tavern
South: Family Treasures Home Décor
East: Exeter Coffee Co.
West: Exeter City Hall
Infrastructure: The subject property is served by a 6" water line and 6" sewer line located in the alley to the southwest, and has curb, gutter, and sidewalk improvements along the public right-of-way in the front, with drop inlets at the corners of the block to an unknown diameter storm drain pipeline underneath Palm and Pine Streets.
Landscaping: Applicant has not proposed any new landscaping or irrigation for the proposed project, there is no existing landscaping on the subject property.
CEQA: The proposed project is categorically exempt under the California Environmental Quality Act Cal. Code of Regs. Tit. 14, Section 15301 (Class 1, Existing Facilities)
Prior Council/Board Actions: N/A
Attachments: Planning Commission Resolution 2022-08
City Council Resolution 2022-45
Recommended motion to be made by the City Council: I move to adopt Resolution 2022-45 affirming approval of Conditional Use Permit Amendment 2022-03 as presented RESOLUTION NO. 2022-08
A RESOLUTION BEFORE THE PLANNING COMMISSION, CITY OF EXETER, APPROVING CONDITIONAL USE PERMIT 2022-03 AMENDING CONDITIONAL USE PERMIT 2018-02,
TO EXPAND OUTDOOR OPERATIONS WITHIN THE C-C (CENTRAL COMMERCIAL) DISTRICT, AT A PROPERTY LOCATED ON THE WEST SIDE OF N. E STREET, NORTH OF E. PINE STREET (APN: 138-102-019)
WHEREAS, the City of Exeter ("City") controls the discretionary review of all uses on the conditional use list of Exeter's zone districts through the Conditional Use Permit process pursuant to Chapter 17.49 of the Exeter Municipal Code; and
WHEREAS, decisions regarding Conditional Use Permits are based upon meeting the required municipal code standards, improvement standards, all testimony received during the public hearing, and the discretion of the Planning Commission; and
WHEREAS, The amendment to Conditional Use Permit 2018-02 is a request submitted by Brent and Melissa Bell, to amend the existing conditional use permit to allow expansion of the existing outdoor alcoholic beverage area within the C-C (Central Commercial) district. The project site is located on the west side of N. E Street, north of E. Pine Street at 130 N. E Street., (APN: 138-102-019); and WHEREAS, the proposed use is in accordance with the purpose and objectives of the Exeter Zoning Ordinance and the purpose of the Central Commercial district; and WHEREAS, the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience, or welfare, or be materially injurious to properties or improvements in the vicinity; and WHEREAS, the proposed site is adequate in size, shape, and location to accommodate the use in the Central Commercial district; and
WHEREAS, the subject site is zoned C-C, Central Commercial, the purpose of which is defined by Section 17.24.01 of the Exeter Municipal Code, "to serve as the central district of Exeter", the proposed use is consistent with the General Plan; and
WHEREAS, pursuant to Exeter Municipal Code Section 17.24.03 Conditional Uses, the proposed project is classified as "Brewery", permitted with the approval of a Conditional Use Permit; and WHEREAS, on September 15, 2022, the Planning Commission conducted a duly noticed and regularly scheduled meeting to consider the amendment to Conditional Use Permit No. 2018-02; and WHEREAS, the project has been determined exempt from the requirements of the California Environmental Quality Act (CEQA) per categorical exemption Article 19 §15301, Class 1, "Existing Facilities"; and
WHEREAS, the project proposes the installation of new fencing with gates to partition the expanded area proposed for outdoor alcoholic beverage consumption.
PC Resolution 2022-08
NOW, THEREFORE BE IT RESOLVED, that based upon the evidence in the Staff Report and the Exeter Municipal Code, the Planning Commission hereby finds the foregoing recitals and findings are true, and approves the amendment to Conditional Use Permit No. 2018-02, subject to the following conditions:
1) Before installation or erection of any signage, the applicant must submit an application for sign permits) and be approved. All signs shall be compliant with the City of Exeter sign standards. 2) All lighting must be installed with canopies, hoods, or other devices designed to direct lighting down and away from the street, and compliant with all improvement standards of the City of Exeter.
3) Any graffiti shall be removed within 24 hours.
4) The subject site shall be well maintained by ensuring that the landscaping is effectively watered, mowed, pruned, fertilized, and weeded; that the signs are properly painted and displayed; and that any irrigation systems are regularly inspected to insure against leaks, overspray and water times that are not conservation effective.
5) All gated exits must remain unlocked for egress during hours of operation. 6) No existing and proposed gates or fencing shall be permitted along the access with N. E Street. 7) All existing and proposed fencing shall be so arranged as not to impede or otherwise block access to on-site parking.
8) All existing and proposed fencing shall be of a transparent quality, meaning at least 50% see- through, and no taller than six (6) feet in height, so as not to obstruct views of murals located on the walls adjacent to the subject property.
9) All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.
The foregoing resolution was adopted upon a motion of Commission member Riddle; seconded by Commission member LOver at a regular meeting of the Exeter Planning Commission on September 15, 2022, by the following roll call vote:
AYES: Riddle; Lopez; and Stewart
NOES: na
ABSTAIN: VA
ABSENT: WhitmiRe, and Bonner
del Sire
Chairmat
CulanyRello
Secretary
RESOLUTION NO. 2022-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AFFIRMING PLANNING COMMISSION APPROVAL OF AN CONDITIONAL USE PERMIT AMENDMENT 2022-03, AMENDING THE EXISTING USE PERMIT 2018-02 SUBJECT TO CONDITIONS OF APPROVAL WHEREAS, the City of Exeter ("City") controls the discretionary review of all uses on the conditional use list of Exeter's zone districts though the Conditional Use Permit process pursuant to Chapter 17.49 of the Exeter Municipal Code; and
WHEREAS, the applicants, Brent and Melissa Bell, are requesting Conditional Use Permit amendment 2022- 03 to amend Conditional Use Permit 2018-02 to allow expansion of the existing outdoor alcoholic beverage area within the C-C (Central Commercial) district, on property located at 130 N. E Street, on the west side of N. E Street, north of E. Pine Street; and
WHEREAS, the proposed use is in accordance with the purpose and objectives of the Exeter Zoning Ordinance and the purpose of the Central Commercial district; and WHEREAS, the Assessor's Parcel Number (APN) for the subject property is 138-102-019; and WHEREAS, the proposed site is adequate in size, shape, and location to accommodate the use in the Central Commercial district; and
WHEREAS, the location of the proposed use and the conditions under which it would be operated and maintained will not be detrimental to the public interest, health, safety, convenience, or welfare, or be materially injurious to properties or improvements in the vicinity; and WHEREAS, the subject site is zoned C-C, Central Commercial, the purpose of which is defined by Section
17.24.01 of the Exeter Municipal Code, "to serve as the central district of Exeter", the proposed use is consistent with the General Plan; and
WHEREAS, pursuant to Exeter Municipal Code Section 17.24.03 Conditional Uses, the proposed project is classified as "Brewery", permitted with the approval of a Conditional Use Permit; and WHEREAS, on September 15, 2022, the Planning Commission conducted a duly noticed and regularly scheduled meeting to consider Conditional Use Permit amendment 2022-03; and WHEREAS, the project proposes installation of new fencing with gates to partition the expanded area proposed for outdoor alcoholic beverage consumption; and WHEREAS, the project has been determined exempt from the requirements of the California Environmental Quality Act (CEQA) per categorical exemption Article 19 §15301, Class 1, "Existing Facilities"; and NOW, THEREFORE LET IT BE RESOLVED that the City Council, after considering all of the evidence presented, determined the following findings:
1. The above recitations are true and correct and are incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council hereby affirms approval of Conditional Use Permit amendment 2022-04, subject to the following conditions:
1. Before installation or erection of any signage, the applicant must submit an application for sign permit(s) and be approved. All signs shall be compliance with the City of Exeter sign standards.
2. All lighting must be installed with canopies, hoods, or other devices designed to direct lighting down and away from the street, and in compliance with all improvement standards of the City of Exeter.
3. Any graffiti shall be removed within 24 hours.
4. The subject site shall be well maintained by ensuring that the landscaping is effectively watered, mowed, pruned, fertilized, and weeded; that the signs are properly painted and displayed; and that any irrigation systems are regularly inspected to insure against leaks, overspray, and watering times that are not conservation effective.
5. All gated exits must remain unlocked for egress during hours of operation.
6. No existing and proposed gates or fencing shall be permitted along the access with N. E Street.
7. All existing and proposed fencing shall be so arranged as not to impede or otherwise block access to on-site parking.
8. All existing and proposed fencing shall be of a transparent quality, meaning at least 50% see-through, and no taller than six (6) feet in height, so as not to obstruct views of murals located on the walls adjacent to the subject property.
9. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.
The foregoing resolution was adopted upon a motion of Council member , second by Council member at a regular meeting of the Exeter City Council on October 25, 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor ATTEST:
City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: October 25, 2022
For action by:
Agenda Item Number: F1 _X City Council
Wording for Agenda: Discussion regarding Dobson Field Turf Regular Session:
Conditions.
Consent Calendar
X Regular Item
Submitting Department: Public Works Public Hearing
Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318 Review:
Email: [email protected]
City Administrator
Department Recommendation: (Initials Required)
Staff recommends that the Council discuss and give staff direction regarding the turf conditions at Dobson Field.
Summary/Background:
At the October 11, 2022 City Council meeting the Council received several public comments regarding poor turf conditions at Dobson Field. During the City Council Items of Interest, Councilmember Garver requested that a discussion item be brought back to Council regarding the turf conditions at Dobson Field. After this request was made staff began gathering information for this discussion.
A site visit and operation of the current irrigation system at Dobson Field revealed that several irrigation stations and individual sprinklers are not operating correctly. It appears that in the past some controller wiring has been damaged and wiring "work arounds" have been done. Some of this re-wiring seems to have resulted in too many sprinklers running at a time on some stations resulting in lower water pressure to each sprinkler. Approximately 40 percent of the sprinklers appear to be too low to rise enough to effectively operate and other sprinkles had no fan patterns with only a stream of water being sprayed to a limited portion of the area to be watered.
It is also unknown how many sprinkler heads may be buried. There also appeared to be some wet areas that could be indicating potential pipe leaks needing repairs. Water pressure supply to the system was good at about 50 psi with the elevated water tank at 95 percent full. The booster pump was operated but didn't seem to improve the water pressure in the system, which could have been due to the fact the water pressure was already at an acceptable level. It is unknown how much effect there is on the water pressure when the elevated tank level is low on high water demand days.
This current irrigation system condition appears to be the result of many years of deterioration and vandalism, along with insufficient funding to make corrections. Over the decades many users have made adjustments and patches to the system to keep it operating and probably adjusting it for varying uses, which has resulted in a "patched up" system that is in need of improvements.
The Council has identified and discussed the need for a Park Master Plan that could guide future major additions, adjustments and improvements to maximize the use of the parks and minimize the funding needed. Staff is currently working to identify potential funding sources to cover the costs of developing a Park Master Plan, which will take some time to complete. In the meantime, to improve the condition of the turf at Dobson Field and facilitate the current uses, staff recommends developing a project to get some much-needed improvements completed to the exiting irrigation system. These improvements could include 1) installing all new sprinkler wiring and putting the stations in a logical sequence, 2) raising all sprinklers to a proper level to clear the grass, 3) installing new spray nozzles and setting fan patterns, 4) repairing all broken sprinkler lines, 5) replacing all sprinklers that don't operate properly and 6) evaluating the booster pump for proper operation.
Staff could work with the City's current landscape maintenance contractor to further develop the scope of work and costs. With this information staff could determine potential funding for the work, which could include funding from Measure P or American Rescue Plan Act (ARPA) monies and return to Council for review and potential approval of the project.
Fiscal Impact: Unknown at this time.
Prior Council/Board Actions: None
Attachments: None
Recommended motion to be made by Council/Board: 1 move to give staff direction per the Council discussion regarding the turf conditions at Dobson Field.