H1
EXETER CITY COUNCIL ACTION MINUTES
DECEMBER 13, 2022
4 regular session of the City Council, City of Exeter was held on Tuesday, December 13, 2022, at 7:00 p.m., ir 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, Daymon Qualls, Shonna Oneal, Hilary Robello, Rainbow Moore, and John Hall
A. CALL TO ORDER REGULAR SESSION
Mayor Sally called the regular session to order at 7:00 p.m.
B. PLEDGE OF ALLEGIANCE AND INVOXATION
The Pledge of Allegiance was given by Council Member Hails and an invocation was given by Pastor Brandon Zoll.
C. SPECIAL PRESENTATIONS (if any): None
D. PUBLIC COMMENTS:
Kevin Phelps with the Exeter Police Department addressed the Council to read a letter from the Exeter Police Officers Association to express their concerns.
Pamela Whitmire addressed the Council to invite the Council and the community to a TCAG workshop that will be held in Exeter on January 4, 2023.
Dennis Smith addressed the Council to provide handouts of the Constitution of the United States for all Council Members.
Mike Shearer addressed the Council regarding grants for a fire truck purchase.
E. ACTIONS RELATED TO NOVEMBER 8, 2022, GENERAL ELECTION AND ADMINISTER OATH OF OFFICE TO ELECTED COUNCIL MEMBERS:
1. Presentation of service award for exiting Council Member Garver and Council Member Hails.
Mayor Sally presented Council Member Hails and Council Member Garver with service awards for their dedicated service to the City.
2. Adopt Resolution 2022-47 of the City Council of the City of Exeter Accepting the Official Canvass of the November 8, 2022, Election Conducted as a Consolidated General Elections. - City Administrator Adam Ennis provided a report for Council's review and consideration. It was moved by Mayor Pro Tem Alves, seconded by Council Member Mills, and unanimously carried to adopt Resolution 2022-47 as presented
3. Administer Oath of Office to elected and appointed in lieu of elected Council Members - City Clerk Shonna Oneal administered the Oath of Office to Frankie Alves, District C; Jacob Johnson, District A; and Vicki Riddle, District D
4. Comments by elected Council Members - Council Members made brief comments following the administering of the Oath of Office.
5. Cry Coug - yer and Mayor Pro Ten Soresily Cly direr, da Alves for Mayor. With no further nominations, it was moved by Mayor Sally, seconded by Council Member Riddle and unanimously carried to appoint Mayor Pro Tem Alves as Mayor. Mayor Alves nominated Council Member Mills as Mayor Pro Tem. With no further nominations, it was moved by Mayor Alves, seconded by Council Member Sally and unanimously carried to appoint Council Member Mills to Mayor Pro Tem.
6. Following discussion, it was moved by Council Member Sally, seconded by Council Member Riddle and unanimously carried to update the City Council Representation to various Committees, Commissions, and Boards as follows with the exception of the Tulare County Regional Transit Agency Board:
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 2, DECEMBER 13, 2022
Board/Committee Representative
Council of Cities Primary: Mayor Alves
Alternate: Mayor Pro Tem Mills
Staff Rep: City Administrator Adam Ennis
Chamber of Commerce Liaison Representative: Council Member Riddle Alternate: City Administrator Adam Ennis
San Joaquin Valley Air Pollution Control District Primary: Mayor Pro Tem Mills Special Selection Committee Alternate: PW Director Daymon Qualls Tulare County Economic Development Corporation Primary: Council Member Sally - Board of Directors Alternate: City Administrator Adam Ennis Tulare County Association of Governments Board & Primary: Council Member Riddle Tulare County Transportation Agency Alternate: Mayor Pro Tem Mills Tulare County Regional Transit Agency Board Primary:
Alternate:
Greater Kaweah Sustainable Groundwater Agency- Primary: Council Member Sally Rural Communities Committee Alternate: City Administrator Adam Ennis Tooleville Ad Hoc Subcommittee Primary: Mayor Alves
Primary: Mayor Pro Tem Mills
F. CONSENT CALENDAR:
It was moved by Mayor Pro Tem Mills, seconded by Council Member Johnson, and carried unanimously that the items on the Consent Calendar be approved as presented.
1. Approve regular and special minutes of November 8, 2022, and November 30, 2022
2. Payment of Bills
3. Payroll: November 11, 2022, and November 25, 2022
4. Adopt Resolution 2022-48 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through January 12, 2023, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.
5. Award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc., of Madera, CA in an amount of $68,221 for construction of the 2023 Crack Sealing Project.
6. Request that Council award the purchase of two police vehicles in the amount of $112, 864.12 and authorize the City Administrator to execute an agreement with Monarch Ford, piggybacking the Department of General Services California Multiple Award Schedules competitively bid agreements.
7. Approve and authorize the Mayor and City Administrator to execute a 54 Addendum to Police Chief John Hall's employment contract extending the term of agreement by up to sixty (60) days from January 9, 2023, through March 10, 2023, or until a new agreement is entered into by the parties, whichever occurs first.
G. INDIVIDUAL BUSINESS ITEMS
1. Public Hearing to receive the City's annual public accounting for development impact fees for Fiscal Year 2021-2022 pursuant to State Law, Government Code Section 66006. - Finance Director, Rainbow Moore provided a report for Council's review and consideration. Mayor Alves opened the public hearing at 7:57 p.m., Dennis Smith addressed the Council to ask questions regarding enterprise funds. Christopher Wilson addressed the Council to ask questions regarding funds. Receiving no further public comments, Mayor Alves closed the public hearing at 8:03 p.m. Council posed questions and Ms. Moore, City Administrator Adam Ennis, and City Attorney Julia Lew provided responses thereto. Following a brief discussion, it was moved by Council Member Riddle, seconded by Council Member Sally, and carried unanimously to receive and accept the 2021-2022 Impact Fee Report as required by Government Code Section 66006.
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 3, DECEMBER 13, 2022
H. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest.
I. CITY ADMINISTRATION/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City.
J. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):
Mayor Alves adjourned to closed session at 8:14 p.m.
1. 54957.6 - Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Groups: Exeter Police Officer Association and Unrepresented Police Chief and Police Lieutenants K. RECONVENE CLOSED SESSION AND CLOSED SESSION REPORT
Mayor Alves reconvened from Closed Session at 9:55 p.m. City Attorney Julia Lew advised there were no reportable actions.
L. ADJOURN REGULAR MEETING
Mayor Alves adjourned the regular meeting at 9:56 p.m.
Hilary Robello, Deputy City Clerk
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AVENU FINANCIAL SYSTEM CITY OF EXETER
12/12/2022 11:05:27 Payments for Publication GL335R-V08.17| PAGE Approved on 12/01/2022 for Payments Through 12/01/2022
Vendor Name Description Amount
POTTY RENTAL
COA X CABLE
AT&T MOBILITY 10/03-11/02/2022
BARTON LESLEE BENNETT UB REFUND
NOV COBRA FEE
BLUE SHIELD OF CALIFORNIA 12/01-12/31/2022
BASKET BALL PURCHAS 229.48
DEC 2022 LT DISA
11/6-12/05/22
PATROL/ SRO BREACHING CL 65.00
9/18-10/18/22 ASSE
COLANTUONO, HIGHSMITH & OCT UUT COLLECTION 181.08
1 SOFT K COPPER TUBE 60'
CORELOGIC SOLUTIONS, LLC SERVICE CHARGE 97.79
MEALS REIMB
EMD NETWORKING SERVICES, INC. INSTALL FIRE WALL
EWING IRRIGATION PRODUCTS INC 1419 CARSON GREEN LID ON 139.59
FILTER ASY-O
FRESNO CITY COLLEGE BACKGORUND INVESTIGATION
CYLINDER MIANT
FRONTIER CALIFORNIA INC. 5139-11/04-12/03/22
GALANTE BROS. ENTERPRISES, INC EMERGENCY ASPHAL
WEBSITE MAINT
FORCE SCIENCE/ 5 DAYS
HERR PEDERSEN & BERGLUND, LLP JUNE PERSONAL MATTERS
HYDRAULIC CONTROLS, INC. SEALS & KITS 349.72
INGLEHART /BRETT POST MAN COURSE CLASS
INTERSTATE BATTERIES, DBA C65 - XHD
MEAL REIMB
KENT M. KAWAGOE, PH.D. PRE-EMPLOY PSYCHOLOGICAL
PRE-EMPLOYMENT (MOLINA)
REMOVED MULBERRY TREE AN
MAC GENERAL ENGINEERING, RFB FY22
MCCORMICK KABOT JENNER & LEW OCT GEN GOV
MID VALLEY DISPOSAL, LIC SEPT 2022 MID VALLEY
UB REFUND
NOV PD OFFICE CLEANING
SQUARE POINT CLOSED
RBF 22002 CAOE SEAL/MICR
PHELPS/ KEVIN PER DEIM: PHELPS
PRUDENTIAL OVERALL SUPPLY 10/20/22 UNIFORM 218.90
220130- SANITARY SEWER C
SOUTHERN CALIFORNIA EDISON 825-10/14-11/14/22
SOUTHERN CALIFORNIA GAS CO. 7144-8/1-9/1/22 668.85
STANDARD INSURANCE CO. NOV 2022 LIFE INSURANCE
1/4'" CLEAR GLASS REPAIR
TOWN & COUNTRY CAR WASH OCT CAR WASH
10/22 MAIL
AVENU FINANCIAL SYSTEM CITY OF EXETER
12/12/2022 11: 05:27 Payments for Publication GL335R-V08.17 PAGE Approved on 12/01/2022 for Payments Through 12/01/2022
Vendor Name Description Amount
12.5 g
VALLEY UNIFORM CENTER ACADEMY GEAR (MORENO)
VERIZON WIRELESS PW - 08/29-09/28/22 456.12
VOLLMER EXCAVATION, I.P. TRANSFER LOAD 2,471.27
** Final Totals... 341,451.78
AVENU FINANCIAL SYSTEM CITY OF EXETER
01/05/2023 10:04:55 Payments for Pub (Vendor/Fund) GL050S-V08.17 COVERPAGE GL541R
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AVENU FINANCIAL SYSTEM CITY OF EXETER
01/05/2023 10:04:55 Payments for Pub (Vendor/Fund) GL54OR-V08.17 PAGE
VENDOR FUND ACCOUNT DESC AMOUNT
AFLAC 104 SELF FUNDED DENTAL/OPTICAL 2,960.92
ALPHA CHARLIE EXTERMINAT 104 MAINT OF BLDGS, STRUCT & GRN 660.00 AT&T 104 TELEPHONE 397.07
BREACHING TECHNOLOGIES I 141 SPECIAL DEPARTMENT EXPENSE 6,770.45 CENTRAL CAL WATERWORKS, 105 CONTRACTUAL SERVICES 8,542.25 107 CONTRACTUAL SERVICES 8,542.25
CHARTER COMMUNICATIONS 104 CONTRACTUAL SERVICES 88.63
CIELO HERNANDEZ 104 SPECIAL DEPARTMENT EXPENSE 53.00
CITY OF VISALIA 104 ANIMAL CONTROL 18, 950.01
COLLINS & SCHOETTLER 104 PLANNING SERVICES 3,547.50
CRAIGS AUTO PARTS 104 FIRE 987.11
105 MAINT & OPERATION OF VEHICLE 68.06
107 MAINT & OPERATION OF VEHICLE 53.12
CULLIGAN 104 CONTRACTUAL SERVICES 233.47
105 OFFICE EXPENSE 54.15
106 SPECIAL DEPARTMENT EXPENSE 23.01
107 MAIN PLANT 54.18
DELTA LIQUID ENERGY 104 MAINT & OPERATION OF VEHICLE 8.53 105 MAINT & OPERATION OF VEHICLE 85.18
107 MAINT & OPERATION OF VEHICLE 76.66
DEPT OF JUSTICE 104 CONTRACTUAL SERVICES 188.00
DIESEL PUMP & INJECTOR 104 MAINT & OPERATION OF VEHICLE 1,663.76 ELITE CORPORATE MEDICAL 104 PERSONNEL EXPENSE 394.00
121 HEALTH INS &10000 LIFE 1,418.50
EMD NETWORKING SERVICES, 104 CONTRACTUAL SERVICES 88.19
AVENU FINANCIAL SYSTEM CITY OF EXETER
01/05/2023 10:04:55 Payments for Pub (Vendor/Fund) GL54OR-V08.17 PAGE
VENDOR FUND ACCOUNT DESC AMOUNT
EMD NETWORKING SERVICES, 105 CONTRACTUAL SERVICES 88.17 106 MAINTENANCE CONTRACTS 88.17
107 CONTRACTUAL SERVICES 88.17
EMPLOYER DRIVEN SOLUTION 121 HEALTH INS $10000 LIFE 11,597.12 EXETER IRRIGATION & SUPP 105 WATER WELLS 146.59
EXETER MERCANTILE CO. 104 MAINT OF BLDGS, STRUCT & GRN 224.33 105 SUPPLIES - EN WELL TO HOME 147.09
FASTENAL COMPANY 104 MAINT OF BLDGS, STRUCT & GRND 54.82 105 MAINT BLDGS, STRUCT & GRNDS 27.40
107 MAINT BLDGS, STRUCT & GRNDS 27.40
FERGUSON ENTERPRISES INC 104 MAINT OF BLDGS, STRUCT & GRN 106.67 FRESNO OXYGEN 104 MAINT OF BLDGS, STRUCT & GRND 42.70
105 MAINT BLDGS, STRUCT & GRNDS 42.69
107 MAINT BLDGS, STRUCT & GRNDS 42.68
GAVIN TOLBERT'S TREE SER 104 MAINT OF BLDGS, STRUCT & GRN 800.00 HAAKER EQUIP CO 107 MAINT & OPERATION OF VEHICLE 99.44
JACK GRIGGS INC 104 MAINT & OPERATION OF VEHICLE 6,451.26 105 MAINT & OPERATION OF VEHICLE 1,022.39
107 MAINT & OPERATION OF VEHICLE 613.78
JORGENSEN COMPANY 104 MAINT OF BLDGS STRUCT & GRND 489.37 LEHR 104 MAINT & OPERATION OF VEHICLE 1,893.36
M&J TREE SERVICE 104 MAINT OF BLDGS, STRUCT & GRN 1,500.00 MEDALLION SUPPLY 105 WATER WELLS 43.99
MERRI LARSON 104 OFFICE EXPENSE 101.95
PENA'S DISPOSAL INC 104 CONTRACTUAL SERVICES 167.12
AVENU FINANCIAL SYSTEM CITY OF EXETER
01/05/2023 10:04:55 Payments for Pub (Vendor/Fund) GL54 OR-V08.17 PAGE
VENDOR FUND ACCOUNT DESC AMOUNT
QUAD KNOPF ENGINEERING 104 ENGINEERING FEES 1,598.60
105 PROFESSIONAL SERVICES 796.70
107 PROFESSIONAL & SPECIALIZED 10,830.10
120 STORM DRAIN MASTER PLAN 724.00
RCN TECHNOLOGIES-C/O U.S 104 MAINT & OPERATION OF VEHICLE 2,098.00 SELECT AUTO REPAIR & SMO 104 MAINT & OPERATION OF VEHICLE 368.78 105 MAINT & OPERATION OF VEHICLE 32.61
107 MAINT & OPERATION OF VEHICLE 6.11
SELF-HELP ENTERPRISES 116 SPECIAL DEPARTMENTAL COSTS 1,255.50 129 CDBG CV BA DIRECT ASST 36,841.45
SEQUOIA APPAREL, INC 104 OFFICE EXPENSE 110.00
SETCAN CORPORATION 141 SPECIAL DEPARTMENT EXPENSE 4,499.00 SIMMONS TIRE SERVICE 104 MAINT & OPERATION OF VEHICLE 194.51 105 SUPPLIES - FN WELL TO HOME 654.59
SOUTHERN CALIFORNIA EDIS 104 UTILITIES 92.61
105 UTILITIES 10,702.39
107 UTILITIES 29.78
109 STREET LIGHTING 13.57
140 LANDSCAPE & LIGHTING 110.52
SWRCB 105 SUPPLIES - FN WELL TO HOME 3,453.00
107 MAIN PLANT 41, 063.00
T-MOBILE 104 CONTRACTUAL SERVICES 183.31
TRANSUNION RISK & ALTERN 104 CONTRACTUAL SERVICES 75.00 TULARE COUNTY INFO TECHN 104 RADIO EXPENSE 170.00
TULARE COUNTY JAIL 104 SPECIAL DEPT EXPENSE 1,436.34
AVENU FINANCIAL SYSTEM CITY OF EXETER
01/05/2023 10:04:55 Payments for Pub (Vendor/Fund) GL54 OR-V08.17 PAGE
VENDOR FUND ACCOUNT DESC AMOUNT
TULARE COUNTY JAIL 105 UNIFORMS 100.42
107 UNIFORMS 100.43
TULARE COUNTY SHERIFF'S 104 CONTRACTUAL SERVICES 121,165.00 ULINE ATTN: ACCOUNTS RECE 104 MAINT OF BLDGS, STRUCT & GRND 207.81 105 MAINT BLDGS, STRUCT & GRNDS 103.89
107 MAINT BLDGS, STRUCT & GRNDS 103.89
UNIVAR USA INC 105 SUPPLIES - EN WELL TO HOME 1,214.44
US BANK N.A. 104 SPECIAL DEPARTMENT EXPENSE 38.25
WIRELESS INTERNET SERVIC 105 CONTRACTUAL SERVICES 100.00 107 CONTRACTUAL SERVICES 100.00
AVENU FINANCIAL SYSTEM CITY OF EXETER
01/05/2023 10:04:55 Payments for Pub (Vendor/Fund) GL540R-V08.17 PAGE
VENDOR FUND ACCOUNT DESC AMOUNT
REPORT TOTALS: 322,388.26
RECORDS PRINTED - 000169
AVENU FINANCIAL SYSTEM CITY OF EXETER
1/05/2023 10:27:35 Payments for Publication GL335R-V08.17 PAGE Approved on 12/29/2022 for Payments Through 12/29/2022
Vendor Name Description Amount
PPOTTY RNTL-12/17/22
BAS VALICO IRVICES
BASIC
BLUE SHIELD OF CALIFORNIA 34,030.45
CITY OF EXETER 10/18-11/18/22 ASSE 2,162.17
COLLEGE OF THE SEQUOIAS
CSJVRMA 22/23 3RD QTR WORKERS CO 97,321.00
EMD NETWORKING SERVICES, INC. PERSNI PRINTER FOR RAINB 609.20
EXETER IRRIGATION & SUPPLY
EXETER MOTORS, INC. 525.07
FASTENAL COMPANY
FERGUSON ENTERPRISES INC
FRESNO OXYGEN STD LRG FOWS CYLS 116.88
FUSION CLOUD SERVICES LLC
HERR PEDERSEN & BERGLUND, LUP NOV RECREATION 120.25
MOONLIGHT MAINTENANCE DEC PD OFFICE CLEANING 1,871.75
OASIS SECURITY SYSTEMS
PAPE MACHINERY INC 150-2624 PROSPECTOR 731.93
PRINCIPAL LIFE INSURANCE CO. 8,506.27
SETCAN CORPORATION
SILVER & WRIGHT LLP 1,946.80
SOUTHERN CALIFORNIA GAS CO. 0891-10/26-11/28/22
STANDARD INSURANCE CO. JAN 2023 LIFE INSURANCE 2,251.29 UNIVAR SOLUTIONS USA INC 1,184.29
VALLEY EXPETEC
VALLEY GREEN LANDSCAPE 12,510.00
VOLLMER EXCAVATION, L. P. TRANSFER LOAD
Final Totals...
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PAYROLL S BI - WEEKLY RUN-12/07/2022 13.14.22 PAGE
PR311R-V14.12 Raymate
PERIOD 1 DATING 11/21/2022-12/04/2022 CHECK DATE 12/09/2022
DIRECT DEPOSIT IS TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
50774 174.00 CLOCEA VENDOR STUB ON!
50775 550.00 EXETER POLICE OFFICER AS 3 VENDOR STUB ON! 50776 172.59 EXETER POLICE OFFICER AS A UB ONLY
50777 ,662.9 ENNIS / ADAM
50778 8652 ONEAL/SHONNA N
50779 2,204.69 ROBELLO/HILARY 709
50780 1, 301.98 CARTER/AMY JO 502
50781 1,328.45 CORREA/BIANCA 630
50782 1,319.88 GARVER/ELIJAH 712
50783 737.33 LARSON /MERRI 713
50784 3,376.20 PARK MOORE/YUN GYUNG 703
50785 453.87 SANCHEZ/CESILIA 307
50786 1,429.45 SANTOYO/AIDE G 710
787 1,689.06 PHILLIPS/ZACHARY 705
788 1,436.38 CARRETERO/VANESSA 402
50789 2,431.06 CULLUM/TRENT 444
50790 1,285.31 CULLUM/TRENT 444
50791 2,754.74 DURKEE/MARK 404
50792 1,693.54 DURKEE /MARK 404
50793 2,361.52 GIEFER/MICHAEL DAVID 438
50794 1,573.23 GIEFER/MICHAEL DAVID 438
50795 1,636.53 GONZALES/EVAN 725
50796 833.81 GONZALES /EVAN 725
50797 1,175.69 GRAY /DAIZY 717
0798 3,436.91 HALL/JOHN T 406
799 1,828.45 HAYES/CURTIS W 437 CELEBECE BEECE CECE BEECE ECCEE BE CELEBERE 1,384.07 HAYES/ CURTIS W 437
2,653.15 INGLEHART/BRETT A 411
1,822.12 INGLEHART/BRETT A 411
1,654.71 LUJAN/ JOSHUA 715
1,201.70 LUJAN/ JOSHUA 715
805 2,142.18 MARX/CHRIS 706 ANANAN NAAN NANA NA NANA NA NAAAAAAMMA 1,302.39 MARX/CHRIS 706
2,816.30 PHELPS/KEVIN M 429
50808 1,477.31 PHELPS/KEVIN M 429
1,630.14 SHIELDS/ ZION 708
977.89 SHIELDS/ZION 708
1,647.12 VILLARREAL/ISIDRO 707
1,225.01 VILLARREAL / ISIDRO 707
2,587.41 YARBER/ISABEL 422
1,410.38 ALDRIDGE/GARY 618
1,435.88 ARROYO/MARIE 623
2,534.06 BRASSFIELD/TRAVIS 619
1, 708.34 ESPINOLA/DANIEL M 602
36.22 GOLDSTROM/NORMAN 629
1,628.70 HUGGINS /KYLE AARON 621
2,985.08 QUALLS /DAYMON 607
1,393.44 RAMIREZ/ JUAN 608
PAYROLL ..S BI - WEEKLY RUN-12/07/2022 13.14.22 PAGE
CHECK FORM. STUB CHECK REGISTER PR311R-V14.12 Paymate
PERIOD 1 DATING 11/21/2022-12/04/2022 CHECK DATE 12/09/2022
DIRECT DEPOSIT IS TURNED
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
50822 821.87 WENDT/EDDIE 626 L STUE STUB ONLY
50823 ROWLETT /JACOB 718
50824 1,657.26 MILLAN/MARCUS 622 STUB ONLY
50825 , 619.03 MILLER/JAME ONT Y
50826 33.17 MIRWALD/PHILI
50827 1,254.99 QUIROZ/PATRICK P 512
50828 2,152.41 PRIDEAUX/TRACI 448
50829 1,422.86 PRIDEAUX/TRACI 448 ONLY
TOTALS FOR CHECK FORM: STUB
NEGOTIABLE CHECKS COUNTS
0.00 *EMPLOYEE CHECKS
0.00 *VENDOR CHECKS
0.00 *BANK CHECKS
).00 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
0.00 *MANUAL CHECKS • 0
0.00 *CANCELLED CHECKS
0.00 **TOTAL FOR CHECK FORM
NON-NEGOT TA, 022.58CKS DIRECT DEPOSIT STUBS 91, 022.58 896.59 *VENDOR DIR DEP STUBS
PAYROLL. S BI - WEEKLY RUN-12/21/2022 14.55.09 PAGE
CHECK FORM. STUB CHECK REGISTEF PR311R-V14.12 Paymate
PERIOD 2 DATING 12/05/2022-12/18/2022 CHECK DATE 12/23/2022
DIRECT DEPOSIT IS TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
50648 0.00 304 3 CANCELLED
50802 1,822: 92- FRANCORT/BONEY A 3 CANCELLED
50830 174.00 CLOCEA STUB ONLY
50831 550.00 EXETER POLICE OFFICER AS 3 STUB ONLY
50832 172.59 EXETER POLICE OFFICER AS 3A STUB ONLY
50833 4,668.20 ENNIS / ADAM 206
50834 2,865.37 ONEAL/ SHONNA N 203
50835 2,209.94 ROBELLO/HILARY 709
50836 1,420.67 CARTER/AMY JO 502
50837 1,371.56 CORREA/BIANCA 630
50838 1,319.88 GARVER/ELIJAH 712
50839 1,091.15 LARSON/MERRI 713
50840 3,376.18 PARK MOORE/YUN GYUNG 703
639.70 SANCHEZ/CESILIA 307
50842 1,508.07 SANTOYO/AIDE G 710
2,172.89 PHILLIPS/ZACHARY 705
50844 1,441.54 CARRETERO/VANESSA 402
50845 3,081.37 CULLUM/TRENT 444
0846 3,357.09 DURKEE /MARK 404
50847 2,574.12 GIEFER/MICHAEL DAVID 438
50848 1,575.87 GONZALES /EVAN 725
50849 1,060.31 GRAY / DAIZY 717
50850 3, 442.16 HALL/JOHN T 406
2, 234.46 HAYES/CURTIS W 437
2, 653.15 INGLEHART/BRETT A 411
2,294.42 LUJAN/ JOSHUA 715
50854 1,974.95 MARX/CHRIS 706
2,644.53 PHELPS/KEVIN M 429
0856 1,435.86 SHIELDS/ ZION 708
0857 1, 500.77 VILLARREAL/ ISIDRO 707
50858 2,592.61 YARBER/ISABEL 422
50859 1,164.71 ALDRIDGE/GARY 618
50860 1,435.88 ARROYO/MARIE 623
50861 1, 713.59 ESPINOLA/DANIEL M 602
50862 419.12 GOLDSTROM /NORMAN 629
50863 1,628.70 HUGGINS /KYLE AARON 621
50864 2,922.91 QUALLS /DAYMON 607
50865 1,687.55 RAMIREZ/ JUAN 608
50866 784.51 WENDT/EDDIE 626
50867 394.71 ROWLETT/JACOB 718
50868 2,043.45 MILLAN/MARCUS 622
50869 1,154.99 MILLER/JAMES 624
50870 807.57 MIRWALD/PHILIP 625
50871 1,260.24 OUIROZ/PATRICK P 512
50872 1,835.47 PRIDEAUX/TRACI 448
RUN-12/21/2022 14.55.09 PAGE
PR311R-V14.12 Paymate
DIRECT 2P0577 15 70530 0-12/18/2022 CHECK DATE 12/23/2022
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
TOTALS FOR CHECK FORM: STUF
NEGOTIABLE CHECKS COUNTS
0.00 *EMPLOYEE CHECKS
*VENDOR CHECKS 0000
0.00 *BANK CHECKS
**TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
1,822:12. *MANUAL CHECKS NO
*CANCELLED CHECKS
1,822. 12- **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
75,760.22 *DIRECT DEPOSIT STUBS
896.59 *VENDOR DIR DEP STUBS
H4
CITY OF EXETER
PO BOX D7 - 137 N # STREET, EXETER SEI
Phone 592-3710 - Fax 392-3356
Irsasurse's Report July 2022
Beginning Balance as of July 1, 2022 1,006,932.99
Deposits
Previous Undeposited 22,571.2
7/1/2022 - 7/8/2022 116,663.4:
7/11/2022-07/15/2022 205,536.69
7/18/2022 - 7/25/2022 34,275.03
Direct Deposit 2,855,287.27
TOTAL DEPOSITS 3,234,333.73
Withdrawals City Checks Processed 523,453.74
Payroll EFT 162,590.0%
Payroll Checks 2,268.89
CaPERS Retirement costs 528,451.66
P/R Taxes 29,440.71
Def Comp 1,438.12
ESA Disbursements 1,483.06
Chargebacks 926.26
State DU 36,401.27
Chargeback Fees 65.00
Wire Transfer Fees 20.00
Wire Transfers 2,000,000.00
TOTAL WITHDRAWALS
19,09L81
967,819.75
; 35,927.57
2,729.25
38,656.82
Adiusted Bank Balance os of luly 31, 2022 929.162.93
Invest meats
US Saving: 58,619.95
overnment Agency Bone
CD's 1,752,457.03
Local Agency Investment Fund (LAIF) 14,094,561.39
Fair Market Value Adjustment gain/(loss) Bi Annual Adjustment only Charles Schwab 0.23
Exeter PD Safekeeping 12,982.24
15.918,520.3
Total City Funds Month End 16,847,783.7
Cash Trial Balance Month En 16,303,950S1
Difference 543,833.26
Ratio of invested funds/Avallable Fundr 94%
City of Exeter
Treasurer's Report
Investments as of month end
Bats Maturity Date Description Purshase Date Principal Value Certicates of Deposit
2.40% 11/15/2022 CAPITAL ONE ARKEO Nov-17 $ 247,000
0.30% 12/18/2023 BMW BANK NORTH AMERICA Dec-20 $ 249,000
2.00% 1/29/2025 MERRICK BANK Jan-21 $ 249,000
0.40% 4/8/2024 ALLY BANK Apr-22 $ 247,000
4/8/2027 DUNDEE BK OMAHA NE Apr-22 $ 247,000
1.230,000
11/30/2026 U.S. Treasury Notes 500.000
Local Agency Investment Fund arious: 14,094,561
US Savings arious: 58,620
Charles Swab Varlous S 0.23
_ 14,153,182
Government Securities
Total Investments
15.892.182
Interilar
Prepared By: 12/13/2022
Approved By: 12.16.22
CITY OF EXETER
PO BOX 37 - 137 N F STREET. EXETER 9321
Phone 592-3710 - Fax 592-3556
Ireasurer's Report August 2022
Beginning Balance as of 1st Month 948,727.94
Deposits
Previous Undeposited tuly 17,369.52
9-1 thru 8-5 2022 91,776.06
8-8 thru 8-12 2022 192,437.84
8-15 thru 8-19 2022 99,897.66
8-22 thru 8-29 2022 37,928.31
8-30 thru 8-31 2022
Direct Deposit 1,115,902.83
TOTAL DEPOSITS 1,555,312.22
Withdrawals City Checks Processed 1,094,393.97
Payroll EFT 171,503.35
Payroll Checks 2,444.12
CaPERS Retirement costs 50,566.34
P/R Taxes 30,091.32
Def Comp 1,158.94
FSA Disbursements 1,370.14
Chargebacks $43.70
State DU
Bank Fees $5.80
Wire Transfers /ACH Transfers 22,502.68
1,374,630.36
Ending Bank Balance for the month 1,129,409.80
Undrporited cash on hand 7377.41
1,136,987.21
=.
406,904.49
1,950.67
408,855.16
Adjusted Bank Balance es of end month 728,132.05
Investments
US Savings 59,135.80
Government Agency Bond
CD's 1,752,457.03
Local Agency Investment Fund 14,094,561.39
Falr Market Value Adjustment gain/(loss)
Charles Schwab 0.23
Exeter PD Safekeeping 17.982.24
15,919.136.69
Total City Funds as of end of month 16,647,268.74
Cash Trial Balance End of Month 16,272,497.89
Difference 374,770.85
Ratio of invested Funds/Available Funds 96%
City of Exeter
reasurer's Repor
nvestments as of End of Monti
Rate Maturlty Date Description Purchase Date Principal value Certificates of Deposis
1.75% 10/29/2021 COMENITY CAPITAL MASS Oct-16 $ 249,000
1.75% 11/2/2021 DISCOVER BANK #2M39 Nov-16 $ 247,000
2.40% 11/15/2022 CAPITAL ONE WAKEO Nov-17 S 247,000
0.30% 12/18/2023 BMW BANK NORTH AMERICA Dec-20 $ 247,000
0.40% 1/29/2025 MERRICK BANK Jan-21 $ 249,000
1.32% Average 1.23,000
Treasury Obligations
1.625% 11/30/2026 V.S. Treasury Notes 0ct-21 s 500,000.00 500,000
Money Market Funds
0.02210% Demand Local Agency Investment Fund 14,094,561 =1 59,136
Demand Charles Swab 0.23
14.153.697
Government Securities
Total investments
= Manitan
12.1622
R. Moore
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2023
For action by:
Agenda Item Number: H5 X City Council
Wording for Agenda: Adopt Resolution 2023-01 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the Regular Session:
City of Exeter through February 9, 2023, Pursuant to Brown Act X Consent Calendar Provisions (AB 361) due to continued State Declaration of Regular Item -
Emergency. _ Public Hearing
Review:
Submitting Department: Administration
Contact Name: Adam Ennis/Shonna Oneal City Administrator Phone Number: (559) 592-4539 or (559) 592-9244 (Initials Required) Email: [email protected] or [email protected] 202
Department Recommendation:
Staff recommends that the City Council consider and adopt Resolution 2023-01 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through February 9, 2023, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.
Summary:
On December 13, 2022, the City Council adopted Resolution 2022-48 Reaffirming Its Proclamation of a Local Emergency, Re-Ratifying the Proclamation of a State of Emergency by AB 361 issued on September 16, 2021, and Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through January 12, 2023, pursuant to Brown Act Provisions. This resolution established the criteria necessary for the City to continue conducting teleconference meetings without compliance with the requirements of Government Code section 54953(b)(s) for a period of thirty (30) days. On March 22, 2022, the Council provided staff with direction to review a hybrid meeting option allowing some members to return in person and some to attend virtually as needed.
Pursuant to AB 361, the City Council must re-consider if a state of emergency exists in the City to continue remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953 every thirty (30) days. Currently, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers. In addition, a State of Emergency has been proclaimed by the Governor of the State of California. By allowing some members of the legislative bodies to attend remotely and some in person, the City can continue to limit capacity in the City's small conference chambers.
Background:
During the past thirty-two (32) months, the City Council and its Legislative bodies have been conducting teleconferencing meetings as allowed for pursuant to a series of executive orders, the most recent which expired September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Recently adopted State law, AB 361, extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, while the state of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place.
Initial reliance on AB 361 requires the following:
1) There must be a proclaimed state of emergency; and
2) One of the following circumstances exist:
a. State or local officials have imposed or recommended measures to promote social distancing; or
b. The legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e) (1).
Both these conditions are presently satisfied. The Governor's State of Emergency Declaration, issued on March 4, 2020, remains in place today. The City's declaration of local emergency issued March 24, 2020, remained in place until March 2022. However, the size of the City's conference chambers could be a potential imminent risk to health and safety measures because State and local agencies continue to recommend social distancing as one of the measures to reduce the spread of COVID-19 and heavy attendance could limit the ability to maintain social distance.
Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following:
1) Either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and 2) Not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists:
a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
b. State or local offices continue to impose or recommend measures to promote social distancing.
If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows:
1) Each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option;
2) Teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
3) Public comments cannot be required to be submitted in advance of the meeting (though this may remain an option);
4) The public must be able to attend the meeting via call-in option or internet-based service option;
5) The public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; 6) If there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency's control that prevents members of the public from offering public comments using the call-in option or internet- based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and 7) Where, as in Exeter, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Government Code Section 54953(e)(2).
In light of AB 361, the continuing State COVID-19 emergency, the continuing recommendations by the State and local officials of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue AB 361. In addition, continuing to follow social distancing guidelines will assist in minimizing the potential for outbreaks in the organization and subsequent scrutiny and actions taken by Cal OSHA based on their current requirements.
Doing so will allow City Council and its legislative bodies meetings to continue to occur by teleconference, but allow for in-person attendance as well, without compliance with the teleconferencing requirements set out in Government Code Section 54953(b)(3) that would otherwise apply. The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361.
Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days.
Fiscal Impact: None.
Prior Council/Board Actions: On March 24, 2020, the Council adopted Resolution 2020-12 proclaiming the existence of a local emergency due to the novel coronavirus (COVID-19).
On May 19, July 14, September 8, November 2 and December 8, 2020, and January 26, March 23, May 11, June 22, August 10, September 28, November 9, December 14, 2021, February 10 and March 8, 2022, Council approved to continue the state of emergency established by Resolution 2020-12 due to the Novel Coronavirus (COVID-19) for an additional 60 days. On September 28, October 26, November 18, December 14, 2021, January 11, February 10, March 8, April 26, May 24, June 14, July 12, August 9, September 13, October 11, November 8 and December 13, 2022 the Council adopted Resolutions 2021-21, 2021-24, 2021-29, 2021-31, 2022-02, 2022-03, 2022-05, 2022-09, 2022-17, 2022-21, 2022-26, 2022-34, 2022-35, 2022-38, 2022-41, 2022-46 and 2022-48 authorizing remote teleconferencing meetings pursuant to AB361.
Attachments: 1.) Resolution 2023-01 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through February 9, 2023, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.
Recommended motion to be made by Council/Board: I move to adopt Resolution 2023-01 as presented.
RESOLUTION 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER RE-AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF EXETER THROUGH FEBRUARY 9, 2023, PURSUANT TO BROWN ACT PROVISIONS [AB 361] DUE TO
CONTINUED STATE DECLARATION OF EMERGENCY
WHEREAS, the Exeter City Council is committed to preserving and nurturing public access and participation in meetings of all City of Exeter legislative bodies; and, WHEREAS, all meetings of the City of Exeter legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City of Exeter's legislative bodies conduct their business; and, WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and,
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and,
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or human-caused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, the Exeter City Council previously adopted Resolution 2021-21 on September 28, 2021, Resolution 2021-24 on October 26, 2021, Resolution 2021-29 on November 18, 2021, Resolution 2021-31 on December 14, 2021, Resolution 2022-02 on January 11, 2022, Resolution 2022-03 on February 10, 2022, Resolution 2022-05 on March 8, 2022, Resolution 2022-09 on April 26, 2022, Resolution 2022-17 on May 24, 2022, Resolution 2022-21 on June 14, 2022, Resolution 2022-26 on July 12, 2022, Resolution 2022-34 on August 9, 2022, Resolution 2022-35 on August 23, 2022, Resolution 2022-38 on September 13, 2022, Resolution 2022-41 on October 11, 2022, Resolution 2022-46 on November 8, 2022 and Resolution 2022-48 on December 13, 2022 finding that the requisite conditions exist for the legislative bodies of the City of Exeter to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and,
WHEREAS, as a condition of extending the use of provisions found in section 54953(e), the Exeter City Council must reconsider the circumstances of the state of emergency that exists in the City, and the Exeter City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California; and, WHEREAS, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present potential imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, WHEREAS, the City does hereby accept and acknowledge the proclamation of emergency by the Governor of the State of California; and,
WHEREAS, as a consequence of the proclamation of emergency issued by the Governor of the State of California and the limited size of the Council chambers to conduct business. the Citv Resolution 2023-01
AB 361 Emergency Teleconferencing
does hereby find that the legislative bodies of the City of Exeter shall continue to permit council members, staff, and the public, and their election, to attend meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (e) of section 54953; and,
WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and, WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Exeter as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and,
SECTION 2. Ratification of Governor's Proclamation of a State of Emergency. The City hereby accepts and acknowledges the Governor of the State of California's Proclamation of March 2, 2020 and finds the City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, SECTION 3. Remote Teleconference Meetings. The City Administrator and legislative bodies of the City of Exeter are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective through February 9, 2023.
Passed, approved, and adopted this 10"h day of January 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: Mayor
-
City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2023 For action by:
X City Council
Agenda Item Number: H6
Wording for Agenda: Adopt Resolution 2023-02 approving the Regular Session:
Amended 2022 City of Exeter Speed Zone Survey conducted by the X_ Consent Calendar City's contract City Engineer firm - QK confirming enforceable _Regular Item speed limits on various roadways within the City and superseding al Public Hearing previous resolutions.
Review:
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318 (Initials Required)
Email: [email protected]
Department Recommendation:
Staff recommends that Council adopt Resolution 2023-02 approving the Amended 2022 City of Exeter Speed Zone Survey conducted by the City's contract City Engineer firm - QK confirming enforceable speed limits on various roadways within the City and superseding all previous resolutions.
Summary:
At the Council meeting of July 12, 2022, the Exeter City Council adopted Resolution 22-27 approving the 2022 City of Exeter Speed Zone Survey conducted by the City's contract City Engineer firm - QK confirming enforceable speed limits on various roadways within the City of Exeter and superseding all previous resolutions. After further review of the road segments included in the speed zone survey, it was determined that Glaze Avenue, between SR 65 and Belmont Road should also be included in the study. Accordingly, the survey was subsequently amended to include that segment.
Background:
The California Vehicle Code (CVC) requires that all speed limits in excess of 25 miles per hour be established on the basis of an engineering and traffic survey, conducted in accordance with procedures adopted by the State Department of Transportation (Caltrans) if they are to be enforceable by the use of radar. These special speed zone surveys are required to be updated every seven (7) years to continue the use of radar enforcement.
In general, the speed limit of the roadway is set at the nearest five (5) mile per hour interval where eighty-five percent of the vehicles travel at or below the speed, known as the 85th percentile or critical speed. Based on the engineering survey the speed limit can be adjusted downward depending on the physical characteristics of the road, such as abrupt changes in horizontal and/or vertical alignment and pavement width, so as to enhance its safety. In order for speeding violations to be enforceable in court the City must have current speed zone certifications on file at the courthouse.
Data Collection and Analysis:
Field data was collected for the twenty-one (21) locations shown below between Thursday, May 26, 2022, and Tuesday, May 31, 2022. Data for each zone was collected using a radar traffic speed meter.
List of Locations
1. Firebaugh Avenue between Belmont Road and State Route 65
2. Firebaugh Avenue between State Route 65 and the railroad tracks east of State Route 65 (east City limits)
3. Filbert Road between Glaze Avenue and Firebaugh Avenue
4. Vine Street between Elberta Road and Belmont Road
5. Visalia Road between the west City limit and 1,370 feet east of the west City limit
6.' Visalia Road between 1,370 feet east of the west City limit and Orange Avenue
7. Visalia Road between Orange Avenue and Palm Street
8. Chestnut Street between Belmont Road and Albert Avenue
9. Chestnut Street between Orange Avenue and Kaweah Avenue (State Route 65)
10. Chestnut Street between Kaweah Avenue (State Route 65) and 1st Street
11. Elberta Road between Visalia Road and Vine Street
12. Belmont Road between Glaze Avenue and Firebaugh Avenue
13. Belmont Road between Firebaugh Avenue and Visalia Road
14. Belmont Road between Visalia Road and the railroad tracks north of Meadow Avenue (north City limit)
15. Sequoia Drive between Kaweah Avenue (State Route 65) and Valencia Drive
16. Palm Street between Orange Avenue and G Street
17. Palm Street between G Street and Kaweah Avenue (State Route 65)
18. F Street between Palm Street and the curve north of Willow Street
19. F Street/Filbert Road between the curve north of Willow Street and the north City limit
20. Industrial Drive between Firebaugh Avenue and Glaze Avenue
21. Glaze Avenue between Belmont Road to SR 65.
Based on the speed data collected and a review of the collision history, the recommended speed limit for all twenty-one (21) segments are shown in Table 1 - Recommended Speed Limits below:
Table 1 - Recommended Speed Limits
Direction Current Speed Average Speed 10 MPH Speed Critical 85th% Recommended Limit (MPH) (MPH) (MPH) Speed (MPH) Speed Limit
Firebaugh Avenue
Belmont Road/SR 65 (School Zone)
All 30 | 31 1 25-34 136 130
Firebaugh Avenue
SR 65/Railroad tracks east of SR 65
All 30 T31 T 28-37 T 36 T 35
Filbert Road
Glaze Avenue/Firebaugh Avenue
All - 30 1 28 ] 22-31 T33 T30
Vine Street
Elberta Road/Belmont Road
All N/A 25 T 21-30 30 T 30
Visalia Road
West City limits/1,370 feet east of the west City limits All 45 49 T 44-53 T 57 750
Visalia Road
1,370 feet east of the west City limits and Orange Avenue All 40 36 T 29-38 41 40
Direction Current Speed Average Speed 10 MPH Speed Critical 85th% Recommended Limit (MPH) (MPH) (MPH) Speed (MPH) Speed Limit
Visalia Road
Orange Avenue/Palm Street
All / 30 T 30 T 25-34 35 35
Chestnut Street
Belmont Road/Albert Avenue
All N/A 25 T 19-28 130 130
Chestnut Street
Orange Avenue/Kaweah Avenue (School Zone)
All 25 26 T 21-30 130 25
Chestnut Street
Kaweah Avenue/1st Street
All N/A | 25 20-29 T 32 30
Elberta Road
Visalia Road/Vine Street
All TN/A 30 T 26-35
Belmont Road
Glaze Avenue/Firebaugh Avenue
All 45 44 T 38-47 49 45
Belmont Road
Firebaugh Avenue/Visalia Road
All 40 / 35 / 30-39 41 40
Belmont Road
Visalia Road and the railroad tracks north of Meadow Avenue (north City limits) All :30 32 29-38 37 35
Sequoia Drive
Kaweah Avenue/Valencia Drive
All TN/A T 24 | 18-27 T 31 30
Palm Street
Orange Avenue/G Street
All 25 27 T 24-33 T 32 30
Palm Street
G Street/Kaweah Avenue
All 30 | 31 _ 27-36 135 135
F Street
Palm Street/curve north of Willow Street
All 30 31 | 27-36 T 36 35
F Street/Filbert Road
Curve north of Willow Street/northern City limits
All T 35 T40 ] 37-46 T 45 / 40
Industrial Drive
Firebaugh Avenue/Glaze Avenue
AlI TN/A T 33 34-43 43 40
Glaze Avenue
Filbert Road / SR 65
All N/A 37 | 32-41 44 40
Glaze Avenue
Belmont Road / Filbert Road
N/A 30-39 41 T35
A 5 MPH reduction is allowed under CVC 627 due to residential density.
As shown in the above table, the existing speed limits are recommended to be retained for several of the locations studied. The recommend speed limit changes include the following eight (8) locations:
Increase the speed limit on Firebaugh Avenue between Kaweah Ave. (SR 65) and the railroad tracks east of Kaweah Ave. (SR 65) from 30 miles per hour to 35 miles per hour.
Increase the speed limit on Visalia Road between the west City limits and 1,370 feet east of the west City limits from 45 miles per hour to 50 miles per hour.
Increase the speed limit on Visalia Road between Orange and Palm from 30 miles per hour to 35 miles per hour.
Increase the speed limit on Belmont Road between Visalia Road and the railroad tracks north of Meadow Avenue (north City limits) from 30 miles per hour to 35 miles per hour.
Increase the speed limit on Palm Ave. between Orange and G Street from 25 miles per hour to 30 miles per hour.
Increase the speed limit on Palm Ave. between G Street and Kaweah Ave (SR 65) from 30 miles per hour to 35 miles per hour.
Increase the speed limit on F Street between Palm Ave. and the curve north of Willow Street from 30 miles per hour to 35 miles per hour.
Increase the speed limit on F Street/Filbert Road between the curve north of Willow Street to the northern City limits from 35 miles per hour to 40 miles per hour.
Fiscal Impact: The cost associated with replacing the affected signs will be absorbed in the publics works operations budget..
Prior Council/Board Actions: Staff was unable to locate any prior Council actions pertaining to Speed Zone Surveys.
Attachments:
1. I Resolution 2023-02
2. 2022 Amended Exeter Speed Zone Survey Technical Memorandum Environmental Clearance: Not applicable for this project.
RESOLUTION 2023-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER, CALIFORNIA APPROVING THE AMENDED 2022 CITY OF EXETER SPEED ZONE SURVEY
CONDUCTED BY THE CITY'S CONTRACT CITY ENGINEER FIRM - QK CONFIRMING
ENFORCABLE SPEED LIMITS ON VARIOUS ROADWAYS WITHIN THE CITY AND
SUPERSEDING ALL PREVIOUS RESOLUTIONS
WHEREAS, in May of 2022 the City of Exeter's contract City Engineer firm - QK facilitated an engineering and traffic survey conducted for the purposes of establishing prima facie speed limits on specific City streets; and
WHEREAS, the following listed streets and speed limits were recommended by the City Engineer:
Street Limits Speed Limit (mph)
Firebaugh Avenue Belmont Road/SR 65 (School Zone) 30
Firebaugh Avenue SR. 65/Railroad tracks east of SR 65 35 Filbert Road Glaze Avenue/Firebaugh Avenue 30
Vine Street Elberta Road/Belmont Road 30
Visalia Road West City limits/1,370 feet east of the west City 50 limits
Visalia Road 1,370 feet east of the west City limits and Orange 40 Avenue
Visalia Road Orange Avenue/Palm Avenue 35
Chestnut Street Belmont Road/Albert Avenue 30
Chestnut Street Orange Avenue/Kaweah Avenue 25
Chestnut Street Kaweah Avenue/1s* Street 30
Elberta Road Visalia Road/Vine Street 35
Belmont Road Glaze Avenue/Firebaugh
Belmont Road Firebaugh/Visalia Road 40
Belmont Road Visalia Road and the railroad tracks north of Meadow 35 Avenue (north City limits)
Sequoia Drive Kaweah Avenue/Valencia Drive
Palm Avenue Orange Avenue/G Street
Palm Avenue G Street/Kaweah Avenue
F Street Palm Avenue/curve north of Willow Street
F Street/Filbert Road Curve north of Willow Street/northern City limits Industrial Drive Firebaugh/Glaze Avenue 40
Glaze Avenue Filbert Road / SR 65 40
Glaze Avenue Belmont Road / Filbert Road
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Exeter, State of California, that the aforementioned is hereby passed, approved, and adopted this 10'h day of January 2023, AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: Frankie Alves, Mayor
Hilary Robello, Deputy City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2023
For action by:
Agenda Item Number: H7 X City Council
Regular Session:
Wording for Agenda: Authorize the City Administrator to execute X Consent Calendar Regular Item
- Public Hearing
exceed $34,424 for a one-time drought tolerant landscaping Review:
conversion of LLMAD 91-01A.
City Administrator
(Initials Required)
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director
Phone Number: 559.592.3318
Email: [email protected]
Department Recommendation:
Staff recommends that Council authorize the City Administrator to execute an Extra Work Authorization with the City's Landscape and Lighting Assessment District (LLMAD) - Landscape Maintenance Contractor - Valley Green Landscape and Maintenance, in an amount not to exceed $34,424 for a one-time drought tolerant landscaping conversion of LLMAD 91-01A.
Summary:
Property owners of LLMAD 91-01A petitioned the City to ballot them for approval of a one-time assessment (A total of $790.01 for the first year, with a one-time amount in the first year of $662.00 to cover the initial cost of a landscape conversion and $128.01 for ongoing maintenance of the converted landscape district) to pay for a drought tolerant conversion of the landscaping and setting an annual ongoing assessment, with an up to 10% annual increase of the base amount ($128.01) for each of the four subsequent years, for maintenance of the drought tolerant landscaping. The engineer's estimate for the one-time drought tolerant landscaping conversion was $34,424.
As approved by the property owners of LLMAD 91-01A, staff obtained cost estimates for a drought tolerant landscaping conversion of said District. Staff now desires to execute an Extra Work Authorization with the City's Landscape and Lighting Assessment District (LLMAD) - Landscape Maintenance Contractor - Valley Green Landscape and Maintenance, in an amount not to exceed $34,424 to complete the one-time drought tolerant landscaping conversion of LLMAD 91-01A.
Background:
The City has formed nineteen Landscape and Lighting districts since 1990 as a part of the approval of various subdivisions for the purpose of maintaining the landscaping and lighting in common areas. In each district, the City manages the maintenance of the turf, shrubs, trees, irrigation systems, sidewalks, and walls. Each parcel within each district is assessed according to the benefit it receives from the services and improvements. Each fiscal year the City is required by the rules for the assessment districts to do a cost accounting of the assessments for the upcoming year.
In 1990, the City of Exeter created Landscape and Lighting Maintenance Assessment District (LLMAD) No. 91-01 A, which ultimately included the Country View No.1, Country View No. 2 and Awbrey Estates subdivisions. Over the years the costs to maintain this district increased beyond that of the assessments that were being collected, resulting in a deficit district fund balance.
In March 2020, the City of Exeter proposed to increase the assessments and undertook the process to increase the assessments, including a majority protest proceeding consistent with applicable laws and regulations, and at that time due to a majority protest against the levy of the proposed assessment, the proposed increase was abandoned. To balance the costs and assessments, the City reduced maintenance of the landscaping in this district.
Although City staff manages maintenance of the common areas in each LLMAD, the full financial responsibility is with the property owners. Funding for each LLMAD comes directly from property owners through special assessments that were approved by owners in each district.
Each annual update reviews the costs from the previous year and adjusts fees as may be necessary to cover the costs of maintenance as approved by the property owners.
Interested property owners of LLMAD 91-01A sought informal approval from the assessment district's property owners of certain proposed changes to the improvements and increases to the assessments, and requested that the City initiate new assessment modification proceedings in accordance with California Streets and Highways Code Section 22622 et seq. Signed Poll/Surveys from 42 of the 52 property owners were collected requesting that the City ballot to add a one-time assessment ($790.01, $662.00 of which covers the initial costs of a landscape conversion and $128.01 for ongoing maintenance) to pay for a drought tolerant conversion of the landscaping and setting an annual ongoing assessment, with an up to 10% annual increase of the base amount ($128.01) for four subsequent years, for maintenance of the drought tolerant landscaping.
On May 24, 2022 the Council adopted a resolution initiating the process to make changes to LLMAD 91-01A and directed the City Engineer to prepare an Engineer's Report that included an evaluation of the district with the proposed changes. At a special meeting on June 8, 2022, the City Council adopted a resolution 1) approving the Engineer's Reports along with diagrams and assessments for LLMAD 91-01A; 2) declaring the City Council's intention to implement assessments for future fiscal years beginning fiscal year 2022-2023 for the changes requested; 3) setting a public hearing for consideration of the proposed changes for July 26, 2022; and 4) authorizing City staff to mail notice of the proposed changes and assessment ballot proceedings to the property owners of this district, in conformance with Proposition 218 and California Government Code Section 53753.
Ballots were mailed to the property owners by June 10, 2022. The ballot mailing included intormation specific to the district and its financial condition, as well as an official ballot indicating the Public Hearing date.
July 26, 2022, the City Council conducted a Public Hearing to receive ballots, written protests and comments regarding proposed assessments of $41,080.52 on existing Landscape and Lighting Maintenance Assessment District (LLMAD) 91-01A for a drought-tolerant landscape conversion and an annual ongoing assessment, with an up to 10% annual increase of the base amount ($128.01) for four subsequent years, for maintenance of the drought tolerant landscaping and tabulate ballots. As a result of the Public Hearing, the proposed assessments were approved and Resolution 2022-29, To Levy and Collect Assessment Increase as Proposed On The 2022/23 Property Tax Roll For District 91-01A was adopted.
Fiscal Impact: The one-time assessment will cover the cost of the drought tolerant conversion and the increase allowance, over time, will fund the maintenance and help to eliminate an annual deficit in District 91-01A so that current maintenance can continue.
Prior Council/Board Actions: Numerous Council actions pertaining to LLMAD 91-01A Attachments: None
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: 1 move to authorize the City Administrator to execute an Extra Work Authorization with the City's Landscape and Lighting Assessment District (LLMAD) - Landscape Maintenance Contractor - Valley Green Landscape and Maintenance, in an amount not to exceed $34,424 for a one-time drought tolerant landscaping conversion of LLMAD 91-01A.
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2023
For action by:
Agenda Item Number: 11 X City Council
Wording for Agenda: Administrative Hearing to Consider
Confirmation of Nuisance Abatement Cost Recovery Amount and Regular Session:
Special Assessment Approval for 352 South G Street, Exeter, _ Consent Calendar X Regular Item
California 93221, APN 135-091-005-000. Public Hearing
Submitting Department: Public Works Review:
Contact Name: Daymon Qualls, Director
Phone Number: (559) 592-3318
ity Administratc
Email: [email protected] Initials Required
Department Recommendation:
City Staff recommends that the City Council hold the administrative hearing and consider any comments or information provided by the owner/occupant and confirm the City's cost recovery amount and approve that amount for special assessment against the Nuisance Property pursuant to the California Government Code and the Exeter Municipal Code (EMC).
Summary/Background:
As a last resort, after all other methods of code enforcement against Responsible Parties on the extremely dangerous and fire-damaged Nuisance Property for three (3) years had failed, the City successfully obtained an Abatement Warrant from the Court to demolish the Nuisance Property and abate the hazardous conditions itself in order to protect the health and safety of any occupants, neighbors, and nearby community.
The City has now successfully demolished the Nuisance Property and abated the condition and thereby has protected the public's health and safety. However, the City's good-faith efforts to protect the community have forced the City and its taxpayers to incur substantial costs. The City now seeks to recover those enforcement and abatement costs pursuant to law. Without cost recovery, the City would not be able to enforce the law on substandard properties (like the Nuisance Property) to protect the community.
History Of Code Enforcement Against Fire-Damaged Nuisance Property Due to Responsible Parties' refusal to comply with the law on the Nuisance Property for three (3) years, the City incurred substantial costs to abate the conditions itself, and thereby, protect the community's health and safety. Responsible Parties maintained numerous hazardous nuisance conditions and violations of law on the Nuisance Property for three (3) years prior to the City obtaining an Abatement Warrant from the Court to demolish the Nuisance Property and abate the conditions itself. The Nuisance Property has been the focus of City law and code enforcement efforts for three (3) years (since at least July 2019) due to these hazardous nuisance conditions and violations of State and local laws Responsible Parties maintained on the Nuisance Property that substantially endangered the health and safety of the Nuisance Property's residents and neighbors, as well the public in general. The City attempted to obtain voluntary compliance from Responsible Parties to correct these nuisance conditions and violations for three (3) years pre- Abatement Warrant, but Responsible Parties failed to abate the nuisances on the Nuisance - 1 of 7 -
Property until the City obtained an Abatement Warrant from the Court to demolish the Nuisance Property and abate the conditions itself.
The Nuisance Property is owned by Evelyn L. Baker (Owner") who is deceased. No Responsible Party has come forward to adequately abate the nuisance conditions on the Nuisance Property.
Prior to City abatement, the Nuisance Property consisted of an abandoned, blighted, and fire- damaged single-story residential structure which had been the subject of repeated transient trespass and the source of numerous calls for service to law enforcement. The Nuisance Property was a serious collapse hazard due to the compromised and deteriorated structure from fire damage. All that remained on the Nuisance Property was a shell of a structure with exposed plumbing, electrical wires, charred interior surfaces. The fire that erupted at the Nuisance Property caused the roof, ceiling, and walls to be structurally unstable posing an imminent collapse hazard. These conditions compromised the safety of any entrants, including first responders, neighbors, and the public. The Nuisance Property was further blighted by the accumulation of junk, trash and fire debris, overgrown weeds and other vegetation, storage of a fire-damaged, inoperable vehicle, and lack of overall maintenance.
The Nuisance Property has been the subject of City code enforcement efforts since 2019, when the City observed overgrown vegetation on the Nuisance Property. For three (3) years pre- pery serena times an ae.
Abatement Warrant, the City inspected the Nuisance Property several times and issued Responsible Parties multiple notices ordering the correction of the violations. On July 16, 2019, the City issued Owner a Notice of Violation ("First Notice") for overgrown vegetation on the Nuisance Property ordering the immediate abatement of all nuisance conditions.
On June 18, 2020, while City staff was clearing a park near the Nuisance Property, they found unopened mail addressed to the Nuisance Property scattered around the park. City staff gathered the mail and delivered it to the Nuisance Property. The City employee observed that the Nuisance Property appeared to be vacant and abandoned and the dilapidated fence around the Nuisance Property had completely collapsed.
On June 19, 2020, the City issued to Owner a Notice of Public Nuisance ("Second Notice") for the overgrown vegetation and storage of an inoperable vehicle on the Nuisance Property. On July 16, 2020, the City conducted a follow up inspection of the Nuisance Property and observed the following nuisance conditions: overgrown, dead, and dry vegetation almost six feet tall in the front and back yards; storage of inoperable vehicles; and a broken fence. There was also evidence of transient trespass and occupation. The Nuisance Property appeared vacant and abandoned, so City staff hung a red door tag on the Nuisance Property asking the Owner and/or other interested parties to contact the City.
In July of 2020, the City was informed that the Nuisance Property had been listed on the market for sale. Thus, the City briefly paused enforcement activities and continued to monitor the Nuisance Property in hopes that the new owner would take possession and abate the nuisance conditions on the Nuisance Property. The City later learned that due to complications, the Nuisance Property was taken off the market and since sat in its current dilapidated and blighted condition posing fire and sanitation hazards. On April 22, 2021, a City inspector conducted a follow up inspection of the Nuisance Property and observed the continued presence of overgrown, dead, and dry vegetation, accumulation of trash and debris, dilapidated and broken fence, and an unsecured and broken screen door, which invites transient trespassers and criminal activity.
Since at least 2018, Exeter Police Department ("EPD") Officers have been dispatched to the Nuisance Property regarding reports of unauthorized transient trespass on at least tweive (12) different occasions, including a call for service made on April 27, 2021.
On July 24, 2021, the EPD was dispatched to the Nuisance Property due to a fire which had erupted at the Nuisance Property and engulfed the structure in flames. The fire is believed to have - 2 of 7-
been caused by transients illegally occupying the Nuisance Property. Upon their arrival, the EPD observed plumes of smoke emerging from the Nuisance Property. The flames also spread to the nearby residences causing heavy property damage and minor injuries to one of the neighbors.
Due to the fire, large burnt and charred pieces of the structure on the Nuisance Property were scattered creating a health and safety hazard to neighbors and the surrounding community.
Portions of the Nuisance Property had already collapsed due to the fire damage and the portions which remained standing were on the verge of imminent collapse. The conditions on the Nuisance Property continued to create fire hazards in the community in which another fire could erupt putting neighboring homes and human life in jeopardy. Further, given the age of the Nuisance Property, it was possible to contain asbestos in the floor tiles, ducts, ceiling, or roof. Thus, an asbestos assessment was necessary, and the asbestos had to be abated, if found on the Nuisance Property.
Prior to City abatement, the Nuisance Property served as a magnet and harborage for rodents and pests that can spread disease and cause health and safety hazards. The significant amount of trash, overgrowth of weeds and vegetation and lack of overall maintenance on the Nuisance Property also posed further fire and safety risks to neighboring property and pedestrians walking on the sidewalk adjacent to the Nuisance Property.
On November 22, 2021, the City issued and posted on the Nuisance Property a Notice and Order to Demolish ("Demolition N&O") to Owner and all legal interest holders. The Demolition N&O identified the unlawful conditions on the Nuisance Property and requested that all violations stated therein be abated by December 22, 2021 ("Compliance Deadline"). The Demolition N&O stated that if Owner failed to correct the unlawful conditions, the City would take steps to perform the abatement work itself at Owner's expense. The Demolition N&O also afforded all interested parties an opportunity to request for a hearing to dispute the Demolition N&O. The City received no request or communication from any interested parties.
The City's Demolition N&O, First Notice, Second Notice, and Red Door Tag Notice were more than sufficient to satisfy all pre-warrant Due Process requirements. Thus, the Owner received more than sufficient notice of, and an adequate opportunity to be heard on, this Abatement matter, yet chose to be noncompliant. Furthermore, the Compliance Deadline passed without any response from any party.
Since the initiation of the City's code enforcement efforts over three years ago, only the granddaughter of the Owner has contacted the City regarding the City's notices but merely to inform the City that no heir has the funds, means, or ability to abate the nuisance conditions on the Nuisance Property. The City has expended considerable effort to obtain compliance from Owner and any interested parties, but no one has come forth to accept responsibility for the Nuisance Property. Thus, the City obtained an Abatement Warrant from the Court to enter the Nuisance Property, demolish, and abate the nuisance conditions found herein.
Previous inspections of the Nuisance Property revealed the continuing presence of the following violations:
a. Blighted, Unsecured, Fire-Damaged, and Abandoned Residence which poses an Immediate Collapse Hazard. (EMC, §§ 8.24.010, 8.24.010(D)(1), 15.04.010, 15.16.010,
15.32.010.)
b. Abatement of All Non-Functioning Utility Boxes, Plumbing, Poles, and Wires. (EMC, §§
8.24.010, 8.24.040.)
C. Fire-Damaged and Inoperable Vehicle Stored on the Nuisance Property. (EMC, §§
8.24.010, 10.60.010.)
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Overgrown Weeds and Other Vegetation. (EMC, §§ 8.24.040(D)(2), (D)(6), 8.32.050; HaS, § 17920.3(a)(14), (c), (i).)
Accumulation of Junk, Trash, and Debris, including Demolition and Fire Debris. (EMC, §S
8.24.040(D)(1), (D)(5), (D)(6), (D)(8), 8. 16.060, 8. 16.070; H&S, § 17920.3(c), (i).) Potential Presence of Asbestos & Abatement, if Necessary. (EMC, §§ 8.24.010,
8.24.040(D); Has, § 17920.3(c).)
The City conducted a follow up inspection of the Nuisance Property on January 24, 2022 and verified the nuisance conditions still remained on the Nuisance Property along with the inoperable and fire-damaged vehicle which is registered to the deceased Owner.
Based on the fact that the Owner is deceased and cannot comply and interested parties had clearly expressed their lack of ability or interest in abating the Nuisance Property, it was imperative for the City to obtain an Abatement Warrant from the Court so that the City could abate the dangerous nuisance violations on the Nuisance Property in order to protect the public. The entire Nuisance Property was manifestly unsafe and posed a substantial collapse hazard. The transient activity at the Nuisance Property had already caused a dangerous fire and could lead to another fire if not abated. Furthermore, the trash, overgrown of weeds and vegetation, and lack of overall maintenance posed a further fire hazard as well as a rodent and pest harborage which constituted a significant health and safety hazard to the Nuisance Property and surrounding properties. As such, immediate authorization to abate these dangerous conditions was imperative to protect the welfare of the public. Unless the City was able to abate the nuisance conditions, it was apparent that the unlawful conditions on the Nuisance Property would continue to persist and worsen.
As the City's efforts to work with the interested parties to rehabilitate the Nuisance Property continued to fail, the City sought an Abatement Warrant to abate the dangerous nuisance conditions on the Nuisance Property to protect the public. It was determined that unless the City took further action, the unlawful conditions on the Nuisance Property would continue to persist and worsen, negatively impacting the health and safety of the community and the public.
Thus, on February 22, 2022, the City obtained an Abatement Warrant to enter, document, and abate the violations of law on the Nuisance Property. On February 23, 2022, pursuant to the Abatement Warrant, the City posted the Abatement Notice on the Nuisance Property providing the interested parties with 24 hours advance notice of the scheduled execution of the Abatement Upon expiration of the Abatement Notice, the City began executing the Abatement Warrant.
Pursuant to the Abatement Warrant, the City abated the nuisance conditions on the Nuisance Property. During that abatement, officials from several City departments and various contractors were present. They identified and abated the continuing violations of law on the Nuisance Property, such as the extreme fire damage and structural hazards that were causing further fire and health and safety hazards and creating public nuisances and dangers.
To abate the unlawful nuisance conditions on the Nuisance Property, the City and its specialized contractors demolished the fire-damaged structure; removed the fire-damaged inoperable vehicle; disconnected and removed all nonfunctioning utility boxes; conducted an asbestos survey and abated all asbestos found on the Nuisance Property; applied for and obtained a demolition permit; secured the Nuisance Property, including boarding-up and fencing; and abated all other nuisance conditions including the removal of weeds and trash, including fire and demolition debris on the interior and exterior of the Nuisance Property. The City provided all interested parties and occupants at least twenty-four (24) hours' notice of the execution of the Abatement Warrant, thus the interested parties and occupants were provided an opportunity to demolish, remove, dispose, and clean up all nuisance conditions on the interior and exterior of the Nuisance Property. - 4 of 7 -
The abatement process was completed on Thursday March 31, 2022. The abatement process required the collaboration and labor of various City officials and contractors to abate all the nuisance conditions on the Nuisance Property.
After completion of the abatement process, the City prepared and filed an Abatement Warrant Return with the Court.
Prior to this City Council meeting, the City issued Owner and all Responsible Parties a cost recovery invoice to further satisfy due process requirements under the EMC. The City posted the Cost Recovery Invoice on a conspicuous place on the Nuisance Property. The City also mailed the Cost Recovery Invoice to Owner and all Responsible Parties via both first-class mail and certified mail with return receipt requested.
After successful execution of the Abatement Warrant, the City now seeks to resolve this matter by recovering the nuisance abatement costs the City was forced to incur to demolish the Nuisance Property, as authorized by the California Government Code and the EMC.
Statutory Cost Recovery Rights & Cost Recovery Amount
The City is entitled to reimbursement of its nuisance abatement enforcement costs through a special assessment on the Nuisance Property. Government Code section 38773.5 and EMC section 8.24.130 authorize the levying of a special assessment against the Nuisance Property for recovery of the City's and the public's nuisance abatement costs they were forced to incur due to the interested parties' failure to maintain and expeditiously rehabilitate the Nuisance Property. By statute, a special assessment becomes a personal obligation of the property owner and a super- priority tax lien on the Nuisance Property. (Gov. Code, §§ 38773.5, 53935; Rev. & Tax. Code, § 2192.1; EMC, § 8.24.130.)
The City's unpaid abatement costs in this matter, including the costs to successfully obtain an Abatement Warrant from the Court to demolish the Nuisance Property and abate the violations present thereon to protect the community, total $71,441.01.
Explanation of Costs
Nuisance abatement actions, such as this action, are highly specialized and complex cases.
Additionally, these cases are typically used when all other more collaborative and expedient code enforcement methods have failed. As such, this type of action is rare and often requires cities to hire contractors and attorneys with special skills in this area, like the City did in this case. The contractors and attorneys engaged by the City here specialize in nuisance abatement actions and were retained by the City for that reason. The following paragraphs will describe with specificity some of the costs and time spent by City in this abatement action to protect the community's health and safety.
The City conducted preliminary assessment research to analyze abatement options for the Nuisance Property. The City's costs incurred in this matter include, but are not limited to: the nuisance abatement investigation and analysis; multiple inspections; analysis of property detail reports, a litigation guarantee, an updated litigation guarantee, and recorded documents to identify all interested parties; verifications of the nuisance conditions; analysis of the severity of the violations; assessment of the nuisance abatement options; consultation with City Prosecutors regarding compliance with the legal process and enforcement options; nuisance abatement feasibility analysis; preparation, mailing, and posting of the Abatement N&O; preparation of the Abatement Warrant packet; obtaining the Abatement Warrant from the Court; preparation, mailing, and posting of abatement notice; preparation and filing of the Abatement Warrant Return; conducting multiple inspections of the Nuisance Property to identify, verify, and confirm the full extent of the dangerous conditions and violations of law; issuance of several notices of violation, - 5 of 7-
including an Abatement N&O; communications with Responsible Parties to gain compliance; communication with different State and local agencies such as the Exeter Police Department, the Exeter Code Enforcement Department, the Exeter Public Works Department, City maintenance staff, and third party contractors regarding coordination and execution of the Abatement Warrant; successfully demolishing the Nuisance Property and abating the unlawful conditions present thereon to protect the community; ongoing communications with the City Prosecutor's Office regarding due process, proper disposal of property, mitigation of loss, lack of Responsible Parties' cooperation; protecting and securing the City's cost recovery rights; and processing of the special assessment.
The City prepared an Abatement Warrant application packet consisting of an application, a memorandum of points and authorities, a declaration by a City inspector, a proposed warrant, a warrant execution notice, and a warrant return. The Abatement Warrant packet was submitted to the Court for approval. Abatement was then noticed and executed In executing the Abatement Warrant, the City coordinated with various State and local agencies, including the Public Works Department, the Exeter Code Enforcement Department, the Exeter Police Department, City maintenance staff, and contractors in order to ensure availability, attendance, and participation at the abatement and coordinated delegation and division of labor during the abatement process. During the abatement, officials from the various agencies documented, photographed, and abated the violations of law on the Nuisance Property.
To abate the unlawful nuisance conditions on the Nuisance Property, the City and its specialized contractors demolished the fire-damaged structure; removed the fire-damaged inoperable vehicle; disconnected and removed all nonfunctioning utility boxes; conducted an asbestos survey and abated all asbestos found on the Nuisance Property; applied for and obtained a demolition permit; secured the Nuisance Property, including boarding-up and fencing; and abated all other nuisance conditions including the removal of weeds and trash, including fire and demolition debris on the interior and exterior of the Nuisance Property.
Upon completion of the abatement, the City prepared, filed, and submitted an Abatement Warrant Return to the Court. • The City then conducted a follow-up analysis regarding the scope and severity of the remaining violations, further monitoring of the Nuisance Property, and the City's nuisance abatement and enforcement options in the event the interested parties failed to maintain the Nuisance Property. Upon completion of the abatement, the City proceeded with this action to recover the public's nuisance abatement costs incurred.
For this cost recovery action, the City ordered and analyzed a Litigation Guarantee, an updated litigation guarantee, property detail reports, and recorded documents for the Nuisance Property to identify all interested parties, and prepared, mailed, and posted the Cost Recovery Invoice informing all interested parties that the City seeks recovery of its costs incurred in this nuisance abatement action against the Nuisance Property. The Cost Recovery Invoice listed the date, time, and place of this City Council Hearing and identified the amount the City seeks to confirm as a special assessment on the Nuisance Property.
All the costs incurred by the City in this nuisance abatement action were reasonable, and were solely necessitated by the interested parties' failure to maintain and expeditiously rehabilitate the Nuisance Property. Property owners and interested parties have a legal obligation to maintain their private property and to keep it safe such that it does not present a danger to the community.
If the City is forced to invest public resources to pursue abatement of nuisances on private property, the public is entitled to recover those nuisance abatement and enforcement costs.
Failure to recover those costs would double victimize the community by making the public pay for the enforcement action to alleviate the dangerous nuisance conditions to which the community was the victim, and would be tantamount to a gift of public funds for the improvement of private property benefiting the uncooperative property owners. Accordingly, the City hereby requests - 6 of 7-
that the City Council confirm and approve the recovery of the City's nuisance abatement costs in this matter in the amount of $71,441.01 and approve the levying of that amount as a special assessment on the Nuisance Property.
Fiscal Impact: This action will reimburse the City for the public's costs incurred as a part of the City's nuisance abatement enforcement against the Nuisance Property. The recovery of nuisance abatement costs is critical to the City's long-term ability to protect the public from the development of dangerous conditions on private property, to protect the public's use and enjoyment of their property in the City, and to protect the safety, aesthetics, and property values of real property throughout the City. The City only pursues nuisance abatement enforcement actions as a last resort after the interested parties have been notified, given an opportunity to voluntarily cure the violations, and have proven uncooperative to the point of the public's detriment.
Prior Council Action: None.
Attachments:
1. Before And After Photos.
2. Nuisance Property Grant Deed
3. Nuisance Property Cost Recovery Invoice.
Recommended motion to be made by the Council: I move to confirm the nuisance abatement cost recovery amount of $71,441.01, and to approve the levying of a Special Assessment for that amount on the nuisance property at 352 South G. Street in order to recover the Cit's costs incurred abating the public nuisances on that parcel.
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Before Photos
After Photos
ECORDINS REQUESTED BY 92-0841531 Rec Fee 5.00
TTX 38.50
Recorded Check 43.50
Official Recorda
D MAIN RECOM County of
TuLare
manal Evelyn I. Baker Nadine Svoboda
352 So. G. Street Recorder
3:00am 17-Nov-92 CHIC FR 1
Exeter, Ca. 93221
Tie Order N....415070 s strom lo... This rooce for Rucordie/s un Grant Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $ 38,50
_unacorporated arta X City of Exeter.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CLYDE CAMPBELL, KENNITH CAMPBELLİ LENORA ROGERS AND LYNE STOCKTON,/ ake Kenith Campbel1 aka Alyne Stockton
hereby CRANT(S) 1o EVELYN I. BAKER, AN UNMARRIED WOMAN
The following descrAd real praguery in the CITY OF EXETEN • slate of California:
Lots 11 and 12 in Block 60 of the city of Exeter, in the county of Tulare, state of California, as per map recorded in book 2, page 52 of maps in the office of the county recorder of said county.
Dared: Hovember. 3, 1992 I Campbell
«STATEOF CALFORN
Witnes: Tim Tashfian
_ repides in _Tulare County
WITHR8& dude Campbell, Rentch Caspsa loser & Alyne Stockton - to be ihe same person B .. described in
and whose neme are ubscribed to the within and annexas
CHICAGO TITLE instruments as their Por EILEEN DALY
exerc end deliver the same, and Chey acknowtodeed to NOTARY PUBUC said affant that they executed the sume; and that saud TULARE COUNTY, CALIFORNA My Combsion Brains Now. 12.1964 F. 2471 R 4/83
Elleen Daly
Nouary Public in eid fer beid County and Stre POM NOTANY BKA OB STAUR.
City of Code Enforcement
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
EXETER Ph. #559-592-3318 Fax.# 559-592-3516
PROTECTING, PRESERVING,
AND PROMOTING
SHALL TOWN ANERICA
CITY OF EXETER
NUISANCE ABATEMENT
COST RECOVERY INVOICE
DELIVERED VIA POSTING ON NUISANCE PROPERTY, AND FIRST-CLASS MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, To INTERESTED PARTIES AND THE NUISANCE PROPERTY Date: November 1, 2022
Nuisance Property: 352 South G Street
Exeter, California 93221
APN 135-091-005-000
Abatement Costs: $71,441.01
Payment Deadline: December 16, 2022 (45 days)
Payment Address: Exeter Public Works Department, PO Box 237, Exeter, California 93221.
Council Hearing Date & Time: January 10, 2023 at 7:00 p.m.
Council Hearing Location: Exeter City Hall Council Chambers, 137 North F Street, Exeter, California 93221.
Interested Parties:
Evelyn L. Baker
All Other Persons Claiming a Legal Interest
352 South G Street
Exeter, California 93221
To All Interested Parties:
NOTICE IS HEREBY GIVEN that, pursuant the Exeter Municipal Code ("EMC) and the California Government Code, the City of Exeter ("City") hereby seeks to recover its fines, costs, expenses, fees, and attorneys' fees (Abatement Costs") incurred as part of the City's nuisance abatement enforcement efforts against the parcel of real property located at 352 South G Street, Exeter, California 93221, Assessor's Parcel Number 135-091-005-000 ("Nuisance Property").
The City's unpaid Abatement Costs in this matter total $71,441.01. You must pay the balance owed to the City no later than the close-of-business on the 45th day after the mailing of - 1 of 2 -
City of Code Enforcement
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
EXETER Ph. #559-592-3318 Fax. # 559-592-3516
SHETEL TONI ANEICH
this Invoice. Payment must be made payable to the "City of Exeter" and must be remitted to City of Exeter, PO Box 237, Exeter, California 93221.
NOTICE IS FURTHER GIVEN that if the Abatement Costs are not paid in full as required by law, they will remain a personal obligation of the liable parties, but a lien or special assessment may also be recorded and charged against the Nuisance Property. As required by State law, notice is hereby given that the Nuisance Property may be sold after three years by the County of Tulare tax collector for unpaid delinquent assessments.
NOTICE IS FURTHER GIVEN that any party with a legal interest in the Nuisance Property may appear at the City Council hearing that has been scheduled for January 10, 2023, at 7:00 p.m. at the Exeter City Hall Council Chambers located at 137 North F Street, Exeter, California 93221. At the City Council hearing, any party with a legal interest in the Nuisance Property may contest the amount of these Abatement Costs. Failure to appear at the City Council hearing to contest the amount shall constitute a failure to exhaust your administrative remedies Questions regarding this Invoice may be directed to the City's Public Works Director, Daymon Qualls, at 559-592-3318.
Mr. Daymon Qualls
Public Works Director
CITY OF EXETER
- 2 of2 -
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2023
For action by:
Agenda Item Number: 12 X City Council
Wording for Agenda: Presentation, discussion, and consideration of an entrance/exit sign to Downtown Exeter as the Exeter Kiwanis Regular Session:
100th Anniversary project. Consent Calendar
X Regular Item
Submitting Department: Administration Public Hearing
Contact Name: Adam Ennis, City Administrator Review:
Phone Number: (559) 592-4539
Email: [email protected]
City Administrator
(Initials Required)
Department Recommendation:
Staff recommends that the Council receive the presentation and consider an entrance/exit sign to Downtown Exeter as the Exeter Kiwanis 100th Anniversary project.
Summary/Background:
The Exeter Kiwanis will be celebrating its 100th anniversary in 2023 and has been searching for a community project in commemoration of their anniversary. The Exeter Kiwanis found that many years ago there was an entrance/exit sign on Kaweah Avenue and have decided that they would like to re-create that sign at the intersection of Pine and B Streets for their 100th Anniversary Project. They have obtained photos of the original sign and plan to make some minor adjustments from the original. A couple of Kiwanis members will attend the meeting to make a presentation to Council for consideration. The Kiwanis would like to get an approval from the Council before they begin putting in the time, effort and cost to put the project together.
The Council could consider an initial approval and ask that the Kiwanis come back to Council with updates as they progress through the process.
Fiscal Impact: Minor staff time to assist with the project.
Prior Council/Board Actions: None
Attachments: None
Recommended motion to be made by Council/Board: I move for initial approval of the Exeter Kiwanis beginning to put the project together and that they come back to Council with updates as they progress through the process.
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2022
For action by:
Agenda Item Number: 13 X City Council
Planning Comm.
Wording for Agenda: PUBLIC HEARING to introduce and give first Regular Session:
reading Ordinance 710 Amending Title 17 of the Exeter Municipal - Consent Calendar Code by adding text amendments to Section 17.24.02 and Section Regular Item
11.24.04 of the Exeter Zoning Ordinance, to add "M (Medicinal) - _X_ Public Hearing ype 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Review:
Ordinances" to the permitted use list of the CC (Central Commercial) district and replace "marijuana dispensaries" with City Administrator "Marijuana/cannabis uses not expressly authorized and regulated by (Initials Required) the City of Exeter Code of Ordinances" on the list of prohibited uses of the CC (Central Commercial district.
Submitting Department: Planning Department
Contact Name: Greg Collins, City Planner and
Tristan Suire, City Planner
Phone: 559- 734-8737
Email: [email protected], [email protected]
Department Recommendation:
Staff recommends that the City Council introduce and give first reading of Zoning Ordinance 710 Amending Title 17 of the Exeter Municipal Code by adding text amendments 17.24.02 and Section 17.24.04 of the Exeter Zoning Ordinance, to add "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section
8.50 of the Exeter Code of Ordinances" to the permitted use list of the CC (Central Commercial) district, as well as a text amendment to Section 17.24.04 of the Exeter Municipal Code to replace "marijuana dispensaries" with "Marijuana/cannabis uses not expressly authorized and regulated by the City of Exeter Code of Ordinances" on the list of prohibited uses of the CC (Central Commercial district.
Summary:
The City has received a request to operate a treatment center providing medically prescribed cannabis products to terminally ill children and disadvantaged adults. Currently, medical cannabis treatment centers are not permitted in the CC (Central Commercial) district, and specifically "marijuana dispensaries" are prohibited. Therefore, the applicant has requested text amendments to the Zoning Ordinance to add the use "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances" to the list of permitted uses in the CC (Central Commercial) district. The intent of the amendment is to allow the applicant to process their request for a treatment center located on property currently zoned for Central Commercial uses, by filing for a business license and a Cannabis Regulatory Permit. The Central Commercial district is intended to serve as the financial, government, retail, and entertainment center of Exeter.
Background and Discussion:
The City staff initiated the text amendment to the Zoning Ordinance in order to allow the permitted use "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances" within the Central Commercial district. This amendment, in conjunction with Section 8.50, would allow the applicant to submit an application for a Cannabis Regulatory Permit and business license to operate a treatment center within the Central Commercial district. The Central Commercial district does not currently permit cannabis treatment centers, nor are cannabis treatment centers permitted in any other district within the City of Exeter. The proposed text amendment will also distinguish cannabis treatment centers from "Medical clinics" which are already permitted within the CN (Neighborhood Commercial) district. See below, outlined in black the existing Central Commercial districts within the City.
City of Exeter Zone Map
The Central Commercial district is located in the urban center of the City and is bounded by property zoned CS (Service Commercial) to the west and south. To the east there is property zoned O (Open Space). Property to the north and southeast is zoned for PO (Professional Office) use, as well as residential zoning of various densities.
Conclusion:
Staff recommends that the Exeter City Council introduce and give first reading of Zoning Ordinance 710 Amending Title 17 of the Exeter Municipal Code by adding text amendments
17.24.02 and Section 17.24.04 of the Exeter Zoning Ordinance, to add "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section
8.50 of the Exeter Code of Ordinances" to the permitted use list of the CC (Central Commercial) district, as well as a text amendment to Section 17.24.04 of the Exeter Municipal Code to replace "marijuana dispensaries" with "Marijuana/cannabis uses not expressly authorized and regulated by the City of Exeter Code of Ordinances" on the list of prohibited uses Facts:
Applicant: City of Exeter Planning Staff
Location: The Zoning Ordinance Amendment will impact all properties zoned for CC (Central Commercial) use within the City.
Request: The applicant is requesting a text amendment to the zoning ordinance to add "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances" to the list of permitted uses in the CC (Central Commercial) district and replace "marijuana dispensaries" with "Marijuana/cannabis uses not expressly authorized and regulated by the City of Exeter Code of Ordinances" on the list of prohibited uses. This amendment would allow the applicant to process their request for a business license.
Design: The request by the applicant deals solely with the text amendment to the Zoning Ordinance, this action does not entail any development or alteration of existing design on any property located within the City of Exeter.
Use: The Central Commercial district is characterized by a variety of retail, restaurants and office uses.
Site: The zoning ordinance amendment would apply to all seventy-three (73) lots zoned for Central Commercial uses within the City, primarily located along Pine, Maple, and Palm Streets in the downtown heart of the city, just northeast of the geographic center. See pictured from above (Central Commercial outlined in red):
Zone: The current zoning is CC (Central Commercial), development standards for this district are as follows:
Front Yard: 0 feet
Side Yard: 0 feet
Rear Yard: 0 feet
Parking: based on land use
Gen. Plan: The area zoned Central Commercial is also largely designated "Central Commercial" by the Land Use Element.
Land Use: The land use varies, many properties in the CC district are developed and used for commercial purposes including various restaurants and bars, antique stores, medical offices, and banks.
Infrastructure: The area zoned Central Commercial includes an 8" water line along Pine and Palm Streets, and 6" sewer lines located along F Street and through several alleys. Curb, gutter, and sidewalk improvements along the public right-of-way on all major streets, with drop inlets at the corners of most blocks to an 18" storm drain pipeline underneath F Street.
Landscaping: The area zoned Central Commercial includes street trees and other landscape features especially along E, Pine, and Maple Streets. The proposed zoning ordinance amendment would not have any impact on existing or proposed landscaping.
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: Ordinance 710
Recommended motion to be made by Council: I move to introduce and give first reading Ordinance 710 Amending Title 17 of the Exeter Municipal Code by adding text amendments to Section 17.24.02 and Section 17.24.04 of the Exeter Zoning Ordinance, add "M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances" to the permitted use list of the CC (Central Commercial) district and replace "marijuana dispensaries" with "Marijuana/cannabis uses not expressly authorized and regulated by the City of Exeter Code of Ordinances" on the list of prohibited uses of the CC (Central Commercial district, read by title only, and waiving further reading in full.
ORDINANCE 710
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 - ZONING, OF THE EXETER MUNICIPAL CODE, BY ADDING TEXT AMENDMENTS TO SECTIONS 17.24.02 AND 17.24.04 - C-C, CENTRAL COMMERCIAL DISTRICT
The City Council of the City of Exeter does ordain as follows:
Section 1. The City Council of the City of Exeter hereby amends Title 17 - Zoning, of the Exeter Municipal Code, by amending the text of Chapter 17.24, Sections 17.24.02 Permitted Uses and 17.24.04 Prohibited Uses; and
Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Municipal Code is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.
Section 5. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions or this ordinance.
Section 6. The City Council of the City of Exeter hereby codifies the amendments made to Chapter 17.24 of Title 17 (CC Zone (Central Commercial)) attached in Exhibit "A" of this Ordinance.
Text additions are shown in underline format. Text deletions are shown in strikeout format (i.e., strikeout). Changes in text are shown in bold.
The foregoing Ordinance 710 was considered by the City Council of the City of Exeter upon a motion of Council member _ _ second by Council member _ at a regular meeting of the Exeter City Council on the 10" day of January 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mayor
ATTEST:
Deputy City Clerk
Exhibit "A"
"17.24.02 Permitted Uses
A. Professional offices.
B. Parking lots.
C. Retail stores and service establishments.
D. Apparel, shoe, and jewelry stores.
E. Art and antique stores; art galleries, art supply stores, and art and craft schools.
F. Automobile sales, new vehicles.
G. Automobile supply stores.
H. Bakery, food, and dairy product stores.
I. Banks and other lending institutions.
J. Barber and beauty shops.
K. Coffee, candy, florist, tobacco and health food stores.
L. Department, drug, and appliance stores.
M. Fire and police stations.
N. Hardware stores.
O. Hotels and motels.
P. Liquor stores and bars.
Q. Locksmiths.
R. Florists.
S. Farm equipment sales and service.
T. Mortuaries.
U. Restaurants, coffee shops and delicatessens.
V. Theaters and auditoriums.
X. Garden shops.
Y. Music and dance studios.
Z. Reproduction and printing centers.
AA. Glass stores with incidental repair and service.
BB. Apartments over or behind permitted uses consistent with the standards of the RM-1.5 district.
CC. M (Medicinal) - Type 12 Microbusiness, Medical Cannabis Treatment Center consistent with all provisions of Section 8.50 of the Exeter Code of Ordinances.
DD. Other uses that are added to this list by the Planning Director consistent with Chapter 17.02 General Provisions."
"17.24.04 Prohibited Uses
A. Adult book stores.
B. Marijuana dispensaries. Marijuana/cannabis uses not expressly authorized and regulated by the City of Exeter Code of Ordinances.
C. Sexually-oriented businesses.
D. Tattoo parlors.
E. Palm readers and fortune tellers."
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2023
For action by:
Agenda Item Number: 14 X City Council
Wording for Agenda: Discussion and direction for appointment or re-appointment of Pamela Whitmire and Jose Lopez to Planning Regular Session:
Commission due to current terms of these two positions expiring at Consent Calendar the end of January of 2023 and consideration of applicants to X Regular Item appointment to Planning Commission vacancy to the short-term Public Hearing ending January 2025.
Review:
Submitting Department: Administration City Administrator Contact Name: Adam Ennis, City Administrator (Initials Required) Phone Number: (559) 592-4539
Email: [email protected]
Department Recommendation:
Staff recommends that Council discuss and provide staff direction for the appointment or re- appointment of Planning Commissioners due to current terms of two positions expiring at the end of January of 2023 and consideration of applicants to appointment to Planning Commission vacancy to the short-term ending January 2025.
Summary/Background:
At the end of January of 2023 two Planning Commissioners, Pamela Whitmire and Jose Lopez, have their current terms expiring. Both Ms. Whitmire and Mr. Lopez have expressed a willingness to be re-appointed to the Planning Commissioner positions if it is the Council's desire. Alternatively, Council could choose to appoint other members of the community to the positions through individual selection or advertising and interviews.
In addition to the above terms ending, a vacancy exits on the Planning Commission due to the recent election of Vicki Riddle to the Exeter City Council. Theretore, on December 16, 2022, City staff solicited applications on the City's website and City's Facebook to fill the short-term vacancy. The City received four (4) applications from Troy Staib, Alicia Handley, Jeff Friedman and Nancy Becker by the due date of Tuesday, January 3, 2023. Council may appoint one of the applicants, or delay appointment and direct staff to solicit additional applications for consideration to allow other applicants that may be interested to apply.
Pursuant to City of Exeter Ordinance §2.16.020, appointments for new members to the Planning Commission are done by the Mayor with approval of the Council. Appointment to the terms expiring will be for a four-year term ending January 2027 and the appointment to the vacancy will be a short-term ending January 2025.
Fiscal Impact: None
Prior Council/Board Actions: City Council has made the previous appointments to the Planning Commission.
Attachments: Planning Commission Vacancy - Applications for Consideration Recommended motion to be made by Council/Board;
1.) I move to re-appoint Pamela Whitmire to a new 4-year term on the Planning Commission.
2.) I move to re-appoint Jose Lopez to a new 4-year term on the Planning Commission.
3.) I move to appoint to the vacancy on the Planning Commission with the short-term ending January 2025.
AND/OR,
3.) I move to provide staff direction for appointment to fill the Planning Commissioner positions with current commissioner terms expiring January 2023 and the vacancy with the short-term ending January 2025.
CITY OF EXETER
100 North C Street - P.O. Box 237 - Exeter, CA 93221
(559) 592-9244 - Fax (559) 592-3556
Planning Commission Vacancy - Application for Consideration Name: NANCY BECKER Date: 12/30/2022
Street Address:
Mailing Address: SAME
Phone: Email: _
How long have you lived in Exeter? 22 YEARS
Occupation: RUSNESS DINER
Professional and/or Community Activities: PRESIDENT- EXETER GRESEN CUB NEN MEMPOSE - MURAL COMMITTEE - PAST - BOL/CO SCOUTS; PTO, signature: 4 ancy c. icke
On a separate sheet, please provide a statement (no more than a single page) that describes your interest in the position, the knowledge/skills/abilities that you feel make you a strong candidate for the position, and any additional information that you think will be helpful in evaluating your suitability for the position.
Please return by January 3, 2023 to:
In Person: 137 North F Street, Exeter (10:00 a.m. - 2:00 p.m. Monday through Friday) Mail: City of Exeter, Attn: City Clerk, P.O. Box 237 Exeter, CA 93221 Email: [email protected]
Nancy Becker
Exeter, CA 93221
12/30/2022
RE: Letter of Interest for open seat on Planning Commission To whom it may concern:
I am extremely interested in filling the open position on the planning commission. Funny story: I actually didn't know what the planning committee did until about 2009 when my oldest son was working on a required Boy Scout merit badge and we attended a city council meeting. The issue was whether a homeowner was allowed to build a second unit in her backyard, 1 was hooked. So was my son, we stayed the whole meeting to hear all sides then followed the issue to see how it turned out.
My husband and I moved to Exeter in the fall of 2000 after spending years moving around while he served in the Army. We lived in and visited towns on the east coast, Germany, the Midwest, and our California coast; moving as we did, I was able to live in and experience towns that were planned well and those that could have done better. I've seen downtowns that were abandoned and urban sprawl that went unchecked.
I have a degree in Interior Design from Cal Poly SLO which touched on urban planning as well as architecture.
Having grown up in Lindsay then returning after being gone for 15 years it was an easy choice to move to Exeter when we were looking for our forever town. It reminded me greatly of the Lindsay of my childhood, the one that is now lost. I look forward to the possibility of helping Exeter remain the vibrant community it is.
Sincerely,
Nancy Becker
CITYOF EXETER
EXETE
100 North C Street - P.O. Box 237 - Exeter, CA 93221
(559) 592-9244 - Fax (559) 592-3556
Planning Commission Vacancy - Application for Consideration Name: Weff friedman Date: 1-3-2023
-
Street Address:
Mailing Address: SAME AS ABOVe
Phone: Email:
How long have you lived in Exeter? 6'b Years
Occupation: Retired — Small bussiNess owNer -Pro tech Bachow Senorces Professional and/or Community Activities: Valley County curter ASSN. y Americal wader wonts BESN
signature: el a fiedmun
On a separate sheet, please provide a statement (no more than a single page) that describes your interest in the position, the knowledge/skills/abilities that you feel make you a strong candidate for the position, and any additional information that you think will be helpful in evaluating your suitability for the position.
Please return by January 3, 2023 to:
In Person: 137 North F Street, Exeter (10:00 a.m. - 2:00 p.m. Monday through Friday) Mail: City of Exeter, Attn: City Clerk, P.O. Box 237 Exeter, CA 93221 Email: [email protected]
Hello, my name is Jett Friedman I am very interested in the vacancy on the Planning commission.
I am very interested in the planning of zoning and future development of our beautiful city, some of my past work experience that I fell will be helpful doing this are:
1. Graduate of Leadership Porterville 1996
2. Steering committee Leadership Porterville 1997
3. 1998-2012 City of Porterville Water Systems Specialist, in charge of all water production and quality for the city. I set on the project review committee meetings held weekly for all building projects taking place in the city, also worked on committee for all municipal well and water system
projects to make sure we had water to allow future
development.
4. 2012-2021 Del Oro Water Company Assistant Water
Superintendent, in charge of 9 drinking water systems in Tulare-Fresno-Kern Counties with a crew of two workers
under me.
5. 2014-present owner of a small business Pro Tech Backflow Services, Testing, repairing Backflow Devices in Tulare County
6. I currently hold a D-5, T-2 water Certification with State Water Board and Cross Connection Control Specialist and Backflow Tester certification with the AWWA.
| look forward to hearing from you
Jeff Friedman
CITY OF EXETER
EXETER KhO
100 North C Street - P.O. Box 237 - Exeter, CA 93221
(559) 592-9244 - Fax (559) 592-3556
Planning Commission Vacancy - Application for Consideration Name: Alicia Handley Date: 12/28/2022
Street Address:
Mailing Address: Same
Phone: Email:
How long have you lived in Exeter? 45 years.
occupation: Dir of Relentless Wow @ Harvest Wealth Group Professional and/or Community Activities: Event Planner Coordinator, Board Membr for Church of Ged af Exeter, and Exeter Ag Boosters, Measure l Committee Signature:
On a separate sheet, please provide a statement (no more than a single page) that describes your interest in the position, the knowledge/skills/abilities that you feel make you a strong candidate for the position, and any additional information that you think will be helpful in evaluating your suitability for the position.
Please return by January 3, 2023 to:
In Person: 137 North F Street, Exeter (10:00 a.m. - 2:00 p.m. Monday through Friday) Mail: City of Exeter, Attn: City Clerk, P.O. Box 237 Exeter, CA 93221 Email: [email protected]
December 28, 2022
RE: City of Exeter Planning Commission Vacancy
Letter of Interest - Alicia Mae Handley
Dear Commissioners,
I would like to express my interest in the Vacancy for the Planning Commission. I was born here in Exeter and have lived in the area for 45 years. I work here, shop here, send my children to school here, and serve this community in many capacities.
I would appreciate your consideration as you look to fill this Vacancy.
Truly yours,
al:
Alicia Handley
CITY OF EXETER
AX5TEE
100 North C Street - P.O. Box 237 - Exeter, CA 93221
(559) 592-9244 - Fax (559) 592-3556
-
Planning Commission Vacancy - Application for Consideration Name: 12e Stand Date: 12/20/22
Street Address:
Mailing Address: ExErsa. CA. 93221
Phone: L Email:
How long have you lived in Exeter? Z Vis
Occupation: Here Environmental Sorer Manager.
Professional and/or Community Activities:
Signature:
On a separate sheet, please provide a statement (no more than a single page) that describes your interest in the position, the knowledge/skills/abilities that you feel make you a strong candidate for the position, and any additional information that you think will be helpful in evaluating your suitability for the position.
Please return by January 3, 2023 to:
In Person: 137 North F Street, Exeter (10:00 a.m. - 2:00 p.m. Monday through Friday) Mail: City of Exeter, Attn: City Clerk, P.O. Box 237 Exeter, CA 93221 Email: [email protected]
Exeter Planning Commission
Re: Planning Commission Vacancy
Troy Staib
I believe l am a qualified candidate for filling the vacant position on the planning commission because of my unique qualifications.
In 2018 I worked with the City of Bakersfield in conducting rezoning of agricultural land into residential/commercial properties that would be used for residential development as well as commercial retail growth. We did accomplish this with the desired result.
As a safety manager with 20+ years' experience, I've had the opportunity to investigate many incidents. ! investigate with an analytical approach, open mind and always looking for ways to improve processes and procedures. Also balancing the needs with the wants of our organization.
I feel I could add benefit to the city of Exeter by bringing a fresh prospective, meaningful insight and conservative values to the table.
2:23/22-
City of Exeter
Agenda Item Transmittal
Meeting Date: January 10, 2023
For action by:
Agenda Item Number: 15 X City Council
Regular Session:
Wording for Agenda: Review and discussion to select and update Consent Calendar City Council representation on outside Agency Boards and X Regular Item Committees. Public Hearing
Submitting Department: Administration Review:
Contact Name: Shonna Oneal, City Clerk
Adam Ennis, City Administrator Cial Requireo
Phone Number: 559-592-9244
Email: [email protected]
[email protected]
Department Recommendation:
Staff recommends the Council review and consider selections and update representation on the outside Agency Boards and Committees list.
Summary/Background:
On December 13, 2022, following the November election, the Council reviewed and discussed City Council representation on various outside Agency Boards and Committees. The list showing the updated selections for the outside Agency Board and Committee assignments is attached hereto. One assignment that the Council was not able to confirm was the board member position for the Tulare County Regional Transit Agency (TCRTA). The Council approved the assignment of Councilmember Riddle to the Tulare County Association of Governments (TCAG) board member position, and she had also expressed interest in the TCRTA board member position but the Council was uncertain if these two assignments would create a conflict or not. Staff spoke with Ted Smalley at TCAG, and he confirmed that Councilmember Riddle could sit in both of these board member positions simultaneously. However, he did indicate that Councilmember Riddle would not be able to continue serving as the At-Large board member for TAG. With this information the Council can finalize its appointments to the positions.
City staff will notify the Boards and Committees of changes, if any, in representation. The City Council representative will be added to the email distribution list of the applicable Boards and Committees to be notified of meetings and to receive agenda materials.
Financial Impact: None.
Prior Council/Board Actions: Previous appointments to outside Agency Boards and Committees.
Attachments: Current Outside Agency Board and Committee assignments list Recommended motion to be made by Council/Board: I move to select the representatives for each Agency Board/Committee as discussed
Exeter City Council
*KETER
Assignments to Boards and Committees
(Approved December 13, 2022)
Council of Cities (Third Wednesday at 3:00 p.m. in Visalia - every other month) Primary Representative: Mayor Alves
Alternate Representative: Mayor Pro Tem Mills
Staff Representative: City Administrator Adam Ennis
hamber of Commerce Liaiso (Third Wednesday of each month at 4:00 p.m. in Exeter) Primary Representative: Council Member Riddle
Alternate Representative: City Administrator Adam Ennis San Joaquin Valley Air Pollution Control District - Special Selection Committee (As needed in Fresno) Primary Representative: Mayor Pro Tem Alves
Alternate Representative: Public Works Director Daymon Qualls Tulare County Economic Development Corporation - Board of Directors (Fourth Wednesday of each month at 7:30 a.m. in Visalia at the Workforce Development Board) Primary Representative: Council Member Sally
Alternate Representative: City Administrator Adam Ennis Tulare County Association of Governments Board & Tulare County Transportation Agency (Third Monday of each month at 1:00 p.m. - Rotating locations within Tulare County) Primary Representative: Council Member Riddle
Alternate Representative: Mayor Pro Tem Mills
Tulare County Regional Transit Agency Board - (Third Monday of each month at 3:00 p.m. - Tulare County Board of Supervisors Chambers or Via Zoom)
Primary Representative:
Alternate Representative:
Greater Kaweah Sustainable Groundwater Agency - Rural Communities Committee (Last Monday each month at 1:30 p.m. in Farmersville)
Primary Representative: Council Member Sally
Alternate: City Administrator Adam Ennis
Tooleville Ad Hoc Subcommittee (Varies; Averages 2x per month; Virtual) Primary Representatives: Mayor Alves
Mayor Pro Tem Mills