Agenda packet — Exeter City Council, May 23, 2023

EXETER CITY COUNCIL ACTION MINUTES
May 9, 2023
A closed session of the City Council, City of Exeter was held on Tuesday, May 9, 2023, at 6:30 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Frankie Alves, Justin Mills, Jacob Johnson, and Vicki Riddle.

COUNCIL ABSENT: Barbara Sally
STAFF PRESENT: Adam Ennis, Julia Lew, and Shonna Oneal
A. CALL TO ORDER CLOSED SESSION
Mayor Alves called the closed session to order at 6:30 p.m.

B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Mayor Alves requested those who wish to speak on matters listed on the Closed Session Agenda to do so at this time.

There were no public comments presented.

C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S):

Mayor Alves adjourned to closed session at 6:30 p.m.

1. 54956.9(d)(4) Conference with Legal Counsel Re: Potential Initiation of litigation by the City:

One (1) case

2. 54956.95 Consideration of Liability Claim
Claimant: Janette York
Claim Against: City of Exeter

3. 54957.6 Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Group: Finance Director
A regular session of the City Council, City of Exeter was held on Tuesday, May 9, 2023, at 7:06 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Frankie Alves, Justin Mills, Jacob Johnson, and Vicki Riddle.

COUNCIL ABSENT: Barbara Sally
STAFF PRESENT: Adam Ennis, Julia Lew, Daymon Qualls, Shonna Oneal, Christina Arias, and John Hall D. CALL TO ORDER REGULAR SESSION AND REPORT ON CLOSED SESSION ITEMS (if any) layor Alves called the regular session to order at 7:06 p.m. City Attorney Julia Lew reported on a motion mac y Mayor Pro Tem Mills, seconded by Council Member Riddle and carried 4-0 (Council Member Sally absent to deny the claim submitted by Janette York.

E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Riddle and an invocation was given by Police Chief Hall.

F. PUBLIC COMMENTS:

Mayor Alves requested those who wish to speak on matters that are not on the agenda that are within the jurisdiction of the Exeter Council, or to address or request a matter be pulled from the consent calendar to do so at this time.

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 2, May 9, 2023
Pamela Whitmire addressed the Council to provide an update on SB 7 provided information regarding the bill.

Jennifer Stimpel Director of Exeter Community Preschool addressed the Council to express concerns regarding inappropriate use of the City Park that is located across the street from her facility.

Jennifer Schell of TNT Fireworks addressed the Council to introduce herself to the Council and to thank them for their support in the approval for the fireworks fundraiser permitting.

Jose Martinez addressed the Council regarding Item 8 on the consent calendar and provided insurance information to City Administrator Adam Ennis.

G. SPECIAL PRESENTATIONS (if any): Proclamation in honor of Public Works Week May 21 - May 27, 2023. Public Works Director, Daymon Qualls discussed Public Works Week and Mayor Alves presented the proclamation.

H. CONSENT CALENDAR:

It was moved by Council Member Mills, seconded by Council Member Riddle, and carried 4-0 (Council Member Sally absent) that the items on the Consent Calendar be approved as presented.

1. Approve regular minutes of April 25, 2023

2. Payment of Bills

3. Payroll April 14, 2023 & April 28, 2023

4. Approval to issue permits to four (4) applicants including; The Bridge Church, EUHS Band Boosters, Exeter Outdoors Association, Inc. and Exeter Wrestling, Inc. for the sale of Safe and Sane Fireworks contingent upon compliance with required booth clearances appropriate documentation, proper on-site storage, compliance with all City Municipal Code requirements, and any County or State guidance and orders in place during the time of sales.

5. Adopt Resolution 2023-11 affirming Planning Commission Approval of a Conditional Use Permit 2022-01 to permit the construction and operation of an RV park on the west side of S. Kaweah Avenue, south of E. Firebaugh Avenue, subject to the conditions as presented.

6. Affirm $60,960.72 in rehabilitation work performed by Well Rehabilitation Services, Inc. of Bakersfield, CA, and $98,157.95 for pump replacement and related work performed by Kaweah Pump, Inc. of Visalia, CA on Well E14-W, and approve an additional appropriation in the amount of $65,000 into CIP expenditure account 105.461.080.016

7. Approve a request for a Special Event with facility use of Joyner Park and street closures of B St between Pine St and Rocky Hill for the Grand Reopening of the Exeter Museum hosted by Center for Art Culture and History - Exeter (CACHE) beginning at 10:00am June 10, 2023, and ending at 10:00pm.

8. Approve a request for a Special Event with facility use of Joyner Park and street closures of B St between Pine St and Rocky Hill for the Exeter High School Class of 1973 Reunion beginning at 12:00pm on October 14, 2023, and ending at 10:00pm.

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 3, May 9, 2023

9. Adopt Resolution 2023-12 Directing the City Engineer to Prepare a Report for the current twenty (20) City of Exeter Landscape and Lighting Maintenance Assessment Districts 91- 01A; 91-01B; 97-01; 98-01; 08-01; 06-01; 05-01; 05-02; 04-01; 04-02; 04-03; 04-04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01, 00-02, and 23-01; Adopt Resolution 2023-13 Intent to Levy and Collect Assessments on Landscape and Lighting Maintenance Assessment Districts 98-01; 97-01; 91-01A; 91-01B; 08-01; 06-01; 05-01; 05-02; 04-01; 04-02; 04-03; 04- 04; 04-05; 03-01; 03-02; 01-01; 01-02; 00-01, 00-02, and 23-01; and set the Public Hearing for July 11, 2023.

10. Adopt Resolution 2023-14 Opposing California Assembly Bill 1090, which would authorize a county board of supervisors to remove a sheriff from office for cause.

11. Adopt Resolution 2023-15 Opposing California Senate Bill 94, which would allow for resentencing of individuals where special circumstances are found.

I. INDIVIDUAL BUSINESS ITEMS: None
Comments related to Individual Business and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

J. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest.

K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City related items. Police Chief John Hall provided an update on the Sergeant promotion and department updates.

L. ADJOURN REGULAR MEETING
Mayor Alves adjourned the regular meeting at 7:45 p.m.

Christina Arias, Deputy City Clerk

AVENU FINANCIAL SYSTEM CITY OF EXETER
5/04/2023 15:42:19 Payments for Publication GL335R-V08.19 PAGE Approved on 5/04/2023 for Payments Through 5/04/2023
Vendor Name Description Amount
A-C ELECTRIC COMPANY REPLACEMENT INCAND LAMP 740.04
ALPHA CHARLIE EXTERMINATORS GOPHER GETTER SERVICES 1,670.00 ANTONIO ESPINDOLA UB DEPOSIT REFUND 3.69
AUDEAMUS DBA SEBASTIAN LOW VOLT LABOR/TRIP CHRG 200.00
CALIFORNIA DEPARTMENT OF TAX SIGNALS/LIGHTS 01/23-03/
COLLEGE OF THE SEQUOIAS TUITION 5/8-5/12 164.00
COLLINS & SCHOETTLER TTY PLANNING 4/2021 4, 152.50
CORRPRO COMPANIES, INC INSP SRVCE 10,000 ELEV 1,030.00
CRAIGS AUTO PARTS NAPA 55-GAL 5W30 3,397.04
CRISTINA ROCHA UNIFORM REIMBURSEMENT 113.93
CRISTINA ROCHA COURSE 5/8-5/12/23 75.00
CULLIGAN RO RENTAL 05/01-05/31/23 308.62
DANIEL WILSON UB DEPOSIT REFUND 87.44
DEPT OF JUSTICE EPAS 35.00
DOOLEY ENTERPRISES, INC. 9MM 124GR FULL METAL JAC ,246. 6:

ELITE CORPORATE MEDICAL SERV MED CLINIC UTILIZ FEE ,292.50 EMD NETWORKING SERVICES, INC. TECH CONTRACT BILL TIME 178.25 EXETER IRRIGATION & SUPPLY LANDSCAPE SPIKE 3" 222.89
EXETER MERCANTILE CO. UTRA 2 CYCLE ENGINE OIL 48.13
EXETER MOTORS, INC. 2 FORD EXP PURCHASE 113,219.76
EXETER PLUMBING CO. REPAIR MEN'S RESTROOM 175.00
FERGUSON ENTERPRISES INC 4-12 VLV SETTER 230.89
FRONTIER CALIFORNIA INC SERV 4/22-5/21/23 187.25
FUSION CLOUD SERVICES LIC MONTHLY CLOUD SRVCES 378.43
GALLS INCORPORATED JA935 BLK XL JACKET 1,850.85
GARVER/ ELI TRAVEL EXPENSES 465.18
GOVERNMENT REVENUE SOLUTIONS APP HOSTING SOFTWARE 3,768.68 HAAKER EQUIP CO HOT SKID PRESSURE WSHR 12,552.70

HARVEST WEALTH GROUP LLC LIGHT SHOW INSTALL FEES
INTERSTATE BATTERIES, DBA C65XHD 329.30
JOSHUA GLENN ENGLAND REPAIR ROOF LEAK 150.00
KRC SAFETY CO INC. STREET SPEED LIMIT SIGNS 6,398.03
MATTHEW RAMSEY UB DEPOSIT REFUND 72.06
MCCORMICK KABOT JENNER & LEW FEES FOR AB 1234 TRNG 12,026.16 MID VALLEY DISPOSAL, LLC 50Y DELIVER 58.11
MITZI ALCALA UB DEPOSIT REFUND 57.31
MOONLIGHT MAINTENANCE MARCH MONTHLY SERVICE 4, 794.92
PACE SUPPLY CORP. FORC4644NL 1,863.95
PENA'S DISPOSAL INC MONTHLY SHREDDING 65.00
PRESSLEY & ASSOCIATES, INC. ACCTG SRVCES 06/22-03/23

PRUDENTIAL OVERALL SUPPLY HARD ROLL TOWELS
QUAD KNOPF ENGINEERING 2023 GENERAL ENGINEERING

RCN COMMUNICATIONS LIC NETCLOUD MOBILE ESSNT PA
ROBERT HALF INTERNATIONAL INC. TEMP HOURS 04/21/23

SCA OF CA, LIC REGEN AIR STREET SWEEPIN
SELF-HELP ENTERPRISES DEC CDBG-CV2BA

SHERWIN WILLIAMS COMPANY GRAFFITI ABATEMENT PAINT

SIERRA SANITATION INC RENT SINGLE WHEEL UNIT

AVENU FINANCIAL SYSTEM CITY OF EXETER
5/04/2023 15:42:19 Payments for Publication GL335R-V08.19 PAGE Approved on 5/04/2023 for Payments Through 5/04/2023
Vendor Name Description Amount
SOUTHERN CALIFORNIA EDISON 4631-C 03/24-04/23/23
SOUTHERN CALIFORNIA GAS CO. 0493-01/25-02/27/23
STANDARD INSURANCE CO. INSURANCE POLICY PREMIUM

TELSTAR INSTRUMENTS INC INFLUENT WET WELL TRANS

THRASHER MASONRY INC CONCRETE PAD
TRANSUNION RISK & ALTERNATIVE APR 23 INVEST PERSON SEA
UNIVAR SOLUTIONS USA INC SOD HYPO LIQUID CHLOR 2,141.40 VALLEY PACIFIC PETROLEUM PC PURITY EG AW HYD FLD 341.51 VAST NETWORKS FD-04/01-04/30/23 4,129.00
VOLLMER EXCAVATION, L.P. COLD MIX DELIVERED
ZACHARY PHILLIPS REIMBURSE ABATEMENT LTRS 263.13
** Final Totals... 287,318.87

AVENU FINANCIAL SYSTEM CITY OF EXETER
5/05/2023 14:31:12 Payments for Publication GL335R-V08.19 PAGE Approved on 5/05/2023 for Payments Through 5/05/2023
Vendor Name Description Amount
CRAIGS AUTO PARTS NAPA 55-GAL 5W30 1,397.04
** Final Totals... 1,397.04
RUN-05/11/2023 10.21.57 PAGE
PARFORM CHE REGISTER R311R-V14.20
Paymate
5/12/2023
DERE DEPOSIS 124203-5/07/2023 CHECK DATE TURNED ON

CHECK CHECE CHECK

NUMBER NABLOYEE/BANK/VENDOR

MOUN CODE SEQ
1339 63.69 CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK
1340 COLEMAN/DEWAYNE 728
1341 HUTCHESON/AVRIE 720
1342 170.34 • HUTCHESON/LUKE 723
1343 57.26 722
1344 150.36 MILOR/ANDREW
1345
COUNTS
1,227.99 *EMPLOYEE CHECKS

63.69 *VENDOR CHECKS VONO

0.00 *BANK CHECKS
1,291.68 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS
0:00 *MANUAL CHECKS • o
*CANCELLED CHECKS
1,291.68 **TOTAL FOR CHECK FORM

NON-NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS 00

0.00 *VENDOR DIR DEP STUBS
AYROLI RUN-05/11/2023 10.21.57 PAGE 2
HECK FORM. STUB CHECK REGISTE PR311R-V14.20 Paymate
4/24/2023- 5/07/2023 CHECK DATE 5/12/2023
DERECT DEPOSTN IS 12A/2D23-

CHECK CHECH CHECK

NUMBER PTOYEE/BANK/VENDOR

AMOUNT CODE SEQ
51277 174.00 CLOCEA 1 VENDOR STUB ONLY
51278 550.00 EXETER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 51279 182.71 EXETER POLICE OFFICER AS 3A UB ONLY
51280 2,140.73 ARIAS/CHRISTINA 730
1281 4,719.95 ENNIS/ADAM 206
51282 2,887.80 ONEAL/SHONNA N 203
51283 1,328.63 CARTER/ AMY JO 502
51284 1,404.01 CORREA/BIANCA 630
51285 3,398.87 PARK MOORE/YUN GYUNG 703
51286 537.49 SANCHEZ/CESILIA 307
51287 1,555.83 SANTOYO/AIDE G 710
51288 2,281.33 FRANCO / EEKHONG 304
51289 1,702.99 PHILLIPS/ZACHARY 705
51290 1,447.37 CARRETERO/VANESSA 402
51291 2,680.98 DURKEE/MARK 404
51292 1,852.21 FELIX/ESTEVAN 704
51293 2,591.55 GIEFER/MICHAEL DAVID 438
51294 1,580.71 GONZALES/EVAN 725
51295 1,077.24 GRAY / DAIZY 717
51296 3,571.16 HALL/JOHN T 406
51297 2,362.42 HAYES/CURTIS W 437
51298 2,601.71 INGLEHART/BRETT A 411
51299 2,231.40 LUJAN / JOSHUA 715
51300 2,151.72 MARX/CHRIS 706
51301 1,593.87 ROCHA/CRISTINA 731
51302 1,578.30 SAKAGUCHI/CLAUDIA D 726
51303 1,574.51 SHIELDS/ ZION 708
51304 1,808.60 VILLARREAL/ISIDRO 707
51305 2,619.49 YARBER/ISABEL 422
51306 1,175.59 ALDRIDGE /GARY 618
51307 1,445.94 ARROYO/MARIE 623
51308 1,772.31 ESPINOLA/DANIEL M 602
51309 36.22 GOLDSTROM/NORMAN 629
51310 1,639.21 HUGGINS/KYLE AARON 621
51311 3,004.17 QUALLS / DAYMON 607
51312 1,572.88 RAMIREZ/ JUAN 608
51313 747.16 WENDT/EDDIE 626
51314 1,327.09 GARVER/ELIJAH 712
51315 1,669.56 MILLAN/MARCUS 622
51316 1,422.64 MILLER/JAMES 624
51317 781.71 MIRWALD/PHILIP 625
51318 1,229.33 QUIROZ/PATRICK P 512
51319 ,099.77 PRIDEAUX / TRACI 448
City of Exeter
Agenda Item Transmittal
Meeting Date: May 23, 2023
For action by:

Agenda Item Number: E4 X City Council
Wording for Agenda: Authorize the outfitting of two police vehicles Regular Session:
with emergency equipment through Cook's Communications of Fresno, CA. in the amount of $22, 399.52. X Consent Calendar Regular Item
-
Public Hearing
Submitting Department: Police
Contact Name: John Hall, Chief of Police Review:

Phone Number: 592-3103 ext. 2001
Email: [email protected] City Administrator
(Initials Required)
Department Recommendation:

That City Council authorize Department Staff to enter into an agreement with Cook's Communication of Fresno, CA to outfit two Ford Expeditions with emergency lighting, sirens, etc. through Cooks Communications for $22,399.52.

Summary/Background:

Recently the Exeter Police Department took possession of two Ford Expeditions to be used as unmarked police vehicles. These vehicles were purchased locally through Monarch Ford, with the purchase being authorized by the Exeter City Council. Before the vehicles can be fully used as intended, they must be outfitted with emergency lighting, sirens, etc. as is required by the California Vehicle Code for emergency operations.

Department Staff sought to obtain three quotes for vendors who specialize in outfitting emergency vehicles. These vendors included Lehr's, Emergency Vehicle Specialists - West, and Cook's Communication. Despite several inquiries made to Lehr's, there has been no response.

Emergency Vehicle Specialists - West responded that they were busy and would respond to our inquiry when they could. Despite repeated attempts over several weeks, neither Lehr's nor Emergency Vehicle Specialists - West as responded further.

Cook's Communication was the only vendor to respond with a quote to our inquiry. They provided a quote of $11, 199.76 per vehicle, to provide and install the necessary emergency equipment.

Fiscal Impact: The $22,399.52 needed to outfit the two Ford Explorers is currently available in the Department Budget.

Prior Council/Board Actions: None
Attachments: Copy of the quote from Cook's Communication.

Recommended motion to be made by Council/Board: I move to authorize the outfitting of two police vehicles with emergency equipment through Cook's Communications of Fresno, CA. in the amounts of $22,399.52.

Estimate

GOMMUNICATIONS
160 North Broadway
Fresno, CA 93701-1592 Customer No.: EXETER PD
Quote No.: 13385
Phone: (559) 233-8818 (559) 268-8506
Quote To: City of Exeter Police Department Ship To: City of Exeter Police Department 100 North C Street 100 North C Street
Accounts Payable Exeter, CA 93221
Exeter, CA 93221-0000
Phone: (559) 592-3103 Phone: (559) 592-3103
Fax: Email:

Ship Via F.O.B. Terms
Up-Fit Shop Origin Net 30
Purchase Order Number Sales Person Expiration Date
David Burchfield 05/21/23
Quantity Item Number Description Unit Price Amount
Required
022 FORD EXPEDITIO
*UNMARKED BUILD*

LIGHTS AND SIREN

EQUIPMENT
1 MS4000U Federal Signal U/C 514.00 514.00
Mini Siren Controller
1 ES100C Federal Signal 100 watt 268.00 268.00
Siren Speaker
1 ESB-U niversal Siren Bracke 34.00 34.00
or ES100 Sire
1 SIFMJS Fed Sig Spectralux 1467.00 1467.00
Sea rare inter From conta.,
1683034666
1 FHL-CHG 90.00 90.00
Flashral Signal Headlight
2 MPS650-BB Fed Sig MicroPulse 127.00 254.00
Hood/grill Mount
Blue/Blue
2 MPS650-RR Fed Sig MicroPulse 127.00 254.00
Hood/grill Mount
Red/Red
(ABOVE LIGHTHEADS MOUNTED IN THE

GRILLE)
FHL-TAIL Rear Flasher- Alternating 85.00 85.00

CONSOLE EQUIPMENT
1 CC-HDWB-20 TROY UNIVERSAL 20" WIDE-BODY 631.00 631.00

SLOPED CONSOLE
All welded construction; 11 gauge steel for
years of longevity
Black powder coat and wrinkle finish for
Thank You
Estimate

COMMUNICATIONS
160 North Broadway
Fresno, CA 93701-1592 Customer No.: EXETER PD
Quote No.: 13385
Phone: (559) 233-8818 (559) 268-8506
Quote To: City of Exeter Police Department Ship To: City of Exeter Police Department 100 North C Street 100 North C Street
Accounts Payable Exeter, CA 93221
Exeter, CA 93221-0000
Phone: (559) 592-3103 Phone: (559) 592-3103
Fax: Email:

Date Ship Via F.O.B. Terms
04/21/23 Up-Fit Shop Origin Net 30
Purchase Order Number Sales Person Expiration Date
David Burchfield 05/21/23
Quantity Item Number Description Unit Price Amount
Required
durability
8" slope and 12" level area to house a wide
variety of popular console accessories and
equipment components to meet al
operational needs
Replaceable aluminum faceplate rails (sold
separately)
faceplates centered on 13.25" wide console
Pre-punched speaker grills and DC outlet
holes located on side console
Great choice for large SUVs and trucks
Console comes pre assembled
1 AC-F150-15-MNT 2015-21 Ford F150 floor 170.00 170.00
plate for bucket seat trucks
or factory console removed
1 FP-MXTL2500 roy 3" Face Plat 0.00 0.00
or Motorola XTL250
Remote Head
1 FP-BLNK3 3" Blank Troy Face Plate 0.00 0.00
1 FP-BLNK1 1" Blank Troy Face Plate 0.00 0.00
1 FP-EXP18-USB-DC 30.00 30.00
2" face plate to re-locate OEM USB and DC
outlets to console
1 AC-INBHG Hod 4" Dual Beverage 51.00 51.00
1 FP-STRAY Troy Sloped Floor 40.00 40.00
4" Accessory Tray
1 AC-TICK-2 Troy 3" Shallow Storage Tray 42.00 42.00
1 AC-TB-ARMMNT-XL Troy Console Mounted 179.00 179.00
Height Adjustable Arm Rest
W/Leather Pad

CARGO AREA
1 Z-CUSTOM Truck Vault Temp Stock 2408.00 2408.00
Thank You
Estimate

Ship Via F.O.B. Terms
04/21/23 Up-Fit Shop Origin Net 30
Purchase Order Number Sales Person Expiration Date
David Burchfield 05/21/23
Quantity Item Number Description Unit Price Amount
Required
Expedition Mag 1 Dwr 3rd Row Removed or
Prisoner Cage: No
Exterior Carpet: Black
1 P-401 Truck Vault Divider Package 0.00 0.00
2) Long 2) Side to Side
Include holders and screws

MISC INSTALLTION PARTS
2 7500090 Lighted Rocker Switch 15.00 30.00
1 5028 6 Circuit Water Resistant 33.00 33.00
Fuse Block w/Cover
1 5029 FPI MNT BRKT Mounting Bracket for 5029 40.00 40.00 Fuse Block.

Fits '13 FPl Utility
5080 Relay 14.00 14.00
1 LP450NMO 450mhz Dome Antenna 70.00 70.00
1 NMO58U-NC NMO Coax Kit 22.00 22.00
w/ 17' of RG58
1 RFU6001 Mini UHF Connector RG58 5.00 5.00
1 MATERIALSFEE2 Installation Material 150.00 150.00
Bundle

23.000 LAISREG Shop Installation 150.00 3450.00
2023 FORD EXPEDITION
***UNMARKED BUILD****

INCLUDES INSTALLATION OF
Thank You
Estimate

Date Ship Via F.O.B. Terms
04/21/23 Up-Fit Shop Origin Net 30
Purchase Order Number Sales Person Expiration Date
David Burchfield 05/21/23
Quantity Item Number Description Unit Price Amount
Required

CUSTOMER PROVIDED RADIO
Subtotal 10331.00
Freight charges 320.00
Sales tax @ 7.97500% 548.76
Total 11199.76
We appreciate your continued patronage
Thank You
City of Exeter
Agenda Item Transmittal
Meeting Date: May 23, 2023
For action by:

Agenda Item Number: E5 X City Council
Wording for Agenda: Authorize City Administrator to execute an Amendment No. 1 to renew an agreement with Avenue Insights & Regular Session:

Analytics, LLC of Centreville, VA, for financial systems application X Consent hosting and technology services for period from July 1, 2023, Calendar Regular Item
through June 30, 2026 in the amount of $122,317.68, subject to - minor conforming and clarifying changes acceptable to the City Public Hearing Attorney.

Review:

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

Authorize City Administrator to execute an Amendment No. 1 to renew an agreement with Avenue Insights & Analytics, LLC, Centreville, VA, tor financial systems application hosting and technology services for period from July 1, 2023 through June 30, 2026 in the amount of $122,317.68, subject to minor conforming and clarifying changes acceptable to the City Attorney.

Summary/Background:

The City's current financial information system, New Vision, was implemented in 2008, is used for majority of the fiscal functions by the City such as utility billing, general ledger, payroll, business license management, accounts receivable, accounts payable, cash management, purchase orders, and financial reporting. The system is provided and supported by Avenue Insights & Analytics, LLC (formerly known as Conduent Enterprise Solutions LLC).

The proposed renewal for next year includes a 5% increase from the current contract. The renewal will continue providing the City with a reliable financial information database. To further improve the system reliability and ease the system administration burden, the City decided to opt for the offsite storage (in the "cloud") since September 2018 and there has not been a data breach since. Furthermore, the company offers excellent customer support and the City relies heavily on the system support for staff training, system trouble shooting, and finding ways to improve processes. Avenue Insights consistently provides regular training sessions on payroll.

The City has been successfully handling year end reporting (such as W-2 and 1099 vendor reporting) thanks to Avenue Insight's proactive approach in providing training and refresher materials including legislative updates.

Until the City is on solid footing financially and is able to grow in staffing to be able to tackle major system conversions to improve capabilities, staying with the current system is the best option for the City. City needs to continue with the current contract to continue providing fiscal services to the City and its residents.

Fiscal Impact: There's a 5% increase for the first year and 5% subsequent annual increases for the automatic renewals for Year Two and Three. Total increase for the three years is $5,824.68 which can be funded through the ongoing revenue growth in General Fund and Enterprise Funds. The alternative would be too costly for the City which would include tremendous operations interruptions for a system conversion (if opting for a new system) in addition to the upfront purchase cost of a new system.

Prior Council/Board Actions: Original ongoing agreement approval in 2008, application hosting and technology support services approval in 2018.

Attachments:

Insurance Certificates from Avenue Insights & Analytics, LLC Agreement Amendment No. 1
Recommended motion to be made by Council/Board: I move to authorize City Administrator to execute Amendment No.1 to renew agreement with Avenue Insights & Analytics, LLC of Centreville, VA, for financial system application hosting and technology services for period from July 1, 2023 through June 30, 2026 in the amount of $122,317.68, subject to minor conforming and clarifying changes acceptable to the City Attorney.

GOVEREV-01 GOLDBERG

ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/1/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).

PRODUCER NAMEACT Colleen Sokolowski
FAX
A/C (A/C, No):
jackson biva. bin roo
Chicago, IL 60661 ADRESs: [email protected] INSURERS) AFFORDING COVERAGE NAIC #
INSURER A : Hartford Underwriters Insurance Company
INSURED INSURER B: Trumbull Insurance Company 27120
Avenu Holdings, LLC INSURER C: Hartford Casualty Insurance Company 29424 5860 Trinity Parkway Suite 120 INSURER D: Landmark American Insurance Company 33138 Centreville, VA 20120 INSURER E: Axis Insurance Company 37273 INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM:

XCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR
TR TYPE OF INSURANCE INSD | WVD POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR 83 UUN AA6800 1/24/2023 1/24/2024 AMAGE TO RENTE 300,000 x REMISES (Ea occurrence
MED EXP (Any one person) 10,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:

X POLICY 2,000,000

LOC PRODUCTS - COMP/OP AGG,
OTHER:

B COMBINED SINGLE LIMIT 1,000,000
AUTOMOBILE LIABILITY (Ea accident)
X ANY AUTO x 83 UEN AE7365 1/24/2023 1/24/2024 BODILY INJURY (Per person)..

GUNS ONLY

ARES ONLY
$
C X X OCCUR 10,000,000
UMBRELLA LIAB EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE 83 RHU AA6623 1/24/2023 | 1/24/2024 AGGREGATE 10,000,000 DED X RETENTION$ 10,000

X STATUTE
Y/ N X 83 WE AE7C2X 1/24/2023 1/24/2024 1,000,000
INY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
N/ A
Mandatory IN BER EXCLUDED? EL. DISEASE - EA EMPLOYEE S 1,000,000 SO OPERATIONS below 1,000,000
D Tech E&O / Cyber LCY802019 3/15/2023 3152024 Per Can PreY ANT S 3,000,000 E Crime Coverage P-001-000245516-04 3/15/2023 3/15/2024 Limit 2,000,000

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ACCORDANCE WITH TAE POLICY PROVISIONS. NOTICE WILL BE DELIVERED IN City of Exeter AUTHORIZED REPRESENTATIVE
Attn: City Risk Manager
137 North F Street LarkinS Flanagan
Exeter, CA 93221.

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LOC #: 1
ACORD
ADDITIONAL REMARKS SCHEDULE Page 1 of

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ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insureds:
• Government Revenue Solutions Holdings I, LL
. Avenu Holdings, LL
. Avenu Insights & Analytics LL
. MuniServices, LLC d/b/a Avenu MuniServices, LL

5. eGov Solutions, LLC

6. Ram Ware, LLC

7. Avenu Insights, LLC

8. Avenu Canada

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10. Avenu Pension Administration Solutions ULC

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13. Avenu SLGS Holdings, LLC

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18. Avenu Title Records, LLC

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20. CSLS Holdings, LLC

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The ACORD name and logo are registered marks of ACORD
Agreement for Application Hosting and
Technology Support Services
Amendment No. 1
Avenu Insights & Analytics, LLC
City of Exeter, California
So Train an in 120, er Nevil, And by Avenuen ten drier, a bries sec Exeter, CA'93221 ("Client").

RECITALS
WHEREAS, Client and Avenu executed the Agreement for Application Hosting and Technology Support Services ("Agreement"), effective July 1, 2020 through June 30, 2023; and WHEREAS, the Parties seek to extend the Term for an additional one-year period, with two (2) subsequent one-year automatic renewals.

NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, Avenu and Client (each individually a "Party" and collectively, the "Parties") agree as follows:

1. This Amendment No. 1 is effective on July 1, 2023 ("Amendment Effective Date").

2. Section 2 of the Agreement (Term) is deleted and replaced with the following:

This Agreement is effective on July 1, 2023 ("Effective Date") and shall continue for a period of one (1) year through June 30, 2024, unless otherwise extended or terminated by the parties in accordance with the provisions of this Agreement ("Term"). Upon expiration of the original Term, this Agreement shall be renewed automatically for two (2) succeeding terms of a period of one (1) year each ("Automatic Renewal Term(s) "), with a pricing increase of 5% on a year over year basis. If Avenu or the Client elects not to exercise the Automatic Renewal Term(s), the other party must be notified in writing at least ninety (90) days prior to the term renewal anniversary date.

3. Schedule A (Statement of Work), Section C.1 (Base Monthly Fee and Payment Schedule), is amended with the following:

1. Base Monthly Fee and Payment Schedule
Client shall pay Avenu the fees set forth below.

Initial Term
Service Monthly Fee #of Months Annual Total
July 1, 2023 - June 30, 2024 $3,233.35 12 $38,800.20
Avenu - City of Exeter CA - Amendment No. 1 - v03222023 First Automatic Renewal Term
Service Monthly Fee #of Months Annual Total
July 1, 2024 - June 30, 2025 $3,395.02 12 $40,740.24
Second Automatic Renewal Term
Service Monthly Fee #of Months Annual Total
July 1, 2025 - June 30, 2026 $3,564.77 12 $42,777.24

4. All other terms and conditions of the Agreement, except as modified by this Amendment No. 1, shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned authorized representatives of Avenu and Client have executed this Amendment No. 1.

Avenu Insights & Analytics, LLC City of Exeter
By: By:

Name: Carl Kumpf Name:

Title: Chief Financial Officer Title:

Date: - Date:

Avenu - City of Exeter CA - Amendment No. 1 - v03222023 2 City of Exeter
Agenda Item Transmittal
Meeting Date: May 23, 2023
For action by:

Agenda Item Number: E6 X City Council
Wording for Agenda: Adopt Resolution 2023-16 Supporting Regular Session:

California Senate Bill 14, which would include human trafficking of a minor within the definition of a serious felony for all purposes, X Consent Calendar including for purposes of the Three Strikes Law. Regular Item - Public Hearing
Submitting Department: Administration Review:

Contact Name: Adam Ennis, City Administrator
Phone Number: (559) 592-4539 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:

Staff recommends that the Council consider adopting Resolution 2023-16 Supporting California Senate Bill 14 (CA SB14), which would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law.

Summary/Background:

At the May 9, 2023 Council meeting, Mayor Alves and Council Member Riddle requested, and the Council approved, that providing a resolution of support to CA SB14 be brought back on the consent agenda for this meeting for approval.

Existing law defines the term "serious felony" for various purposes, including, among others, enhancing the punishment for telonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law.

The Three Strikes law contains a statutory "lock-in" date of November 7, 2012 which was the last date the law was amended. The effect of the lock-in date is to provide that the listed offenses are "strikes" as of that date. As long as an offense is deemed a strike as of the listed date, the Three Strikes sentencing provisions apply to enhance a person's sentence even if the person was convicted of the offense prior to it being deemed a strike. The specified date also acts to disallow adding a new strike unless the date is extended. Senate Bill 14 would amend the lock-in date to January 1, 2024 effectively adding to what constitutes a strike.

By expanding the scope of an enhancement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

This bill was Introduced by Senators Grove, Caballero, and Rubio, Coauthored by Senators Alvarado-Gil, Dahle, Glazer, Jones, Newman, Nguyen, Niello, Ochoa Bogh, Seyarto, and Wilk, and Coauthored by Assembly Members Alanis, Bains, Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Garcia, Lackey, Low, Mathis, Joe Patterson, Ramos, Rodriguez, Blanca Rubio, Sanchez, Ta, and Waldron.

Fiscal Impact: None
Prior Council/Board Actions: None
Attachments: CA Senate Bill 14 Text
CA Senate Bill 14 Analysis
Resolution 2023-16 Supporting California Senate Bill 14 Recommended motion to be made by Council/Board: I move to adopt Resolution 2023-16 as presented.

AMENDED IN SENATE APRIL 27, 2023
AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE FEBRUARY 23, 2023
SENATE BILL No. 14
Introduced by Senators Grove, Caballero, and Rubio
(Coauthors: Senators Alvarado-Gil, Dahle, Glazer, Jones, Newman, Nguyen, Niello, Ochoa Bogh, Seyarto, and Wilk)
(Coauthors: Assembly Members Alanis, Bains, Chen, Megan Dahle.

Davies, Dixon, Essayli, Flora, Vince Fong, Garcia, Lackey, Low Mathis, Joe Patterson, Ramos, Rodriguez, Blanca Rubio, Sanchez, Ta, and Waldron)
December 5, 2022
An act to amend Sections 667.1, 1170.125, and 1192.7 of the Penal Code, relating to felonies.

LEGISLATIVE COUNSEL'S DIGEST
SB 14, as amended, Grove. Serious felonies: human trafficking.

Existing law defines the terms term "serious felony" and "violent felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law.

This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law. By expanding the scope of an enhancement. this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement. 96 SB 14 -2-
This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the 2 following:
3 (a) California consistently ranks number one in the nation in 4 the number of human trafficking cases reported to the National 5 Human Trafficking Hotline.
6 recognizes the serious nature of this crime.
(c) Human trafficking is among the world's fastest growing 10 criminal enterprises and is estimated to be a $150,000,000,000 a 11 year global industry.
12 (d) Native American women and girls are victims of human 13 trafficking at a much higher rate compared to the overall 14 population.
15 (e) California has the sixth highest death rate of indigenous 16 women in urban cities.
17 (f) California was chosen to be the first pilot location for the 18 United States Department of Justice Missing and Murdered 19 Indigenous Persons Initiative.
20 SEC. 2. Section 667.1 of the Penal Code is amended to read:
21 667.1. (a) Notwithstanding subdivision (h) of Section 667, for 22 all offenses committed on or after November 7, 2012, but before 23 January 1, 2024, all references to existing statutes in subdivisions 24 (c) to (g), inclusive, of Section 667, are to those statutes as they 25 read on November 7, 2012
26 (b) Notwithstanding subdivision (h) of Section 667, for all 27 offenses committed on or after January 1, 2024, all references to 28 existing statutes in subdivisions (c) to (g), inclusive, of Section 29 667, are to those statutes as they read on January 1, 2024. 30 SEC. 3. Section 1170.125 of the Penal Code is amended to 31 read:
32 1170.125. (a) Notwithstanding Section 2 of Proposition 184, 33 as adopted at the November 8, 1994, statewide general election, 96 - 3- SB 14
1 for all offenses committed on or after November 7, 2012, but before 2 January 1, 2024, all references to existing statutes in Sections 3 1170.12 and 1170.126 are to those sections as they read on 4 November 7,2012.
5 (b) Notwithstanding Section 2 of Proposition 184, as adopted 6 at the November 8, 1994, statewide general election, for all offenses 7 committed on or after January 1, 2024, all references to existing 8 statutes in Sections 1170.12 and 1170.126 are to those sections as 9 they read on January 1, 2024.
10 SEC. 4. Section 1192.7 of the Penal Code is amended to read:
11 1192.7. (a) (1) It is the intent of the Legislature that district 12 attorneys prosecute violent sex crimes under statutes that provide 13 sentencing under a "one strike," "three strikes" or habitual sex 14 offender statute instead of engaging in plea bargaining over those 15 16 (2) Plea bargaining in any case in which the indictment or 17 information charges any serious felony, any felony in which it is 18 alleged that a firearm was personally used by the defendant, or 19 20
21 22
23 obtained, or a reduction or dismissal would not result in a 24 substantial change in sentence.
25 (3) If the indictment or information charges the defendant with 26 a violent sex crime, as listed in subdivision (c) of Section 667.61, 27 that could be prosecuted under Sections 269, 288.7, subdivisions 28 (b) through (1) of Section 667, Section 667.61, or 667.71, plea 29 bargaining is prohibited unless there is insufficient evidence to 30 prove the people's case, or testimony of a material witness cannot 31 be obtained, or a reduction or dismissal would not result in a 32 substantial change in sentence. At the time of presenting the 33 agreement to the court, the district attorney shall state on the record 34 why a sentence under one of those sections was not sought. 35 (b) As used in this section, "plea bargaining" means any 36 bargaining, negotiation, or discussion between a criminal 37 defendant, or their counsel, and a prosecuting attorney or judge, 38 whereby the defendant agrees to plead guilty or nolo contendere, 39 in exchange for any promises, commitments, concessions, 40 assurances, or consideration by the prosecuting attorney or judge 96 SB 14 -4-
1 relating to any charge against the defendant or to the sentencing of the defendant.
(c) As used in this section, "serious felony" means any of the following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a 23 destructive device or any explosive with intent to murder; (18) any 24 burglary of the first degree; (19) robbery or bank robbery; (20) 25 kidnapping; (21) holding of a hostage by a person confined in a 26 state prison; (22) attempt to commit a felony punishable by death 27 or imprisonment in the state prison for life; (23) any felony in 28 which the defendant personally used a dangerous or deadly weapon; 29 (24) selling, furnishing, administering, giving, or offering to sell, 30 furnish, administer, or give to a minor any heroin, cocaine, 31 phencyclidine (PCP), or any methamphetamine-related drug, as 32 described in paragraph (2) of subdivision (d) of Section 11055 of 33 the Health and Safety Code, or any of the precursors of 34 methamphetamines, as described in subparagraph (A) of paragrap! 35 (1) of subdivision (f) of Section 11055 or subdivision (a) of Sectior 36 I ot the Health and Safety Code; (25) any violation of 40 another person; (26) grand theft involving a firearm; (27) 96 - 5- SB 14
carjacking; (28) any felony offense, which would also constitute 2 a felony violation of Section 186.22; (29) assault with the intent 5 violation of Section 244; (31) assault with a deadly weapon. 6 or assault on a peace officer or firefighter, in violation of Section 8 245; (32) assault with a deadly weapon against a public transit 9 employee, custodial officer, or school employee, in violation of 10 Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an 11 inhabited dwelling, vehicle, or aircraft, in violation of Section 246; 2 (34) commission of rape or sexual penetration in concert with 13 another person, in violation of Section 264.1; (35) continuous 14 sexual abuse of a child, in violation of Section 288.5; (36) shooting 15 from a vehicle, in violation of subdivision (c) or (d) of Section 16 26100; (37) intimidation of victims or witnesses, in violation of 17 Section 136.1; (38) criminal threats, in violation of Section 422; 18 (39) any attempt to commit a crime listed in this subdivision other 19 than an assault; (40) any violation of Section 12022.53; (41) a 20 violation of subdivision (b) or (c) of Section 11418; (42) human 21 traffieking, trafficking of a minor, in violation of subdivision (c) 22 of Section 236.1; and (43) any conspiracy to commit an offense 23 described in this subdivision.
24 (d) As used in this section, "bank robbery" means to take or 25 attempt to take, by force or violence, or by intimıdation from the 26 person or presence of another any property or money or any other 27 thing of value belonging to, or in the care, custody, control, 28 management, or possession of, any bank, credit union, or any 29 savings and loan association.
30 As used in this subdivision, the following terms have the 31 following meanings:
32 (1) "Bank" means any member of the Federal Reserve System, 33 and any bank, banking association, trust company, savings bank, 34 or other banking institution organized or operating under the laws 35 of the United States, and any bank the deposits of which are insured 36 by the Federal Deposit Insurance Corporation.
37 (2) "Savings and loan association" means any federal savings 38 and loan association and any "insured institution" as defined in 39 Section 401 of the National Housing Act, as amended, and any 96 SB 14 — 6—
1 federal credit union as defined in Section 2 of the Federal Credit 2 Union Act.
(3) "Credit union" means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union administration. (e) The provisions of this section shall not be amended by the 7 Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, 9 or by a statute that becomes effective only when approved by the 10 electors.
11 SEC. 5. No reimbursement is required by this act pursuant to 12 Section 6 of Article XIII B of the California Constitution because 13 the only costs that may be incurred by a local agency or school 14 district will be incurred because this act creates a new crime or Constitution.
96 SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 14 Hearing Date: April 25, 2023
Author: Grove
Version: April 13, 2023
Urgency: No Fiscal: Yes
Consultant: SC
Subject: Serious felonies: human trafficking

HISTORY
Source: 3Strands Global Foundation
Prior Legislation: SB 1042 (Grove), failed passage Sen. Public Safety Comm., 2022 SB 1042 (Dahle), held in Sen. Public Safety Comm., 2022 AB 1665 (Seyarto), failed Assem. Public Safety, 2022
AB 786 (Kiley), failed Assem. Public Safety, 2019
AB 2823 (Nazarian), held Sen. Appropriations, 2018
SB 976 (Bates), failed Sen. Public Safety, 2018
SB 770 (Glazer), held in Sen. Public Safety, 2018
SB 75 (Bates), failed Sen. Public Safety, 2017
Support: Bakersfield Crisis Pregnancy Center, INC.; Bakersfield Mayor Karen Goh; Bakersfield Police Department; Bear Valley Police Department; California Association of Highway Patrolmen; California Capitol Connection; California Catholic Conference; California District Attorneys Association; California Family Council; California Police Chiefs Association; California State Sheriffs' Association; Church Without Walls; City of Bakersfield; City of Clovis; City of Fresno; City of Needles; City of Roseville Police Department; City of San Juan Capistrano; City of Santa Clarita; City of Taft; City of Tehachapi; City of Yuba City; Clovis Police Department; Concerned Women for America; Cornerstone Synergy; County of Fresno; County of Kern; Empowerment Dess Perkins Foundation; Crime Victims United of California; Exeter Police Department; Flood Bakersfield Ministries, INC.; Fresno County District Attorney's Office; Fresno Police Department; Harvest International Ministry; Helping US; Homestead Valley Community Council; Hope for Justice; Kern County Board of Supervisors; Kern County Department of Human Services; Kern County District Attorney's Office; Kern County Probation Department; Kern County Sheriff's Office; Lake Isabella & Boldfish Property Owner's Association; Lucerne Valley Economic Development Association (LVEDA); Merced County District Attorney's Office; Mom Army; Monterey County District Attorney's Office; National Center for Missing & Exploited Children; National Center on Sexual Exploitation (NCOSE); Orange County Sheriff's Department; Peace Officers Research Association of California (PORAC); Project 14:14 INC.; Project Rescue; Real Impact; Sacramento County District Attorney; San Bernardino County Sheriff's Department; San Diego County District Attorney's Office; San Diego County Supervisor Joel Anderson's Office; Santa Clara County District SB 14 (Grove ) Page 2 of 13
Attorney's Office; Saving Innocence; Soroptimist International of North San Diego; The Light House Recovery Program, INC.; Treasures; Tulare County Child Abuse Prevention Council; Tulare County District Attorney's Office; Tulare County Supervisor Dennis Townsend; Tulare County Supervisor Larry Micari; Tule River Indian Tribe of California; Ventura County District Attorney; Veterans for Child Rescue; Visalia Police Department; Woman li Woman INC.; Women's Center -High Desert, INC.; Yolo County District Attorney; Individual Opposition: California Attorneys for Criminal Justice; California Coalition for Women Prisoners; California Public Defenders Association; San Francisco Public Defender's Office; Sister Warriors Freedom Coalition

PURPOSE
The purpose of this bill is to designate human trafficking as a "serious felony," making it a strike for purposes of the Three Strikes Law.

Existing law states that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. (Pen.

Code, § 236.1, subd. (a).)
Existing law states that a person who deprives or violates the personal liberty of another with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than $500,000. (Pen. Code, § 236.1, subd. (b).) Existing law specifies that a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking. A violation is punishable by imprisonment in the state prison as follows:
• Five, 8, or 12 years and a fine of not more than $500,000; or • Fifteen years to life and a fine of not more than $500,000 when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (Pen. Code, § 236.1, subd. (c).) Existing law includes the following offenses within the definition of "violent felony":
• Murder or voluntary manslaughter;
• Mayhem;
• Rape or spousal rape accomplished by means of force or threats of retaliation; • Sodomy by force or fear of immediate bodily injury on the victim or another person; SB 14 (Grove ) Page 3 of 13
• Oral copulation by force or fear of immediate bodily injury on the victim or another person;
• Lewd acts on a child under the age of 14 years, as defined; • Any felony punishable by death or imprisonment in the state prison for life; • Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or any felony in which the defendant has used a firearm, as specified; • Any robbery;
• Arson of a structure, forest land, or property that causes great bodily injury; • Arson that causes an inhabited structure or property to burn; • Sexual penetration accomplished against the victim's will by means of force, menace or fear of immediate bodily injury on the victim or another person; • Attempted murder;
• Explosion or attempted explosion of a destructive device with the intent to commit murder;
• Explosion or ignition of any destructive device or any explosive which causes bodily injury to any person;
• Explosion of a destructive device which causes death or great bodily injury; • Kidnapping;
• Assault with intent to commit mayhem, rape, sodomy or oral copulation; • Continuous sexual abuse of a child;
• Carjacking, as defined;
• Rape or penetration of genital or anal openings by a foreign object; • Felony extortion;
• Threats to victims or witnesses, as specified;
• First degree burglary, as defined, where it is proved that another person other than an accomplice, was present in the residence during the burglary; • Use of a firearm during the commission of specified crimes; and, • Possession, development, production, and transfers of weapons of mass destruction. (Pen.

Code, § 667.5, subd. (c).)
SB 14 (Grove ) Page 4 of 13
Existing law imposes a three-year sentence enhancement for each prior separate prison term served by the defendant if the prior offense was a violent felony and the new offense is a violent felony. (Pen. Code § 667.5, subd. (a).)
Existing law includes the following offenses within the definition of "serious felonies":
• Murder or voluntary manslaughter;
• Mayhem;
• Rape;
• Sodomy by force, violence, duress, menace, or threat or fear of bodily injury; • Oral copulation by force, violence, duress, menace or threat or fear of bodily injury; • Lewd act with child under fourteen years of age;
• Any felony punishable by death or life imprisonment;
• Any felony in which defendant personally inflicts great bodily injury on any person other than an accomplice or personally uses a firearm;
• Attempted murder;
• Assault with intent to commit rape or robbery;
• Assault with a deadly weapon or instrument on a peace officer; • Assault by a life prisoner on a non-inmate;
• Assault with a deadly weapon by an inmate;
• Arson;
• Exploding a destructive device or any explosive with intent to injure; • Exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem;
• Exploding a destructive device or any explosive with intent to murder; • Burglary of an inhabited dwelling;
• Robbery or bank robbery;
SB 14 (Grove ) Page 5 of 13
• Kidnapping;
• Holding a hostage by an inmate;
• Attempt to commit a crime punishable by life imprisonment or death; • Any felony where defendant personally used a dangerous or deadly weapon; • Sale or furnishing heroin, cocaine, PCP, or methamphetamine to a minor; • Forcible penetration with a foreign object;
• Grand theft involving a firearm;
• Any gang-related felony;
• Assault with the intent to commit mayhem or specified sex offenses; • Maliciously throwing acid or flammable substances;
• Witness intimidation;
• Assault with a deadly weapon or firearm or assault on a peace officer or firefighter; • Assault with a deadly weapon on a public transit employee; • Criminal threats;
• Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft; • Commission of rape or sexual penetration in concert;
• Continuous sexual abuse of a child;
• Shooting from a vehicle;
• Any attempt to commit a "serious" felony other than assault; • Any violation of the 10 years, 20 years, 25 years to life gun law; • Possession or use of any weapon of mass destruction; and, • Any conspiracy to commit a "serious" felony. (Pen. Code, §§ 1192.7, subd. (c).) Existing law additionally defines the following as a "serious felony" when the offenses involve the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon:

SB 14 (Grove ) Page 6 of 13
• Gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated;
• Driving under the influence and causing injury;
• Evading a pursuing peace officer causing serious bodily injury or death; or • Reckless driving causing great bodily injury when the person previously has been convicted of specified driving offenses. (Pen. Code, § 1192.8.) This bill would add human trafficking offenses to the list of serious felonies.

Existing law prohibits plea bargaining in any case in which the indictment or information charges a "serious" felony unless there is insufficient evidence to prove the charge, the testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. (Pen. Code, § 1192.7, subd. (a)(2).) Existing law provides that any person convicted of a "serious" felony who has previously been convicted of a "serious" felony receives, in addition to the sentence imposed by the court, an additional and consecutive five-year enhancement for each such prior conviction. (Pen. Code, § 667, subd. (a)(1).)
Existing law defines a "strike" prior as any "serious felony" listed in Penal Code sections 1192.7, subdivision (c) and 1192.8, and any "violent felony" listed in Penal Code section 667.5(c). (Pen.

Code, §§ 667, subd. (d)(1) and 1170.12, subd. (b)(1).)
Existing law provides that where a defendant is convicted of any felony with a prior conviction for a single serious or violent felony, the sentence imposed must be twice the term otherwise provided as punishment. (Pen. Code §§ 667, subd. (d)(1) and 1170.12, subd. (c)(1).) Existing law provides that a defendant, who is convicted of any current felony, with prior convictions of two or more "violent" or "serious" felonies, must receive a life sentence with a minimum term of 25 years. (Pen. Code § 667, subds. (a) and (d)(2)(i); Pen. Code § 1170.12, subd. (c) (2)(A).)
Existing law requires a defendant affected by a prior strike to be committed to state prison, and disallows diversion or probation. (Pen. Code, §§ 667, subd. (c) and 1170.12, subd. (a).) Existing law requires consecutive rather than concurrent sentencing for multiple offenses committed by a defendant affected by a prior strike, unless the current felony convictions arise out of the same set of operative facts. (Pen. Code, §§ 667, subd. (c)(6) and 1170.12, subd. (a)(6).) Existing law specifies all references to existing statutes in specified portions of the Three Strikes Law are to statutes as they existed on November 7, 2012. (Pen. Code § 667, subd. (h).) This bill amends the above date to January 1, 2024 thereby expanding the offenses that count as strikes to include human trafficking.

SB 14 (Grove ) Page 7 of 13

COMMENTS

1. Need for This Bill
According to the author of this bill:

Human trafficking is the fastest growing criminal enterprise in the world' Traffickers have learned that it is a low-cost crime that yields high profits with minimal risk to the trafficker, especially since human beings are a reusable commodity. The trafficking of children is particularly rampant in California, with traffickers forcing kids as young as 11-12 years-old to have sex with upwards of 15 men a day or more. The average age a child is forced into the sex trade is between 11-14 years-old. Labor trafficking is no less insidious, as victims of labor trafficking are forced to work long hours in unsanitary and inhuman working conditions for little or no pay. . Labor traffickers will often tell their victims they will not be believed if they try to report the crime and the authorities will deport them.

Some of the most vulnerable trafficking victims include, Native Americans, LGBTQ, undocumented migrants, homeless youth and low-income individuals.

Minorities make up a high percentage of trafficking victims across the United States. One Department of Justice study that examined the race of sex trafficking victims found 40.4% of victims were black and 23.9% were Hispanic.

The same study for labor trafficking victims found that 55.7% of victims were Hispanic, 9.8% Black, and 14.8% were Asian?
The fastest growing criminal industry in the world is the buying and selling of human beings and California is one of the largest hubs for human trafficking. SB 14 will help strengthen protections for the millions of victims of sex and labor trafficking and serve as a deterrent for those that wish to perpetuate this horrendous crime.

2. Background: Human Trafficking
According to the California Department of Justice,
Human trafficking is among the world's fastest growing criminal enterprises and is estimated to be a $150 billion-a-year global industry. It is a form of modern day slavery that profits from the exploitation of our most vulnerable populations. One common misperception is that human trafficking requires movement across ' https://www.justice.gov/usao-ri/human-trafficking
2 https://www.dhs.gov/blue-campaign/course_choices_p4l
https://rems.ed.gov/docs/Human%20Trafficking%20101%20for%20Schoo1%20Administrators%20and%20Staff.p 4https://rems.ed.gov/docs/Human%20Trafficking%20101%20for%20School%20Administrators%20and%20Staff.pf 5 https://www.ojp.gov/pdffiles1/nij/grants/302157.pdf
https://www.justice.gov/usao-cdca/human-trafficking#LAB ^ https://www.justice.gov/humantrafficking/what-is-human-trafficking 8 https://www.acf.hhs.gov/archive/blog/2015/04/bridging-minority-health-and-human-trafficking 9 https://www.acf.hhs.gov/archive/blog/2015/04/bridging-minority-health-and-human-trafficking SB 14 (Grove ) Page 8 of 13
borders. In reality, it involves controlling a person or group through force, fraud, or coercion to exploit the victims for forced labor, sexual exploitation, or both.

This can occur entirely within a single country or it can cross borders. Human trafficking strips victims of their freedom and violates our nation's promise that every person in the United States is guaranteed basic human rights. It is also a crime. Attorney General's Office is focused on combating the pervasive issue of human trafficking in California and has made it one of his top priorities.

The International Labor Organization estimates that there are more than 24.9 million human trafficking victims worldwide at any time. This includes 16 million victims of labor exploitation, 4.8 million victims of sexual exploitation, and 4.1 million victims of state imposed forced labor. The victims of human trafficking are often young girls and women. Young girls and women are 57.6% of forced (California Department of Justice, Human Trafficking < https://oag.ca.gov/human-trafficking> [as of Apr. 12, 2023].)
Data on human trafficking and how it is handled is limited. According to the Public Policy Institute of California (PPIC):

Understanding the extent of human trafficking is challenging for several reasons.

Trafficking typically happens through clandestine networks. Individuals, families, and businesses who enslave others often seem legitimate. People who experience trafficking are often among the most socially and economically vulnerable. Even if they have opportunities to report their situation, they may not for fear of retaliation.

The United States operates a national hotline through which people can report suspected trafficking or seek help. The hotline publishes data on human trafficking cases and trafficked people that have been identified from hotline reports.

Hotline data spanning 2015 through 2021 indicate that the reported number of people experiencing trafficking nationwide rose from 12,000 in 2015 to more than 22,200 in 2019 and then fell to 16,700 in 2021. In California, these numbers peaked a year earlier and more modestly, so that California now accounts for smaller shares of trafficking cases and trafficked people. In 2015, 18% of trafficking cases and 15% of trafficked people were in California. By 2021, 13% of both cases and people were in California.
(PPIC Blog Post, Human Trafficking in California (Feb. 2023) https://www.ppic.org/blog/human-trafficking-in-california/ [as of Apr. 12, 2023].)

3. Existing Human Trafficking Penalties
California's human trafficking law was enacted by AB 22 (Lieber) Chapter 240, Statutes of 2005. AB 22 provided that the essence of human trafficking is the deprivation of the victim's liberty in order to place the person in sexual commerce or obtain labor.

SB 14 (Grove ) Page 9 of 13
In 2012, California voters enacted Proposition 35 which modified many provisions of California's already tough human trafficking laws. Specifically, Proposition 35 expanded the definition of human trafficking and increased criminal penalties and fines for human trafficking offenses. The proposition specified that the fines collected are to be used for victim services and law enforcement. In criminal trials, the proposition makes evidence of sexual conduct by a victim of human trafficking inadmissible for the purposes of attacking the victim's credibility or character in court. The proposition also lowered the evidentiary requirements for showing of force in cases of minors. (See Legislative Analyst's Office (LAO), Proposition 35: Human Trafficking. Penalties. Sex Offender Registration. Initiative Statute, (July 18, 2012) https://lao.ca.gov/ballot/2012/35_11_2012.aspx [as of Apr. 12, 2023].) The current penalty for human trafficking for the purpose of obtaining forced labor or services is imprisonment in state prison for up to 12 years. If the offense involves human trafficking for the purpose of specified sexual conduct, obscene matter or extortion, the punishment proscribed is up to 20 years imprisonment in state prison. If the offense involves causing a minor to engage in a commercial sex act, the penalty imposed may be 15-years to life. (Pen. Code, § 236.1.) The court may also impose up to a $1.5 million fine on a person convicted of human trafficking. (Pen. Code §§ 236.1 and 236.4.) A person convicted of human trafficking for sexual conduct is also required to register as a sex offender. (Pen. Code, § 290, subd. (c).) Any property of money used to facilitate human trafficking is subject to seizure. (Pen. Code, § 236.8.) If great bodily injury is inflicted on the victim to commit the human trafficking crime, an enhancement adding 5, 7, or 10 years in state prison applies. (Pen. Code, § 236.4, subd. (b).) This bill adds human trafficking to the list of serious felonies and makes it a strike for Three Strikes sentencing. While the crime of human trafficking is not listed as a serious felony, the act of human trafficking could include crimes that are already designated as a violent or serious felony such as kidnapping, threatening a victim or witness, personal use of a dangerous or deadly weapon, among others. Additionally, any felony punishable by life in prison is already a serious felony (see subdivision (c)(2) of Penal Code section 1192.7) which applies to human trafficking of minor victims for commercial sex acts when the crime involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (Pen. Code, § 236.1, subd. (c)(2).)

4. Three Strikes Implications
In 1994, California voters passed Proposition 184, knowns as the "Three Strikes and You're Out" law that defined qualifying "strikes" as those felonies listed as "serious" or "violent" on June 30, 1993. That same year, the California Legislature passed similar legislation that was signed into law. (AB 971 (Jones), Chapter 12, Statutes of 1994.) Collectively, Proposition 184 and AB 971 became known as California's Three Strikes law which imposes longer prison sentences for certain repeat offenders. Proposition 21 of the March 2000 primary election added to the lists of serious and violent felonies and defined qualifying prior strikes as felony listed as serious or violent felonies as of March 8, 2000 - the date that the Proposition 21 took effect.

The Three Strikes law requires a person who is convicted of a felony and who previously has been convicted of one or more violent or serious felonies, known as strikes, to be subject to enhanced penalties. Specifically, if the person has one prior strike, the sentence on any new felony conviction must be double what is specified by statute. If the person has two prior strikes, SB 14 (Grove ) Page 10 of 13
the sentence on any new felony conviction was 25 years to life, although this provision was amended by Proposition 36, approved by voters in 2012, to require that the third strike must be a serious or violent felony in order to impose the life term.

The Three Strikes law contains a statutory "lock-in" date of November 7, 2012 which was the last date the law was amended. [Proposition 36, approved by California voters on November 7, 2012, which required the third strike to be either a violent or serious felony.] The effect of the lock-in date is to provide that the listed offenses are "strikes" as of that date. As long as an offense is deemed a strike as of the listed date, the Three Strikes sentencing provisions apply to enhance a person's sentence even if the person was convicted of the offense prior to it being deemed a strike. The specified date also acts to disallow adding a new strike unless the date is extended. This bill amends the lock-in date to January 1, 2024 effectively adding to what constitutes a strike.

Proponents of the Three Strikes law argued that the law would "reduce crime by incapacitating and deterring people who committed repeat offenses by dramatically increasing punishment for people previously convicted of a "serious" or "violent" offense." (Proposition 184, Voter Information Guide, 1994 General Election.) However, research shows that a decline in crime rates already began prior to the passage of the law. According to a 2005 report by the Legislative Analyst's Office:

The overall crime rate in California, as measured by the Department of Justice's California Crime Index, began declining before the passage of the Three Strikes law. In fact, the overall crime rate declined by 10 percent between 1991 and 1994. The crime rate continued to decline after Three Strikes, falling by 43 percent statewide between 1994 and 1999, though it has risen by about 11 percent since 1999. Similarly, the violent crime rate declined by 8 percent between 1991 and 1994 and then fell an additional 43 percent between 1994 and 2003. It is important to note that these reductions appear to be part of a national trend of falling crime rates. National crime rates-as reported by the Federal Bureau of Investigation's Uniform Crime Report-declined 31 percent between 1991 and 2003, with violent crime declining 37 percent over that period. Researchers have identified a variety of factors that likely contributed to these reductions in national crime rates during much of the 1990s including a strong economy, more effective law enforcement practices, demographic changes, and a decline in handgun use. (LAO, A Primer: Three Strikes - The Impact After More Than a Decade (Oct. 2005) <https://www.lao.ca.gov/2005/3 _strikes/3_strikes_102005.htm> [as of Apr. 12, 2023].) Research also shows that the law disproportionately impacts people of color. According to the Committee on the Revision of the Penal Code's 2021 annual report:

More than 33,000 people in prison are serving a sentence lengthened by the Three Strikes law — including more than 7,400 people whose current conviction is neither serious nor violent. The population sentenced under the Three Strikes law is a third of the total prison population.
80% of people sentenced under the Three Strikes law are people of color. As with the entire prison population, the racial disparities are even more prevalent for young people sentenced under the law: 90% of those who were 25 or younger at the time SB 14 (Grove ) Page 11 of 13
of the offense and serving a sentence under the Three Strikes law are people of color.

People of color, particularly Black people, are arrested and prosecuted at disproportionate rates, and the Three Strikes law perpetuates these disparities by subjecting people to harsher penalties once they become justice-involved. While Black people account for less than 30% of the entire prison population, they account for 45% of people serving a third strike sentence. (Annual Report and Recommendations 2021, Committee on Revision of the Penal Code, pp. 43- 46, fn. omitted.) Based on the committee's findings, the committee recommended eliminating or substantially limiting the use of the Three Strikes law. (Id. at p. 47.) This bill expands Three Strikes by adding human trafficking to the list of serious felonies.

5. Court Ordered California to Maintain a Durable Solution to Prison Overcrowding In January 2010, a three-judge panel issued a ruling ordering California to reduce its prison population to 137.5% of design capacity because overcrowding was the primary reason that CDCR was unable to provide inmates with constitutionally adequate healthcare. (Coleman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK JFM P/NO. C01-1351 THE.) The United State Supreme Court upheld the decision, declaring that "without a reduction in overcrowding, there will be no efficacious remedy for the unconstitutional care of the sick and mentally ill" inmates in California's prisons. (Brown v. Plata (2011) 131 S.Ct. 1910, 1939; 179 L.Ed.2d 969, 999.)
After continued litigation, on February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016.

The court also ordered California to implement the following population reduction measures in its prisons:
• Increase prospective credit earnings for non-violent second-strike inmates as well as minimum custody inmates.
• Allow non-violent second-strike inmates who have reached 50 percent of their total sentence to be referred to the Board of Parole Hearings (BPH) for parole consideration. • Release inmates who have been granted parole by BPH but have future parole dates. • Expand the California Department of Corrections and Rehabilitation's (CDCR) medical parole program.
• Allow inmates age 60 and over who have served at least 25 years of incarceration to be considered for parole.
• Increase its use of reentry services and alternative custody programs. (Opinion Re: Order Granting in Part and Denying in Part Defendants' Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v.

Brown, Plata v. Brown (2-10-14).) Following the implementation of these measures along with the passage of Proposition 47 (approved by California voters in November 2014), California met SB 14 (Grove ) Page 12 of 13
the federal court's population cap in December 2015. (Defendants' December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown.)
CDCR's March 2023 report on the prison population notes that as of March 8, 2023, the State's adult prison population is 90,934, or 110.9 percent of design capacity (Three-Judge Court Quarterly Update, CDCR, (March 15, 2023) https://www.cdcr.ca.gov/3-judge-court-update/[as of Apr. 17, 2023].)
While CDCR is currently in compliance with the three-judge panel's order on the prison population, the state needs to maintain a "durable solution" to prison overcrowding "consistently demanded" by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants' Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3- Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14).) Adding new crimes that qualify as strikes will result in longer terms of incarceration thereby reversing the progress made in reducing prison overcrowding.

6. Potential Amendment to be Taken in Committee
While data is hard to obtain in this arena, statistics tend to show that the average age of entry for a person into sex trafficking is 14 and 15. Considering that this bill expands Three Strikes but also considering that there is a differentiation of vulnerability between minors and adults, should this bill be narrowed to apply to commercial sex trafficking of minors?

7. Argument in Support
According to 3Strands Global Foundation, the sponsor of this bill:

This important bill will include human trafficking in the lists of crimes that are defined as serious and violent under California law, making the crime a strike under the Three Strikes law. It will also help strengthen protections for the millions of victims of sex and labor trafficking.

California consistently ranks number one in the nation in the number of human trafficking cases reported to the National Human Trafficking Hotline. The California Attorney General notes that California is one of the largest sites for human trafficking in the United States, recognizes the serious nature of this crime.

Human trafficking is among the world's fastest growing criminal enterprises and is estimated to be a $150 billion-a-year global industry. It is a dehumanizing crime that profits from the exploitation of our most vulnerable populations.

8. Argument in Opposition
According to Sister Warriors Freedom Coalition:

The penalties for human trafficking are already harsh, and there is no evidence that increasing criminal penalties will prevent or reduce human trafficking. The penalties for human trafficking are already significant, i.e. from 5 years in state prison and up to 15 years to life in state prison (depending on the age of the SB 14 (Grove ) Page 13 of 13
victim, the purpose for the trafficking, and manner in which the trafficking was carried out- i.e. force, duress, etc.) Further, many of the underlying offenses listed in P.C. 236.1 also require sex registration pursuant to P.C. section 290. Moreover, there is no evidence that long prison sentences deter or prevent crime. If anything, low-level individuals involved in human trafficking will be prosecuted under this legislation, many of them will be prosecuted for conduct done under duress or other pressures, and they will be easily and swiftly replaced.

SB 14 legitimizes "Three Strikes" which has proven to be ineffective at serving public safety and has contributed to the mass incarceration of Black Californians.

California is one of 24 states, along with the federal government, that enacted a version of Three-Strikes sentencing in the 1990s. However, California's law contained some of the most severe sentence enhancements, applied to an especially broad group of felony offenses, and has been used more extensively in sentencing in criminal cases than in any other state. California's law was also unique in mandating a doubled-sentence enhancement for any felony (for people with at least one prior serious or violent felony) regardless of whether or not the new felony was categorized as serious or violent. Nearly one-in-three (29%) of people serving doubled-sentence enhancements in January 2022 (about 8,100 individuals) had a strike enhancement for a non-serious, non-violent offense. -- END -
RESOLUTION 2023-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER SUPPORTING CAILFORNIA SENATE BILL 14, WHICH WOULD INCLUDE HUMAN TRAFFICKING OF A

MINOR WITHIN THE DEFINITION OF A SERIOUS FELONY FOR ALL PURPOSES,

INCLUDING FOR PURPOSES OF THE THREE STRIKE LAW
WHEREAS, existing law defines the term "serious felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law; and WHEREAS, existing law states that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not WHEREAS, existing law states that a person who deprives or violates the personal liberty of another with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than $500,000; and WHEREAS, Existing law specifies that a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking. A violation is punishable by imprisonment in the state prison as follows:
• Five, 8, or 12 years and a fine of not more than $500,000; or • Fifteen years to life and a fine of not more than $500,000 when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person
WHEREAS, Senate Bill 14 would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law; and
WHEREAS, the Three Strikes law contains a statutory "lock-in" date of November 7, 2012 which was the last date the law was amended. The effect of the lock-in date is to provide that the listed offenses are "strikes" as of that date. As long as an offense is deemed a strike as of the listed date, the Three Strikes sentencing provisions apply to enhance a person's sentence even if the person was convicted of the offense prior to it being deemed a strike. The specified date also acts to disallow adding a new strike unless the date is extended.

WHEREAS, Senate Bill 14 would amend the lock-in date to January 1, 2024 effectively adding to what constitutes a strike; and
WHEREAS, Senate Bill 14 would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement; and
WHEREAS, Senate Bill 14 would provide that no reimbursement is required by this act for a specified reason.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Exeter, State of California, does hereby support California Senate Bill 14.

Resolution 2023-16
California Senate Bill 14

Page 2 of 2 ends

Passed, approved, and adopted this 23rd day of May 23, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Frankie Alves, Mayor
Attest:

Christina Arias, Deputy City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: May 23, 2023
For action by:

Agenda Item Number: F1 X City Council
Planning Comm.

Wording for Agenda: PUBLIC HEARING to introduce and give first Regular Session:
reading of Ordinance 712 Amending Title 17 of the Exeter Municipal _ Consent Calendar Code by adding text amendments to Chapter 17.64 to add Regular Item "Accessory Dwelling Units" as a section of the Special Uses X Public Hearing Chapter.

Review:

Submitting Department: Planning Department City Administrator Contact Name: Greg Collins, City Planner, Tristan Suire, City (Initials Required) Planner
Phone: 559-734-8737
Email: [email protected], [email protected]
Department Recommendation:

Staff recommends that the City Council introduce and give first reading of Ordinance 712, a text amendment to Title 17 of the Exeter Municipal Code by adding text amendments to Chapter

17.64 to add "Accessory Dwelling Units" as a section of the Special Uses Chapter.

Summary:

The State of California has, over the past several years, adopted a series of laws restricting the means by which local jurisdictions, including the City of Exeter, enforce certain development standards for Accessory Dwelling Units, or ADUs. Currently, the City processes applications for ADUs based strictly on the minimum requirements of these new state laws. The proposed text amendment would add a new section to the Exeter Municipal Code Chapter 17.64, "Special Uses". , to establish new regulations regarding the development standards for ADUs within the new framework of state law. The draft ordinance meets the requirements of state law and imposes reasonable development standards on individuals looking to develop ADUs. The draft ordinance has been reviewed by the City Attorney's office for consistency with state law and is in a finalized form. The ordinance has been revised following public hearings before the Planning Commission on April 20th 7, 2023, at which time a resolution was adopted to recommend approval of the ordinance to the City Council.

Background and Discussion:

Staff has prepared an ordinance based on the requirements of Government Code sections 65852.2 and 65852.22 which regulate the authority of local jurisdictions to apply certain development standards to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The draft ordinance creates a uniform permitting pathway for ADUs/JADUs, sets development standards, fee requirements, and standards for occupancy and ownership.

Currently, the City has limited ability to impose development standards on ADUs, in part because many of the development standards that would normally apply conflict with state laws and are therefore unenforceable. Similarly, the state requires that applications for ADUs be processed administratively, however the City's normal review processes requires discretionary action, and so ministerial review had to be conducted outside of the normal permitting pathways to comply with state law. The proposed ordinance is intended to solve these issues by creating enforceable development standards and a streamlined administrative review process that is easy for applicants to navigate.

The draft ordinance first defines ADUs and JADUs to ensure consistency with the definitions contained in the state law, and to clarify what constitutes an ADU or JADU for the public. It is worth noting that ADUs are required to have separate kitchen and bathroom facilities and other defining features associated with "efficiency units" in order to be considered an ADU. JADUs are distinct because they are dwelling units converted from existing space within a single-family dwelling (often garage conversion) and are not required to have separate bathroom facilities.

Regardless of the type of ADU, all districts that permit residential uses would allow ADUs, unless there are express findings made regarding the inadequacy of services provided by the city to serve the site.

The permitting pathway provided in the draft ordinance requires that applicants submit a scaled plot plan, floor plans, elevations, and dimensions of the existing and proposed structures in order for staff to review the plans for compliance with the development standards. Applicants will need to submit all of the required materials to be considered complete, and once considered complete, staff will be required to make a determination on the project within 60 days. The determination made by staff will be solely a function of compliance with the development and design standards contained in the proposed ordinance, state law, any applicable provisions of the zone district, and any applicable fire and building codes.

The design standards provided in the draft ordinance are designed to ensure safety, health, and welfare of the residents of Exeter, and should be taken into consideration by applicants prior to their submission of a permit application. These include; roof pitch and overhang consistent with the principal dwelling, parking stall requirements, and mailbox and address location requirements. Besides the design standards, additional development standards apply that cover to maintain the quality of ADUs and JADUs developed in the City.

Examples of development standards include the following:
• Number of Units - Limits single-family lots to a maximum of one (1) ADU and one (1) JADU.

Setbacks - Minimum setback of four (4) feet from rear and side yard lot lines. • Unit Size - Maximum of 50 percent of the existing primary dwelling, or 1,200 sq. ft. for a detached ADU, whichever is less.
• Architectural compatibility with the primary dwelling While there are many other nuances to the development standards applied to ADUs and JADUs, the goal is to comply with state law while also imposing basic requirements that ensure the health, safety, and welfare of residents. The standards for ADUs and JADUs differs slightly because of variations in state requirements, and the simple fact that conversion of existing living space is often much different from erecting an entirely new structure.

The next subsection of the ordinance details in what ways fees can be applied to ADUs and JADUs, which is almost entirely determined by state law. Effectively, when a project consists of only an ADU or JADU, under 750 square feet, no impact fees can be applied, and even over 750 square feet, those fees must be charged proportionally in relation to the square footage of the primary dwelling (Not including school impact fees). Ultimately, the city is limited in its ability to require fees for ADU projects that would be typical with other types of development.

Given that the State has enacted these new ADU laws with the purpose of combatting the housing crisis, the City has also included a subsection regarding how the development of ADUs can be counted in the City's Housing Element. This will allow the City to better reach goals identified in the current Housing Element associated with reducing barriers for the development of affordable housing units in the City.

During the public hearing held in April the Planning Commission requested staff to include requirements for the occupancy and ownership of a proposed ADU or JADU. While state law on this particular facet of ADU development may change after January 1, 2025, currently the City does not have the ability to impose owner occupancy requirements on ADUs. However, the draft ordinance already required that a certificate of occupancy be issued to the primary dwelling prior to issuance of a certificate of occupancy for an ADU, and also requires that ADUs not be sold or otherwise conveyed separately from the primary residence, although they can be rented separately. Now the ordinance requires that beginning January 1, 2025, owner occupancy will be required for all new permits for ADUs and JADUs (unless the owner is another governmental agency, land trust, or housing organization per state law).

Conclusion:

Staff recommends that the Exeter City Council introduce and give first reading of Zoning Ordinance Amendment 2023-01, a text amendment to Chapter 17-64 of the Exeter Zoning Ordinance to add "Accessory Dwelling Units" as a section of the Special Uses Chapter. This will create a pathway for regulation of ADUs and JADUs in the City.

Facts:

Applicant: Planning Department Staff
Location: Citywide
Request: Staff is requesting to amend the Zoning Ordinance to create a new section of the "Special Uses" chapter regarding processes and standards for the development of ADUs and JADUs consistent with state law.

Design: No project specific designs have been proposed, specific applicants will be required to submit site plans for review to ensure compliance with state and local desian standards.

Historic Use: Historically, applications for ADUs have been processed consistent with state Site: No project specific site is proposed. The foregoing ordinance amendment would apply to properties within the City Limits zoned for residential uses.

Zone: The Zoning Ordinance Amendment would apply to the following zone districts:

RA (Residential-Agricultural), R-1-10 (Single-family residential - 10,000 sq. ft.), R-1-10 PUD (Single-family residential - 10,000 sq. ft. PUD), R-1-7.5 (Single- family residential - 7,500 sq. ft.), R-1-6 (Single-family residential - 6,000 sq. ft.), R-1-6 PUD (Single-family residential - 6,000 sq. ft. PUD), RM-1.5 (Multifamily Residential - 1,500 sq. ft.), RM-3 (Multi-family Residential - 3,000 sq. ft.), PO (Professional Office), and MU (Mixed Use).

Gen. Plan: The General Plan allows for residential activity in residential districts. The proposed Zoning Ordinance Amendment is consistent with the General Plan.

Land Use: No project specific site is proposed. ADUs and JADUs are only to be permitted on lots with existing or proposed primary residence.

Infrastructure: No project specific site is proposed, only nominal water supply, wastewater, or water runoff demands are anticipated, and ADUs above 750 sq. ft. will be required to pay proportional impact fees to mitigate any potential effects.

Landscaping: No project specific site is proposed, landscaping is not required for an ADU.

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: Planning Commission approval of Resolution 2023-06 on April 20, 2023.

Attachments: Ordinance 712
ecommended motion to be made by Counc
move to introduce and give the first reading Ordinance 712 Amending Title 17 of the Exete Municipal Code by adding text amendments to Chapter 17.64 to add "Accessory Dwelling Units" as a section of the Special Uses Chapter, read by title only, and waiving further reading in full.

ORDINANCE 712
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 (ZONING), OF THE EXETER MUNICIPAL CODE, BY ADDING TEXT AMENDMENTS TO CHAPTER 17.64 TO ADD "ACCESSORY DWELLING UNITS" AS A SECTION OF THE SPECIAL USES CHAPTER 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, of the Exeter Municipal Code, by amending the text of Chapter 17.64, to add "Accessory Dwelling Units" as a section of the Special Uses Chapter; 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 17.64 of Title 17 (Accessory Dwelling Units" attached in Exhibit "A" of this Ordinance). Text additions are shown in Exhibit A
The foregoing Ordinance 712 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 23" day of May 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor
ATTEST:

Deputy City Clerk
Exhibit "A"

17.64.11 Accessory Dwelling Units (ADUs)
A. Purpose and Intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs").

1. This section is intended to comply with Government Code sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code sections 65852.2 and 65852.22.

2. An ADU or JADU that complies with this section is considered an accessory use or an accessory building that does not exceed the allowable density for the lot upon which it is located.

3. An ADU or JADU that complies with this section is considered a residential use that is consistent with the existing general plan and zoning designations for the lot.

4. An ADU or JADU that complies with this section will not be considered in the application of any other local ordinance, policy, or program to limit residential growth.

5. ADUs and JADUs will be counted for purposes of identifying adequate sites for housing in the City's Housing Element.

B. Definitions. The following definitions apply to the operation of this Section. To the extent these definitions conflict with definitions found elsewhere in this title, the definitions set forth in this Section shall control.

1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multi-family dwelling is situated. An ADU may be an efficiency unit or a manufactured home. "Efficiency unit" has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4, which meets the following standards:
a. The unit has a single living room of not less than 220 square feet of floor area for two (2) or fewer occupants and an additional 100 square feet of floor area for each additional occupant of the unit.
b. The unit has a separate closet.

C. The unit has a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front, and lighting and ventilation conforming to the California Building Standards Code.
d. The unit has a separate bathroom containing a water closet, lavatory, and bathtub or shower.

3. "Floor area" or "Total floor area" means the entire ground-level square footage of the structure, including the living area, as defined, and any non-habitable area within the structure, such as a garage or storage space.

4. "Impact fee" has the same meaning as the term "fee" is defined in Government Code section 66000(b), except that it also includes fees specified in Government Code section 66477. "Impact fee" does not include any connection fee or capacity charge.

5. "Junior accessory dwelling unit" or "JADU" means a dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence, or other approved structure as specified in Government Code section 65852.2(e). A JADU must include the following features:
a. Exterior access separate from the main entrance to the proposed or existing primary dwelling or other structure.
b. An efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c. JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

6. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. "Multi-generational dwelling unit" means a dwelling unit, that does not include a kitchen, contained entirely within the walls of an existing single-family residence where access is not restricted between areas of the residence. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards, but was a lawful improvement that did conform to the zoning standards in place at the time of the improvement.

9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

10. "Permanent provisions for cooking" has the same meaning as "kitchen."

11. "Permanent provisions for sanitation" and "sanitation facilities" means a separate bathroom containing a water closet, lavatory, and bathtub or shower.

12. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

13. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

14. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

C. Applications. ADUs and JADUs shall conform to the following submittal requirements.

1. A scaled plot plan of the subject parcel on which the ADU or JADU will be located shall be provided. Indicate the location and dimensioned setbacks, and of all existing and proposed structures on the site. Provide dimensions of all easements, right-of- way(s), building envelopes, parking, and paved areas.

2. Complete floor plans of both existing and proposed conditions shall be provided.

Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted.

Provide elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed secondary dwelling unit. The secondary dwelling unit shall meet the following design standards.
a. A second dwelling unit shall have a roof pitch and roof overhang equal to the roof pitch and roof overhang of the primary residence.

A secondary dwelling unit shall provide one off-street parking space. This parking space may be covered or uncovered and shall meet all parking space location, dimension, and surfacing requirements of the zoning district in which it is located, unless otherwise exempted under state law. c. The address and mailbox for the second dwelling unit shall be located near the public right-of-way.

D. Designated Areas. ADUs and JADUs are allowed in all residential zoning districts, including mixed-use zones where residential uses are permitted, unless the City makes express findings supported by substantial evidence that ADUs and JADUs cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUs and JADUs on traffic flow and/or public safety and designate specific areas based on these findings. ADUs and JADUs are subject to the normal requirements of the district. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed.

E. Development Standards. ADUs and JADUs may be permitted on any single-family lot or any multi-family lot. The requirements and standards of the Zoning Ordinance that apply to the primary dwelling on the lot shall apply to any ADU and/or JADU, including lot coverage, height, floor area ratio, open space, landscape, and architectural review. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirement or standard does not conflict with the requirements and standards provided in this Section and Government Code sections 65852.2 and 65852.22.

1. Number of Units. Not more than three (3) dwelling units shall be permitted on a single-family lot, which shall include not more than one (1) existing primary residence and may include not more than one (1) ADU and not more than one (1) JADU.

2. Relation to Primary Dwelling. The ADU must be either: (1) attached to, or located within, the existing primary dwelling, including attached garages, storage areas or similar uses within the primary dwelling structure; or (2) detached from the existing primary dwelling and located on the same lot as the existing primary dwelling. Except as provided in Government Code section 65852.2(e), a JADU must be contained entirely within the walls of the existing single-family residence.

3. Setbacks.
a. No setback is required for an ADU constructed or installed within (1) an existing living area or permitted accessory structure, or (2) a structure constructed in the same location and to the same dimensions as an existing permitted accessory structure that is converted to an ADU or to a portion of an b. A minimum setback of four (4) feet from the side and rear lot lines is required for an ADU that is not (1) converted from an existing permitted accessory structure, or (2) a new structure constructed in the same location and to the same dimensions as an existing permitted accessory structure.

4. ADU Unit Size.
a. If there is an existing primary dwelling, the total floor area of an attached ADU may not exceed 50 percent of the floor area of the existing primary dwelling.
b. The total floor area for a detached ADU may not exceed 1,200 square feet. c. An attached or detached one-bedroom ADU may not be more than 850 square feet of living area.
d. An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area.
e. An ADU may be an efficiency unit, as defined. A proposed ADU that does not meet the minimum requirements of an efficiency unit is not permitted.

5. JADU Size.
a. A JADU may not be more than 500 square feet in size.

6. Exceptions.

Notwithstanding any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, or minimum lot size, an attached or detached ADU will be permitted if the ADU is:
a. Not more than 800 square feet of total floor area;
b. Not more than 16 feet in height;
c. Has at least four-foot side and rear yard setbacks; and d. Is constructed in compliance with all Fire and Building Code requirements and standards of the Zoning Code.

7. ADU Building Standards.
a. The ADU shall not exceed a single story, unless constructed above an attached or detached garage, or the height limit of the applicable zoning district, whichever is more restrictive.
b. The development of the ADU shall be subject to the property development standards for the subject zoning district in which the ADU is located.

Both attached and detached ADUs must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the ADU shall conform to all applicable standards of the building, health, and other codes adopted by the City. d. Attached ADUs shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling).
e. Detached ADUs shall comply with building and fire code separation standards and be compatible with the materials and colors of the primary dwelling. f. No passageway is required in conjunction with the construction of an ADU. g. Approval by the County Health Officer and City Public Utilities Director is required where a private water well and/or private sewage disposal system is being used
h. Fire sprinklers are required for ADUs if fire sprinklers are required for the primary residence.

A new or separate utility connection directly between the ADU and the utility is not required unless the ADU is constructed with an existing single-family home.

8. JADU Building Standards. JADUs shall comply with the following:

A JADU must include a separate entrance from the main entrance to the existing single-family residence.
b. A JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

C. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
d. A JADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, including a connection fee. e. Deed Restriction. A JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:
a. Prohibit the sale of the JADU separate from the sale of the single- family residence.

9. Multi-family ADUs. The following ADUs are permitted within a residential or mixed-use zone on a lot that has an existing multi-family dwelling:
a. One (1) or more ADUs, up to 25 percent of the existing multifamily dwelling units, constructed within the portions of the existing multifamily dwelling structure that are not used as livable space, including, but not limited to. torage rooms, boiler rooms, passageways, attics, basements, or garages, i ach unt comes with state building standards for dwellings b. Up to two (2) detached ADUs, subject to a height limit of 16 feet and four- foot rear yard and side setbacks.

F. Connection, Impact, and other Fees. Except as provided below, ADUs and JADUs are subject to all fees and assessments require by the Exeter Municipal Code for new residential construction.

1. ADUs and JADUs are not considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU or JADU is constructed with a new single-family home or a new detached structure.

2. Any impact fees charged for an ADU or JADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

3. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.

4. The separate utility connection for an ADU constructed with a new single-family home or a new detached structure is subject to a connection fee or capacity charge proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values upon the water or sewer system, that reflects the reasonable cost of providing this service.

G. Occupancy and Ownership. ADUs and JADUs must comply with the following standards.

1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADU or JADU on the lot.

2. An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

3. Owner-occupancy is not required for ADUs. Owner-occupancy is required in the single-family residence in which a JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner- occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

4. For single-family residences in which an ADU and a JADU will be permitted, Owner occupancy shall be required. The owner may reside in either the remaining portion of the primary structure, or the newly created JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

5. Beginning January 1, 2025, Owner occupancy shall be required for all ADU and/or JADU permits. For an ADU permit, the owner may occupy either the primary or accessory unit. For a JADU permit, the owner may reside in either the remaining portion of the primary unit, or the newly created JADU. For single-family residences in which an ADU and a JADU will be permitted, the preceding Section G.4. applies.

Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

H. Parking Standards. One (1) parking space per ADU is required, except as specifically excepted. These spaces may be provided in setback areas or as tandem parking on a driveway.

I. Permit Approval. A permit must be obtained for the construction or installation of an ADU or JADU. The ADU or JADU must conform to the standards required by the Zoning Ordinance and the California Building Code. A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall act on the application to create an ADU or a JADU within 60 days from the date the City receives a completed application if there is an existing single- family or multifamily dwelling on the lot.

J. ADUs and Regional Housing Needs Assessment. Subdivisions and multifamily housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU, shall be counted in the City's Housing Element as adequate sites for affordable housing, as provided in Government Code section 65583.1(a).

K. Other. Nothing in this section shall be construed to prohibit the City from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an ADU or JADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes an ADU or JADU.

City of Exeter
Agenda Item Transmittal
Meeting Date: May 23, 2023
For action by:

Agenda Item Number: F2 X City Council
Regular Session:

Wording for Agenda: Adopt Resolution 2023-17 Appointing Rene Consent Calendar Miller as Interim Finance Director, Approving Employment X Regular Item Agreement and authorizing the City Administrator to execute same Public Hearing subject to minor conforming and clarifying changes acceptable to the City Attorney. Review:

City Administrator
Submitting Department: Administration (Initials Required) Contact Name: Adam Ennis, City Administrator
Shonna Oneal, City Clerk/Human Resources OBS
Manager
Phone Number: (559) 592-9244
Email: [email protected]
[email protected]
Department Recommendation:

Staff recommends that City Council adopt Resolution 2023-17 as presented and authorize the City Administrator to execute the Employment Agreement.

Summary:

Due to the recent resignation of the City's Finance Director, Rainbow Moore, the City will be without an acting Finance Director/Treasurer effective May 26, 2023. Filling the position on an interim basis will allow the City time to conduct the recruitment and fill the regular vacancy while ensuring steady leadership of the Finance Department and maintain internal financial controls.

The City contacted Rene Miller who is a CaPERS retiree to inquire if she would be willing to serve the City in an interim capacity. She is interested and able to assist the City in this role.

Ms. Miller is a Certified Public Accountant and has 20 years of public agency experience. She has in depth knowledge of auditing and budgeting practices for municipalities. Appointing Ms.

Miller to the Interim Finance Director role will serve multiple purposes including continued leadership for staff, maintaining internal service controls, reducing the amount of backlogged work for the selected candidate to address at time of hire and alleviate Administration of covering all duties during the recruitment process.

A proposed resolution and Employment Agreement is attached hereto setting the rate of pay at the equivalent of the current Step E of the Finance Director, which is $55.06 per hour. This will be the only form of compensation received by Ms. Miller per CaPERS regulations set forth below.

Background:

Government (Gov.) Code Section 21221(h) permits the City Council to appoint a retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to be reinstated from retirement or loss of benefits so long as the following conditions are met:

1. Active Recruitment: Before an individual is appointed, the employer must have in place an active recruitment for a permanent replacement for the vacant position.

2. Limited-Duration Work: An individual can only be appointed as an interim or acting during the period of the recruitment and cannot work in a permanent capacity or for an indefinite period of time.

3. Single Appointment: An individual can only be appointed once to the vacant position.

4. Compensation: The hourly pay rate cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer's publicly available schedule and they cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.

5. 960 Hour Per Fiscal Year Limit: The hours worked by an appointed individual cannot exceed 960 hours in a fiscal year (July 1 through June 30). There are no exceptions.

Although there are some exceptions to the following, all retired annuitants must have a bona fide separation in service retirement and must wait 180-days to be employed as a retired annuitant.

Financial Impact:

The cost of this appointment would be $55.06 per hour with a maximum of 960 hours per fiscal year. Assuming, Ms. Miller worked the full amount of hours allocated, the total cost would be $52,857.60. No budget adjustments are required because the cost for an Interim Finance Director is significantly less than the monthly cost of a full-time Finance Director position when you include medical, health, and other benefits (Treasurer pay, deferred compensation, vacation, etc.)
Prior Council/Board Actions: None.

Attachments: Resolution 2023-17
Employment Agreement
Recommended motion to be made by Council/Board: I move to adopt Resolution 2023-17 as presented, authorize the City Administrator to execute the Employment Agreement subject to any minor conforming and clarifying changes acceptable to the City Attorney.

RESOLUTION 2023-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER APPOINTING

RENE MILLER AS INTERIM FINANCE DIRECTOR AND APPROVING EMPLOYMENT

AGREEMENT
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employee's Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the position of Finance Director will become vacant on May 26, 2023; and WHEREAS, in order to retain efficient and uninterrupted operation and management, the City Council desires to appointment Rene Miller as an interim appointment retired annuitant to the position of Finance Director for the City of Exeter ("City") under Gov. Code section 21221(h), effective May 30, 2023; and
WHEREAS, Ms. Miller has over 30 years of finance experience and is a Certified Public Accountant; and
WHEREAS, the Exeter City Council, the City of Exeter and Ms. Miller certify that Ms. Miller has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, a search for a permanent appointment commenced on May 1, 2023; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the regular replacement for the vacant position of Finance Director for the City of Exeter commences employment, or if earlier, the date that this appointment is terminated by the City or Ms. Miller; and WHEREAS, the entire employment agreement, contract or appointment document between Rene Miller and City of Exeter has been reviewed by this body and is attached hereto; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $9,545 per month and the hourly equivalent is $55.06; the minimum base salary for this position is $7,774 per month and the hourly equivalent is $44.85; and
WHEREAS, the hourly rate paid to Rene Miller will be $55.06; and WHEREAS, Rene Miller has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and Resolution 2023-17
Rene Miller Appointment

Page 2 of 2 ends

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

Section 1: The City Council hereby certifies the nature of the employment of Rene Miller as described herein and detailed in the attached employment agreement document and that this appointment is necessary to temporarily fill the critically needed position of Finance Director for the City of Exeter by May 30, 2023, to provide critically needed, specialized skills necessary to run the Finance Department.

Section 2: The City Council hereby appoints Rene Miller as interim Finance Director effective May 30, 2023, pursuant to the authority provided under Gov. Code sections 21221(h) and 7522.56, during the recruitment, selection and employment of a regular Finance Director.

Section 3: The employment agreement with Rene Miller, a copy of which is incorporated herein as Exhibit A is approved by the City Council effective May 30, 2023.

Section 4: The City Administrator is authorized to execute said agreement on behalf of the City, with such minor confirming or clarifying amendments as may be deemed appropriate by the City Attorney.

Passed, approved, and adopted this 23rd day of May 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Frankie Alves, Mayor
ATTEST:

Christina Arias, Deputy City Clerk

AGREEMENT FOR

INTERIM FINANCE DIRECTOR SERVICES
THIS AGREEMENT is made and entered into this _ day of May, 2023 by and between the City of Exeter ("City") and Rene Miller ("Retiree"). In consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:

RECITALS
This Agreement is made and entered into with respect to the following facts:

City seeks to engage Retiree on an interim basis to serve in the position of Interim Finance Director in accordance with the terms set forth in this Agreement; and Retiree desires to accept employment as Interim Finance Director in consideration of and subject to the terms, conditions and benefits set forth in this Agreement; and.

Retiree' employment is authorized by Government Code Sections 7522.56 and 21221(h), which permit the City Council to appoint a California Public Employees' Retirement System ("CalPERS") retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provide that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits, so long as it is a single appointment that does not exceed 960 hours in a fiscal year, inclusive of all hours worked for other all CaPERS employers.

D. Retiree represents that she is a retired annuitant of CaPERS within the meaning of Government Code §§7522.56 and 21221(h) ("Statutes") and acknowledges that her compensation is statutorily limited as provided in Government Code § 21221(h). Retiree represents that, as of the effective date of this Agreement, she has not worked for another CaPERS state or contracting agency as a retired annuitant during the 2022-2023 fiscal year, and that she therefore acknowledges that she can work up to 960 hours for City, a state agency or other CaPERS contracting agencies (collectively "CalPERS Agencies") during ; the 2022-2023 fiscal year. Retiree represents that she has not received unemployment compensation resulting from employment with any CaPERS Agenies as a retired annuitant during the 12-month period preceding the effective date of this City has determined that it is necessary to hire Retiree, a retired annuitant, because the position of Interim Finance Director requires special skills, and Retiree, by virtue of her experience has those special skills.

NOW, THEREFORE, City and Retiree, in consideration of the mutual covenants and agreements herein contained, agree as follows:

1. DESIGNATION OF INTERIM FINANCE DIRECTOR. In accordance with Resolution #23-xx, Retiree has been appointed Interim Finance Director of City pursuant to the terms of this Agreement.

POSITION AND DUTIES.

2.1 Position. Retiree has been appointed by the City Council as Interim Finance Director of City to perform, on a basis set forth in Paragraph 4 below, the duties and functions pertaining to the Finance Director position, and to perform other legally permissible duties and such functions as the City Administrator shall from time-to-time assign. The City Administrator shall have the authority to determine the specific duties and functions which Retiree shall perform under this Agreement and the means and manner by which Retiree shall perform those duties and functions. Retiree agrees to devote all of her business time, skill, attention, and best efforts to the discharge of the duties and functions assigned to her by the City Administrator.

2.2 Term. Retiree shall commence the performance of her duties as the Interim Finance Director on May 30, 2023, or at such later date as the parties hereto shall agree in writing ("Commencement Date"). This Agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent Finance Director employed by City; (ii) upon Retiree working 960 hours for all CaPERS Agencies during fiscal year 2022-2023 or 960 hours in any subsequent fiscal year; or (iii) upon termination of the Agreement by either Retiree or City as provided below.

2.3 At-Will. Retiree acknowledges that she is an at-will, temporary employee of City who shall serve at the pleasure of the City Administrator at all times during the period of her service hereunder and shall be subject to termination by the City Administrator at any time without advance notice and without cause. The terms of City's personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding administrative personnel (collectively "Personnel Policies"), as they may be amended or supplemented from time to time, shall not apply to Retiree, and nothing in this Agreement is intended to, or does, confer upon Retiree any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Administrator to terminate her employment, except as is expressly provided in Section

2.2 [Term] or Section 4 [Termination] of this Agreement. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of City to terminate the services of Retiree, as provided in Section 2.2 [Term] or Section 4 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Retiree to resign at any time from her position with City, subject only to the provisions set forth in Section 2.2 [Term] or Section 4 [Termination] of this Agreement. This at-will employment shall be expressly subject to the rights and obligations of City and Retiree, as set forth in Section 2.2 [Term] or Section 4 [Termination] below.

2.4 Hours of Work. Retiree shall devote the time necessary to adequately perform her duties as Interim Finance Director. The parties anticipate that Retiree will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular and special City Council meetings and other City functions as the City Administrator may direct. However, in no event shall Retiree be required to work in excess of 960 hours in fiscal year 2022-2023 and 960 hours per each subsequent fiscal year for City, including hours worked for other CaPERS Agencies during such fiscal years. The position of Interim Finance Director shall be deemed a non-exempt position under California wage and hour law.

COMPENSATION.

Rate of Pay. For all services performed by Retiree as the Interim Finance Director under this Agreement, City shall pay Retiree compensation at the rate of $55.06 per hour according to the publicly available pay schedule in place for City employees paid bi-weekly subject to the limitations provided below.
(a) Compliance with CalPERS requirements. It is the intent of the parties to compensate Retiree only to the extent permitted under Government Code sections 7522.56 and 21221(h), and corresponding CaPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CaPERS and is not less than the minimum, nor more than the maximum rate of pay, for the position of Finance Director as listed on City's publicly available pay schedule, divided by 173.333 to equal an hourly rate. (b) Recordation and Reporting of Hours Worked. Retiree will comply with all applicable CaPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for City to CalPERS as may be required. City shall assist in any such reporting obligations to CaPERS. Additionally, Retiree shall keep City continually apprised of any hours worked by Retiree for other CalPERS Agencies during the term of this Agreement.

3.2 Benefits. Other than the compensation described in Section 3.1, Retiree will receive no other benefits, incentives, compensation in lieu of benefits, or any other form of compensation. Retiree understands and agrees that she is not, and will not be, eligible to receive any benefits from City, including any group plan for hospital, surgical, or medical insurance, any City retirement program, or any paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits available to an employee in the regular service of City, except for Worker's Compensation Insurance coverage or similar benefits required by state or federal law.

TERMINATION.

4.1 By City. This Agreement may be terminated by City for any reason thirty (30) days after providing written notice to Retiree of such termination. City's only obligation in the event of such termination will be payment to Retiree of all compensation then due and owing as set forth in Section 3.1 [Rate of Pay] up to and including the effective date of termination.

However, this Agreement may be terminated immediately if necessitated by changes to CaPERS statutory or regulatory requirements.

4.2 By Retiree. This Agreement may be terminated by Retiree for any reason thirty (30) days after providing written notice to City of such termination. City shall have the option, in its complete discretion, to make Retiree's termination effective at any time prior to the end of such period, provided City pays Retiree all compensation as set forth in Section 3.1 [Rate of Pay] then due and owing her through the last day actually worked.

4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 2.2 [Term].

4.4 Termination Obligations. Retiree agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by her incident to her employment belongs to City and shall be returned promptly to City upon termination of Retiree's employment. Retiree's obligations under this subsection shall survive the termination of her employment and the expiration of this Agreement.

5. PROPRIETARY INFORMATION. "Proprietary Information" is all information and any idea pertaining in any manner to the business of City (or any City affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his/her employment or otherwise produced or acquired by or on behalf of City. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of City's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During her employment by City, Retiree shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of City and as is, or may be, necessary to perform her job responsibilities under this Agreement. Following termination, Retiree shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. Retiree' obligations under this Section shall survive the termination of her employment and the expiration of this Agreement.

6. NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows:

City
100 North C Street
Exeter, CA 93221
Attn: City Administrator
Retiree
Rene Miller
[Address on File with Human Resources]

7. REIMBURSEMENT. City shall reimburse Retiree for authorized, reasonable and necessary travel expenses incurred by Retiree in the performance of her duties pursuant to this Agreement. Retiree shall document and claim said reimbursement for such travel in the manner and forms required by the City. All reimbursements shall be for actual expenses and shall be subject to and in accordance with California and federal law and City's adopted reimbursement policies. Such reimbursements shall not be reported to CaPERS. Other than as specifically provided herein, Retiree shall receive no other compensation or reimbursements for expenses incurred by her in performance of this Agreement.

8. GENERAL PROVISIONS.

8.1 Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

8.2 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of Retiree's employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of Retiree, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of City, now or in the future, apply to Retiree and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.

Amendments. This Agreement may not be amended except in a written document signed by Retiree and the City Administrator.

Assignment. Retiree shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to Retiree, assign its rights and obligations hereunder.

Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

8.6 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

8.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Tulare County, State of California. (
Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

Acknowledgment. Retiree acknowledges that she has had the opportunity to consult legal counsel in regard to this Agreement, that she has read and understands this Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this Agreement.

8.10 Status of Recruitment. City warrants that as of the Commencement Date it has initiated the process for the recruitment of a permanent replacement to the Finance Director position.

IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by the City Administrator and duly attested to by its City Clerk, and Retiree has signed and executed this Agreement, as of the date first indicated above.

RETIREE CITY
Rene Miller Adam Ennis, City Administrator
ATTEST: APPROVED AS TO FORM:

City Clerk Julia M. Lew
Attorney for City of Exeter

Exeter City CouncilMay 23, 2023

Exeter City Council
May 23, 2023